Peotone City Zoning Code

ADULT USES

§ 157.220 ADULT USES.

The President and Board of Trustees have made the following findings:

(A) It is uncontested that the village may regulate, through its zoning power, the location of sexually explicit businesses.

(B) Zoning, when used to preserve the character of the residential and commercial areas of the village, is perhaps the most essential function performed by the village;

(C) The village is predominately a single-family residential community with most of the total land area of the village zoned and used for residential, school, park, library and governmental purposes;

(D) The regulation of adult uses serves a substantial governmental interest, while allowing for reasonable alternative avenues of communication;

(E) The Supreme Court of the State of Illinois has judicially confirmed that the regulation of adult uses serves a valid governmental interest;

(F) The proposed regulations are not aimed at the content of adult entertainment, but at the secondary effects associated with it including, but not limited to:

(1) A negative impact on the real estate market where adult entertainment is offered;

(2) Urban blight as a result of the decrease in property values; and

(3) An increase in the need for police patrols and services.

(G) Sexually oriented businesses in the incorporated area of the Village of Peotone require special supervision from public safety and health agencies in order to protect and preserve the health, safety and welfare of the patrons of such businesses as well as citizens of the village.

(H) The corporate authorities and staff have reviewed studies concerning the secondary effects of sexually oriented businesses in other cities including, but not limited to, "A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver", Denver, Colorado (1998); "The Adult Business Study" conducted by the Town and Village of Ellicottville, Cattaraugus County, New York (1998); "A Digest of Research: The Evidence of Relationships Between Adult-Oriented Businesses and Community Crime and Disorder," compiled by the City of St. Marys, Georgia (1996); and the "Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses," Attorney General of Minnesota (1989). Each of the reviewed studies in turn summarizes studies from a number of other municipalities.

(I) From review of other cities studies and their own surveys and testimony from its citizens there is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both existing businesses around them and the surrounding residential areas adjacent to them, causing among other adverse secondary effects, increased crime and downgrading of property values.

(J) It is recognized that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are operating in close proximity to each other, thereby contributing to crime, lower property values, urban blight and downgrading of the quality of life in the adjacent area.

(K) The corporate authorities find that sexually oriented businesses are frequently used for unlawful sexual activities including prostitution and sexual liaison of casual nature.

(L) Increased crime and unhealthful conduct tend to accompany, concentrate around and be aggravated by sexually oriented businesses, including but not limited to prostitution, pandering, exposing minors to harmful materials, possession and distribution of obscene materials and child pornography, possession and sale of controlled substances and violent crimes against persons and property.

(M) Concern over sexually transmitted diseases including AIDS, is a legitimate health concern of the village which demands reasonable regulations of sexually oriented businesses in order to protect the health and well being of the citizens.

(N) The corporate authorities have considered, in part, each of the following matters:

(1) Areas within close walking distance of single and multiple family dwellings should be free of sexually oriented business uses;

(2) Areas where children could be expected to walk, patronize, or frequent should be free of sexually oriented business uses;

(3) Sexually oriented business uses should be located in areas of the village which are not in close proximity to residential uses, churches, parks, schools, or other public facilities;

(4) The image of the Village of Peotone as a pleasant and attractive place to reside will be adversely affected by the presence of sexually oriented business uses in close proximity to residential land uses, churches, parks, schools, and other public facilities;

(5) Sexually oriented business land use should be regulated by zoning to separate it from other dissimilar uses just as any other land use should be separated from dissimilar uses within Peotone;

(6) Residents and non-residents who use the Village of Peotone for shopping and other commercial needs, and utilize the public facilities, churches, parks, and schools of the village will move, shop elsewhere, or use public facilities, churches, parks, and schools elsewhere if sexually oriented business land uses are allowed to locate in close proximity to residential uses, churches, parks, schools, and other public facilities;

(7) Merchants in the commercial area of the village are concerned about the adverse impact and the character and quality of the village in the event that sexually oriented business land uses are located within close proximity to residential uses, churches, parks, schools, and other public facilities and that such locations will reduce retail trade to commercial uses in the vicinity, thus reducing property values and tax revenues to the village; and that such adverse affect on property values and business would cause the loss to some commercial districts within the village leading to deterioration of the commercial quality of the village; and

(8) No evidence has been presented to show that location of sexually oriented businesses within the village will improve the commercial viability or qualify of life of the community.

(O) Zoning, licensing and other police power regulations are legitimate reasonable means of accountability to insure the operators of sexually oriented businesses comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation.

(P) The village recognizes the possible harmful effects on children and minors exposed to the effects of such businesses and the deterioration of respect for family values and the avoidance of such businesses which necessitate children walking through or visiting in the immediate neighborhood of such businesses.

(Q) There would be deterioration in the quality of businesses which chose to operate in and around such sexually oriented businesses.

(R) The desire to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizens, protect the citizens from increased crime, preserve the qualify of life, preserve the property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the threat to health from the spread of communicable and social diseases.

