It is the purpose of this chapter to regulate sexually oriented businesses to promote the public health, safety, comfort, convenience and general welfare of the citizens of the village and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the village, thereby reducing or eliminating the secondary effects from such sexually oriented businesses. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor the 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 the effect of this chapter to condone or legitimize the distribution of obscene material. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

For the purposes of this chapter, certain terms and words are defined as follows. Where these definitions conflict with those in chapter 16, "Definitions", of this title, this section shall control for sexually oriented businesses.

   (A)   Business Terms:

   ADULT ARCADE: An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are regularly used to show films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined herein.

   ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE: A commercial establishment which has fifteen percent (15%) or more of its floor space devoted to or derives fifteen percent (15%) or more of its revenues from, or devotes a significant or substantial portion of its interior business or advertising to the sale or rental for any consideration, any of the following:

      1.   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides or other visual representations, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

      2.   Instruments, devices or paraphernalia designed for the stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

      3.   An establishment may have other principal business purposes that do not involve the offering for sale or rental or viewing 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 so long as fifteen percent (15%) or more of its floor space is devoted to or fifteen percent (15%) or more of its revenues is derived from the offering for sale or rental, for any form of consideration, the specified materials which depict or describe specified sexual activities or specified anatomical areas.

   ADULT CABARET: A nightclub, bar, restaurant "bottle club", or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:

      1.   Persons who appear nude, or in a state of nudity, or seminude.

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

      3.   Films, motion pictures, videotapes, slides or other photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas.

   ADULT MOTEL: A motel, hotel or similar commercial establishment which offers public accommodations, for any consideration, and provides patrons with closed circuit television transmissions, films, motion pictures, slides or other photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas, and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right of way, or by means of any off premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio, television or internet; and

      1.   Offers a sleeping room for rent for a period of time less than ten (10) hours; or

      2.   Allows the tenant or occupant to subrent the sleeping room for a period of time less than ten (10) hours.

   ADULT MOTION PICTURE THEATER: A commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

   ADULT THEATER: A theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.

   ESCORT: A person who, for any form of 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.

   ESCORT AGENCY: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

   MASSAGE PARLOR: Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments or any other treatment of the human body occurs as a part of or in connection with specified sexual activities, or where any person providing such treatment or manipulation, or service related thereto, exposes his or her specified anatomical areas. The definition of "massage parlor" or "sexually oriented business" shall not include the practice of massage in any licensed hospital, by a licensed hospital, by a licensed physician, surgeon, chiropractor or osteopath, by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, or by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.

   NUDE MODEL STUDIO: Any place where a person, who regularly appears in a state of nudity or displays specified anatomical areas is provided, for money or any form of consideration, to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons.

   SEXUAL ENCOUNTER ESTABLISHMENT: A business or commercial establishment, which, as one of its primary business purposes, offers, for any form of consideration, a place where two (2) or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas, or activities when one or more of the persons is in a state of nudity or seminudity. The definition of "sexual encounter establishment" or "sexually oriented business" shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person, licensed by the state, engages in medically approved and recognized sexual therapy.

   SEXUALLY ORIENTED BUSINESS: An "adult arcade", "adult bookstore", "adult novelty shop", "adult video store", "adult cabaret", "adult motel", "adult motion picture theater", "adult theater", "massage parlor", "sexual encounter establishment", "escort agency" or "nude model studio", as defined herein. Any business, whether or not the primary business is a sexually oriented business, in which fifteen percent (15%) or more of the retail floor space is devoted to one of these uses, or fifteen percent (15%) or more of revenues are derived from one or more of these uses shall be defined as a sexually oriented business.

   (B)   Additional Terms: For the purposes of this chapter, additional terms are defined as follows:

   EMPLOYEE: A person who works or performs in and/or for a sexually oriented business, regardless of whether or not that person is paid a salary, wage or other compensation by the operator of said business.

   ESTABLISHMENT: Means and includes any of the following:

      1.   The opening or commencement of any such business as a new business.

      2.   The conversion of greater than fifteen percent (15%) of an existing business's retail floor space, whether or not the original business is a sexually oriented business, to any of the sexually oriented businesses defined in this chapter.

      3.   The addition of any of the sexually oriented businesses defined in this title to any other existing sexually oriented business.

      4.   The relocation of any such sexually oriented business.

   NUDITY OR STATE OF NUDITY:

      1.   The appearance of bare human buttocks, anus, male genitals, female genitals or the areola or nipple of the female breast.

      2.   A state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region, or areola or nipple of the female breast.

   OPERATOR: Means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

   PERMITTED OR LICENSED PREMISES: Any premises that require a license and/or permit, and that is classified as a sexually oriented business.

   PERMITTEE AND/OR LICENSEE: A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

   PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.

   PLACE OF RELIGIOUS WORSHIP: Any church, synagogue, mosque, temple or building that is used primarily for religious worship and related religious activities.

   PUBLIC PARK/RECREATION AREA: Public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, forest preserve, wilderness areas or similar public land within the village that is under the control, operation, or management of the state of Illinois, park district, any school district, village, county, or recreational authority.

   RESIDENTIAL DISTRICT OR USE: A single-family, duplex, townhouse, or multi-family district identified as an R-1, R-2, R-3, R-4 and R-5 district in the current Midlothian zoning ordinance or, if amended, any similar residential district or use.

