(a)

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

(b)

Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), North Avenue Novelties Incorporated v. City of Chicago, 88 F.3d. 441 (7th Cir. 1996), and Excalibur Group, Inc. v. City of Minneapolis, 116 F. 3d 1216 (CA8 1997), and on studies in other communities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and also on finding from the Report of the Attorney General's Working Group On The Regulation of Adult Oriented Businesses, (June 6, 1989, State of Minnesota), the council finds:

(1)

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

(2)

Certain employees and patrons of adult oriented businesses defined in this ordinance as adult theaters and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees and patrons of other establishments.

(3)

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

(4)

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

(5)

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

(6)

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

(7)

Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States.

(8)

The surgeon general of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.

(9)

According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

(10)

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

(11)

Numerous studies and reports have determined that semen is found in the areas of adult oriented businesses where persons view "adult" oriented films.

(12)

The findings noted in paragraphs number (1) through (11) raise substantial and legitimate governmental concerns.

(13)

Adult oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial and legitimate governmental concerns.

(14)

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

(15)

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

(16)

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

(17)

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

(18)

There are certain operational characteristics of adult oriented businesses that have adverse secondary effects (noted herein) on communities, including, but not limited to, the advertisement of adult oriented business through the use of large signs, which contribute to the blighting and/or downgrading of surrounding property.

(19)

The general welfare, health, morals and safety of the citizens of the city will be promoted by the enactment of this article.

(20)

Due to the adverse secondary effects (noted herein) on communities, it is reasonable and necessary to impose reasonable time, place and manner restrictions on Adult oriented businesses in the form of zoning and locational regulations contained in this article, and that these regulations are tailored to advance the legitimate governmental interest of avoiding, to the extent possible, the impact of such harmful and adverse secondary effects on the community while ensuring that such regulations do not unreasonably limit alternative avenues of communications.

(21)

Based on City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), and North Avenue Novelties Incorporated v. City of Chicago, 88 F.3d 441 (7th Cir. 1996), the commission further finds that this article, while advancing the legitimate and substantial governmental interest of protecting property values, preventing increases in crime, and protecting the health, safety and welfare of the community, does not unreasonably limit alternative avenues of communication for adult oriented businesses and that the proposed ordinance does provide a reasonable opportunity to disseminate speech to the extent that:

a.

No adult oriented businesses presently exist within the corporate boundaries of the City of Salem, Illinois; and,

b.

Over the past five (5) years, the community development director for the City of Salem, Illinois has received only one or two inquiries regarding the location of an adult oriented business in the City of Salem, Illinois, and that none have located within the City of Salem, Illinois; and,

c.

Based on the findings of the locational study, there is ample area for the location of adult oriented businesses in that the total area within the City of Salem's zoning jurisdiction equals approximately 6.20 square miles, the Industrial Zone equals approximately 1.33 square miles, and that approximately 850 acres are available for the location of adult oriented businesses; and,

d.

The areas available for the location of adult oriented businesses are presently served by adequate public utilities and infrastructure, or such areas can be readily served with such public utilities and infrastructure if and when the need for the development of such areas arises.

(22)

Increased criminal activity in areas where adult oriented businesses operate, including increased property crimes (vandalism, burglary, larceny, auto theft), violent crimes (murder, rape, robbery and assault) and sex crimes (rape, indecent exposure, child molestation). Due to the increase in criminal activity, insurance rates also increased.

(23)

Substantial depreciation in neighborhood property values occurs where adult oriented business are located.

(24)

Tendency of local citizenry to avoid areas where adult oriented businesses are located. These studies noted that patrons of adult oriented businesses are typically not residents of nearby neighborhoods, and that without community identity, behavior is less inhibited which contributes to increased criminal activity. The studies also noted that the owners of adult oriented businesses are typically not residents of the community in which the adult oriented business is located.

(25)

The location of adult oriented businesses near establishments selling alcoholic beverages compounds the problem of increased criminal activity.

(26)

Increased public health hazards due to illicit sexual encounters in adult oriented businesses, including but not limited to sexual encounters within "peep show booths," used condoms littering the streets and sidewalks, and increased prostitution).

(27)

Adult oriented businesses cause and increase in noise, lighting and traffic during late night hours.

(28)

The city will be best able to buffer the harmful secondary effects of adult oriented businesses on surrounding areas by imposing reasonable design controls on the appearance and image of adult oriented businesses.

(29)

Those findings made in the prefatory portion of this article are hereby adopted.

