A. Permit Required: It shall be unlawful to use any land, building or structure to conduct, manage, stage, operate or exhibit any live show, theatrical performance or other form of live entertainment other than entertainment provided at an adult entertainment cabaret or adult entertainment theater open to the public or a segment of the public, and: 1) for admittance to which a fee is charged, directly or indirectly, or 2) which is conducted, managed, staged, operated or exhibited as part of, incidental to or within the same building or structure as a business establishment without having first secured an entertainment permit therefor; provided, that the provisions of this section shall not apply to those forms of live entertainment which are specifically licensed by another section of the zoning ordinance (title 11 of this code) or another ordinance of the village. Live entertainment other than that which is: 1) regulated under this section, 2) distinguished or characterized by its emphasis on matter depicting, describing or related to "specified sexual activities" or "specified anatomical areas" regulated in sections of the zoning ordinance (title 11 of this code), or 3) specifically regulated by another section of the zoning ordinance (title 11 of this code) or another ordinance of the village shall be permitted without having first secured an entertainment permit.
B. Approval Procedure: An applicant for an entertainment permit shall comply with the requirements of this section in order to be granted an entertainment permit.
C. Fees:
1. All applications shall be accompanied by a filing fee of one hundred twenty five dollars ($125.00).
2. No application shall be processed until the applicant has first exhibited a receipt of the village clerk showing payment of the filing fee.
D. Contents Of Application: An application for an entertainment permit for any property shall be filed with the community development director and shall contain the following information:
1. The name, address, and phone number of the applicant;
2. A complete disclosure of interests as provided under requirements for all applications in the administration section herein;
3. A description of the existing use of the property and of the proposed entertainment;
4. A description of the general category of the proposed type of live entertainment. Examples: concert, theatrical performance, stage show;
5. A statement certifying that the entertainment is not a type distinguished or characterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as those terms are defined in the zoning ordinance (section 11-2-2 of this code). No applicant shall be required to disclose the content of the proposed live entertainment other than to disclose whether the proposed live entertainment is subject to regulation as an adult regulated use or another use specifically regulated by ordinance of the village;
6. An estimate of the maximum number of persons expected to observe the live entertainment;
7. A site plan showing the location of all structures, parking and loading areas, open spaces, landscaping, yards, refuse and service areas, utilities, signs and traffic accesses and circulation ways;
8. A narrative statement evaluating:
a. The environmental and economic effects that noise, glare, odor, vibration, traffic generation, or other characteristics of the proposed use will have on nearby properties;
b. The general compatibility of the proposed use with nearby properties;
c. The compatibility of the proposed use with the village comprehensive development plan; (Ord. 1997-34, 8-21-1997)
d. Any other information the planning and zoning board reasonably may require to determine if the proposed use meets the requirements herein. (Ord. 1997-34, 8-21-1997; amd. Ord. 2015-9, 5-7-2015)
E. Staff Review: The community development director may, together with other departments and officials of the village, prepare a written review of the application, provided such review is completed and forwarded to the village board within ten (10) days of receipt of the application.
F. Village Board Action:
1. The village board shall not act upon any entertainment permit application until either it has received a staff report thereupon or ten (10) days have elapsed from the filing of the application. The village board shall act upon an entertainment permit application at its next regularly scheduled meeting in which a quorum is present held not sooner than forty eight (48) hours after the receipt of the staff report or the expiration of the ten (10) day period for review of the application by the village staff. The village board shall not approve a permit application unless it finds that the proposed use meets applicable entertainment permit criteria herein.
2. The board must base its approval of an entertainment permit only upon criteria set forth herein for entertainment permits.
3. The approval or denial of an entertainment permit by the village board shall be considered final action subject to judicial review.
G. Issuance Of Permit: The community development director shall issue an entertainment permit without delay after approval thereof by the village board.
H. Revocation Of Permit: An entertainment permit may be revoked by the village board:
1. If the applicant or any person making a representation on behalf of the applicant makes a misrepresentation of any fact in the application or in any testimony before any board or commission of the village;
2. If any criteria on which the permit is approved is not complied with;
3. If after the criteria is initially complied with, compliance with such criteria is not maintained at any time;
4. If the entertainment use is not established, or a required building permit is not obtained and building started, within one year of the date the permit is issued;
5. If the entertainment use shall cease for more than thirty (30) days;
6. If prior to the issuance of any required building permit, the entertainment use permittee transfers his interest in the property to another party.
However, no entertainment permit shall be revoked except after a public hearing by the village board after a three (3) day written notice to the permittee affording the permittee an opportunity to appear and respond to the basis for the revocation contained in the notice. The three (3) day notice provision shall commence on the day following delivery of the notice by certified mail, personal service or facsimile transmission.
