(A) A person who operates or causes to be operated a sexually oriented business, other than a sexually oriented mote1/hotel and regardless of whether or not a permit has been issued to said business under this chapter, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette 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 permit, 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, the location of all overhead lighting fixtures, the location of booths, 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 with no dimension greater than eight feet. The diagram shall also designate the place at which this 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 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 ICC or its designee 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 or booths may be made without the prior approval of the village or its designee.
(4) It is the duty of the owners and operator of the premises to insure that at least one employee is on duty and situated at 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 subsection must be by direct line of sight from the manager's station.
(6) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises to insure that the view area specified in subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials or persons at all times and to insure 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 this section.
(7) It shall be the duty of the owners, operator, and of any agents and employees present on the premises, to ensure that no viewing room may be occupied by more than one person at any one time.
(8) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than 2.0 foot candle as measured at the floor level.
(9) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present on the premises to insure that the illumination described above is maintained at all times that any patron is present on the premises.
(10) It shall be the duty of the owners, operator, and of any agents and employees present on the premises, to ensure that no act of sexual intercourse, oral sexual contact, or any other sexual contact, including masturbation, as defined in ILCS Ch. 720, Act 5, § 1-1 et seq., occurs in or on the licensed premises.
(11) At no time may any door be attached to the viewing rooms or booths as specified in this section, and it shall be the duty of owners and the operator, and of any employees and agents present on the premises, to ensure that no doors are placed on the rooms as specified in this section.
(12) It shall be the duty of the owners and operator, and of any agents and employees present on the premises, to ensure that no openings of any kind exist between viewing rooms or booths. It shall also be a duty of the owners and operator, and of any agents and employees present on the premises, to ensure that no openings or holes of any kind, commonly referred to as "glory holes", be made or attempted to be made by any person between viewing rooms, booths, restrooms, or any other room on the premises.
(B) A person having a duty under this section commits a misdemeanor if he/she knowingly fails to fulfill that duty.
(Ord. 98-0-011, passed 3-3-98)