(Ord. No. 98-20, § I, 6-15-98)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult arcade means any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

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

(1)

books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

(2)

instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(1)

persons who appear in a state of nudity or semi-nude; or

(2)

live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

(3)

films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult motel means a hotel, motel or similar commercial establishment which:

(1)

offers accommodations to the public for any form of consideration; provides 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 has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

(2)

offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

(3)

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

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

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features person who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

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

Escort means a person who, for consideration and/or payment, 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 means a person or business or 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 adult oriented business as a new business;

(2)

the conversion of an existing business, whether or not a adult oriented business, to any adult oriented business;

(3)

the additions of any adult oriented business to any other existing adult oriented business; or

(4)

the relocation of any adult oriented business.

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

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

(1)

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

(2)

where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and

(3)

where no more than one (1) nude or semi-nude model is on the premises at any one (1) time.

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

Person means an individual, proprietorship, partnership, limited liability company, corporation, association, or other legal entity.

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

Sexual encounter center means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of payment or consideration:

(1)

physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.

Adult oriented business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency, nude model studio, or sexual encounter center.

Specified anatomical areas means:

(1)

the human male genitals in a discernibly turgid state, even if completely and opaquely covered, or

(2)

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

Specified sexual activities means any of the following:

(1)

the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(2)

sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

(3)

excretory functions as part of or in connection with any of the activities set forth in (1) through (2) above.

Substantial enlargement of an adult oriented business means the increase in floor areas occupied by the business by more than twenty-five (25) percent, as the floor areas exist on the date this article takes effect.

Transfer of ownership or control of an adult 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; or

(3)

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

(Ord. No. 98-20, § II, 6-15-98)

The term "adult oriented business" shall mean, include, and are classified as follows:

(1)

adult arcades;

(2)

adult bookstores, adult novelty stores, or adult video stores;

(3)

adult cabarets;

(4)

adult motels;

(5)

adult motion picture theaters;

(6)

adult theaters;

(7)

escort agencies;

(8)

nude model studios; and

(9)

sexual encounter centers.

(Ord. No. 98-20, § III, 6-15-98)

(a)

It is unlawful:

(1)

For any person to operate an adult oriented business without a valid adult oriented business license issued by the city pursuant to this article.

(2)

For any person who operates an adult oriented business to employ a person to work for the adult oriented business who is not licensed as an adult oriented business employee by the city pursuant to this article.

(3)

For any person to obtain employment with an adult oriented business without having secured an adult oriented business employee license pursuant to this article.

(b)

An application for an adult oriented business license must be made on a form provided by the city.

(c)

All applicants must be qualified according to the provisions of this article. The application may request and the applicant shall provide such information as to enable the city to determine whether the applicant meets the qualifications established in this article.

(d)

If a person who wishes to operate an adult oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate an adult oriented business is other than an individual, each individual who has a ten (10) percent or greater ownership interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.

(e)

The completed application for an adult oriented business license shall contain the following information and shall be accompanied by the following documents:

(1)

If the applicant is:

(a)

an individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is eighteen (18) years of age;

(b)

a partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;

(c)

a corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.

(d)

a limited liability company, the company shall state its complete name, the date of its organization, evidence that the company is in good standing under the laws of its state of organization, the names and capacity of all members and managers of the company, and the name of the registered company agent and the address of the registered office for service of process.

(2)

If the applicant intends to operate the adult oriented business under a name other than that of the applicant he or she must state (a) the adult oriented business's fictitious name and (b) submit the registration documents required under applicable state law to operate under a fictitious name.

(3)

Whether the applicant has had a previous license under this ordinance or other similar adult oriented business article from another city, county or unit of local government within the United States of America denied, suspended or revoked, including the name and location of the adult 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 has been a partner in a partnership or an officer, director or principal stockholder of a corporation, or a member or manager of a limited liability company that is licensed under this article whose license has previously been denied, suspended or revoked, including the name and location of the adult oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

(4)

Whether the applicant holds any other licenses under this article or other similar adult oriented business ordinance from another city, county or other unit of local government within the United States of America, and, if so, the names and locations of such other licensed businesses.

(5)

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

(6)

The location of the proposed adult oriented business, including a legal description of the property, street address, and telephone number(s), if any.

(7)

The applicant's mailing address.

(8)

A recent photograph of the applicant(s).

(9)

The applicant's driver's license number, social security number, and/or his/her/its state or federally issued tax identification number.

(10)

A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business, prepared by a professional architect, engineer or similar professional. The sketch or diagram 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 (6) inches.

(11)

A plat prepared within thirty (30) days prior to application by a registered land surveyor and/or professional engineer depicting the property lines and the structures containing any existing adult oriented businesses within five hundred (500) feet of the proposed adult oriented business location, the property lines and location of any religious institution/synagogue, school, establishment selling or offering for sale alcoholic beverages, residential structure, place of public accommodation, restaurant, or public park or recreation area within five hundred (500) feet of the proposed adult oriented business location. 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.

