(A)   Purpose.

      (1)   The purpose of this subchapter is to regulate adult businesses in order to promote the health, safety and general welfare of the citizens of the village and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult uses within the village.

      (3)   Similarly, it is neither the intent nor effect of this subchapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment to the United States Constitution or Art. I, § 4, of the State Constitution, or to deny access by the distributors and exhibitors of adult- oriented entertainment to their intended market.

      (4)   Neither is it the intent, nor effect, of this chapter to condone or legitimize the distribution of obscene material.

   (B)   Findings.

      (1)   Adult and adult-oriented businesses, as defined herein, should be regulated.

      (2)   They should be segregated from one another and from houses of worship, schools, parks and residential neighborhoods to protect the public health, welfare and safety because, inter alia, adult-oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects, including, but not limited to, personal and property crimes, illicit and unsanitary sexual activity, illicit drug use, decreased desirability of and negative impacts on the use of surrounding properties, blight, litter and sexual assault and exploitation.

      (3)   The village has a substantial government interest in preventing each of the aforementioned adverse effects.

(Prior Code, § 20-1601) (Ord. 1494, passed 8-7-2007; Ord. 1699, passed 3-17-2014)

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

   ADULT BOOK/VIDEO STORE. An establishment having 20% or more of its stock in trade in books, magazines or other periodicals, films, videos, DVDs (for rent or sale) or other visual media or viewing on premises, but not viewing booths which are prohibited below, which are distinguished or characterized by their principal emphasis on matters depicting describing, or relating to nudity, explicit sexual conduct (whether auto-erotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activities or specified anatomical areas.

   ADULT BUSINESS/ADULT-ORIENTED BUSINESS. Any establishment having as a substantial or significant portion of its stock in trade or business activity in a use such as, but not limited to, the following: adult book stores; adult motion picture theaters; adult entertainment centers; adult nightclubs or adult spas, where specific anatomical areas are displayed, explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.

   ADULT ENTERTAINER. Any individual who engages in the activities defined below under “adult nightclub”, and who receives a salary, wages, tips, gratuities or other remuneration (either from patrons of a business, or from the owner, operator and/or his or her assigns, partners, employees or agents of that business) for engaging in such activities.

   ADULT ENTERTAINMENT BUSINESS. See ADULT BUSINESS.

   ADULT ENTERTAINMENT CABARET. See ADULT NIGHTCLUB.

   ADULT MOTION PICTURE THEATER. An establishment with a capacity of 50 or more persons, used regularly and routinely for the viewing of motion pictures having as a dominant theme material distinguished or characterized by their principal emphasis on matters depicting, describing or relating to nudity, explicit sexual conduct or specified anatomical areas for observation by patrons therein.

   ADULT NIGHTCLUB. A public or private establishment, which is licensed to serve food or alcoholic beverages, which features dancers or waitresses, or strippers, go-go dancers, exotic dancers, male or female impersonators, or similar entertainment, or where explicit sexual conduct is depicted and/or sexual activities explicitly or implicitly encouraged or implied.

   ADULT NOVELTY STORE. An establishment having at least 20% of its stock in trade in devices, clothing, novelties, lotions and other items which are distinguished or characterized by their principal emphasis on or use for explicit sexual activities or specific anatomical areas.

   ADULTS ONLY. Any items or activities for persons 18 years of age or older emphasizing, depicting, describing or relating to nudity, explicit sexual conduct (whether auto-erotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activities or specified anatomical areas.

   ADULT SPA OR SAUNA. An establishment primarily in the business of providing massage services and/or steam baths, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated. Such establishments and all masseuses employed at such establishments shall be licensed in accordance with state regulations.

   ADULT SUPER CENTER. An establishment having any combination of the adult-oriented businesses defined in this subchapter.

   BODY SHOP or MODEL STUDIO. A public or private establishment where for any form of consideration or gratuity, models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by persons paying such consideration or gratuity, or where for any form of consideration or gratuity, nude or semi-nude dancing, readings, counseling sessions, body painting and other activities that present materials distinguished or characterized by an emphasis on matters depicting, describing or relating to nudity, explicit sexual conduct or specific anatomical areas are provided for observation by or communication to persons paving such consideration or gratuity.

