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After the denial of an initial or renewal application by the Director, or suspension or revocation of a license by the Director, the applicant or licensee may seek prompt judicial review pursuant to the provisions of the “Administrative Review Act,” ILCS Ch. 735, Act 5, §§ 3-101 et seq. Upon notification by summons of the filing of a complaint seeking judicial review of the city’s administrative action, the city shall transmit the record of the administrative action to the court no later than five business days after receipt of the summons, and shall answer the complaint no later than ten days after receipt of the summons. In addition, the city shall submit its response brief within 14 days of receipt of the petitioner’s brief. The administrative action shall then be promptly reviewed by the court.
(Ord. 0-2003-13, passed 10-29-03)
(A) A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application and set forth in the operator’s license.
(B) An operator’s license shall not be transferable from one location to another.
(Ord. 0-2003-13, passed 10-29-03)
Sexually oriented businesses shall be permitted in any location in the city provided that:
(A) The sexually oriented business may not be operated within:
(1) One thousand feet of a church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
(2) One thousand feet of a public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education school, junior colleges, and universities; school includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school;
(3) One thousand feet of a public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, skating rink, pedestrian/bicycle paths, wilderness areas, or other similar public land within the city which is under the control, operation, or management of the city;
(4) One thousand feet of the property line of a residence; or
(5) One thousand feet of another sexually oriented business.
(B) A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business that is classified in accordance with § 115.03.
(C) For the purpose of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, synagogue, regular place of worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, or residential lot, or licensed day care center.
(D) For purposes of division (C), the distance between any two sexually oriented business uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(Ord. 0-2003-13, passed 10-29-03)
(A) Any business lawfully operating on the effective date of this chapter that is in violation of the locational or structural configuration requirements of this chapter shall be deemed a non-conforming use. The non-conforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business that was first established and continually operated at a particular location is the conforming use and the later-established business(es) is non-conforming.
(B) A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, synagogue, or regular place of religious worship, public or private elementary or secondary school, licensed day-care center, public park, or a residence within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid business license, and does not apply when an application for a business license is submitted after an operator’s license has expired or has been revoked.
(Ord. 0-2003-13, passed 10-29-03)
(A) Evidence that a sleeping room in a hotel, motel, or a similar commercial enterprise has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the enterprise is an adult motel as that term is defined in this chapter.
(B) It is unlawful if a person, as the person in control of a sleeping room in a hotel, motel, or similar commercial enterprise that does not have a sexually oriented business license, rents or subrents a sleeping room to a person and, within ten hours from the time the room is rented, he or she rents or subrents the same sleeping room again.
(C) For purposes of division (B), the terms “rent” or “subrent” mean the act of permitting a room to be occupied for any form of consideration.
(Ord. 0-2003-13, passed 10-29-03)
(A) A nude model studio shall not employ any person under the age of 18 years.
(B) A person under the age of 18 years commits an offense if the person appears semi-nude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this division if the person under 18 years was in a restroom not open to the public view or visible by any other person.
(C) It shall be unlawful for a person to appear in a state of nudity, or with knowledge, allow another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right of way.
(D) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(Ord. 0-2003-13, passed 10-29-03)
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