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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)
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