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

   NUDE/NUDITY. The display of the human male or female genitalia, pubic hair, perineum, anal or pubic regions, female breast with no covering or with less than fully opaque covering. Any person insufficiently clothed in any manner so that any of the following body parts are not entirely covered with a fully opaque covering (body paint, body dyes, liquid latex and similar substances shall not be considered opaque coverings):

      (1)   The male or female genitals;

      (2)   The male or female anal or pubic areas;

      (3)   Pubic hair;

      (4)   The female breast (at or below the areola); or

      (5)   The buttocks (attire which is considered insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs and thongs).

   RAP PARLOR. An establishment or place primarily in the business of providing non-professional conversation or similar services for adults, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.

   RESIDENCE. Any structure used by one or more persons as a dwelling.

   SEXUAL ACTIVITY/CONDUCT. Any of the following conditions:

      (1)   Human genitals in the state of sexual stimulation or arousal;

      (2)   Acts or representation of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation;

      (3)   Fondling or erotic touching of human genitals, anal or pubic region, buttock or female breast; and

      (4)   Excretory functions as part of or in connection with any activities set forth in divisions (1) through (3) above.

   SEXUAL OR GENITAL AREA. A term used to include the genitals, pubic area, anus or perineum of any person, or the vulva or breasts of a female.

   SPECIFIED ANATOMICAL AREAS. Any of the following conditions:

      (1)   Less than completely and opaquely covered:

         (a)   Human genitals, pubic region or pubic hair;

         (b)   Anus and/or buttock; and

         (c)   Female breast below a point immediately above the top of the areola.

      (2)   Human male genitals in a discernibly turgid state even if completely and opaquely covered.

   VIEWING BOOTH. Any booth, cubical, room or stall within the premises of an adult oriented business used to display by audio or visual reproduction, projection or other means, any of the specified anatomical areas as defined above.

(Prior Code, § 20-1602) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014)

   Adult business shall be permitted within the PB Districts and shall be special uses within the HB, HI and LI Zoning Districts, and shall be subject to the following restrictions.

   (A)   No adult business shall be permitted within 650 feet of another existing adult business.

   (B)   No adult business shall be located within 650 feet of any residentially classified zoning district, including single-family residential, multi-family residential and mobile home residential.

   (C)   No adult business shall be located within 650 feet of an existing school, place of worship, park, library, day care center or playground.

(Prior Code, § 20-1603) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014) Penalty, see § 154.999

   For the purpose of this subchapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the adult business to the nearest property line of a school, place of worship, park, library, playground, day care center, district zoned for residential use or another adult use.

(Prior Code, § 20-1604) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014)

   (A)   It shall be unlawful for any person, firm or corporation to engage in, conduct or carry on or to permit to be engaged in, conducted or carried on, in or upon any premise within the village, the operation of an adult oriented business, without first having obtained a license for such adult business.

   (B)   Every applicant for a license to maintain, conduct or conduct an adult business shall file an application upon the form provided by the Village Clerk furnishing the following information:

      (1)   The applicant’s name;

      (2)   The applicant’s permanent home address, length of residency and, if less than three years, previous address;

      (3)   The applicant’s age and marital status and, if married, the name of his or her spouse;

      (4)   The name and address of the person, firm, corporation, partnership or association with whom the applicant is employed or represents; and the length of time of such employment or representation;

      (5)   Name and address of the applicant’s employer during the past three years, if different from the present employer;

      (6)   The date or approximate date, the most recent application for license for an adult business, if any, was made by the applicant;

      (7)   A statement of whether a license for an adult business issued to the applicant under this section has been revoked;

      (8)   The name of the business, the business location and legal description of the property and a description of the type of adult business;

      (9)   A sketch or diagram showing the configuration of the premises, including a statement of the total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but shall 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;

      (10)   A statement of each and every conviction for violation of any provision of this section or any other code of any other Illinois municipality or other local government entity regulating adult businesses;

      (11)   A statement of the criminal record of the applicant, excluding traffic records;

      (12)   A signed statement stating the name and address of the statutory agent or other agent authorized to receive service of process; and

      (13)   Each applicant shall pay the application fee as denominated in § 110.03 of this code of ordinances.

