CHAPTER 111
ADULT USES AND ACTIVITIES
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111.01 Definitions 111.02 Adult uses; enumeration; limitations; permitted location 111.03 Measurement of distances from certain areas required
111.15 License required; filing of application; filing fee 111.16 Contents of application |
111.17 Issuance of adult use license; expiration 111.18 Suspension or revocation of license 111.19 Automatic suspension 111.20 Display of license 111.21 Exterior display of materials prohibited 111.22 Employment of persons under age of 18 prohibited 111.23 Illegal activities on premises
111.99 Penalty |
§ 111.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOK STORES. An establishment having twenty percent (20%) or more of its stock in trade in books, magazines, films for rent, sale, or viewing on the premises by use of motion picture devices, or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment devoted to the sale or display of such material.
ADULT ENTERTAINMENT CABARET. A public or private establishment which is licensed to serve food or alcoholic beverages, which features topless dancers or waitresses, strippers, male or female impersonators, or similar entertainers.
ADULT MINI-MOTION PICTURE THEATER. An enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTION PICTURE THEATER. An enclosed building with a capacity of fifty (50) or more persons used regularly and routinely for presenting motion pictures having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
BODY SHOP or MODEL STUDIO. Any public or private establishment which describes itself as a body shop or model studio, or where for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, or where for any form of consideration or gratuity, nude and semi-nude dancing, readings, counseling sessions, body painting, and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas are provided for observation by or communication to person paying such consideration or gratuity.
BUILDING STRUCTURE. Any structure or group of structures housing two or more businesses which share a common entry, exit, wall, including, but not limited to, shopping centers, shopping malls, shopping plazas, or shopping areas.
PERSON. Any individual natural person, trustee, court appointed representative, syndicate, association, partnership, firm, club, company, corporation, business trust, institution, operator, user, or owner, or any officers, agents, employees, factors, or any kind of representatives of any thereof, in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant law, or other entity recognized by law has the subject of rights and duties. A masculine, feminine, singular, or plural is included in any circumstances.
SPECIFIED ANATOMICAL AREAS. Any of the following conditions:
Less than completely and opaquely covered:
Human genitals, pubic region, or pubic hair;
Buttock; and
Female breast below a point immediately above the top of the areola; and
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following conditions:
Human genitals in a state of sexual stimulation or arousal.
Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation, or flagellation.
Fondling or erotic touching of human genitals, pubic region, buttock, or female breast.
Excretory functions as part of or in connection with any activities set forth in divisions (1) through (3) above.
(Am. Ord. 1430, passed 8-20-84; Am. Ord. 1501, passed 10-7-86)
§ 111.02 ADULT USES; ENUMERATION; LIMITATIONS; PERMITTED LOCATION.
The following shall be considered adult uses for the purpose of this chapter:
Adult book stores;
Adult motion picture theater;
Adult mini-motion picture theater;
Adult entertainment cabaret; or
Body shop or model studio.
Adult uses shall be permitted in those areas zoned as industrial in the city, and shall be subject to the following restrictions:
An adult use shall not be allowed within five hundred (500) feet of another existing adult use or massage establishment as defined in § 115.01.
An adult use shall not be located within five hundred (500) feet of any zoning district which is zoned in any of the following residential classifications: R-1, R-2, and CE-1.
An adult use shall not be located within five hundred (500) feet of a pre-existing school, place of worship, park, library, or playground.
An adult use shall not be located in a building structure which contains another business that sells or dispenses in some manner alcoholic beverages.
Any adult use doing business at the time this chapter takes effect shall have one (1) year from the effective date of this chapter to comply with the provisions of division (B) (1) through (4) of this section.
Any adult use doing business at the time this chapter takes effect shall have thirty (30) days from the effective date of this chapter to apply for the issuance of an adult use license.
An adult use business shall not be open to the public between the hours of 12:00 midnight and 8:00 a.m. of each day.
An adult use shall not sell or offer for sale at retail any alcoholic liquor, and shall not allow, permit, or suffer any alcoholic liquor to be consumed on the premises of such adult use, whether or not such alcoholic liquor was sold, offered for sale, or brought upon the premises of such adult use by any patron, customer, or member of the public.
(Ord. 1964, passed 11-20-95) Penalty, see § 111.99
§ 111.03 MEASUREMENT OF DISTANCES FROM CERTAIN AREAS REQUIRED.
For the purposes of this chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the adult use to the nearest property line of another adult use, school, place of worship, park, library, playground, or district zoned for residential use.
§ 111.15 LICENSE REQUIRED; FILING OF APPLICATION; FILING FEE.