(S) The corporate authorities have considered judicial decisions regarding local regulation of sexually oriented businesses, including the courts' discussions of the secondary effects of such businesses; including but not limited to City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); Barnes v. Glen Theatres, Inc., 501 U.S. 560 (1991); Young v. American Mini Theatres, Inc., 427 U.S. 50 (1976); Joelner v. Village of Washington Park, 2004 WL 1738721 (7th Cir. Aug. 4, 2004); R.V.S. L.L.C. v. City of Rockford,361 F.3d 402 (7th Cir. 2004); and Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003).

(T) Locational criteria alone do not adequately protect the health, safety, and general welfare of the people of Peotone and thus certain requirements with respect to the ownership and operation of sexually oriented businesses are in the public interest.

(U) Consistent with limitations on the sale and consumption of alcohol and outside advertising limitations, restricted hours of operation will further prevent the adverse secondary effects of sexually oriented businesses.

(V) It is not the intent of this subchapter to suppress any speech activities protected by the First Amendment, but to enact content neutral legislation which addresses the adverse secondary effects of sexually oriented businesses.

(W) It is not the intent of the corporate authorities to condone or legitimize the distribution of obscene material, and the corporate authorities recognize that state law prohibits the distribution of obscene materials and expects and encourages state enforcement officials to enforce state obscenity statutes against such illegal activities in Peotone.

(Ord. 04-20, passed 9-7-04)

§ 157.221 PURPOSE AND INTENT.

It is the purpose and intent of this subchapter To regulate sexually oriented businesses to promote the health, safety, morals, 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 adverse secondary effects from such sexually oriented businesses. The provisions of this subchapter 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 subchapter 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 subchapter to condone or legitimize the distribution of obscene materials.

(Ord. 04-20, passed 9-7-04)

§ 157.222 DEFINITIONS.

For the purposes of this subchapter, certain terms and words are defined as follows:

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 or fewer persons each are regularly used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which has over 25% of its stock-in-trade or derives over 25% of its revenues or devotes over 25% of its interior business or advertising to the sale or rental for any form of consideration, of any one or more of the following:

(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, 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 which are designed for use or marketed primarily or stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.

Bookstores, novelty stores, and video stores that do not meet the above 25% thresholds specified above but sell or rent any items specified in division (2)(a) of this section are subject to regulation as set forth in § 157.251.

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

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

(2) Pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

ADULT MOTEL. A motel, hotel or similar commercial establishment which:

(1) Offers public accommodations, for any form of consideration, which provide patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertise 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 or television, or

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

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

ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are 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 semi-nudity and/or nudity.

DANCER OR PERFORMER. A person who dances, performs or otherwise entertains in any sexually oriented business.

EMPLOYEE. Any person who works, dances, performs or otherwise entertains for a sexually oriented business; regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business or works as an independent contractor.

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 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.

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 of the sexually oriented businesses defined in this subchapter;

(3) The addition of any of the sexually oriented businesses defined in this subchapter to any other existing sexually oriented business; or

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

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 manipulation of the human body are performed. The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by any massage therapist licensed by the State of Illinois under the Massage Licensing Act (ILCS Ch. 225, Act 57, § 1 et seq.), nor by any licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.

NUDITY OR STATE OF NUDITY.

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

(2) A state of dress which fails to opaquely and fully cover a human buttocks, 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.

PERMITTEE or PERMIT HOLDER. 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.

PREMISES or LICENSED PREMISES. Any building in which a sexually oriented business operates or is contemplated, as well as the property surrounding said building, including, but not limited to, any parking lot areas serving the sexually oriented business.

PUBLIC BUILDING. Any building owned, leased or held by the United States, the state, the county, the village, any special district, school district, or any other agency or political subdivision of the state or the United States, which is used for governmental purposes.

PUBLIC PARK or 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, wilderness areas, or similar public land within the village which is under the control, operation, or management of the village or the Peotone Park District, or available to the public for general use.

PUBLIC PLACE. A place to which the general public has a right to go or is invited.

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

RESIDENTIAL DISTRICT OR USE. A single family home, duplex, townhouse or multiple family residence as defined in this code.

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, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

SEMI-NUDE or SEMI-NUDITY. 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.

SEMI-NUDE MODEL STUDIO. Any place where a person, who regularly appears in a state of semi-nudity 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, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" when one or more of the persons is semi-nude. The definition of sexually oriented businesses 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 store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, massage parlor, semi-nude model studio or sexual encounter establishment.

SPECIFIED ANATOMICAL AREAS and/or SPECIFIED SEXUAL ACTIVITIES. As used in this subchapter 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 areola; or

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

(3) Masturbation, actual or simulated; or

(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 subdivisions (1) through (4) of this definition.