(12)

If an applicant wishes to operate an adult oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty (150) square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in section 23-544.

(f)

Before any applicant may be issued an adult oriented business employee license, the applicant shall submit on a form to be provided by the city 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)

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

(7)

Social Security Number; and

(8)

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

(g)

Attached to the application form for an adult oriented business employee license as provided above, shall be the following:

(1)

A color photograph of the applicant clearly showing the applicant's face.

(2)

A statement detailing the license 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 is seeking to operate, in this or any other county, city, state, or country has ever had a license, permit, or authorization to do business denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name, the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

(Ord. No. 98-20, § IV, 6-15-98)

(a)

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

(1)

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

(2)

The applicant is under the age of eighteen (18) years;

(3)

The adult 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 a particular provision of this article; or

(4)

The applicant has had an adult oriented business employee license revoked by the city within two (2) years of the date of the current application. If the adult oriented business employee license is denied, the temporary license previously issued shall be immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in section 23-540.

(b)

A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant as stated herein.

(c)

Within thirty (30) days after receipt of a completed adult oriented business application, the city shall approve or deny the issuance of a license to an applicant. The city shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

(1)

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

(2)

An applicant or a person with whom applicant is residing is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business.

(3)

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

(4)

An applicant has been denied a license by the city to operate a adult oriented business within the preceding twelve (12) months or whose license to operate an adult oriented business has been suspended or revoked within the preceding twelve (12) months.

(5)

The premises to be used for the Adult oriented business have not been approved by the fire department and the building official as being in compliance with applicable laws and ordinances.

(6)

The license fee required by this article has not been paid.

(7)

An applicant of the proposed adult oriented business is in violation of or is not in compliance with any of the provisions of this article.

(d)

The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the adult oriented business and the classification for which the license is issued pursuant to section 23-532. All licenses shall be posted in a conspicuous place at or near the entrance to the adult oriented business so that they may be easily read at any time.

(e)

The fire department and the building official shall complete their certification that the premises is in compliance or not in compliance with applicable laws and ordinances within thirty (30) days of receipt of the application by the city.

(f)

An adult oriented business license shall be issued for only one (1) classification as found in section 23-533.

(Ord. No. 98-20, § V, 6-15-98)

(a)

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

(b)

In addition to the application and investigation fee required above, every adult oriented business and an adult oriented business employee that is granted a license (new or renewal) shall pay to the city an annual non-refundable license fee of one thousand dollars ($1,000.00) within thirty (30) days of license issuance or renewal.

(c)

All license applications and fees shall be submitted to the city clerk of the city.

(Ord. No. 98-20, § VI, 6-25-98)

(a)

An applicant or licensee shall permit representatives of the police department, fire department, building official's department, and Marion County Health Department to inspect the premises of an adult oriented business for the purpose of insuring compliance with this article at any time the premises is open for business.

(b)

A person who operates an adult oriented business, or his agent or employee, commits a class C misdemeanor, punishable by a fine of five hundred dollars ($500.00), if the person refuses to permit such lawful inspection of the premises at any time it is open for business.

(Ord. No. 98-20, § VII, 6-15-98)

(a)

Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in section 23-534. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.

(b)

When the city denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial. If, subsequent to denial, the city finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final.

(Ord. No. 98-20, § VIII, 6-15-98)

(a)

The city shall suspend a license for a period not to exceed thirty (30) days if the city determines that a licensee or an employee of a licensee has:

(1)

violated or is not in compliance with any section of this article;

(2)

refused to allow an inspection of the adult oriented business premises as authorized by this chapter.

(Ord. No. 98-20, § IX, 6-15-98)

(a)

The city shall revoke a license if a cause of suspension in section 23-539 occurs and the license has been suspended within the preceding twelve (12) months.

(b)

The city shall revoke a license if the city determines that:

(1)

a licensee gave false or misleading information in the material submitted during the application process;

(2)

a licensee has knowingly allowed possession, use, or sale of controlled substances or alcoholic beverages on the premises;

(3)

a licensee has knowingly allowed prostitution on the premises;

(4)

a licensee knowingly operated the adult oriented business during a period of time when the licensee's license was suspended;

(5)

except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises.

(c)

When the city revokes a license, the revocation shall continue for one (1) year, and the licensee shall not be issued an adult oriented business license for one (1) year from the date the revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapse since the date the revocation became effective.

(d)

After denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.

