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(A) A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction, that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the business license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Director may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since the diagram was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager’s station may be made without the prior approval of the Director or his or her designee;
(4) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of the entire area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of the entire area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this division must be by direct line of sight from the manager’s station.
(6) It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in division (A)(5) remains unobstructed at all times. No doors, walls, partitions, curtains, merchandise, display racks, or other object(s) shall obstruct from view of the manager’s station any portion of the premises to which patrons have access. It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted, as designated in the application filed pursuant to division (A)(1).
(7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot-candle as measured at the floor level.
(8) It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(9) No viewing room or booth may be occupied by more than one person at any time.
(10) No opening of any kind shall exist between viewing rooms or booths.
(11) It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that no more than one person at a time occupies a viewing booths or rooms, and to ensure that no person attempts to make an opening of any kind between the viewing booths or rooms.
(12) The operator of the sexually oriented business shall, each business day, inspect the walls between the viewing booths to determine if any openings or holes exist.
(13) The operator of the sexually oriented business shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(14) The operator of the sexually oriented business shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.
(B) A person having a duty under divisions (A)(1) through (A)(14) commits an offense if he or she, with knowledge, fails to fulfill that duty.
(Ord. 0-2003-13, passed 10-29-03)
(A) It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.
(B) It shall be unlawful for the owner or operator of a sexually oriented business to allow the exterior portion of the sexually oriented business to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this chapter.
(C) It shall be unlawful for the owner or operator of a sexually oriented business to allow exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business if the following conditions are met:
(1) The establishment is a part of a commercial multi-unit center; and
(2) The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.
(D) Nothing in this article shall be construed to require the painting of an otherwise unpainted exterior portion of a sexually oriented business.
(Ord. 0-2003-13, passed 10-29-03)
(A) Notwithstanding any other city ordinance, code, or regulation to the contrary, it shall be unlawful for the operator of any sexually oriented business or any other person to erect, construct, or maintain any sign for the sexually oriented business other than the one primary sign and one secondary sign, as provided herein.
(B) Primary signs shall have no more than two display surfaces. Each such display surface shall:
(1) Not contain any flashing lights;
(2) Be a flat plane, rectangular in shape;
(3) Not exceed 75 square feet in area; and
(4) Not exceed ten feet in height or ten feet in length.
(C) Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner.
(D) Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print-type and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.
(E) Secondary signs shall have only one display surface. Such display surface shall:
(1) Be a flat plane, rectangular in shape;
(2) Not exceed 20 square feet in area;
(3) Not exceed five feet in height and four feet in width; and
(4) Be affixed or attached to any wall or door of the enterprise.
(F) The provisions of division (B)(1) and divisions (C) and (D) shall also apply to secondary signs.
(Ord. 0-2003-13, passed 10-29-03)
The sale, use, or consumption of alcoholic beverages on the premises of a sexually oriented business is prohibited.
(Ord. 0-2003-13, passed 10-29-03)
Cross-reference:
Alcoholic beverages, see Ch. 110
(A) It shall be unlawful to allow a person who is younger than 18 years of age to enter or be on the premises of a sexually oriented business at any time the sexually oriented business is open for business.
(B) It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during such sexually oriented business’ regular business hours. It shall be the duty of the attendant to prohibit any person under the age of 18 years from entering the sexually oriented business. It shall be presumed that an attendant knew a person was under the age of 18 unless such attendant asked for and was furnished:
(1) A valid operator’s, commercial operator’s, or chauffeur’s driver’s license; or
(2) A valid personal identification certificate issued by the State of Illinois reflecting that such person is 18 years of age or older.
(Ord. 0-2003-13, passed 10-29-03)
It shall be unlawful for any sexually oriented business, regardless of whether in a public or private facility, to operate as a massage salon, massage parlor or any similar type business where any physical contact with the recipient of such services is provided by a person of the opposite sex.
(Ord. 0-2003-13, passed 10-29-03)
Cross-reference:
Massage establishments, see Ch. 111
No sexually oriented business, except for an adult motel, may remain open at any time between the hours of 11:00 p.m. and 11:00 a.m. on weekdays and Saturdays. No sexually oriented business shall open for business or remain open for business on Sunday or any legal holiday recognized by the State of Illinois.
(Ord. 0-2003-13, passed 10-29-03)
(A) It is a defense to prosecution under this chapter that a person appearing in a state of nudity did so in a modeling class operated:
(1) By a proprietary school, licensed by the State of Illinois, a college, junior college, or university supported entirely or partly by taxation;
(2) By a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.
(B) Notwithstanding any other provision in this chapter, movies rated G, PG, PG-13, or R, by the Motion Picture Association of America (MPAA), or live theatrical performances with serious artistic, social, or political value, that depict or describe specified anatomical areas or specified sexual activities, are expressly exempted from regulation under this chapter.
(Ord. 0-2003-13, passed 10-29-03)
(A) Any notice required or permitted to be given by the Director or any other city office, division, department or other agency under this chapter to any applicant, operator or owner of a sexually oriented business may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the license, or any notice of address change that has been received by the Director. Notices mailed as above shall be deemed given upon their deposit in the United States mail. In the event that any notice given by mail is returned by the postal service, the Director or his or her designee shall cause it to be posted at the principal entrance to the establishment.
(B) Any notice required or permitted to be given to the Director by any person under this chapter shall not be deemed given until and unless it is received in the office of the Director.
(C) It shall be the duty of each owner who is designated on the license application and each operator to furnish notice to the Director in writing of any change of residence or mailing address.
(Ord. 0-2003-13, passed 10-29-03)
A person who operates or causes to be operated a sexually oriented business without a valid operator’s license, or in violation of § 115.13, is subject to a suit for injunction as well as prosecution for ordinance violations. Each day a sexually oriented business so operates is a separate offense.
(Ord. 0-2003-13, passed 10-29-03)
Any person who commits an offense, violates, neglects, refuses to comply with, or assists or participates in any way in the violation of any of the provisions of this chapter shall be fined not less than $100 and not more than $750 for each such violation. Each day such violation continues shall constitute a separate offense. The Director shall give written notice to any such person of any such violation and the fine imposed by serving a citation in person or by certified United States mail, postage prepaid, return receipt requested, addressed to the licensee’s address as set forth in the licensee’s application.
(Ord. 0-2003-13, passed 10-29-03)