   (C)   All statements made with respect to the application or in connection therewith shall be verified and shall be made under oath by the applicant.

   (D)   The Chief of Police shall keep on file an accurate record of every application received and acted upon, together with all other information and data pertaining thereto and all licenses for adult businesses issued under the provisions of this section and of the denial of any such applications.

   (E)   No license for an adult business shall be issued to any person who has been convicted of the commission of any felony under the laws of this or any other state or federal law, within five years prior to the date of application; nor to any person who has been convicted of a misdemeanor, in any jurisdiction, involving misrepresentation, deceit or an omission of any material fact in any commercial transaction; nor to any person who has been convicted of a violation of any of the provisions of this section; nor to any person whose license for an adult business issued hereunder has previously been revoked has herein provided.

(Prior Code, § 20-1605) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014) Penalty, see § 154.999

   (A)   Temporary license.

      (1)   Upon the filing of a completed application for an adult business license, the Chief of Police shall issue a temporary license to the applicant.

      (2)   The temporary license shall expire upon the final administrative decision of the village to deny or grant a license.

      (3)   Within 30 days after the receipt of a completed application, the Chief of Police shall either issue a license or issue a written notice of intent to deny a license.

   (B)   Reasons for refusal to grant a license. The Chief of Police shall approve the application and grant an adult business license, unless one or more of the following is true:

      (1)   An applicant is less than 18 years of age;

      (2)   An applicant has failed to provide the information required by § 154.174 of this chapter or has provided false information on the application;

      (4)   The applicant failed to pay the license application fee; or

      (5)   The applicant has a license under this part that has been revoked within the previous year.

   (C)   License term and restrictions.

      (1)   The granting of a license to a licensee for an adult business shall be for one year and shall begin on May 1 and continue through April 30. Applications granted after May 1 of any given year shall be effective for less than a full year and shall continue through April 30.

      (2)   The license fees of those licenses granted after May 1 of the calendar year shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of the license.

      (3)   The license is non-transferable to any other person other than the applicants listed on the application, and is valid only for the location listed on the application.

   (D)   Renewal of license.

      (1)   The licensee who has been granted a license to operate an adult business, and who wishes to renew a license shall:

         (a)   File a renewal application of its license on the form provided by and sent to the licensee by the village before April 30; and

         (b)   Follow all conditions of § 154.174 of this chapter.

      (2)   Upon application for renewal, the licensee shall pay annual business registration fee and the corresponding license see as denominated in § 154.176(A) of this chapter.

(Prior Code, § 20-1606) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014)

   (A)   The following schedule of annual fees, excluding the one-time application fee, for the various procedures outlined in this subchapter are intended to defray administrative costs connected with such procedures, and do not constitute a tax or other revenue-raising device.

      (1)   Application fee: $100, non-refundable, to be paid upon submission of the license application;

      (2)   Business registration fee: $25;

      (3)   Adult book/video store license: $1,000;

      (4)   Adult motion picture theater license: $1,000;

      (5)   Adult nightclub license: $1,000 (plus any applicable liquor license);

      (6)   License for adult novelty store: $1,000;

      (7)   License for adult spa/sauna: $1,000;

      (8)   License for adult super center:

         (a)   Two thousand two hundred and fifty dollars for up to two adult businesses;

         (b)   Three thousand five hundred dollars for up to three adult businesses; and

         (c)   Five thousand dollars for four or more adult businesses.

   (B)   Upon issuance of a license, said license shall be prominently displayed in a conspicuous place within the adult business so that the license may be readily seen by persons entering the premises.

   (C)   The increased fee for a late payment of the registration fee will be the same as other business registration fees in the village and can be found at § 154.172 of this chapter.

   (D)   In the event a licensee fails to pay the license fee prior to April 30 of the calendar year, the license shall be suspended and all licensed business shall cease until and unless the licensee pays the license fee to the village. The suspension of a license, as provided for in this division (D), shall be exempt from the notice and other provisions found in § 154.181 of this chapter.

