It is the purpose of this chapter to regulate sexually-oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the Village and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually-oriented businesses within the Village. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

(Ord. 00-040. Passed 11-21-00; Ord. 01-014. Passed 7-17-01.)

   Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including but not limited to Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and also on findings from the Report of the Attorney General's Working Group on the Regulation of Sexually-Oriented Businesses (June 6, 1989, State of Minnesota), the Council finds:

   (a)   Sexually-oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are currently uncontrolled by the operators of the establishments. Further, there is currently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.

   (b)   Certain employees of sexually-oriented businesses defined in this chapter as adult theaters and cabarets engage in a higher incidence of certain types of illicit sexual behavior than employees of other establishments.

   (c)   Sexual acts, including masturbation, and oral and anal sex, occur at sexually-oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows.

   (d)   Offering and providing such space encourages such activities, which creates unhealthy conditions.

   (e)   Persons frequent certain adult theaters, adult arcades, and other sexually- oriented businesses for the purpose of engaging in sex within the premises of such sexually-oriented businesses.

   (f)   At least 50 communicable diseases may be spread by activities occurring in sexually-oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections, and shigella infections.

   (g)   Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States: 600 in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985, and 253,448 through December 31, 1992.

   (h)   The number of cases of early (less than one year) syphilis in the United States reported annually has risen, with 33,613 cases reported in 1982 and 45,200 through November, 1990.

   (i)   The number of cases of gonorrhea in the United States reported annually remains at a high level, with over one-half million cases being reported in 1990.

   (j)   Sanitary conditions in some sexually-oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

   (k)   The findings noted above raise substantial governmental concerns.

   (l)   Sexually-oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.

   (m)   A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually-oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually-oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the Village. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually-oriented business, fully in possession and control of the premises and activities occurring therein.

   (n)   Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters.

   (o)   Requiring licensees of sexually-oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.

   (p)   The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually- oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually-transmitted diseases.

   (q)   It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct that this chapter is designed to prevent or who are likely to be witnesses to such activity.

   (r)   The fact that an applicant for an adult use license has been convicted of a sexually-related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter.

   (s)   The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to and prevents conduct that leads to the transmission of sexually-transmitted diseases.

   (t)   The general welfare, health, morals, and safety of the citizens of the Village will be promoted by the enactment of this chapter.

(Ord. 00-040. Passed 11-21-00; Ord. 01-014. Passed 7-17-01.)

   As used in this chapter:

   (a)   “Adult arcade” means any place to which the public is permitted or invited wherein coin-operated, slug-operated, or, for any form of consideration, electronically, electrically, or mechanically-controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

   (b)   “Adult bookstore,” “adult novelty store,” or “adult video store” means a commercial establishment that, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:

      (1)   Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representations that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

      (2)   Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an “adult bookstore,” “adult novelty store,” or “adult video store.” Such other business purposes will not serve to exempt such commercial establishment from being categorized as an “adult bookstore,” “adult novelty store,” or “adult video store” as long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

   (c)   “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment that regularly features:

      (1)   Persons who appear in a state of nudity or semi-nudity;

      (2)   Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

      (3)   Films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

   (d)   “Adult motel” means a hotel, motel, or similar commercial establishment that:

      (1)   Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions;

      (2)   Offers a sleeping room for rent for a period of time that is less than ten hours; or

      (3)   Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.

   (e)   “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

   (f)   “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nudity, or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.

   (g)   “Employee” means a person who performs any service on the premises of a sexually-oriented business on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise and whether or not said person is paid a salary, wage, or other compensation by the operator of said business. “Employee” does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

   (h)   “Escort” means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

   (i)   “Escort agency” means a person or business association who or which furnishes, offers to furnish, or advertises to furnish escorts as one of his, her or its primary business purposes for a fee, tip, or other consideration.

   (j)   “Establishment” means and includes any of the following:

      (1)   The opening or commencement of any sexually-oriented business as a new business;

      (2)   The conversion of an existing business, whether or not a sexually- oriented business, to any sexually-oriented business;

      (3)   The addition of any sexually-oriented business to any other existing sexually-oriented business; or

      (4)   The relocation of any sexually-oriented business.

   (k)   “Licensee” means a person in whose name a license to operate a sexually- oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually-oriented business.

   (l)   “Nude model studio” means any place where a person who appears semi- nude, in a state of nudity, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. “Nude model studio” shall not include a proprietary school licensed by the State of Ohio or a college, junior college, or university supported entirely or in part by public taxation; a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:

      (1)   That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing;

      (2)   Where in order to participate in a class a student must enroll at least three days in advance of the class; and

      (3)   Where no more than one nude or semi-nude model is on the premises at any one time.

   (m)   “Nudity” or a “state of nudity” means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

   (n)   “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.

   (o)   “Semi-nude” or in a “semi-nude condition” means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided that the areola is not exposed in whole or in part.

   (p)   “Sexual encounter center” means a business or commercial enterprise that, as one of its principal business purposes, offers, for any form of consideration:

      (1)   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

      (2)   Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.

