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Sexually oriented businesses are classified as follows:
(A) Adult arcades;
(B) Adult bookstores, adult novelty stores or adult video stores;
(C) Adult cabarets;
(D) Adult motels;
(E) Adult motion picture theaters or adult live stage performing theaters;
(F) Escort agencies;
(G) Massage parlor;
(H) Nude model studios; and
(I) Sexual encounter centers.
(Ord. 185, passed 11-11-2009)
LICENSING PROVISIONS
(A) It is unlawful:
(1) For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the village pursuant to this chapter;
(2) For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the village pursuant to this chapter; and
(3) For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.
(B) An application for a license must be made on a form provided by the village.
(C) All applicants must be qualified according to the provisions of this chapter. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in division (E) below, accompanied by the appropriate licensing fee.
(D) If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 30% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.
(E) The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:
(1) If the applicant is:
(a) An individual, the individual shall state his or her legal name and any aliases and submit proof that he or she is 18 years of age;
(b) A partnership, the partnership shall state its complete name and the names of all general partners and whether the partnership is general or limited; and
(c) A corporation, the corporation shall state its complete name, the date of its incorporation, the names and capacity of all officers, directors and stockholders with at least 30% ownership interest in the corporation, and the name of the registered corporate agent and the address of the registered office for service of process;
(2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state the sexually oriented business’s fictitious name;
(3) Whether the applicant has been convicted of a specific criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, the date, place and jurisdiction of each;
(4) Whether the applicant has had a previous license under this chapter or other similar sexually oriented business ordinances from another municipality or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation;
(5) Whether the applicant holds any other licenses under this chapter or other similar sexually oriented business ordinance from another municipality or county and, if so, the names and locations of such other licensed businesses;
(6) The category of sexually oriented business that the applicant intends to engage in at the licensed premises;
(7) The location of the proposed sexually oriented business, including a legal description of the property, street address and telephone number(s), if any;
(8) The applicant’s business address or other mailing address;
(9) A recent photograph of the applicant(s);
(10) The applicant’s driver’s license number and/or his or her state or federally issued tax identification number;
(11) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches;
(12) A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines and the structures of any land use identified in § 110.35 of this chapter that is within 200 feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is legally in existence at the time an application is submitted; and
(13) If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, videos cassettes, other video reproductions or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall also comply with the application requirements set forth in § 110.37.
(F) Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the village the following information:
(1) The applicant’s name or any other name (including “stage” names) or aliases used by the individual;
(2) Written proof of age, in the form of a driver’s license or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency;
(3) Height, weight, hair and eye color;
(4) Present business telephone number, if any;
(5) Present business address or other mailing address;
(6) Date, issuing state and number of driver’s permit or other identification card information;
(7) A color photograph of the applicant clearly showing the applicant’s face, and the applicant’s fingerprints on a form provided by the Police Department. The Police Department shall provide fingerprinting service upon request for a nominal fee during business hours;
(8) A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other municipality, county or state has ever had a license, permit or authorization to do business denied, revoked or suspended, or had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the name, the name of the issuing or denying jurisdiction and describe in full the reason for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application; and
(9) A statement whether the applicant has been convicted of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.
(Ord. 185, passed 11-11-2009) Penalty, see § 110.99
(A) Upon the filing of a completed application for a sexually oriented business employee license, the village shall immediately issue a temporary license to the applicant if the applicant seeks to work in a licensed sexually oriented business and the completed application, on its face, indicates that the applicant is entitled to an annual sexually oriented business employee license. The application shall then be immediately referred to the appropriate village departments for an investigation to be made on such information as is contained in the application. The application process shall be completed within 30 days from the date the completed application is filed, and the village shall issue a license, unless:
(1) The applicant has failed to provide information required under the terms of this chapter for issuance of the license or has falsely answered a question or request for information on the application form;
(2) The applicant is under the age of 18 years;
(3) The applicant has been convicted of a “specified criminal activity” as defined in this chapter;
(4) The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation or prohibited by a particular provision of this chapter; or
(5) The applicant has had a sexually oriented business employee license revoked by the village within two years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension or revocation of a license issued pursuant to this section shall be subject to appeal as set forth in § 110.22.
(B) A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the village that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 110.17.
(C) Within 30 days after receipt of a completed sexually oriented business license application, the village shall approve or deny the issuance of a license to an applicant. The village shall approve the issuance of a license to an applicant unless:
(1) An applicant is under 18 years of age;
(2) An applicant is overdue in payment to the village of taxes, fees, fines or penalties assessed against or imposed upon him or her in relation to any sexually oriented business;
(3) An applicant has failed to provide information required under the terms of this chapter for issuance of the license or has falsely answered a question or request for information on the application form;
(4) An applicant has been denied a license by the village to operate a sexually oriented business within the preceding 12 months or whose license to operate a sexually oriented business has been revoked within the preceding 12 months;
(5) An applicant has been convicted of a specified criminal activity defined in this chapter;
(6) The premises to be used for the sexually oriented business have been disapproved by the Health Department, Fire Department or the Building Official as being out of compliance with applicable health, fire or building laws and ordinances;
(7) The license fee required by this chapter has not been paid; or
(8) The sexually oriented business, as defined herein, is not in compliance with the interior configuration requirements of this chapter or is not in compliance with locational requirements of this chapter or the locational requirements of any other part of the village’s ordinances.
(D) The license, if granted, shall state on its face the kind of license, the name of the person or persons to whom it is granted and the expiration date. Sexually oriented business licenses shall further state the address of the sexually oriented business and the classification for which the license is issued pursuant to § 110.03. Sexually oriented business licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. Sexually oriented business employee licenses shall be kept on the licensee’s person or on the premises of the sexually oriented business where the licensee is working.
(E) The Health Department, Fire Department and the Building Official shall complete their certification that the premises is in compliance or not in compliance within 25 days of receipt of the application by the village.
(Ord. 185, passed 11-11-2009)
The initial license and annual renewal fees for sexually oriented business licenses and sexually oriented business employee licenses shall be as follows: $250 for the initial fee for a sexually oriented business license and fifty dollars ($125) for annual renewal; $150 for the initial sexually oriented business employee license and $75 for annual renewal.
(Ord. 185, passed 11-11-2009)
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