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(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)