   (q)   “Sexually-oriented business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

   (r)   “Specified anatomical areas” means:

      (1)   The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

      (2)   Less than completely and opaquely-covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.

   (s)   “Specified criminal activity” means any of the following offenses:

      (1)   Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of material harmful to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries for which:

         A.   Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

         B.   Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

         C.   Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.

      (2)   The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

   (t)   “Specified sexual activities” means any of the following:

      (1)   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

      (2)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

      (3)   Excretory functions as part of or in connection with any of the activities set forth in divisions (t)(1) and (2) above.

   (u)   “Substantial enlargement” of a sexually-oriented business means the increase in floor area occupied by the business by more than 25%, as the floor areas exist on the date this chapter takes effect.

   (v)   “Transfer of ownership or control” of a sexually-oriented business means and includes any of the following:

      (1)   The sale, lease, or sub-lease of the business;

      (2)   The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

      (3)   The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(Ord. 00-040. Passed 11-21-00; Ord. 01-014. Passed 7-17-01.)

   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;

   (f)   Escort agencies;

   (g)   Nude model studios; and

   (h)   Sexual encounter centers.

(Ord. 00-040. Passed 11-21-00; Ord. 01-014. Passed 7-17-01.)

   (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.

      (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. The application may request and the applicant shall provide such information (including fingerprints) as to enable the Village to determine whether the applicant meets the qualifications established in this chapter.

   (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. Each applicant must be qualified under this chapter 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 partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;

         C.   A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors, and principal stockholders, 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 (1) the sexually-oriented business's fictitious name, and (2) submit the required registration documents.

      (3)   Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, and the date, place, and jurisdiction of each.

      (4)   Whether the applicant, or a person residing with the applicant, has had a previous license under this chapter or other similar sexually- oriented business ordinances from another city 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 or a person residing with 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 such denial, suspension, or revocation.

      (5)   Whether the applicant or a person residing with the applicant holds any other licenses under this chapter or other similar sexually- oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses.

      (6)   The single classification of license for which the applicant is filing.

      (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 mailing address and residential address.

      (9)   A recent photograph of the applicant(s).

      (10)   The applicant's driver's license number, Social Security 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 containing any existing sexually- oriented businesses within 800 feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park, or recreation area within 800 feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.

   (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)   Age, date, and place of birth;

      (3)   Height, weight, hair and eye color;

      (4)   Current residence address and telephone number;

      (5)   Current business address and telephone number;

      (6)   Date, issuing state and number of driver's permit or other identification card information;

      (7)   Social Security number; and

      (8)   Proof that the individual is at least 18 years of age.

   (g)   Attached to the application form for a sexually-oriented business employee license, as provided above, shall be the following:

      (1)   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. Any fees for the photographs and fingerprints shall be paid by the applicant.

      (2)   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 a sexually-oriented business, in this or any other county, city, state, or country, 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, the applicant shall 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.

      (3)   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, and the date, place, and jurisdiction of each.

(Ord. 00-040. Passed 11-21-00; Ord. 01-014. Passed 7-17-01.)

   (a)   (1)   Upon the filing of said application for a sexually-oriented business employee license, the Village shall issue a temporary license to said applicant. The application shall then be referred to the appropriate Village departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within 30 days from the date the completed application is filed. After the investigation, the Village shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

         A.   The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;

         B.   The applicant is under the age of 18 years;

         C.   The applicant has been convicted of a specified criminal activity as defined in this chapter; or

         D.   The sexually-oriented business employee license is to be used or employment in a business prohibited by local or State law, statute, rule or regulation, or prohibited by a particular provision of this chapter.

      (2)   If the applicant has had a sexually-oriented business employee license denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this division shall be subject to review as set forth in Section 1294.10(d).

   (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 Section 1294.07.

   (c)   Within 30 days after receipt of a completed sexually-oriented business 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 it is determined by a preponderance of the evidence that one or more of the following findings is true:

      (1)   An applicant is under 18 years of age.

      (2)   An applicant or a person with whom applicant is residing 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 business.

      (3)   An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.

      (4)   An applicant or a person with whom the applicant is residing 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 or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this chapter.

      (6)   The premises to be used for the sexually-oriented business has not been approved by the Health Department, Fire Department, and the Building Official as being in compliance with applicable laws and ordinances.

      (7)   The license fee required by this chapter has not been paid.

      (8)   An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.

   (d)   The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually-oriented business and the classification for which the license is issued pursuant to Section 1294.04. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually-oriented business so that they may be easily read at any time.

   (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 20 days of receipt of the application by the Village.

   (f)   A sexually-oriented business license shall issue for only one classification as found in Section 1294.04.

(Ord. 00-040. Passed 11-21-00; Ord. 01-014. Passed 7-17-01.)

   (a)   Every application for a sexually-oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by a five hundred dollar ($500.00) non-refundable application and investigation fee.

   (b)   In addition to the application and investigation fee required above, every sexually-oriented business that is granted a license (new or renewal) shall pay to the Village an annual non-refundable license fee of five hundred dollars ($500.00) within 30 days of license issuance or renewal.

