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§ 110.06 ACTION BY CHIEF OF POLICE.
   The Chief of Police shall run a criminal background check on all persons disclosed by the application to have a 5% or greater ownership interest in the permit application, in order to verify that no persons have been convicted of the crimes of prostitution, obscenity or other crimes of a sexual nature. The Chief of Police shall report his or her findings to the Village Board.
(Prior Code, § 153.006) (Ord. 2001-014, passed 8-6-2001)
§ 110.07 ACTION BY CORPORATE AUTHORITIES.
   Within 30 days of receipt of the Plan Commission’s recommendation, the Village Board shall, by resolution duly made, seconded, passed and signed by the Village President, grant or deny the permit. The Village Board’s action shall specify the location, by legal description and common address, of the adult use and shall specify the nature of the adult use permitted. The Village Board may place conditions on the adult use. The Village Board’s determination is a final agency action subject to administrative review.
(Prior Code, § 153.007) (Ord. 2001-014, passed 8-6-2001)
§ 110.08 EXTERIOR DISPLAY.
   No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.
(Prior Code, § 153.008) (Ord. 2001-014, passed 8-6-2001)
§ 110.09 EXISTING ADULT USES.
   Any adult use which existed lawfully, but which became non-conforming upon the adoption of this chapter, may be continued as hereinafter provided:
   (A)   Upon written notice from the village to the owners or interests therein that any building, structure, lot or regulated use is non-conforming under the provisions of Ch. 157 of this code of ordinances, as amended, the owners or interests therein shall, within two months from the date of the notice, apply to the Village Clerk for a certificate of non-conformance;
   (B)   Failure to apply for a certificate of non-conformance within two months of the notice provided in division (A) above will require the amortization of the non-conformance within six months of the notice provided for in division (A) above; and
   (C)   Non-conformances that have applied for certificate of non-conformance from the Village Clerk shall be discontinued within one year of the notice provided in division (A) above.
(Prior Code, § 153.009) (Ord. 2001-014, passed 8-6-2001)
§ 110.10 PERMIT RENEWAL.
   (A)   Except as set forth in division (B) below, a permit granted pursuant to this chapter is valid until December 31 of the year in which it is granted. During the month of December of each year, each licensee shall apply for a permit renewal, using the permit renewal application as designated by the Zoning Administrator. A renewal permit, when granted, shall be valid until December 31 of the following year. The annual permit renewal fee shall be $75.
   (B)   Upon any change in ownership of greater than 5% of a corporate or LLC licensee, the licensee shall apply for a permit renewal, using an application designated by the Zoning Administrator. The renewal permit shall be valid until December 31 of the year in which it was issued.
   (C)   The Chief of Police shall run a criminal background check on all persons disclosed by a renewal application under either divisions (A) or (B) above to have a 5% or greater ownership interest in the applicant, in order to verify that no such persons have been convicted of the crimes of prostitution, obscenity or other crimes of a sexual nature. The Chief of Police shall report his or her findings to the Village President. Renewal permits shall be granted by the Village President unless the Village President finds that the applicant is in violation of this chapter or any other provision of the village’s code of ordinances, or of the conditions of the original permit. Any denial of a renewal permit application is subject to administrative review.
(Prior Code, § 153.010) (Ord. 2001-014, passed 8-6-2001)
§ 110.11 OFFENSES.
   (A)   No natural person, and no legal person such as a corporation, limited liability company or other business entity shall own, manage or operate an adult use within the corporate limits of the village without a permit from the village obtained in accordance with this chapter.
   (B)   No natural person and no legal person such as a corporation, limited liability company or other business entity shall provide false information on an application for an adult use permit.
   (C)   No natural person and no legal person such as a corporation, limited liability company or other business entity shall own, manage or operate an adult use within the corporate limits of the village, except in conformance with this chapter.
(Prior Code, § 153.011) (Ord. 2001-014, passed 8-6-2001) Penalty, see § 110.99
§ 110.12 ENLARGEMENT OR CHANGE IN NATURE OF USE.
   An adult use permit is specific to a location and to a use. No adult use may be enlarged, nor the nature of the adult use changed, without the owner and manager thereof securing a new permit.
(Prior Code, § 153.013) (Ord. 2001-014, passed 8-6-2001)
§ 110.13 GUIDE TO INTERPRETATION.
   Nothing in this chapter shall be construed as permitting or endorsing any activity or use which violates state or federal law, including, but not limited to, laws pertaining to obscenity, prostitution and solicitation.
(Prior Code, § 153.014) (Ord. 2001-014, passed 8-6-2001)
§ 110.99 PENALTY.
   Natural and legal persons found guilty of violating this chapter shall, upon conviction thereof, be subject to a fine of not less than $250, or more than $750. Each day a violation occurs shall be deemed a separate offense. Where a corporation, limited liability company or other legal person owns or operates an adult use, all officers, directors, managers and employees who knowingly participated in management decisions shall be liable to the same extent as the legal person.
(Prior Code, § 153.012) (Ord. 2001-014, passed 8-6-2001)