(a)

Purpose. The purpose of this section is to provide specific regulations for adult uses, in order to accommodate constitutionally-protected non-obscene sexual expression, while protecting the public health, safety, and general welfare of the village. The village's corporate authorities find that:

(1)

Adult uses require special supervision from the village's law enforcement and public safety agencies to protect and preserve the public health, safety, morals, and welfare of the patrons and employees of businesses as well as the village's citizens;

(2)

Adult uses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature;

(3)

sexually transmitted diseases are a legitimate health concern for the Village that demands reasonable regulation of adult uses by the village in accordance with this chapter;

(4)

This chapter's regulations are a legitimate and reasonable means of accountability to ensure that operators of adult uses comply with reasonable regulations and to ensure that operators do not allow their establishments to be used as places of illegal sexual activity or solicitation;

(5)

There is convincing documented evidence that adult uses, because of their outward appearance and very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, cause increased crime, particularly during the overnight hours, and reduce property values;

(6)

The corporate authorities desire to minimize and control these adverse effects by regulating adult uses in accordance with this chapter;

(7)

By minimizing and controlling these adverse effects, the corporate authorities seek to protect the health, safety, and welfare of the citizenry; protect citizens from increased crime; preserve quality of life; preserve property values and the character of the village's neighborhoods; and deter the spread of urban blight;

(8)

The corporate authorities do not enact this chapter to suppress or authorize the suppression of any speech activities protected by the First Amendment; rather, this chapter establishes content-neutral regulations that address the secondary effects of adult uses;

(9)

The corporate authorities do not enact this chapter to restrict, deny, or authorize the restriction or denial of access by adults to sexually oriented materials protected by the First Amendment, or to deny, or authorize denial of, access by the distributors and exhibitors of adult entertainment and adult materials to their intended market;

(10)

evidence concerning adult uses' adverse secondary effects on communities is readily available in many court decisions, including, but not limited to: Township of Littleton, Colorado v. Z.J. Gifts D-4, LLC, 541 U.S. 774 (2004); City of Los Angeles v. Almaeda Books, Inc., 535 U.S. 425 (2002); Township of Erie v. Pap's A.M., 529 U.S. 277 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Township of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); California v. LaRue, 409 U.S. 109 (1972); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); Andy's Restaurant & Lounge, Inc. v. City of Gary, 466 F.3d 550 (7th Cir. 2006); Joelner v. Village of Washington Park, 378 F.3d 613 (7th Cir. 2004); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Pleasureland Museum, Inc. v. Beutter, 288 F.3d 988 (7th Cir. 2002); Shultz v. City of Cumberland, 288 F.3d 831 (7th Cir. 2000); Genusa v. City of Peoria, 619 F.2d 1203 (7th Cir. 1980); Excalibur Group, Inc. v. City of Minneapolis, 116 F.3d 1216 (8th Cir. 1997); and XLP Corporation v. County of Lake, 359 Ill. App. 3d 239 (2d Dist. 2005) (collectively, the "Cases");

(11)

Many cities and other units of government throughout the country have studied and found significant adverse secondary effects associated with adult uses, including, but not limited to: Phoenix, Arizona (1984); Minneapolis, Minnesota (1980); Indianapolis, Indiana (1984); Amarillo, Texas (1977); Whittier, California (1978); St. Croix County, Wisconsin (1993); Bellevue, Washington (1998); Beaumont, Texas (1982); and Des Moines, Iowa (1984) (collectively, the "Studies");

(12)

The United States Congress has heard testimony detailing the negative secondary effects associated with adult uses on numerous occasions, including 136 Cong. Rec. S. 8987; 135 Cong. Rec. S. 14519; 135 Cong. Rec. S. 5636; 134 Cong. Rec. E. 3750 (collectively, the "Testimony"); and

(13)

Based on secondary effects discussed and found to exist in the cases, studies, and testimony, as well as all evidence presented and matters discussed during all public hearings and meetings conducted by the village, and all other relevant information, including the corporate authorities' own knowledge and experience, the corporate authorities find that:

a.

Adult uses can contribute to increased crime in the area where such businesses are located and burden local law enforcement and public safety efforts. Crimes associated with adult uses include, but are not limited to:

1.

Prostitution and other sex related offenses;

2.

Drug use and dealing; and

3.

Money laundering.

b.

Adult uses can contribute to significant public health concerns, including the spread of HIV/AIDS and other sexually transmitted diseases.

c.