   SCHOOL: Any public or private educational facility including, but not limited to, child daycare facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, alternative schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, colleges and universities. "School" includes the school grounds.

   SEMINUDE: A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

   SPECIFIED ANATOMICAL AREAS: As used in this title, means and includes any of the following:

      1.   Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae.

      2.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device, which when worn, simulates human male genitals in a discernible turgid state.

   SPECIFIED CRIMINAL ACTS: As used in this title, means a conviction for a crime set forth in articles 9, 10, 11, 12, 22, 24, 25, 28, 29, 29A, 29B, 33A, 33D, 38, 39, 39A or 46 of the Illinois criminal code of 1961 1 , as amended, or convictions for crimes in other states, or federal crimes which are substantially similar to those Illinois crimes set forth above, as well as a conviction for any crime related to failure to pay taxes.

   SPECIFIED SEXUAL ACTIVITIES: As used in this title, means and includes any of the following:

      1.   The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts.

      2.   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.

      3.   Masturbation, actual or simulated.

      4.   Human genitals in a state of sexual stimulation, arousal or tumescence.

      5.   Excretory functions as part of or in connection with any of the activities set forth in subsections 1 through 4 of this definition.

   SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS: An increase in the floor areas occupied by the business so that fifteen percent (15%) or more of the total floor area (after enlargement) is used for the sexually oriented portion of a business.

   TRANSFER OF OWNERSHIP OF A SEXUALLY ORIENTED BUSINESS: Means and includes the following:

      1.   The sale, lease or sublease of the business.

      2.   The transfer of a portion of the ownership interest that constitutes a controlling interest in the business, whether by sale, exchange or similar means.

      3.   The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

The establishment of a sexually oriented business shall be permitted subject to the following restrictions:

   (A)   No person shall cause or permit the establishment of any of the following sexually oriented businesses, as defined above:

      1.   Within one thousand feet (1,000') of any other such business.

      2.   Within one thousand feet (1,000') of any place of religious worship, school, daycare facility, forest preserve or public park.

      3.   Within seven hundred fifty feet (750') of any property zoned for residential use or used for residential purposes.

      4.   If Illinois state statutes or Cook County law or regulations require a distance of over one thousand feet (1,000') for any of the sexually oriented businesses, that requirement is hereby adopted by the village and said distances shall apply (example, public act 93-1056).

   (B)   Sexually oriented businesses are classified as follows:

      1.   Adult arcade.

      2.   Adult bookstore, adult novelty store or adult video store.

      3.   Adult cabaret.

      4.   Adult motel.

      5.   Adult motion picture theater.

      6.   Adult theater.

      7.   Escort agency.

      8.   Massage parlor.

      9.   Nude model studio.

      10.   Sexual encounter establishment. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

The distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any place of religious worship, school, daycare facility, forest preserve or public park, or any properties zoned for residential use or used for residential purposes, shall be measured in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where the sexually oriented business is conducted, to the nearest property line of the premises of religious worship, school, daycare facility, forest preserve or public park, park, or any properties zoned for residential use or used for residential purposes. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

This title hereby requires that sexually oriented businesses shall be allowed only as a special use. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in section 11-10-10 of this chapter. In addition, any sexually oriented business shall be subject to the following restrictions:

   (A)   A person commits a violation of this chapter, for which the penalty is as prescribed in section 1-4-1 of this code, if he/she operates, or causes to be operated, a sexually oriented business except as provided in this chapter.

   (B)   A person commits a violation of this chapter, for which the penalty is as prescribed in section 1-4-1 of this code, if he/she operates, or causes to be operated, a sexually oriented business within one thousand feet (1,000') of any:

      1.   Place of worship.

      2.   School.

      3.   Daycare facility.

      4.   Forest preserve.

      5.   Public park.

If Illinois state statutes or Cook County law or regulations require a distance of over one thousand feet (1,000') for any of the sexually oriented businesses, that requirement is hereby adopted by the village and said distances shall apply (example, public act 93-1056).

   (C)   A person commits a violation of this chapter, for which the penalty is as prescribed in section 1-4-1 of this code, if he/she operates, or causes to be operated, a sexually oriented business within seven hundred fifty feet (750') of the boundary of any residential district.

   (D)   A person commits a violation of this chapter, for which the penalty is as prescribed in section 1-4-1 of this code, if he/she operates, or causes to be operated, a sexually oriented business within one thousand feet (1,000') of another such business, which will include any adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, escort agency or nude model studio.

   (E)   A person commits a violation of this chapter, for which the penalty is as prescribed in section 1-4-1 of this code, if he/she causes or permits the operation, establishment or maintenance of more than one sexually oriented business within the same building, structure, or portion thereof, or causes the substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

   (F)   It is a defense to prosecution under this chapter if a person appearing in a state of nudity did so in a modeling class operated:

      1.   By a proprietary school, licensed by the state of Illinois, a college, junior college or university supported entirely or partly by taxation.

      2.   By a private college or university, which maintains and operates educational programs in which credits are transferable to a college, junior college or university, supported partially or entirely by taxation.

      3.   In a structure:

         (a)   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing.

         (b)   Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class.