   (c)   Every application for a sexually-oriented business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual five hundred dollar ($500.00) non-refundable application, investigation, and license fee.

   (d)   All license applications and fees shall be submitted to the Administrator of the Village.

(Ord. 00-040. Passed 11-21-00; Ord. 01-014. Passed 7-17-01.)

   (a)   An applicant or licensee shall permit representatives of the Police Department, Health Department, Fire Department, Zoning Department, or other Village departments or agencies to inspect the premises of a sexually-oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.

   (b)   A person who operates a sexually-oriented business or his or her agent or employee commits a misdemeanor if he or she refuses to permit such lawful inspection of the premises at any time it is open for business.

(Ord. 00-040. Passed 11-21-00; Ord. 01-014. Passed 7-17-01.)

   (a)   Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 1294.05. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected.

   (b)   When the Village denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the Village finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the denial became final.

(Ord. 00-040. Passed 11-21-00; Ord. 01-014. Passed 7-17-01.)

   (a)   The Village shall revoke a license if a cause of suspension in this section occurs and the license has been suspended within the preceding 12 months.

   (b)   The Village shall revoke a license if it determines that:

      (1)   A licensee gave false or misleading 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 has 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, County, or State for any taxes or fees.

   (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. 00-040. Passed 11-21-00; Ord. 01-014. Passed 7-17-01.)

   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. 00-040. Passed 11-21-00; Ord. 01-014. Passed 7-17-01.)

   Sexually-oriented businesses are conditionally permitted uses within the GB General Business District. A conditional use for such facilities shall not be approved unless the following minimum conditions shall be complied with:

   (a)   No sexually-oriented business shall be established within 800 feet of:

      (1)   Any Residential (R) District;

      (2)   Any public, private, governmental, or commercial library, educational institution, park, recreational facility, religious place of worship, child day care facility, playground, or swimming pool;

      (3)   Any planned unit or planned cluster development utilized for residential purposes;

      (4)   Any tavern, bar, or other establishment for the sale of beer or intoxicating liquor for consumption on the premises; or

      (5)   Any other sexually-oriented business.

   (b)   For the purpose of this section, 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 as the part of the premises where a sexually-oriented business is conducted, to the nearest property line of the premises of a use listed in division (a) of this section. The presence of a Village, County, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

   (c)   No advertisements, displays, or other promotional materials shall be shown, distributed or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semi-public areas.

   (d)   All building openings, entries, windows, and doors of adult entertainment facilities shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from any public or semi-public areas.

   (e)   No screens, loudspeakers, or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) or any other adult entertainment facility that can be seen or discerned by the general public from public or semi-public areas.

(Ord. 00-040. Passed 11-21-00; Ord. 01-014. Passed 7-17-01.)

   (a)   Evidence that a sleeping room in a hotel, motel, or 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 rebuttable 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 business 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) of this section, the terms “rent” or “sub-rent” mean the act of permitting a room to be occupied for any form of consideration.

(Ord. 00-040. Passed 11-21-00; Ord. 01-014. Passed 7-17-01.)

   (a)   Any sexually-oriented business lawfully operating on August 1, 2000, that is not in conformity with the provisions of this chapter shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless terminated sooner for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered, except that the use may be changed to a conforming use. If two or more sexually-oriented businesses are within 800 feet of one another and otherwise in a permissible location, the sexually-oriented business that was first established and continually operating at a particular location is the conforming use and the later established business(es) is/are nonconforming.

   (b)   A sexually-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually-oriented business license, of a use listed in Section 1294.12(a) within 800 feet of the sexually-oriented business. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or been revoked.

(Ord. 00-040. Passed 11-21-00; Ord. 01-014. Passed 7-17-01.)

   (a)   A person commits a misdemeanor of the first degree if that person operates or causes to be operated a sexually-oriented business in any zoning district other than those specified in Section 1294.12 and as defined and described in this Zoning Code.

   (b)   A person commits a misdemeanor of the first degree if the person operates or causes to be operated a sexually-oriented business within 800 feet of:

      (1)   Any Residential (R) District;

      (2)   Any public, private, governmental, or commercial library, educational institution, park, recreational facility, religious place of worship, child day care facility, playground, or swimming pool;

      (3)   Any planned unit or planned cluster development utilized for residential purposes;

      (4)   Any tavern, bar, or other establishment for the sale of beer or intoxicating liquor for consumption of the premises; or

      (5)   Any other sexually-oriented business.

   (c)   A person commits a misdemeanor of the first degree if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually-oriented business within 800 feet of another sexually-oriented business.

   (d)   A person commits a misdemeanor of the first degree if that person causes or permits the operation, establishment, or maintenance of more than one sexually- oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually-oriented business in any building, structure, or portion thereof containing another sexually-oriented business.

   (e)   For the purpose of division (b) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually- oriented business is conducted, to the nearest property line of the premises of a use listed in division (b) of this section. The presence of a Village, County, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

   (f)   For purposes of division (c) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects of political boundaries, from the closest exterior wall of the structure in which each business is located.

(Ord. 00-040. Passed 11-21-00; Ord. 01-014. Passed 7-17-01.)