Adult uses and their outward appearance can significantly:

1.

Contribute to the deterioration of residential neighborhoods;

2.

Increase neighborhood blight;

3.

Impair the character and quality of residential housing in the surrounding area; and

4.

Reduce overall housing appeal for potential residents.

d.

The concentration of adult uses in any one area can greatly impact the area by causing blight, decreasing property values, reducing the village's tax base, making the area less attractive to non-adult uses (i.e., marketability), and increasing crime.

e.

Adult uses can produce higher levels of noise, traffic, and glare as compared to other businesses by virtue of adult uses' hours of operation.

f.

Serving or otherwise allowing the consumption of alcoholic liquor at adult uses can lead to increased criminal activity and exacerbate neighborhood deterioration.

g.

Requiring adult use owners and operators to obtain a special use permit from the village and comply with basic special use permit conditions will promote clear communication between the parties and enhance the Village's ability to address negative externalities related to adult uses.

h.

The findings set forth in section 36-13-1(a) above constitute substantial governmental concerns.

i.

Adult uses have operational characteristics that require reasonable governmental regulation to address those substantial governmental concerns.

j.

Passing this chapter will promote and protect the public health, safety and welfare.

(b)

Application. A special use permit is required to establish or operate an adult use in the village.

(1)

Form. The special use application for an adult use must be made on forms provided by the village and, in addition to the requirements of section 36-14-3, must include the following information:

a.

Proof of age indicating that the applicant is at least 21 years of age;

b.

A specific description of the proposed adult use, including all goods, services, and activities offered and/or associated with the adult use;

c.

An executed affidavit:

1.

Stating the adult use does and will comply with all federal, state, and local laws, codes, rules, and regulations, including, without limitation, those concerning health, safety, building, zoning, and inspections;

2.

Acknowledging that failure to comply with all federal, state, and local laws, codes, rules, and regulations may result in the village suspending or revoking the special use, or exercising any right or remedy provided to the village at law or in equity;

3.

Stating that all information provided on the application is truthful and accurate and acknowledging that the applicant and property owner must immediately update any application information provided to the village that later changes or becomes inaccurate;

4.

Stating that the property owner and applicant will cooperate fully with the zoning administrator's review of the special use permit application and supporting materials including, without limitation, responding to requests by the zoning administrator for information necessary to determine compliance with this Code, state law, and federal law; and

5.

Acknowledging that the adult use can only be approved after the village's approval of a special use permit and the applicant's compliance with all special use criteria;

d.

Floor plans, site plans, building elevations, and related documents detailing the proposed internal configuration of the structure containing the adult use, the configuration of the property on which the adult use is located, and the external appearance of the property on which the adult use is proposed to verify compliance with this Code; and

e.

Twenty-four-hour contact information for the on-site manager(s) of the adult use.

(2)

Non-individuals. Applications submitted by corporations, limited liability companies, trusts, partnerships, or other legal entities shall provide the information required this section, as well as written proof satisfactory to the village attorney that the entity is in good standing with the Illinois Secretary of State. Affidavits may be submitted by a legally authorized representative of the legal entity.

(3)

Expansions or changes to any special use shall be processed in accordance with the procedures for a new special use permit.

(c)

Standards.

(1)

In addition to the zoning code's special use standards, conditions, and procedures, the following standards also apply to a special use application for an adult use. No special use shall be approved for an adult use that:

a.

is located within 1,000 feet of any existing school, religious institution, or day care center;

b.

Is located within 500 feet of any existing public park, residentially- zoned property, or adult use;

c.

Is located in the I-57 overlay district;

d.

Has more than one outdoor sign;

e.

Has an outdoor sign exceeding ten feet in length or three feet in width;

f.

Displays the stock in trade of adult entertainment establishments to the public view from outside the establishment, including graphics, decorations, displays, pictorial depictions, photographs, silhouettes, flashing lights, or drawings of materials and services offered; or

g.

Paints the exterior of the premises any color other than a single achromatic color.

(2)

Measurement. For the purposes of this subsection, measurements shall be made in a straight line, without regard to intervening structures or objects, from the lot line of the lot containing the adult use to the lot line of the lot containing the nearest adult use, school, religious institution, day care center, public park, or residentially-zoned property.