         (c)   Where no more than one nude model is on the premises at any one time. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   Any sexually oriented business lawfully operating on the effective date hereof shall be deemed a nonconforming use. A nonconforming use will be permitted to continue as long as the business is owned and/or operated by the permittee and/or licensee of record on the effective date hereof, unless terminated sooner for any reason, or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) sexually oriented businesses are within one thousand feet (1,000') of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location is the conforming use and the later established business is nonconforming.

   (C)   Any establishment subject to the provisions of this section shall apply for the permit provided for in section 11-10-10 of this chapter within thirty (30) days of the effective date hereof. Any establishment, existing prior to the effective date hereof, shall comply with the regulations pertaining to sections 11-10-18, 11-10-19 and 11-10-21 of this chapter, and all other applicable sections, within sixty (60) days of the effective date hereof, and all other applicable permit regulations within thirty (30) days of the effective date hereof. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

A person who operates, or causes to be operated, a sexually oriented business without having a valid permit due to location restrictions is subject to a suit for injunction, as well as prosecution for the criminal violation. Such violation shall be punishable by a fine in accordance with section 1-4-1 of this code for each day of violation and, if an injunction must be sought, attorney fees and costs will be assessed at the discretion of the court against the sexually oriented business. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the village for the particular classification of business as defined in section 11-10-2 of this chapter and listed in section 11-10-3 of this chapter. It shall be unlawful and a person commits a violation of this chapter, for which the penalty is as prescribed in section 1-4-1 of this code, if he/she operates or causes to be operated a sexually oriented business without said permit.

   (B)   The village president, and/or his/her designee, is responsible for granting, denying, revoking, renewing, suspending and canceling sexually oriented business permits for proposed or existing sexually oriented businesses. The village president, and/or his/her designee, is also responsible for ascertaining whether a proposed sexually oriented business, for which a permit is being applied, complies with all location requirements of sections 11-10-3, 11-10-4 and 11-10-5 of this chapter, this title and/or regulations now in effect, or as amended or enacted subsequent to the effective date hereof, and the Midlothian comprehensive plan.

   (C)   The police department is responsible for providing information on whether an applicant has been convicted of a specified criminal act during the time period set forth.

   (D)   The superintendent of buildings, health department, police department, fire department, and/or department of administration and finance are authorized to inspect a proposed, permitted or nonpermitted sexually oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances.

   (E)   An application for a permit must be made on a form provided by the village. The form will be made available at the office of the village clerk during regular business hours.

   (F)   The completed application shall contain the following information and shall be accompanied by the following documents:

      1.   If the applicant is:

         (a)   An individual:

            (1)   The applicant's legal name and all of the applicant's aliases.

            (2)   The applicant's business address.

            (3)   The applicant's social security number.

            (4)   Written proof that the applicant is at least twenty one (21) years of age.

            (5)   The citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of his/her naturalization.

         (b)   A corporation:

            (1)   The applicant corporation's complete name and official business address.

            (2)   The legal name, all aliases, ages, business addresses and social security numbers of all of the directors, officers and managers of the corporation, and of every person owning or controlling more than five percent (5%) of the voting shares of the corporation.

            (3)   The corporation's date and place of incorporation and the objects for which it was formed.

            (4)   Proof that the corporation is a corporation in good standing and authorized to conduct business in the state of Illinois.

            (5)   The name of the registered corporate agent and the address of the registered office for service of process.

            (6)   Copy of the corporation's charter and all amendments thereto.

         (c)   A partnership (general or limited), joint venture, limited liability company or any other type of organization where two (2) or more persons share in the profits and/or liabilities of the organization:

            (1)   The applicant organization's complete name and official business address.

            (2)   The legal name, all aliases, ages, business addresses and social security numbers of each partner or any other person entitled to share in the profits of the organization, whether or not any such person is also obligated to share in the liabilities of the organization.

            (3)   Copy of the organization's operating documents (e.g., partnership agreement) and all amendments thereto.

         (d)   A land trust:

            (1)   The applicant land trust's complete name.

            (2)   The legal name, all aliases and the business address of the trustee of the land trust, the legal name, all aliases, ages, business addresses and social security numbers of each beneficiary of the land trust, and the specific interest of each such beneficiary in the land trust.

            (3)   The interest, if any, that the land trust holds in the licensed premises.

            (4)   Copy of the land trust operating document (e.g., land trust agreement) and all amendments thereto.

      2.   If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he must state:

         (a)   The sexually oriented business's assumed name.

         (b)   Submit the required proof of registration.

      3.   Whether the applicant, or any other individuals listed pursuant to this section has, within the five (5) or ten (10) year period specified in subsection 11-10-10(C) of this chapter, immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved, the date of conviction and the place of conviction.

      4.   Whether the applicant or any of the other individuals listed pursuant to this section has had a previous permit under this chapter or other similar sexually oriented business from another municipality 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 any other individual listed pursuant to this section has been a partner in a partnership, an officer, director, or principal stockholder if a corporation that is permitted under this chapter whose permit 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 the denial, suspension or revocation.

      5.   Whether the applicant or any other individuals listed pursuant to this section holds any other permits and/or licenses under this chapter, or other similar sexually oriented business from another municipality or county, and, if so, the names and locations of such other permitted businesses.