(Prior Code, § 20-1607) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014)

   (A)   Any person who shall serve as an entertainer at a place for live adult entertainment shall apply, in writing, to the Village Clerk, upon a form to be furnished by the Village Clerk.

   (B)   The form shall require the following information:

      (1)   The name, address, telephone number, Social Security number and date of birth of the entertainer;

      (2)   The entertainer’s previous addresses for the ten years prior to the filing of the application;

      (4)   The entertainer’s previous employers for the ten years prior to the filing of the application;

      (5)   The applicant must also execute a waiver and a release permitting the village and its investigator to secure information from the applicant’s previous employers. Moreover, the applicant must appear at the Police Department for fingerprinting;

      (6)   The applicant’s mental health history for the ten years prior to the filing of the application;

      (7)   The names, address and telephone numbers of any and all other live adult entertainment businesses in which the applicant is a partner, an employee, an entertainer, a stockholder, a sole proprietor, affiliated or associated as either an owner or an operator;

      (8)   The applicant must also present two forms of photographic identification;

      (9)   The applicant must provide written statements from not less than three bona fide residents of the city, setting forth that the applicant is of good moral character; and

      (10)   A certificate from a medical doctor designating that the applicant has, within the 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable diseases, including, but not limited to, venereal disease, HIV, hepatitis or other such diseases.

(Prior Code, § 20-1608) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014)

   (A)   It shall be unlawful for any person under the age of 18 years of age to be employed in any capacity within an adult business.

   (B)   It shall be unlawful for anyone under the age of 18 years of age to patronize or enter an adult business.

(Prior Code, § 20-1609) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014) Penalty, see § 154.999

   (A)   To ensure compliance with the specific regulations of this subchapter, adult businesses licensees and their employees shall permit officers or agents of the village to inspect, from time to time on an occasional basis, portions of the adult business premises where patrons are permitted, during those times when the adult business is occupied by patrons or is open for business.

   (B)   The village shall construe this section narrowly to authorize reasonable inspections of the permitted premises pursuant to this subchapter, but not to authorize a harassing or excessive pattern of inspections.

(Prior Code, § 20-1610) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014)

   Each license shall expire on April 30 and may be renewed only by filing an application as provided in § 154.175(D) of this chapter.

(Prior Code, § 20-1611) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014)

   (A)   The village shall issue a written notice of intent to suspend a license for a period not to exceed 30 days, if a licensee has knowingly violated any section of this subchapter, or has knowingly allowed an employee of the adult business to violate this subchapter.

   (B)   The issuance of a written notice of intent to suspend shall not be a prerequisite to the issuance of a written notice of intent to revoke a license per § 154.182 of this chapter.

   (C)   The license shall also be suspended, for failure to pay the license fee prior to April 30 of the calendar year, as enumerated in § 154.176(D) of this chapter.

(Prior Code, § 20-1612) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014)

   (A)   The village shall issue a written notice of intent to revoke an adult business license, if a cause of suspension in § 154.181 of this chapter occurs, and the license has been suspended within the preceding 12 months.

   (B)   The village shall issue a written notice of intent to revoke an adult business license, if a licensee:

      (1)   Provided false information in conjunction with the application for the adult business license;

      (2)   Allowed possession, use or sale of controlled substances on the premises;

      (3)   Allowed prostitution on the premises;

      (4)   Operated the adult business during a period of time when the licensee’s license was suspended; and

   (C)   When, after the notice and hearing procedure described in § 154.183 of this chapter, the village revokes a license, the revocation shall continue for one year.

   (D)   The licensee shall not be issued a license for one year from the date the revocation becomes effective; provided that, if the conditions of § 154.183(D) of this chapter are met, a provisional license will be granted.

(Prior Code, § 20-1613) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014)

   (A)   Notice.

      (1)   If facts exist for denial, suspension or revocation of a license under this subchapter, the Chief of Police shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend or revoke the license, including the grounds thereof, by personal, delivery or certified mail.

      (2)   The notification shall be directed to the most current business address on file with the Chief of Police.