SPECIFIED CRIMINAL ACT. For purposes of this subchapter shall mean any offense defined as a "sex offense" under the Sex Offender Registration Act ( ILCS Ch. 730, Act 150, § 1 et seq .) as well as crimes connected with another Sexually Oriented Business, whether or not such business was licensed or permitted, including but not limited to, distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;

SUBSTANTIAL ENLARGEMENT OF THE SEXUALLY ORIENTED BUSINESS. Means an increase in the floor areas occupied by the business by more than 15%, as the floor areas exist on the date of passage of this subchapter.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Means and includes any of the following:

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

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

(3) The establishment of a trust, gift or other similar legal device 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. 04-20, passed 9-7-04)

§ 157.223 ESTABLISHMENT AND CLASSIFICATION OF BUSINESSES REGULATED.

The establishment of a sexually oriented business shall be permitted only in an I-2 Zoning District and shall be subject to the following restrictions:

(A) No person shall cause or permit the establishment or operate or maintain any sexually oriented business within 250 feet of another such business or within 250 feet of any building used or occupied by any religious institution, school, boys club, girls club, or similar existing youth organization, or any public park or public building, or within 250 feet of any building zoned for residential use or used for residential purposes.

(B) As regarding division (A), the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest portion of the respective property lines of each business. The distance between any sexually oriented business and any religious institution, public or private elementary or secondary school, boys club, girls club, or similar existing youth organization, or any public park or public building or any buildings zoned for residential use or used for residential purposes, shall also be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building line where the sexually oriented business is conducted, to the nearest building line of the premises of a religious institution, public or private elementary or secondary school, boys club, girls club, or similar existing youth organization or public building or any buildings zoned for residential use or used for residential purposes, or the property line of any public park.

(C) A person commits a violation if he or 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.

(Ord. 04-20, passed 9-7-04)

§ 157.224 INJUNCTION.

A person who operates or causes to be operated a sexually oriented business without having a valid permit or license is subject to a suit for injunction as well as prosecution for the violation. Such violation shall be punishable by a fine for everyday the violation continues, and if an injunction must be sought, attorneys' fees and costs will be assessed against the sexually oriented business.

(Ord. 04-20, passed 9-7-04)

§ 157.225 PERMIT REQUIRED.

(A) No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit or license issued by the village for the particular type of business.

(B) Any person desiring to operate a sexually oriented business shall file with the village an original and two copies of a sworn permit application on the standard application form supplied by the village.

(C) The completed application 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 satisfactory proof that he or she is 21 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 Illinois, 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:

(a) The sexually oriented business' fictitious name; and

(b) Submit the required Illinois registration documents.

(3) Whether the applicant or any of the other individuals listed pursuant to this section has, within the two or five-year period as specified in § 157.228 immediately preceding the date of the application, been convicted of any criminal act and, if so, the criminal act involved, the date of conviction and the place of conviction.

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

(5) Whether the applicant or any other individual listed pursuant to this section holds any other permits and/or licenses under this subchapter or other similar sexually oriented business ordinance from another village, city 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. (See classifications within definition of sexually oriented businesses).

(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 addresses 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 an Illinois registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this subchapter within 250 feet of the property to be certified; the building lines of any established religious institution, school, boys club, girls club, or similar existing youth organization, public building, or any buildings zoned for residential use or used for residential purposes within 250 feet of the property to be certified; and the property lines of any public park or recreation area within 250 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.

(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 applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a 10% or greater interest in the corporation must sign the application for a permit as applicant.

(14) If a person wishes to operate a sexually oriented business which shall exhibit on the premises films, video cassettes, or other video reproductions which depict specified sexual activities or specified anatomical areas then the person shall comply with the application requirements stated at § 157.237 et seq.

(D) Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this Section 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 30 days from the date of such change, by supplementing the application on file with the Zoning Administrator or his or her designee, shall be grounds for suspension of a permit.

(E) In the event that the Zoning Administrator or his or her designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he or she shall promptly notify the applicant of such fact and allow the applicant ten 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.

(F) 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. All inspections by the village shall be conducted to comply with § 157.227 of this subchapter.

(G) At the time of filing an application, the applicant shall be required to pay a non-refundable application fee as set forth in the fee and license schedule adopted by the village as a separate ordinance, as amended from time to time.

(H) Prior to obtaining any permit or license to operate any sexually oriented business and as part of any application for a permit under this section, the applicant shall obtain from the village or its designee a certification that the proposed location of such business complies with the locational requirements of § 157.223 of this subchapter.

(I) The fact that a person possesses other types of state, county or village permits and/or licenses does not exempt him or her from the requirement of obtaining a sexually oriented business permit from the Village of Peotone.

(J) By applying for a permit or license under this subchapter, the applicant shall be deemed to have consented to the provisions of this subchapter and to the exercise by the Zoning Administrator or his or her designee, the Village of Peotone Police Department and all other village agencies charged with enforcing the laws, ordinances and codes applicable in the village of their respective responsibilities.

(K) 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 § 157.236. This shall be a continuing requirement even after a permit is granted or renewed.

(Ord. 04-20, passed 9-7-04)

§ 157.226 ADULT USE AFFIDAVIT.