      6.   The single classification of permit for which the applicant is filing, as defined and listed in section 11-10-2 of this chapter.

      7.   The location of the proposed sexually oriented business, including a legal description of the property, a title report, survey, street address, telephone number(s) and photos of the property.

      8.   The mailing address(es) and residential address(es) of the applicant(s).

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

      10.   The applicants' drivers license number(s), social security number(s), and his/her state or federal tax identification number.

      11.   A diagram showing the internal and external configuration of the proposed premises, including all doors, windows, entrances, exits, the fixed structural internal features of the licensed premises, plus the interior rooms, walls, partitions, stages, performance areas and restrooms. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; provided, however, that each diagram shall be oriented to the north or to some designated street or object, and shall be drawn to a designated scale or with marked dimensions to an accuracy of plus or minus six inches (±6") and sufficient to show clearly the various interior dimensions of all areas of the premises and to demonstrate compliance with the provisions of this chapter. The requirements of this subsection shall not apply for renewal applications if the applicant adopts a diagram that was previously submitted for the license sought to be renewed and certifies that the premises has not been altered since the immediately preceding issuance of the license and that the previous diagram continues to accurately depict the exterior and interior layouts of the licensed premises. The approval or use of the diagram required pursuant to this subsection shall not be deemed to be, and shall not be interpreted or construed to constitute, any other village approval otherwise required pursuant to applicable village ordinances and regulations.

      12.   A current certificate and straight line drawing prepared within thirty (30) days prior to the application by a registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this title within one thousand feet (1,000') of the exterior structural wall of the property to be certified, the property lines of any place of religious worship, school, daycare facility, forest preserve and/or public park within one thousand feet (1,000'), and any residentially zoned areas or residential property within seven hundred fifty feet (750') of the property to be certified. If Illinois state statutes or Cook County law or regulations require a distance of over one thousand feet (1,000') for any of the sexually oriented businesses, that requirement is hereby adopted by the village and said distances shall apply (example, public act 93-1056). 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.

      13.   If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the application for a permit as an applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a five percent (5%) or greater interest in the business must sign the application for a permit as an applicant. If a corporation is listed as the owner of a sexually oriented business or as the entity that desires to operate such a business, each individual having a five percent (5%) or greater interest in the corporation must sign the application for a permit as an applicant.

      14.   If a person desires to operate a sexually oriented business that shall exhibit on the premises films, videocassettes or other video reproductions which depict specified sexual activities or specified anatomical areas, then said person shall comply with the requirements stated at section 11-10-17 of this chapter.

      15.   The name of the individual or individuals who shall be the day to day, on site managers of the proposed sexually oriented business. If the manager is other than the applicant, the applicant shall provide, for each manager, all of the information required of an individual applicant under this chapter.

      16.   Applicants for a permit under this chapter shall have a continuing duty to promptly supplement application information required by this chapter in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the village president, or his/her designee, shall be grounds for suspension of a permit.

      17.   In the event that the village president, or his/her designee, determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he/she shall promptly notify the applicant of such fact and allow ten (10) days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.

      18.   The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with health, fire and building codes and laws.

      19.   The applicant shall be required to pay a nonrefundable application fee as specified in the fee schedule available in the office of the village clerk.

      20.   Prior to obtaining any permit or license to operate any "sexually oriented business" defined in section 11-10-2 of this chapter, and as part of any application for a permit under this chapter, the applicant shall obtain from the village a certification that the proposed location of such business complies with the location requirements of sections 11-10-3, 11-10-4 and 11-10-5 of this chapter.

      21.   The fact that a person possesses other types of state or village permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business permit.

      22.   By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the village president, or his/her designee, the Midlothian police department and all other village departments charged with enforcing the laws, ordinances and codes applicable to their respective responsibilities under this title.

      23.   The applicant shall be required to provide the village with the names of any and all employees who are required to be licensed pursuant to section 11-10-16 of this chapter. This shall be a continuing requirement even after a permit is granted or renewed. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   Upon receipt of a complete application properly filed with the village, and upon payment of the nonrefundable application fee, the village shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the police department and any other village departments responsible for enforcement of health, fire and building codes and laws. Each department shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law, and as set forth in this chapter. The village shall complete said investigation within thirty five (35) working days, counted as Monday through Friday excluding weekends and federal holidays, of receipt of the application. At the conclusion of its investigation, each department shall indicate on the photocopy its approval or disapproval of the application, date it, sign it and, in the event it disapproves, state the reason therefor. The Midlothian police department shall only be required to certify the records check indicated in section 11-10-10 of this chapter. The Midlothian police department shall not be required to approve or disapprove applications.

   (B)   A village department shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any statute, code, ordinance, regulation or other law in effect in the village. After its indication of approval or disapproval, each department shall immediately return the photocopy of the application to the village. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   Permit Term Limitations: The village president, or his/her designee, shall grant or deny an application for a permit within forty five (45) working days, counted as Monday through Friday excluding weekends and federal holidays, from the date of its proper filing. Upon the expiration of the forty fifth day, unless the applicant requests and is granted a reasonable extension of time, the application, if a permit has not been issued, shall be deemed to be denied. Thereafter, the village shall notify the applicant of a denial of the application and state the reason(s) for that denial.

