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§ 110.21  REVOCATION OF LICENSE.
   (A)   The village shall revoke a license if a cause of suspension in § 110.20 occurs and the license has been previously suspended within the preceding 12 months.
   (B)   The village shall revoke a license if it determines that:
      (1)   A licensee gave false information in the material submitted during the application process;
      (2)   A licensee has knowingly allowed possession, use or sale of controlled substances on the premises;
      (3)   A licensee has knowingly allowed prostitution on the premises;
      (4)   A licensee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended;
      (5)   Except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the licensed premises; or
      (6)   A licensee is delinquent in payment to the village, township, county or state for any taxes or fees in relation to a sexually oriented business.
   (C)   When the village revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the village finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.
   (D)   After denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.
(Ord. 185, passed 11-11-2009)
§ 110.22  HEARINGS REGARDING LICENSE DENIAL, SUSPENSION, REVOCATION, APPEAL OR TRANSFER OF LICENSE.
   (A)   When the village issues a written notice of intent to deny, suspend or revoke a license, the village shall immediately send such notice, which shall include the specific grounds under this chapter for such action, to the applicant or licensee (respondent) by personal delivery or certified mail. The notice shall be directed to the most current business address or other mailing address on file with the village for the respondent. The notice shall also set forth the following: The respondent shall have ten days after the delivery of the written notice to submit, at the office of the village, a written request for a hearing. If the respondent does not request a hearing within the ten days, the village’s written notice shall become a final denial, suspension or revocation, as the case may be, on the thirtieth day after it is issued, and shall be subject to the provisions of division (B) below.
      (1)   If the respondent does make a written request for a hearing within said ten days, then the village shall, within ten days after the submission of the request, send a notice to the respondent indicating the date, time and place of the hearing. The hearing shall be conducted not less than ten days nor more than 20 days after the date that the hearing notice is issued. The village shall provide for the hearing to be transcribed.
      (2)   At the hearing, the respondent shall have the opportunity to present all of respondent’s arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the village’s witnesses. The village shall also be represented by counsel, and shall bear the burden of proving the grounds for denying, suspending or revoking the license. The hearing shall take no longer than two days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The Hearing Officer shall issue a final written decision, including specific reasons for the decision pursuant to this chapter, to the respondent within five days after the hearing.
      (3)   If the decision is to deny, suspend or revoke the license, the decision shall advise the respondent of the right to appeal such decision to a court of competent jurisdiction, and the decision shall not become effective until the thirtieth day after it is rendered. If the Hearing Officer’s decision finds that no grounds exist for denial, suspension or revocation of the license, the Hearing Officer shall, contemporaneously with the issuance of the decision, order the village to immediately withdraw the intent to deny, suspend or revoke the license and to notify the respondent in writing by certified mail of such action. If the respondent is not yet licensed, the village shall contemporaneously therewith issue the license to the applicant.
   (B)   If any court action challenging a licensing decision is initiated, the village shall consent to expedited briefing and/or disposition of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt judicial review of the decision. The following shall apply to any sexually oriented business that is, in all respects, lawfully operating as a sexually oriented business, or any sexually oriented business employee that is, in all respects, lawfully employed as a sexually oriented business employee, on the date on which the completed business or employee application, as applicable, is filed with the Village Clerk: Upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin the village’s enforcement of the denial, suspension or revocation, the village shall immediately issue the applicant or licensee (respondent) a provisional license. The provisional license shall allow the respondent to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court’s entry of a judgment on the respondent’s appeal or other action to restrain or otherwise enjoin the village’s enforcement.
   (C)   A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
(Ord. 185, passed 11-11-2009)
BUSINESS OPERATION REGULATIONS
§ 110.35  LOCATION OF SEXUALLY ORIENTED BUSINESSES.
   (A)   A sexually oriented business may only be located on a property located within the C-1 Commercial District pursuant to the village zoning ordinance, Ordinance Number 152, as amended, adopted March 12, 2003. It shall be unlawful for any person to operate or cause to be operated a sexually oriented business within 200 feet of:
      (1)   A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
      (2)   A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities; SCHOOL includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
      (3)   A public library or other public building;
      (4)   A boundary of a residential district as defined in the village zoning ordinance and zoning map;
      (5)   A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas or other similar public land within the village which is under the control, operation, or management of the village park and recreation authorities;
      (6)   The property line of a lot devoted to a residential use as defined in the village zoning ordinance;
      (7)   An entertainment business which is oriented primarily towards children or family entertainment;
      (8)   A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the state; or
      (9)   A licensed premises, licensed pursuant to this chapter as a sexually oriented business.
   (B)   For the purpose of division (A) above, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used to conduct a sexually oriented business, to the nearest property line of the premises of a use listed in division (A) above. The presence of a use listed in division (A) above that is located outside the geographic boundaries of the village shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(Ord. 185, passed 11-11-2009)
§ 110.36  ADDITIONAL REGULATIONS FOR ADULT MOTELS.
   (A)   Evidence that a sleeping room in a hotel, motel or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttal presumption that the establishment is an adult motel as that term is defined in this chapter.
   (B)   A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented license, he or she rents or sub-rents a sleeping room to a person and, within ten hours from the time the room is rented, he or she rents or sub-rents the same sleeping room again.
   (C)   For purposes of division (B) above, the terms RENT or SUB-RENT mean the act of permitting a room to be occupied for any form of consideration.
(Ord. 185, passed 11-11-2009)  Penalty, see § 110.99
§ 110.37  ADDITIONAL REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS, VIDEOS OR LIVE ENTERTAINMENT IN VIEWING ROOMS.
   (A)   A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
      (1)   Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The village may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared;
      (2)   The application shall be sworn to be true and correct by the applicant;
      (3)   No alteration in the configuration or location of a manager’s station may be made without the prior approval of the village;
      (4)   It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises;
      (5)   The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this division (A)(5) must be by direct line of sight from the manager’s station;
      (6)   It shall be the duty of the licensee to ensure that the view area specified in division (A)(5) above remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to division (A)(1) above;
      (7)   No viewing room of less than 150 square feet of floor space may be occupied by more than one person at any time;
      (8)   The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot-candles as measured at the floor level;
      (9)   It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises;
      (10)   No licensee shall allow openings of any kind to exist between viewing rooms or booths;
      (11)   No person shall make or attempt to make an opening of any kind between viewing booths or rooms;
      (12)   The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist;
      (13)   The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting; and
      (14)   The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.
   (B)   A person having a duty under divisions (A)(1) through (A)(14) above commits a misdemeanor if he or she knowingly fails to fulfill that duty.
(Ord. 185, passed 11-11-2009)  Penalty, see § 110.99
§ 110.38  ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.
   (A)   An escort agency shall not employ any person under the age of 18 years.
   (B)   A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of 18 years.
(Ord. 185, passed 11-11-2009)  Penalty, see § 110.99
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