For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ADULT BOOK STORE. An establishment having as a substantial or significant portion of its stock-in-trade, books magazines 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 or section devoted to the sale or display of such material.

   ADULT ENTERTAINMENT CABARET. A public or private establishment which may or may not be licensed to serve food, and features topless dancers and/or waitresses, strippers, male or female impersonators or similar entertainers.

   ADULT ENTERTAINMENT CENTER. An enclosed building with a capacity for less than 50 persons used for presenting motion picture films, video cassettes, cable television or any other such visual media for observations by patrons there, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities as hereafter defined.

   ADULT GIFT SHOP. An establishment having as a substantial or significant portion of its stock-in- trade pictures, photographs, drawings, paraphernalia, apparatus or other objects which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or and establishment with a segment or section devoted to the sale or display or such material.

   ADULT MOTION PICTURE THEATER. An enclosed building or drive-in theater used for presenting motion picture films, video cassettes, cable television or any other such visual media for observations by patrons there, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities as stated herein.

   APPLICANT. The applicant for a license shall be the intended operator of the business.

   MASSAGE. Any method or pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of the external soft parts of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

   MASSAGE ESTABLISHMENT. An establishment having a fixed place of business where any person, firm, association or corporation engages in, carries on or permits to be engaged in the act of massage, as previously defined.

   SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, public region, buttock and female breast below a point immediately above the top or the areola; and human male genitals in a discernible turgid state, even if completely and opaquely covered.

   SPECIFIED SEXUAL ACTIVITIES. Human genitals in a state of sexual stimulation or arousal; acts or human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(Ord. 2000-7, passed 6-5-2000)

   The following shall be considered adult businesses:

   (A)   Adult bookstore;

   (B)   Adult entertainment cabaret;

   (C)   Adult entertainment center;

   (D)   Adult gift shop;

   (E)   Adult motion picture theater; and

   (F)   Massage establishment.

(Ord. 2000-7, passed 6-5-2000)

   Adult businesses shall be permitted use in an M3 Manufacturing District subject to the following limitations, and no application shall be approved for a business which:

   (A)   Is located within 1,000 feet of an existing school, church or residence;

   (B)   Is located within 1,000 feet of another establishment already operating a business defined hereunder or already licensed hereunder;

   (C)   Has more than one outdoor sign advertising its existence or location;

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

   (E)   Has an outdoor sign which contains any emphasis, either by wording or picture or otherwise, of matters relating to sexual activities;

   (F)   Displays this stock-in-trade or adult businesses to the public view from outside the establishment;

   (G)   Fails to post a notice at its door that entry by persons under age 18 is forbidden;

   (H)   Has the consumption or sale of alcohol on this premises;

   (I)   Is located in a building structure which contains another business that sells or dispenses in some manner alcoholic beverages;

   (J)   When the applicant or any other person(s) listed on the application has been convicted of a felony or crime of dishonesty or moral turpitude;

   (K)   When the applicant or any other person(s) listed on the application has violated any ordinances or the village, or had any similar license revoked by the village, or any other county or municipality within the previous five years; or

   (L)   Is not owned or operated by a U.S. citizen or lawfully admitted resident alien.

(Ord. 2000-7, passed 6-5-2000)

   It shall be unlawful for any person to open, maintain, operate, conduct or permit to be operated on, in or upon any premises in the village an adult business, without first having obtained a license from the Village Clerk.

(Ord. 2000-7, passed 6-5-2000) Penalty, see § 155.999

   (A)   Every applicant for a license to open, maintain, operate or conduct an adult business shall file an application in duplicate with the Village Clerk and pay a nonrefundable funding fee of $1,000. Annual license renewal fee shall be $500 payable prior to the issuance of said license.

   (B)   Within 30 days after receiving the application, the Village Clerk shall notify the applicant that his or her application is granted, denied or held for further investigation. Such additional investigation shall not exceed an additional 30 days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the Village Clerk shall inform the applicant in writing whether the application is granted or denied.

   (C)   Whenever an application is denied or held for further investigation, the applicant shall be advised in writing or the reasons for such action.

   (D)   Failure or refusal of the applicant to give any information relevant to the investigation or the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any inspection or investigation required shall constitute an admission by the applicant that he or she is ineligible for such permit and shall be grounds for denial of this application.

(Ord. 2000-7, passed 6-5-2000)

   (A)   The application for such a license shall contain the exact name and address of the applicant and the following information about this applicant and any partner or limited partner or a partnership applicant, and any officer or director of a corporate applicant any stockholder owning more than 5% of the stock of a corporate applicant, and any employee of this applicant who will work on the premises.

   (B)   All applications shall contain the following information:

      (1)   Name and address;

      (2)   Written proof that the individual is at least 18 years of age;

      (3)   All residential addresses for the past five years;

      (4)   The business, occupation or employment of the applicant for the five years immediately proceeding the date of application;

      (5)   A statement of all similar businesses ever owned or participated in by applicant including a statement as to whether the applicant has ever held a similar license from any other county or municipality and details of any revocation of any such license;

      (6)   The address and legal description of the parcel of land on which the business is to be located;

      (7)   The name under which the business is to be operated and a general description of the services to be provided;

      (8)   Whether the applicant has been convicted of any felony within the last ten years of any criminal offense, including controlled substances, moral turpitude, prostitution, obscenity or other crime of a sexual nature; and

      (9)   A statement on oath and affirmation that:

         (a)   The applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct; and

         (b)   The applicant has read and understands the adult business ordinance.

(Ord. 2000-7, passed 6-5-2000)

   The application shall be accompanied by the following:

   (A)   Payment in full of a fee of $1,000 for an original application, or $500 for a renewal application as applicable, which fee shall not be refundable under any circumstances;

   (B)   A certified copy of the assumed name certificate if the business is to be operated under an assumed name;

   (C)   If the business is a state corporation, a certified copy of the articles of incorporation, together with all amendments thereto;

   (D)   If the business is a foreign corporation, a certified copy of the certificate of authorization of transact business in this state, together with all amendments thereto;

   (E)   If the business is a limited partnership formed under the laws of the state, a certified copy of the certificate of limited partnership, together with all amendments thereto;

   (F)   If the enterprise is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto; and

   (G)   If the premises are leased or being purchased under contract, a copy of such lease or contract shall accompany the application.

(Ord. 2000-7, passed 6-5-2000)

   (A)   Any license issued for an adult business may be revoked or suspended by the President of the village only if the President shall find:

      (1)   That the licensee has violated any of the provisions of this chapter regulating adult uses; or

      (2)   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 or her behalf.

   (B)   The licensee shall be responsible for the acts of his or her agents, servants and employees; provided, however, that in the case of a first offense by a licensee where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the President shall find that the licensee had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual constructive knowledge.

   (C)   The President before revoking or suspending any license shall give the licensee at least ten days’ written notice of the charges against him or her. The licensee may within five days of receipt of said notice request a public hearing before the President at which time the licensee may present evidence bearing upon the question. Any notice by the President may be delivered personally to the licensee or be posted on the premises of the establishment being used as an adult use.

(Ord. 2000-7, passed 6-5-2000)

   This subchapter shall be effective from and following its passage, approval and publication in pamphlet form.

(Ord. 2000-7, passed 6-5-2000)