In addition to all application requirements of § 157.225, any person or entity desiring to operate any business of any kind or nature in the village shall be required to disclose upon application for any new or renewal business license or any building permit for the construction or remodeling of any structure whether or not the business or structure will be used as or become a sexually oriented business. All such licenses or permits shall contain an adult use affidavit, the purpose of which shall be to disclose whether the applicant intends to operate a sexually oriented business. The adult use affidavit shall require a detailed description of the type of business to be conducted, the proposed hours of operation and whether or not a liquor license will be sought. This affidavit will require that the applicant swears, under oath, whether or not the business operation will fall under any of the definitions of a sexually oriented business. If the business is operated in any particular or detail contrary to the disclosures on the adult use affidavit, which is attached to and made a part of this subchapter, the license may be revoked pursuant to § 157.233.

(Ord. 04-20, passed 9-7-04)

§ 157.227 INVESTIGATION AND APPLICATION.

(A) Upon receipt of an application properly filed with the village and upon payment of the non-refundable application fee, the village or its designee shall immediately send photocopies of the application to the Village of Peotone Police Department, the Will County Health Department, and any other village agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency 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 subchapter. The investigation shall be completed promptly. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and in the event it disapproves, state the reasons for disapproval. The Village of Peotone Police Department shall only be required to certify the NCIC records request check.

(B) A department or agency shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the Village's Zoning Administrator.

(Ord. 04-20, passed 9-7-04)

§ 157.228 ISSUANCE OF PERMIT OR LICENSE.

(A) The Zoning Administrator or his or her designee, shall grant or deny an application for a permit or license within 60 days from the date of its proper filing. However, any failure to grant or deny the permit within 60 days shall not be deemed a waiver by the village of its right to deny the permit.

(B) Grant of application for permit.

(1) The Zoning Administrator or his or her designee, shall grant the application unless one or more of the criteria set forth in division (C) below is present.

(2) The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall also indicate that the sexually oriented business is subject to restrictions on public indecency pursuant to the United States Supreme Court's decision in Barnes v. Glen Theater. Inc., 501 U.S. 560, 111 S.Ct. 2456 (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

(1) The Zoning Administrator or his or her designee, shall deny the application for any of the following reasons:

(a) An applicant is under 21 years of age.

(b) An applicant or an applicant's spouse is overdue on his or her payment to the village of taxes, fees, fines, or penalties assessed against him or her or imposed upon him or her.

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

(d) The premises to be used for the sexually oriented business have not been approved as being in compliance with health, fire and building codes by the department or agency responsible under law for investigating said compliance. If the agency is the village, all inspections required shall be conducted and completed promptly.

(e) The application or permit fees required have not been paid.

(f) An applicant of the proposed business is in violation of or is not in compliance with any of the provisions of this subchapter, including but not limited to, the zoning locational requirements for a sexually oriented business under § 157.223.

(g) The granting of the application would violate a statute, ordinance, or court order.

(h) The applicant ever had a permit under this subchapter which was suspended or revoked.

(i) An applicant has been convicted of a "Specified Criminal Act" for which:

1. Less than two years have elapsed since the date of finding of guilty or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for a specified criminal act;

2. Less than five 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 a specified criminal act;

3. Less than five years have elapsed since the date of findings of guilty or the date of release from confinement, whichever is the later date, if the findings of guilty are of two or more misdemeanor offenses occurring within any 24-month period for specified criminal acts;

4. The fact that a finding of guilty is being appealed shall have no effect on disqualification of the applicant;

5. An applicant who has been found guilty of a specified criminal act may qualify for a sexually oriented business permit only when the time period required above in this section has elapsed.

(j) An applicant knowingly has in his or her employ, an employee who does not have a valid license as required in § 157.236.

(2) If the Zoning Administrator or his or her designee denies the application, he or she shall notify the applicant of the denial and state the reason(s) for the denial within 14 days of the denial.

(3) If a person applies for a permit for a particular location within a period of 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.

(Ord. 04-20, passed 9-7-04)

§ 157.229 ANNUAL PERMIT FEE.

The annual fee for a sexually oriented business permit is as set forth in the fee and license schedule adopted by the village in a separate ordinance, as amended from time to time.

(Ord. 04-20, passed 9-7-04)

§ 157.230 INSPECTION.

(A) An applicant or permittee shall permit representatives of the village, the County Health Department and the Fire Department to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.

(B) It shall be unlawful and a violation of this subchapter for a person who operates a sexually oriented business, or his or her agent or employee, to refuse to permit a lawful inspection of the premises at any time that it is occupied or open for business, whether or not a permit has been issued for such business under this subchapter. Such violation is punishable by a fine of up to $750 for each and every day the operator or his or her agent or employee refuses to allow the inspection. The village, at its discretion, may petition any court with jurisdiction to compel the operator to allow the inspection and for reimbursement of the village's reasonable attorneys' fees and other costs associated with enforcement of this section. In addition, the refusal of an operator to comply with this provision shall be grounds for the suspension or revocation of his or her business license or any permit associated with the business.

(Ord. 04-20, passed 9-7-04)

§ 157.231 EXPIRATION OF PERMIT.