   (B)   Grant Of Application For Permit: The village president, or his/her designee, shall grant the permit unless one or more of the criteria set forth in subsection (C) of this section is present. The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the classification of the sexually oriented business as listed in section 11-10-3 of this chapter, and the address of the sexually oriented business. The permit shall also indicate that the sexually oriented business, whether permitted or not, may be subject to prohibitions against public nudity and indecency pursuant to the United States supreme court decision in Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991). The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be read easily at any time.

   (C)   Denial Of Application For Permit: The village president, and his/her designee, shall deny the application for any of the following reasons:

      1.   An applicant is under twenty one (21) years of age.

      2.   An applicant or an applicant's spouse is overdue in his/her payment to the village of taxes, fees, fines or penalties assessed against him/her or imposed upon him/her in relation to a sexually oriented business.

      3.   An applicant is residing with a person who has been denied a permit by the village to operate a sexually oriented business within the preceding twelve (12) months, or is residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding twelve (12) months.

      4.   An applicant has failed to provide information required by this chapter or the permit application for the issuance of permit or has falsely answered a question or request for information on the application form.

      5.   The premises to be used for the sexually oriented business has not been approved as being in compliance with health, fire and building codes by the department responsible under law for investigating said compliance.

      6.   The application fees or permit fees required by this section have not been paid.

      7.   An applicant for the proposed sexually oriented business is in violation of, or is not in compliance with, any of the provisions of this chapter including, but not limited to, the locational requirements for a sexually oriented business under sections 11-10-3, 11-10-4 and 11-10-5 of this chapter.

      8.   The granting of the application would violate a statute, ordinance or court order.

      9.   The applicant has a permit under this chapter that has been suspended or revoked.

      10.   An applicant has been convicted of a "specified criminal act" for which:

Cite articles of Illinois criminal code and similar federal laws and similar laws of other states.

         (a)   Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a violation of this chapter, for which the penalty is as prescribed in section 1-4-1 of this code, offense for the "specified criminal acts".

         (b)   Less than ten (10) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the "specified criminal acts".

         (c)   Less than ten (10) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses for "specified criminal acts".

         (d)   The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

         (e)   An applicant who has been convicted of the above described "specified criminal acts" may qualify for a sexually oriented business permit only when the time periods required above have elapsed.

         (f)   An applicant knowingly has in his/her employ, an employee who does not have a valid license as required in section 11-10-16 of this chapter.

         (g)   If the village president, or his/her designee, denies the application, he/she shall notify the applicant of the denial and state the reason(s) for the denial.

         (h)   If a person applies for a permit for a particular location within a period of twelve (12) months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.

         (i)   An applicant is residing with a person who has been convicted of a crime as set forth in subsections (C)10(a), (C)10(b) and (C)10(c) of this section. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   An applicant or permittee shall permit representatives of the county health department, village health department, building department, police department and/or fire department 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)   It shall be unlawful and a person who operates a sexually oriented business, regardless of whether or not a permit has been issued for said business under this title, or his/her agent or employee, shall commit a violation of this chapter, for which the penalty is as prescribed in section 1-4-1 of this code, if he/she refuses to permit such lawful inspection of the premises at any time that it is occupied or open for business. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   The village president, or his/her designee, shall suspend a permit for a period not to exceed thirty (30) days if he/she determines that a permittee, or an employee of a permittee, has:

      1.   Violated, or is not in compliance with, any section of this chapter.

      2.   Been under the influence of alcoholic beverages while working in the sexually oriented business premises.

      3.   Refused to allow an inspection of sexually oriented business premises as authorized by this chapter.

      4.   Knowingly permitted gambling by any person on the sexually oriented business premises.

      5.   Operated the sexually oriented business in violation of a building, fire, health or zoning statute, code, ordinance, law, or regulation, whether federal, state or local, said determination being based on investigation by the division department or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance, law or regulation violation, the village shall promptly notify the permittee of the violation and shall allow the permittee a seven (7) day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven (7) day period, the village shall forthwith suspend the permit and shall notify the permittee of the suspension.

      6.   Engaged in permit transfer contrary to section 11-10-15 of this chapter. In the event that the village suspends a permit on the grounds that a permittee engaged in a permit transfer contrary to section 11-10-15 of this chapter, the village president, or his designee, shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this chapter has been satisfied.

      7.   Operated a sexually oriented business in violation of the hours of operation in section 11-10-21 of this chapter.

      8.   Knowingly employs a person who does not have a valid license as required in section 11-10-16 of this chapter.

      9.   Allowed another employee or any other person at any adult entertainment establishment to appear or perform while nude.

      10.   Appeared or performed while nude.

      11.   Allowed any minor on the premises in violation of section 11-10-19 of this chapter.

      12.   Allowed alcoholic liquor on the premises in violation of section 11-10-18 of this chapter.

   (B)   With regard to subsections (A)1, (A)3, (A)5 and/or (A)6 of this section, the suspension shall remain in effect until the violation of the statute, code, ordinance, law or regulation in question has been corrected.

   (C)   With regard to subsections (A)2, (A)4, (A)7, (A)8, (A)9, (A)10 and/or (A)11 of this section, the suspension shall remain in effect for the period of time determined by the village president (or designee). (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   The village president, or his/her designee, shall revoke a permit upon determination that:

      1.   A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a permit.

      2.   A permittee or an employee has knowingly allowed possession, use or sale of controlled substances in or on the premises.