It shall be unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises in the city, the operation of an adult use as defined in § 111.01, without first having obtained a separate license for such adult use from the Mayor.
Every applicant for a license to maintain, operate, or conduct an adult use shall file an application in duplicate under oath with the Mayor upon a form provided by the City Clerk and pay a nonrefundable filing fee of twenty five dollars ($25.00) to the city's Office Manager, who shall issue a receipt which shall be attached to the application filed with the Mayor.
Within ten (10) days after receiving the application, the Mayor shall notify the applicant that his application is granted, denied, or held for further investigation. Such additional investigation, shall not exceed an additional thirty (30) days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the Mayor shall advise the applicant in writing whether the application is granted or denied.
Whenever an application is denied or held for further investigation, the Mayor shall advise the applicant in writing of the reasons for such action.
Failure or refusal of the applicant to give any information relevant to the investigation to the application or his refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his refusal to submit to or cooperate with any inspection or investigation required by this chapter shall constitute an admission by the applicant that he is ineligible for such permit and shall be grounds for denial thereof by the Mayor.
Penalty, see § 111.99
§ 111.16 CONTENTS OF APPLICATION.
An applicant for a license shall furnish the following information under oath:
Name and address.
Written proof that the individual is at least eighteen (18) years of age.
The exact nature of the adult use to be conducted and the proposed place of business and facilities thereto.
§ 111.17 ISSUANCE OF ADULT USE LICENSE; EXPIRATION.
The Mayor shall issue a license to maintain, operate, or conduct an adult use unless he finds:
That the applicant is under age of eighteen (18) years or under any legal disability.
That the applicant, at the time of application for renewal of any license issued under this chapter, would not be eligible for such license upon a first application.
That the adult use would violate the provisions of § 111.02(B) of this chapter.
Every adult use license issued pursuant to this chapter will terminate at the expiration of one (1) year from the date of its issuance, unless sooner revoked.
§ 111.18 SUSPENSION OR REVOCATION OF LICENSE.
Any license issued for an adult use may be revoked or suspended by the Mayor, if the Mayor shall find:
That the licensee has violated any of the provisions of this chapter regulating adult uses.
That the licensee has knowingly furnished false or misleading information or withheld relevant information on any application for any license or permit required by this chapter or knowingly caused or suffered another to furnish or withhold such information on his behalf.
The Mayor before revoking or suspending any license shall give the licensee at least ten (10) days' written notice of the grounds therefor and the opportunity for a public hearing before the Mayor, at which time the licensee may present evidence bearing upon the issues. In such cases, the grounds shall be specific and in writing.
§ 111.19 AUTOMATIC SUSPENSION.
In the event a person under age of eighteen (18) years is on the premises of an establishment operating as an adult use under this chapter, and views any specified sexual activities or specified anatomical areas as defined in § 111.01 of this chapter, then the license issued pursuant to this chapter shall be suspended for a period of three (3) months.
In the event a licensee is convicted of violating any of the provisions of Ill. Rev. Stat. Ch. 38, § 11-20, as now in force or as may be amended from time to time, or any of the provisions of § 133.05 as now in force or as may be amended from time to time, then shall be suspended for a period of three months.
The Mayor, before suspending any license, shall give at least ten (10) days' written notice of the charge. The licensee may within five (5) days of receipt of said notice request a public hearing before the Mayor at which time the licensee may present evidence bearing upon the issues. The notice required hereunder may be delivered personally to the licensee or be posted on the premises of the establishment being used as an adult use.
§ 111.20 DISPLAY OF LICENSE.
Every licensee shall display a valid license in a conspicuous place within the adult use business so that the same may be readily seen by persons entering the premises.
Penalty, see § 111.99
§ 111.21 EXTERIOR DISPLAY OF MATERIALS PROHIBITED.
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 by display, decoration, sign, or show window, not licensed as an adult use.
§ 111.22 EMPLOYMENT OF PERSONS UNDER AGE OF 18 PROHIBITED.
It shall be unlawful for any adult use licensee or his manager or employee to employ in any capacity within the adult business any person who is not at least eighteen (18) years of age.
Penalty, see § 111.99
§ 111.23 ILLEGAL ACTIVITIES ON PREMISES.
No licensee or any officer, associate, member, representative, agent, or employee of such licensee shall engage in any activity or conduct in or about the licensed premises which is prohibited by any ordinance of the city, law of the state, or law of the United States.
Penalty, see § 111.99
§ 111.99 PENALTY.
Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor. A person who is convicted shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment for a period not to exceed six (6) months or by both such fine and imprisonment.