(d)

Conditions. In addition to those special use permit conditions required under subsection 36-14-6(b)(6), each special use permit for an adult use shall be subject to the following conditions, in order to prevent or minimize substantial or undue adverse effects upon neighboring and adjacent properties and improvements, and substantial or undue or upon public facilities and services:

(1)

No permittee or any other person shall hold a liquor license for the property subject to the special use permit for an adult use, or sell, serve, and/or allow the consumption of alcoholic liquor on the property.

(2)

No adult use offering live performance of adult entertainment shall allow exposed or uncovered specified anatomical areas.

(3)

No adult use shall permit persons under the age of 19 on the property subject to the adult use, and all adult uses shall post a notice at the door that entry by persons under the age of 19 is prohibited.

(4)

All adult uses shall maintain a buffer measuring at least six feet wide between all patrons and any individual conducting live performance of adult entertainment.

(5)

No adult use shall allow or permit the occurrence of any specified sexual activities or permit the occurrence of any act constituting the offense of obscenity under the Illinois Criminal Code on property subject to the adult use.

(6)

No adult use shall allow, permit, or authorize physical contact between any adult use personnel and any patron.

(7)

Adult entertainment employees may not receive tips from patrons except as follows:

a.

An adult use that desires to provide for tips from its patrons for adult entertainment employees shall establish one or more boxes or other containers to receive tips.

b.

All tips for adult entertainment employees must be placed by the patron into the tip box.

c.

An adult use that provides tip boxes for adult entertainment employees must post one or more signs to be conspicuously visible to the patrons on the premises in letters at least one inch (1") high to read as follows: "All tips are to be placed in tip box and not handed directly to the entertainer. Any physical contact between the patron and the entertainer is strictly prohibited."

(8)

No adult use offering adult entertainment on the premises may open before 11:30 a.m. or close after 1:00 a.m., except that cleaning and maintenance activities necessary for the property's operation may occur before or after the hours specified in this subsection.

(9)

No adult use offering adult entertainment on the premises shall open or operate on Sunday, on any federal holiday, or on any state holiday.

(10)

No animals, excluding animals trained and used to assist a person with a disability, are permitted at any time on property subject to an adult use, and any animal assisting a person with a disability must remain with that person at all times.

(11)

No adult entertainment shall occur in any restroom located on a property subject to an adult use.

(12)

Patrons shall not enter any non-public portions of a property subject to an adult use, including, without limitation, any storage areas, dressing rooms, or other rooms provided for the primary benefit and use of adult use personnel.

(13)

No adult use shall utilize loudspeakers or other sound equipment that is audible outside of the structure in which the adult use is conducted.

(14)

Each adult use shall have at least one manager's station allowing direct, unobstructed, and uninterrupted view from the manager's station to every part of the premises accessible to patrons, excluding restrooms.

(15)

All adult uses shall comply with all provisions of this Code, their special use permit, and all federal, state, and local laws, rules, and regulations, as amended.

(16)

During the pendency of any application for, or during the term of, any special use permit for an adult use, the applicant or permittee shall promptly notify the zoning administrator in writing of any change in the information given by the applicant or permittee in the application for such special use permit, including, but not limited to, any change in the individuals identified in the application, or if any of the events constituting grounds for suspension or revocation occur.

(17)

Upon the village's request, permittee shall allow the village to inspect the adult use's books, records, and payroll information to allow the village to verify compliance with this Code, state law, and federal law, as amended.

(e)

Penalty.

(1)

Every act or omission constituting a violation of this Code by any adult use granted a special use permit, adult use personnel, or patron shall be deemed to be an act or omission by the permittee, and such permittee shall be punished in accordance with the provisions of this subsection.

(2)

Any person found guilty of violating any provision of this section shall be fined not more than $750.00 per violation, and each day a violation exists shall constitute a separate offense. Nothing in this section shall prohibit the village or any person or entity from pursuing any claims at law or in equity, including, without limitation, revoking a special use approval, against any person or entity that violates this section or any other village ordinance, rule, or regulation.

(3)

Any adult use established, operated, or maintained in violation of any of the provisions or requirements of this Code or of any special use permit for an adult use shall be, and the same is, declared to be unlawful and a public nuisance. The village may, in addition to or in lieu of any other remedies set forth in this subsection, commence an action to enjoin, remove, or abate such nuisance in the manner provided by law and may take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from establishing, operating, or maintaining an adult use contrary to the provisions of this Code.

(f)

Severability. If any part, subsection or clause of this section shall be deemed to be unconstitutional or otherwise invalid, the remaining section, subsection and clauses shall not be affected thereby.

(Ord. No. 19-2142, § 2, 4-15-19)