      3.   A permittee or an employee knowingly allowed prostitution on the premises.

      4.   A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended.

      5.   A permittee has been convicted of a "specified criminal act" for which the time period required in section 11-10-10 of this chapter has not elapsed.

      6.   On two (2) or more occasions, within a twelve (12) month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a "specified criminal act" for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit.

      7.   A permittee is convicted of tax violations for any taxes or fees related to a sexually oriented business.

      8.   A permittee or an employee has allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or any other specified sexual activities to occur in or on the permitted premises.

      9.   A permittee has been operating more than one sexually oriented business under a single roof.

      10.   That two (2) suspensions have occurred within a twelve (12) month period.

   (B)   When the village president, or his/her designee, revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective. If the permit was revoked under this section, an applicant may not be granted another permit until the number of years required under this title have elapsed. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant or permittee may seek prompt review of such administrative action through the village board by filing a written request for review within twenty one (21) days. The village board shall hear the review request within thirty (30) days after it is received by the village. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   A permittee shall not transfer his/her permit to another person unless and until such other person satisfies the following requirements:

      1.   Obtains an amendment to the permit from the village president, or his/her designee, which provides that he/she is now the permittee. The amendment may be obtained only if he/she has completed and properly filed an application with the village president, or his/her designee, setting forth the information called for under sections 11-10-8 and 11-10-9 of this chapter in the application, and an investigation is performed as set out in section 11-10-9 of this chapter, which warrants the issuance of a permit.

      2.   Pays a transfer fee as specified in the fee schedule, available in the office of the village clerk.

   (B)   No permit may be transferred when the village president, or his/her designee, has notified the permittee that suspension or revocation hearing has been, or will be, brought against the permittee.

   (C)   A permittee shall not transfer his permit to another location.

   (D)   Any attempt to transfer a permit, either directly or indirectly, in violation of this section is hereby declared void and the permit shall be deemed revoked. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   Employee License Required; Application Fee: Each individual to be employed in a "sexually oriented business", as defined in section 11-10-2 of this chapter, and who engages in the services rendered by a nude model studio, escort or escort agency, sexual encounter establishment, massage parlor, or a live performer or entertainer shall be required to obtain a sexually oriented business employee license. Each applicant for said license shall pay a nonrefundable application fee as specified in the fee schedule available in the office of the village clerk.

   (B)   Required Information: Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form provided by the village president, or his/her designee, the following information:

      1.   The applicant's name or any other names, including "stage" names or aliases used by the individual.

      2.   Age, date, and place of birth.

      3.   Height, weight, hair and eye color.

      4.   Present residence address and telephone number.

      5.   Present business address and telephone number.

      6.   State driver's license or identification number.

      7.   Social security number.

      8.   Acceptable written proof that the individual is at least eighteen (18) years of age.

      9.   Attached to the application form as provided above, a color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the Midlothian police department. The applicant shall pay any fees for the photographs and fingerprints.

      10.   A statement detailing the license or permit history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operated or sought to operate a sexually oriented business, in this or any county, city, state or country, whether such applicant has ever had a license, permit or authorization to do business denied, revoked or suspended, or whether such applicant has had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, a statement of the date, the name of the issuing or denying jurisdiction and a full description of the reasons for the denial, revocation or suspension shall be attached to the application.

   (C)   Prior Conviction: Whether the applicant has been convicted of a "specified criminal act" as defined in section 11-10-10 of this chapter. This information shall include the date, place, nature of each conviction or plea of "nolo contendere" and identifying the convicting jurisdiction.

   (D)   Investigation By Police: The village president, or his/her designee, shall refer the sexually oriented business employee license application to the Midlothian police department for an investigation to be made of such information as is contained on the application. The application process shall be completed within twenty (20) days from the date the completed application is filed. After the investigation, the village president, or his/her designee, shall issue a license unless the report from the police department finds that one or more of the following findings is true:

      1.   That the applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a license, or in any report or record required to be filed with the police department or other department of the village.

      2.   That the applicant is under eighteen (18) years of age.

      3.   That the applicant has been convicted of a "specified criminal act" as defined in section 11-10-10 of this chapter.

      4.   That the sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this chapter.

      5.   That the applicant has had a sexually oriented business employee license revoked by the village within two (2) years of the date of the current application.

   (E)   Renewal Of License:

      1.   A license granted pursuant to this section shall be subject to annual renewal by the village president, or his/her designee, upon the written application of the applicant and a finding by the village president, or his/her designee, and the Midlothian police department that the applicant has not been convicted of any "specified criminal act", as defined in section 11-10-10 of this chapter or committed any act during the existence of the previous license period, which would be grounds to deny the initial permit application.

      2.   The renewal of the license shall be subject to payment as specified in the fee schedule, available in the office of the village clerk. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   A person who operates, or causes to be operated, a sexually oriented business, other than a sexually oriented motel/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 one hundred fifty (150) square feet of floor space, a film, videocassette or other video reproduction which depicts 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 managers' stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty two (32) square feet of floor area with no dimension greater than eight feet (8'). 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 (±6"). The village president, or his/her 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 may be made without the prior approval of the village.