(A) Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in § 157.228. Application for renewal shall be made at least 30 days before the expiration date. Applications for renewal made less than 30 days before the expiration date shall not affect the expiration of the permit.

(B) If the Zoning Administrator or his or her designee denies renewal of a permit, the applicant shall not be issued a permit for one year from the date of denial. However, if, subsequent to denial, the Zoning Administrator or his or her designee finds that the basis for denial of the renewal of the permit has been corrected, the applicant shall be granted a permit if at least 90 days have elapsed since the date denial became final.

(Ord. 04-20, passed 9-7-04)

§ 157.232 SUSPENSION OF PERMIT.

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

(1) Violated or is not in compliance with any section of this subchapter; or

(2) Been under the influence of alcoholic beverages while working in the sexually oriented business premises. For purposes of this section, "under the influence of alcoholic beverages" shall mean having an alcohol concentration in the person's blood or breath of 0.08 or more or under the influence of alcohol to a degree that renders the person incapable of performing his or her job duties in a professional manner; or

(3) Refused to allow an inspection of a sexually oriented business premises as authorized by this subchapter; or

(4) Knowingly permitted gambling by any person on the premises of a sexually oriented business; or

(5) Operated the sexually oriented business in violation of a building, fire, health or zoning statute, code, ordinance or regulation, whether federal, state or local, based on investigation by the division, department or agency charged with enforcing the rules or laws. In the event of such violation, the village shall promptly notify the permittee of the violation and shall allow the permittee a five-day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the five-day period, the village shall suspend the permit and shall notify the permittee of the suspension. In cases where the violation constitutes an immediate threat to the health, safety and/or welfare of patrons, employees, or others, the permit may be suspended during the five-day period in which to correct the violation.

(6) Engaged in a permit transfer contrary to § 157.235. In the event that the Zoning Administrator or his or her designee suspends a permit on the ground that a permittee engaged in a permit transfer contrary to this section, the Zoning Administrator or his or her designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this subchapter has been satisfied.

(7) Operated the sexually oriented business in violation of the hours of operation set forth in § 157.240.

(8) Knowingly employs a person who does not have a valid license as required in § 157.236.

(9) Knowingly allowed nudity to occur in or on the permitted premises.

(B) Twenty-four hours before the commencement of any suspension, the Peotone Police Department shall post on all entrances to the licensed premises a placard entitled "Notice of Closure". The title shall be in letters not less than one inch high. The notice of closure shall give the times of the suspension. Additionally, the notice of closure shall state the section number of the village code or state law which has been violated along with the telephone number of the appropriate village department that may be called for additional information. The removal of said notice of closure before the suspension ends by any person is prohibited and shall be subject to a fine of not more than $750. Each removal shall be considered a separate and distinct offense. Further, each day of a removed notice remains removed shall be considered as a separate offense.

(Ord. 04-20, passed 9-7-04)

§ 157.233 REVOCATION OF PERMIT.

(A) The Zoning Administrator or his or her designee shall revoke a permit if a cause of suspension in § 157.232 occurs and the permit has been previously suspended within the preceding 12 months.

(B) The Zoning Administrator or his or her designee, shall revoke a permit upon determining 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; or

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

(3) A permittee or an employee has knowingly allowed prostitution on the premises; or

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

(5) A permittee has been convicted of a specified criminal act for which the time period required in § 157.228 has not elapsed; or

(6) On two or more occasions within a 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 finding of guilty 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 finding of guilty is being appealed shall have no effect on the revocation of the permit; or

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

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

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

(C) When the Zoning Administrator or his or 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.

(D) Twenty-four hours before the commencement of any revocation, the Peotone Police Department shall post on all entrances to the licensed premises a placard entitled "Notice of Closure". The title shall be in letters not less than one inch high. The notice shall state the exact time at which the revocation goes into effect. Additionally, the notice of closure shall state the section number of the village Code or state law which has been violated along with the telephone number of the appropriate village department that may be called for additional information. The removal of said notice of closure by any person less than seven days after posting of a revocation notice is prohibited and shall be subject to a fine of not more than $750. Each removal shall be considered a separate and distinct offense. Further, each day of a removed notice of revocation remains removed prior to seven days after posting shall be considered as a separate offense.

(Ord. 04-20, passed 9-7-04)

§ 157.234 REVIEW OF PERMIT DENIAL, SUSPENSION OR REVOCATION.

(A) (1) Upon making a determination to revoke or suspend a permit issued under this subchapter, or to refuse issuance or renewal of a permit under this subchapter, the Zoning Administrator shall notify the permittee or applicant. The notice shall inform the permittee or applicant of the right to request a hearing before the Zoning Administrator regarding the proposed action.

(2) Additionally, the notice shall contain the reasons for the revocation, suspension, or refusal to issue or renew. Such notice shall be personally served or mailed, postage prepaid, to the applicant or permittee, as the case may be, at his or her last known address and shall provide such applicant or permittee with the right to request a hearing before the Zoning Administrator within eight days following the date such notice was personally delivered or placed in the mail. If no such request for a hearing is received the Zoning Administrator's determination shall become final.