(Ord. No. 98-20, § X, 6-15-98)

A license granted under this article shall be deemed non-transferable. A licensee shall not transfer or attempt to transfer his/her/its license to another, nor shall a licensee operate an adult oriented business under the authority of a license at any place other than the address designated on the license, or for the classification designated on the license.

(Ord. No. 98-20, § XI, 6-15-98)

Adult oriented businesses are prohibited from operating, locating, or otherwise conducting business in any zoning district other than the "I" Industrial District, as defined and described in the City of Salem Zoning Code, as amended from time to time. (See section 23-339).

(Ord. No. 98-20, § XII, 6-15-98)

(a)

Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article.

(b)

A person commits a class C misdemeanor (punishable by a fine of five hundred dollars ($500.00)) if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a adult oriented license, he rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he rents or subrents the same sleeping room again.

(c)

For purposes of subsection (b) of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.

(Ord. No. 98-20, XIII, 6-15-98)

(a)

A person who operates or causes to be operated an adult oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

(1)

Upon application for an adult oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and 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. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall be required; each diagram should be oriented to the north or to some identifiable street or object and should be drawn to a identifiable scale or 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 (6) inches. The city 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 city.

(4)

It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in 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 has two or more manager's stations identifiable, then the interior of the premises shall be configured in such 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 (1) 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 licensee to ensure that the view area specified in subsection (5) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been identifiable as an area in which patrons will not be permitted in the application filed pursuant to subsection (1) of this section.

(7)

No viewing room may be occupied by more than one (1) person at any time.

(8)

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access.

(9)

It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

(10)

No licensee shall allow openings of any kind to exist between viewing rooms or booths.

(11)

No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

(12)

The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

(13)

The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

(14)

The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used.

(b)

A person having a duty under subsections (1) through (14) of subsection (a) above commits a class C misdemeanor (punishable by a fine of five hundred dollars ($500.00)) if he knowingly fails to fulfill that duty.

(Ord. No. 98-20, § XIV, 6-15-98)

(a)

An escort agency shall not employ any person under the age of eighteen (18) years.

(b)

A person commits a class C misdemeanor (punishable by a fine of five hundred dollars ($500.00)) if the person acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years.

(Ord. No. 98-20, § XV, 6-15-98)

(a)

A nude model studio shall not employ any person under the age of eighteen (18) years.

(b)

A person under the age of eighteen (18) years commits an offense if the person appears semi-nude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under eighteen (18) years was in a restroom not open to public view or visible to any other person.

(c)

A person commits a class C misdemeanor (punishable by a fine of five hundred dollars ($500.00)) offense if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.

(d)

A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.

(Ord. No. 98-20, § XVI, 6-15-98)

(a)

It shall be a class C misdemeanor (punishable by a fine of five hundred dollars ($500.00)) for a person who knowingly and intentionally, in an adult oriented business, appears in a state of nudity or depicts specified sexual activities.

(b)

It shall be a class C misdemeanor (punishable by a fine of five hundred dollars ($500.00)) for an employee, while semi-nude in a adult oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while said employee is semi-nude in a adult oriented business.

(c)

It shall be a class C misdemeanor (punishable by a fine of five hundred dollars ($500.00)) for an employee, while semi-nude, to touch a customer or the clothing of a customer.

(Ord. No. 98-20, § XVII, 6-15-98)

A person commits a class C misdemeanor (punishable by a fine of five hundred dollars ($500.00)) if the person knowingly allows a person under the age of eighteen (18) years on the premises of an adult oriented business.

(Ord. No. 98-20, § XVIII, 6-15-98)

No adult oriented business, except for an adult motel, may remain open at any time between the hours of 1:00 a.m. and 8:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and 12:00 p.m. (noon) on Sundays.

(Ord. No. 98-20, § XIX, 6-15-98)

(a)

It is a defense to prosecution under section 23-547 that 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, community college, or university supported entirely or partly by taxation, or by a private college or university which maintains and operates educational programs in which credits are transferable to a college, community college, or university supported entirely or partly by taxation; and,

(2)

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 (3) days in advance of the class; and

(c)

where no more than one (1) nude model is on the premises at any one (1) time.

(Ord. No. 98-20, § XX, 6-15-98)

A person who operates or causes to be operated an adult oriented business without a valid license or in violation of section 23-542 of this article is subject to a suit for injunctive and/or declaratory relief in a court of competent jurisdiction, as well as prosecution for criminal violations. Such violations shall be deemed a class C misdemeanor punishable by a fine of five hundred dollars ($500.00). Each day an adult oriented business so operates is a separate offense or violation.

(Ord. No. 98-20, § XXI, 6-15-98)