      4.   It is the duty of the owners and operator of the premises to ensure 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 have two (2) 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 managers' 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 ensure that the view area specified above in subsection (A)5 of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials or person at all times and to ensure 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.   No viewing room may be occupied by more than one person at any one time. No holes, commonly known as "glory holes", shall be allowed in the walls or partitions which separate each viewing room from an adjoining viewing room or restroom.

      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 two (2.0) foot-candles 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 ensure that the illumination described above is maintained at all times when any patron is present on the premises.

   (B)   A person having a duty under this section commits a violation of this chapter, for which the penalty is as prescribed in section 1-4-1 of this code, if he/she knowingly fails to fulfill that duty. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

No alcoholic liquor of any kind shall be sold, used, consumed or possessed at any time on any licensed premises or at any adult entertainment establishment. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

A person commits a violation of this chapter, for which the penalty is as prescribed in section 1-4-1 of this code, if he/she operates, or causes to be operated, a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and knowingly or with reasonable cause to know, permit, suffer or allow:

   (A)   Admittance of a person under eighteen (18) years of age to the business premises.

   (B)   A person under eighteen (18) years of age to remain at the business premises.

   (C)   A person under eighteen (18) years of age to purchase goods or services at the business premises.

   (D)   A person who is under eighteen (18) years of age to work at the business premises as an employee. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   It shall be unlawful and a person commits a violation of this chapter, for which the penalty is as prescribed in section 1-4-1 of this code, if he/she operates, or causes to be operated, a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and advertises the presentation of any activity prohibited by any applicable state statute or local ordinance.

   (B)   It shall be unlawful and a person commits a violation of this chapter, for which the penalty is as prescribed in section 1-4-1 of this code, if he/she operates, or causes to be operated, a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and displays, or otherwise exhibits, the materials and/or performances at such sexually oriented business in any advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of such sexually oriented business.

   (C)   The permittee shall not allow any portion of the interior premises to be visible from outside the premises.

   (D)   All off street parking areas and premises entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one (1.0) foot-candle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees, and to reduce the incidences of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

   (E)   No loudspeakers or sound equipment audible beyond the licensed premises shall be used at any time.

   (F)   Nothing contained in this section shall relieve the operator(s) of a sexually oriented business from complying with the requirements of this chapter and this title, as amended from time to time, or any subsequently enacted village ordinances or regulations. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   It shall be unlawful and a person commits a violation of this chapter, for which the penalty is as prescribed in section 1-4-1 of this code, if he/she operates, or causes to be operated, a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and allows such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of twelve o'clock (12:00) midnight and twelve o'clock (12:00) noon on any weekday or Saturday. No sexually oriented business shall be open for business at any time on any Sunday or any legal state of Illinois or federal holiday.

   (B)   It shall be unlawful and a person commits a violation of this chapter, for which the penalty is as prescribed in section 1-4-1 of this code, if, working as an employee of a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service between the hours of twelve o'clock (12:00) midnight and twelve o'clock (12:00) noon on any weekday or Saturday. No sexually oriented business shall be open for business at any time on any Sunday or any legal state of Illinois or federal holiday. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   The United States supreme court decision in Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 (1991), which upheld the rights of cities to prohibit live public exposure of a person's private parts, specifically applies to sexually oriented businesses (regardless of whether or not a permit has been issued to said businesses under this chapter), including said businesses where no alcoholic beverages are sold, served or consumed at the premises.

   (B)   Public nudity is prohibited within the village, including any sexually oriented business. Any sexually oriented business found in violation of this section shall have its permit suspended pursuant to the provisions of section 11-10-12 of this chapter. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   Live Entertainment Defined: For purposes of this section, "live entertainment" is defined as a person who appears seminude. A performance which is characterized by the exposure of specified anatomical areas or by specified sexual activities or by nudity is prohibited.

   (B)   Stage: No person shall perform live entertainment for patron(s) of a sexually oriented business establishment except upon a stage at least eighteen inches (18") above the level of the floor, which is separated by a distance of at least ten feet (10') from the nearest area occupied by patrons. No patron shall be permitted within ten feet (10') of the stage while the stage is occupied by a performer.

   (C)   Dressing Rooms Provided: The sexually oriented business establishment shall provide separate dressing room facilities for female and male performers, which shall not be occupied or used in any way by anyone other than performers.

   (D)   Dressing Room Access: The sexually oriented business establishment shall provide access for performers between the stage and the dressing rooms completely separated from patrons. If such separate access is not physically feasible, the establishment shall provide a minimum four foot (4') wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers, which prevents any physical contact between patrons and performers.

   (E)   Physical Contact: No entertainer, either before, during or after a performance, shall have physical contact with any patron, and no patron shall have physical contact with any entertainer either before, during or after a performance. This section shall only apply to physical contact while in or on the premises of the establishment.

   (F)   Rails: Fixed rail(s) at least thirty inches (30") in height shall be maintained establishing the separation between performers and patrons required by this section.

   (G)   Gratuity: No patron shall directly pay or give any gratuity to any entertainer. A patron who wishes to pay or give a gratuity to a performer shall place the gratuity in a container that is, at all times, located separately from the performers for the purpose of preventing any physical contact between a patron and a performer. No performer shall solicit any gratuity from any patron.