(B) Where a hearing is requested, the Zoning Administrator shall set a place and date for the hearing and shall notify the applicant or permittee of said place and date of said hearing. The initial date for hearing shall be no more than 21 days after the written request for a hearing is made.

(C) The applicant or permittee shall have the right to be represented at such hearing by legal counsel. The rules of evidence applicable in a court of law in the State of Illinois shall be relaxed at the hearing.

(D) At the conclusion of the hearing, the Zoning Administrator shall issue a written decision and findings of fact and shall mail same to the applicant or permittee. The decision and findings of fact shall be mailed within five days following the conclusion of the hearing or the receipt of any transcript thereof, whichever is the latest to occur.

(E) Any applicant or license holder aggrieved by the action of the Zoning Administrator in refusing to issue or renew any permit subject to this subchapter or in suspending or revoking any permit already issued shall have the right to appeal to the President and Board of Trustees of the village. A request for such appeal shall be made to the Village Clerk, or his/her designee, within seven days after the notice of said decision of the Zoning Administrator has been mailed. The appeal shall contain a written statement setting forth the grounds for appeal. No applicant or permittee may appeal to the President and Board of Trustees unless a timely request for a hearing before the Zoning Administrator, as set forth above, has been made by said applicant or permittee.

(F) The President and Board of Trustees shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the manner provided in division (A) above. The appellant shall have the right to be represented at such hearing by legal counsel. The decision and order of the President and Board of Trustees following such appeal shall be final and conclusive. Said decision and order shall be in writing and mailed to the appellant within 14 days of the date of the conclusion of the hearing.

(G) During the pendency of any hearing before the President and Board of Trustees, a sexually oriented business that has been denied a permit or renewal license or whose license has been suspended or revoked shall be closed until the Village Board or the Court has made a final determination that the reason for the denial, nonrenewal, suspension or revocation is invalid. Any sexually oriented business subject to a permit denial, nonrenewal, suspension or revocation is hereby deemed to be an emergency threat to the health, safety and welfare of the residents of the village. In the event that a court of competent jurisdiction orders that a sexually oriented business may remain open pending appeal, then as a condition of remaining open, a penal bond in the amount of $100,000 cash shall be posted. An absolute condition of the bond shall be that if any provision of this subchapter is violated in any manner during the pendency of any appeal, the entire bond shall be forfeited at the sole discretion of the village.

(Ord. 04-20, passed 9-7-04)

§ 157.235 TRANSFER OF PERMIT.

(A) A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.

(B) When a permittee transfers ownership or control of a sexually oriented business to another person, the permit to operate such business may also be transferred if and when the acquiring party satisfies the following requirements:

(1) Obtains an amendment to the permit from the Zoning Administrator or his or her designee, which provides that he or she is now the permittee, which amendment may be obtained only if he or she has completed and properly filed an application with the Zoning Administrator or his or her designee, setting forth the information called for under § 157.225 in the application; and

(2) Pays a transfer fee of 20% of the annual permit fee.

(C) No permit may be transferred when the Zoning Administrator or his or her designee has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee.

(D) A permittee shall not transfer his or her permit to another location.

(E) 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. 04-20, passed 9-7-04)

§ 157.236 SEXUALLY ORIENTED BUSINESS EMPLOYEE LICENSE.

(A) Each person who dances, performs or otherwise entertains in a sexually oriented business, as well as all bartenders, drink servers, and security personnel, shall be required to obtain a sexually oriented business employee license. Each applicant shall pay a license fee as set forth in the fee and license schedule adopted in a separate ordinance, as amended from time to time. The fee is to cover reasonable administrative costs of the licensing application process.

(B) Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the Zoning Administrator or his or her designee 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) 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; and

(8) Acceptable written proof that the individual is at least 21 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 Village of Peotone Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant.

(10) A statement detailing the license or permit history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant operating or seeking to operate in this or any other county, village, state, or country has ever had a license, permit, or authorization to do business denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction and describe in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

(11) Whether the applicant has been found guilty of a Specified Criminal Act as defined in this subchapter. This information shall include the date, place, and nature of each finding of guilty and identify the jurisdiction.

(12) The Zoning Administrator or his or her designee shall refer the sexually oriented business employee license application to the Village of Peotone Police Department for an investigation to be made of such information as is contained on the application. The application process shall be completed within 15 working days from the date the completed application is filed. After the investigation, the Zoning Administrator or his or her designee shall issue a license unless the report from the Village of Peotone Police Department find that one or more of the following findings is true:

(a) That the application 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 Village of Peotone Police Department or other department of the village;

(b) That the applicant is under 21 years of age;

(d) That the sexually oriented business employee license is prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this subchapter;

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

(1) A license granted pursuant to this section shall be subject to annual renewal by the Zoning Administrator or his or her designee upon the written application of the applicant and a finding by the Zoning Administrator or his or her designee and the Village of Peotone Police Department that the applicant has not been convicted of any specified criminal act as defined in this subchapter 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 set forth in the fee and license schedule adopted in a separate ordinance, as amended from time to time.