I. Expansion Or Alteration: Any expansion, enlargement or structural alteration of a structure housing an entertainment use shall require an additional entertainment permit.
J. Entertainment Permit Criteria: In evaluating the suitability of a proposed entertainment permit, the village board shall examine the following characteristics of the proposed use and its individual structures or components and shall issue the entertainment permit, provided the proposed use meets the following criteria:
1. The land, building or structure on or in which the live entertainment is to be performed is located within the C-2, C-3, I-1 or I-2 zoning districts;
2. No loudspeakers or sound equipment shall be used for the amplification of sound to a level discernible by the public beyond the walls of the building in which the permitted entertainment is conducted;
3. No residential structure or any other nonconforming structure shall be converted for use for live entertainment after enactment of the provisions of this section;
4. The maximum audience expected exceeds twenty five (25) people, an on site security program, including required interior and exterior lighting plans, shall be prepared and implemented. The security program shall include the following:
a. The presence of an on site manager during all business hours;
b. All off street parking areas and building entries serving the entertainment use shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of greater than one foot- candle of light on the parking surface and/or walkway. In the event the entertainment use shares its parking with other businesses, this requirement shall only apply within a radius of one hundred feet (100') from any entrance into the entertainment use;
c. All interior portions of the entertainment use shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of not less than two (2) foot-candles of light at the floor;
5. All exterior areas of entertainment use businesses, including building, landscaping and parking areas, shall be maintained in a clean and orderly manner. Buildings and structures shall not be painted or surfaced with colors or textures or any design that would simulate a sign or advertising message.
The village board shall deny the application for an entertainment use permit for any of the following reasons:
a. The application does not meet the standards set forth in this section;
b. An applicant or an applicant's spouse is overdue on his/her payment to the village of taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to an entertainment use;
c. An applicant has failed to provide information required on the application for the issuance of the entertainment use permit or has falsely answered a question or request for information on the application form;
d. The premises to be used for the permitted entertainment has not been approved as being in compliance with health, fire and building codes by the department or agency responsible under law for investigating said compliance;
e. The required application or permit fees have not been paid;
f. The proposed location is in violation of, or is not in compliance with, any of the provisions of this section.
K. Expiration: Any entertainment permit shall, by its own terms, expire one year after its issuance. (Ord. 1997-34, 8-21-1997)
L. Renewal:
1. An unrevoked entertainment permit issued pursuant to this section may be renewed upon written application to the planning and zoning board made at least thirty (30) calendar days before the expiration date of a current, valid entertainment permit and payment of the then current nonrefundable application fee. An entertainment permit shall remain valid pending the planning and zoning board's consideration and the village board's decision if the permittee has timely filed the application for renewal with proper fee payment. For good cause, the planning and zoning board may extend the time for filing a renewal application for up to ninety (90) days and may extend the prior entertainment permit pending decision on the renewal application. (Ord. 1997-34, 8-21-1997; amd. Ord. 2015-9, 5-7-2015)
2. The application for renewal shall supply current information with respect to each category of information required in the initial application. Within thirty (30) days from the date the renewal application for an entertainment permit is date stamped and received at the community development department, the community development director shall determine if it is complete, and if incomplete, shall notify the applicant in writing of its specific deficiencies. If a written determination is not provided to the applicant within thirty (30) days after it is submitted to the community development department, the application shall be deemed complete. (Ord. 1997-34, 8-21-1997)
3. The planning and zoning board shall make its decision on an application for the renewal of an entertainment permit within three (3) months from the date the application is deemed to be complete. The planning and zoning board may recommend to extend the entertainment permit without change to the original conditions of approval, with amended or deleted conditions, or deny the extension.
4. All department or agency inspections, including, but not limited to, health, fire, and building inspections, which are required for the planning and zoning board to consider the renewal of an entertainment permit, shall be completed within the time limits for planning and zoning board action provided in this section.
5. The village board shall not act upon any entertainment permit application until either it has received a report thereupon from the planning and zoning board or ninety (90) days have elapsed from the date the application is deemed complete. The village board shall act upon an entertainment permit application at its next regularly scheduled meeting in which a quorum is present held not less than fourteen (14) days after: a) receipt of the planning and zoning board's report, or b) the expiration of the ninety (90) day period from the date the application is deemed complete. The village board shall not approve the permit renewal application unless it finds that the proposed use meets applicable entertainment permit criteria herein. The board must base its approval of a renewal of an entertainment permit only upon criteria set forth herein for entertainment permits. The approval or denial of a renewal of an entertainment permit by the village board shall be considered a final action subject to judicial review. (Ord. 1997-34, 8-21-1997; amd. Ord. 2015-9, 5-7-2015)