   (H)   Dance: No operator of a sexually oriented business establishment shall cause or allow a performer to contract or engage in any entertainment, such as a "couch or a straddle dance", with a patron while in or on the establishment premises. No performer shall contract to or engage in a "couch or straddle dance" with a patron while in or on the establishment premises. For purposes of this subsection, "couch or straddle dance" is defined as an employee of the establishment intentionally touching or coming within ten feet (10') of any patron while performing. For purposes of this subsection, "employee" is defined as it is in section 11-10-2 of this chapter.

   (I)   Employee Contact And Conduct: This section shall not apply to an employee of an establishment who, while acting as a waiter, waitress, host, hostess or bartender, comes within ten feet (10') of a patron. No employee shall engage in any specified sexual activity or display or expose any specified anatomical area.

   (J)   Compliance With This Section:

      1.   For purposes of this section, an "establishment" is defined in section 11-10-2 of this chapter. No establishment shall be considered to be in compliance with this section until the village's designated agent(s) has inspected and approved the establishment's compliance. The village shall have ten (10) days from the date it receives written notice from the operator that the establishment is ready for inspection to approve or disapprove of compliance as required by this section. Failure to approve or disapprove of compliance within ten (10) days shall constitute a finding of compliance under this section.

      2.   The operator of an establishment that has been providing live entertainment under a valid sexually oriented business permit, shall have the time periods listed below in this chapter to bring the establishment into compliance. Failure to do so while continuing to provide live entertainment shall cause the establishment's permit to be suspended under section 11-10-12 of this chapter. The permit shall remain suspended until the establishment is approved by the village's designated agent(s) as being in full compliance with this section.

      3.   The operator of an establishment, that has been operating under a valid permit for another classification of sexually oriented business, and who wishes to provide live entertainment at that establishment, shall apply for and receive a sexually oriented business permit for the operation of an establishment providing live entertainment before any live entertainment is provided at that establishment. No live entertainment permit shall be issued until the establishment is approved as being in full compliance with this section and all other applicable requirements of this chapter.

      4.   The applicant for a permit to operate a new establishment, who wishes to provide live entertainment, shall apply for and receive a sexually oriented business permit for the operation of an establishment providing live entertainment before any live entertainment is provided. No live entertainment permit shall be issued until the establishment is approved as being in full compliance with this section and all other applicable requirements of this chapter. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   In addition to the criminal provisions found at other sections of this chapter, the following additional criminal provisions shall also apply to sexually oriented businesses.

   (B)   It shall be unlawful and a person commits a violation of this chapter, for which the penalty is as prescribed in section 1-4-1 of this code, if he/she operates, or causes to be operated, a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and said person knows or should know that:

      1.   The business does not have a sexually oriented business permit under this chapter for any applicable classification.

      2.   The business has a permit that is under suspension.

      3.   The business has a permit that has been revoked.

      4.   The business has a permit that has expired. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity did so in a modeling class operated:

      1.   By a college, junior college, or university, supported entirely or partly by taxation.

      2.   By a private college or university, which maintains and operates educational programs in which credits are transferable to a college, junior college or university, supported entirely or partly by taxation or:

         (a)   In a structure:

            (1)   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing.

            (2)   Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class.

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

   (B)   It is a defense to prosecution for a violation of this chapter that an employee of a sexually oriented business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employee's bona fide use of a dressing room, which is accessible only to employees. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   It is unlawful for anyone to distribute, for commercial purposes, sell or offer for sale any device, instrument or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

   (B)   Such devices, instruments or paraphernalia include, but are not limited to, phallic shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, nonmedical enema kits, body piercing implements (excluding earrings or other decorative jewelry), or other tools of sadomasochistic abuse.

   (C)   A violation of this section is a violation of this chapter, for which the penalty is as prescribed in section 1-4-1 of this code, punishable by a fine as specified in section 1-4-1 of this code. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   In addition to whatever penalties are applicable under the Illinois criminal code, if any person fails or refuses to obey or comply with or violates any of the criminal provisions of this chapter, such person, upon conviction of such offense, shall be guilty of a violation of this chapter, for which the penalty is as prescribed in section 1-4-1 of this code, and shall be punished by a fine not to exceed seven hundred fifty dollars ($750.00), in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.

   (B)   Nothing herein contained shall prevent or restrict the village from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.

   (C)   Further, nothing in this section shall be construed to prohibit the village from prosecuting any violation of this chapter by means of a code enforcement board or officers established pursuant to the authority as provided by the laws of the state of Illinois.

   (D)   All remedies and penalties provided for in this section shall be cumulative and independently available to the village and the village shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

Any sexually oriented business established, operated or maintained in violation of any of the provisions or requirements of this title or of any sexually oriented business license 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 chapter, commence an action to enjoin, remove or abate such nuisance in the manner provided by law and shall 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 a sexually oriented business contrary to the provisions of this chapter. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

The village, the police department and all other departments and agencies, as well as all other village officers, agents and employees, charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this chapter. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

In the event that any provision of this chapter, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity or effectiveness of any of the remaining provisions of this chapter, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the village that this chapter would have been adopted had such unconstitutional, invalid or other ineffective provisions not been included herein. (Ord. 1650, 10-10-2007, eff. 10-15-2007)