(3) Applicants for this section's license may work during the processing of the application and license.

(Ord. 04-20, passed 9-7-04)

§ 157.237 REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS IN VIDEO BOOTHS.

(A) A person who operates or causes to be operated a sexually oriented business other than an adult motel and regardless of whether or not a permit has been issued to said business under this subchapter, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction which depicts specified 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 manager's 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 32 square feet of floor area with no dimension greater than eight feet. 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 be 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 dimension of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Zoning Administrator or his or 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 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 insure 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 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 manager's 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 insure that the view area specified in division (5) remains unobstructed by any doors, walls, merchandise, display racks, curtains, partitions, screening or other materials or persons at all times and to insure 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 permitted in the walls or partition separating each viewing room from an adjoining viewing room, restroom or any other room on the premises. No door may be attached or installed on any viewing room. All viewing rooms must be at least 100 square feet with no dimension less than ten feet and must be fully open on at least one side within no obstructions at all on the open side. The open side must be in full view of the manager's station.

(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 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 insure that the illumination described above is maintained at all times that any patron is present on the premises.

(B) A person having a duty under division (A) of this section commits a violation if he or she knowingly fails to fulfill that duty or otherwise fails to comply with the requirements herein.

(Ord. 04-20, passed 9-7-04)

§ 157.238 PROHIBITIONS REGARDING MINORS AND SEXUALLY ORIENTED BUSINESSES.

A person commits a violation of this subchapter if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business, and knowingly or with reasonable cause to know, permits, suffers or allows:

(A) Admittance of a person under 21 years of age to the business premises;

(B) A person under 21 years of age to remain at the business premises;

(D) A person under 21 years of age to work at the business premises as an employee.

(Ord. 04-20, passed 9-7-04)

§ 157.239 ADVERTISING REGULATIONS, SIGNS AND PREMISES LIGHTING REQUIREMENTS.

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

(C) All off premises signs advertising sexually oriented businesses are prohibited within the village. This prohibition shall not extend to the advertising of the existence or location of such sexually oriented business, so long as such advertising contains text only. Any sign advertisement that is in violation of this subsection is hereby declared to be a nuisance and may be abated as such.

(D) All on-premises signs advertising sexually oriented businesses, in addition to complying with all applicable village ordinances and regulations concerning signs, shall consist of text only.

(E) The permittee shall not allow any portion of the interior premises of the sexually oriented business to be visible from outside the premises.

(F) All off-street parking areas and premise 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 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 of the sexually oriented business and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

(Ord. 04-20, passed 9-7-04)

§ 157.240 HOURS OF OPERATION.

(A) It shall be unlawful and a person commits a violation if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business, and allows such business to open for business before 1:00 p.m. on any day or remain open after 11:00 p.m. on any day.

(B) It shall be unlawful and a person commits a violation if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business, and permits any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, before 1:00 p.m. on any day or after 11:00 p.m. on any day.

(C) It shall be unlawful and a person commits a violation if, working as an employee of a sexually oriented business, regardless of whether or not a permit has been issued for said business, the employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service before 1:00 p.m. on any day or after 11:00 p.m. on any day.

(Ord. 04-20, passed 9-7-04)

§ 157.241 NUDITY AT SEXUALLY ORIENTED BUSINESSES NOT OFFERING FOR SALE

(A) The United States Supreme Court decisions of Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991) and City of Erie v. Pap's A.M., 529 U.S. 277 (2000), upheld the right of municipalities to prohibit live public exposure of a person's private parts. These decisions specifically apply to sexually oriented businesses (regardless of whether or not a permit has been issued to said businesses under this subchapter), including the businesses where no alcoholic beverages are sold, served, or consumed at the premises.

(B) Live nudity is prohibited in the Village of Peotone within any business, including but not limited to a sexually oriented business. Any sexually oriented business which is found to in violation of this Section shall have its permit suspended or revoked pursuant to the provisions of §§ 157.232 and 157.233.

(Ord. 04-20, passed 9-7-04)

§ 157.242 ADDITIONAL PROHIBITIONS FOR THE OPERATION OF A SEXUALLY ORIENTED BUSINESS WITHOUT A VALID PERMIT.

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

(1) The business does not have a sexually oriented business permit under this subchapter for any applicable classification;

(2) The business has a permit which is under suspension;

(3) The business has a permit which has been revoked; or

(4) The business has a permit which has expired.

(Ord. 04-20, passed 9-7-04)

§ 157.243 EXEMPTIONS.

(A) It is a defense to prosecution for any violation of this subchapter 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, junior 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;

(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; and

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

(B) It is a defense to prosecution for a violation of this subchapter that an employee of a sexually oriented business, regardless of whether or not a permit has been issued for said business, exposed any specified anatomical area during the employee's bona fide use of a restroom or during the employees bona fide use of a dressing room which is accessible only to employees.

(Ord. 04-20, passed 9-7-04)

§ 157.244 PENALTIES AND ADDITIONAL LEGAL, EQUITABLE AND INJUNCTIVE RELIEF.

(A) In addition to whatever penalties are applicable under the Illinois Criminal Code of 1961 (ILCS Ch. 720, Act 5, § 1-1 et seq.), if any person fails or refuses to obey or comply with or violates any of the provisions of this subchapter, such person, upon conviction of such offense, shall be guilty of a violation and shall be punished by a fine of not more than $750 for each offense. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense.

(B) Nothing 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 non-compliance. 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) 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. 04-20, passed 9-7-04)

§ 157.245 IMMUNITY FROM PROSECUTION.

The village and its designees, the Village of Peotone Police Department and all other departments and agencies, and 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 subchapter.

(Ord. 04-20, passed 9-7-04)

§ 157.246 PROHIBITION OF DISTRIBUTION OF SEXUAL DEVICES.

(A) It is unlawful for person to distribute for commercial purpose, 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, dildo's, muzzles, whips, chains, bather restraints, racks, non-medical enema kits, body piercing implements (excluding earrings or other decorative jewelry) or other tools of sado-masochistic abuse.

(Ord. 04-20, passed 9-7-04)

§ 157.247 CONDUCT OF EMPLOYEES AND PATRONS.

(A) An employee of a sexually oriented business while within the establishment or on the premises, commits a violation if she or he touches a customer or the clothing of a customer while performing or dancing, or performs, dances or performs any service from a distance in violation of § 157.249 of this subchapter.

(B) A customer or patron of any sexually oriented business commits an offense if he or she touches an employee or the clothing of an employee of any sexually oriented business. It is the intent of this subchapter that there be no physical contact of any kind or nature (skin to skin, skin to clothing or clothing to clothing) between an employee and a patron.

(Ord. 04-20, passed 9-7-04)

§ 157.248 TIPS.

(A) Except as set forth in division (C) of this section, no patron shall, in any manner or form, pay for any service or form of entertainment or give any gratuities directly to any dancer or performer.

(B) Except as set forth in division (C) of this section, no dancer shall solicit, in any form or manner, any payment for any service or form of entertainment or solicit any gratuity from any patron of any sexually oriented businesses.

(C) Any payment for any service, entertainment or gratuities for dancers or performers of any sexually orientated businesses must be placed in a designated box within the facility not located on the dancing or performing stage or in violation of the distance requirements stated in § 157.249.

(Ord. 04-20, passed 9-7-04)

§ 157.249 PERFORMANCE LOCATION.

Any dancing or performance must be on a designated fixed or immovable stage elevated at least four feet from the floor and no patron or audience member may be seated or otherwise be within ten feet of the edge of a stage or go onto a stage. No dancer, entertainer or employee of any sexually oriented business may stand, kneel or crouch with any patron or provide any form of entertainment for any patron in violation of the distance requirements of this section.

(Ord. 04-20, passed 9-7-04)

§ 157.250 ALL AREAS MUST BE OPEN.

No employee, dancer, performer or other entertainer of any sexually oriented business may provide any service or form of entertainment for any person in any area which is not open to all other persons within the sexually oriented business. All areas of the sexually oriented business shall be open and accessible to all customers and patrons and must be visible from the main customer seating area and shall not be closed off from other customer areas. The interior of the patron washrooms shall not be visible to other customers, but employees may not use the same washrooms as patrons or customers.

(Ord. 04-20, passed 9-7-04)

§ 157.251 NON-SEXUALLY ORIENTED BUSINESSES ENGAGING IN THE SALE OR RENTAL OF ADULT BOOKS, MAGAZINES, VIDEOS AND THE LIKE.

(A) Any retail establishment in the village that is not required to obtain a permit hereunder as an "Adult Bookstore", "Adult Novelty Store" or "Adult Video Store," but derives any of its revenue from the sale or rental of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," is subject to the following requirements:

(1) All films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," are required to be in a separate room from the main retail sale or rental space. Said room must only be accessible to persons 21 years of age and older and must be clearly demarcated by a door or similar barrier bearing a sign warning patrons that only persons 21 years of age and older may enter.

(2) All photographs, books, magazines, periodicals, or other printed matter containing visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," shall be displayed for sale or stored only in a secure area. For purposes of this section, a secure area shall mean an area behind the register counter of the retail establishment that is not accessible to consumers, or a separate room with access restricted as in division (A)(1). Depictions of nudity or semi-nudity on the cover of items subject to this division and displayed in a secure area behind the register counter must be covered in a solid or opaque material and may under no circumstances be visible to consumers.

(B) Persons in violation of this section are subject to the penalties set forth in § 157.244 of this subchapter.

(Ord. 04-20, passed 9-7-04)

§ 157.999 PENALTY.

Any person, firm or corporation, who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall upon conviction be fined not less than $25 nor more than $750 for each offense. Each day that a violation is permitted to exist after notification thereof shall constitute a separate offense.

(Ord. 77-08, passed 6-28-77; Am. Ord. 95-26, passed 11-20-95)