      (3)   Within five working days of receipt of such notice, the respondent may provide to the Chief of Police, in writing, a response that shall include a statement of reasons why the license should not be denied, suspended or revoked.

      (4)   Within three days of the receipt of respondent’s written response, the Board Trustees shall notify respondent in writing of the hearing date on respondent’s denial, suspension or revocation proceeding.

   (B)   Hearing. At the next regularly scheduled meeting of the Board of Trustees after receipt of respondent’s written response, the Board of Trustees shall conduct a hearing, at which respondent shall have the opportunity to be represented by counsel, and to present evidence and witnesses on his or her behalf.

   (C)   Decision.

      (1)   The Board of Trustees shall issue a written opinion and decision within five days of the hearing.

      (2)   (a)   If a response is not received by the Board of Trustees in the time provided or, if after a hearing, the Board of Trustee finds that grounds as specified in this subchapter exist for denial, suspension or revocation, then such denial, suspension or revocation shall become final five days after the Board of Trustees sends, by certified mail, written notice that the license has been denied, suspended or revoked.

         (b)   Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to a court of competent jurisdiction.

      (3)   If the Board of Trustees finds that no grounds exist for denial, suspension or revocation of a license, then within five days after the hearing, the Board of Trustees shall withdraw the intent to deny, suspend or revoke the license, and shall so notify the respondent in writing by certified mail of such action, and shall contemporaneously issue the license.

   (D)   Appeal and provisional license.

      (1)   When a decision to deny, suspend or revoke a license becomes final, the applicant or licensee (aggrieved party) whose application for a license has been denied, or whose license has been suspended or revoked, shall have the right to appeal such action to a court of competent jurisdiction.

      (2)   Upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin the village’s enforcement of the denial, suspension or revocation, the village shall immediately issue the aggrieved party a provisional license.

      (3)   The provisional license shall allow the aggrieved party to continue operation of the adult business or to continue employment as an adult business employee, as the case may be, and will expire upon the court’s entry of a judgment on the aggrieved party’s action to appeal, challenge, restrain or otherwise enjoin the village’s enforcement.

(Prior Code, § 20-1614) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014)

   No adult business shall be open to the public between the hours of 12:00 midnight and 5:00 a.m. of each day, including those adult businesses licensed to sell alcoholic beverages.

(Prior Code, § 20-1615) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014) Penalty, see § 154.999

   (A)   In addition to the sign regulations listed in §§ 154.145 through 154.158 of this chapter, all signs for adult businesses shall comply with the following: window displays advertising adult products or depicting any adult theme shall be prohibited.

(Prior Code, § 20-1616) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014) Penalty, see § 154.999

   (A)   A person who operates or causes to be operated a sexually oriented business shall not exhibit on the premises, in any form, a viewing booth, as defined above.

   (B)   This section is not intended to prohibit adult motion picture theaters, as defined above.

(Prior Code, § 20-1617) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014) Penalty, see § 154.999

   (A)   Any adult entertainer performing, dancing or otherwise employed by an adult nightclub shall not be nude, as defined above.

   (B)   At all times shall an adult entertainer cover his or her genital area, as defined above.

(Prior Code, § 20-1618) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014) Penalty, see § 154.999

   (A)   Where any provision or offense herein fails to state a necessary level of culpability to establish a violation or liability, the offense shall be established upon a showing that the person acted knowingly or recklessly with regard to the predicate act.

   (B)   Notwithstanding anything to the contrary, for the purposes of this subchapter, an act by an employee shall be imputed to the adult business licensee to establish a violation of this subchapter, or to deny, suspend or revoke a license, only if a licensee allowed, either knowingly or recklessly, a violation of this subchapter to occur.

   (C)   It shall be a defense to liability that the adult business licensee was powerless to prevent the violation.

(Prior Code, § 20-1619) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014)

   (A)   In the event that a government official is required to take an act or to do a thing pursuant to this subchapter within a prescribed time, and fails to take such act or to do such thing within the time prescribed, such failure shall not prevent the exercise of constitutional rights of an applicant or licensee.

   (B)   If the act required of the official under this subchapter, but not completed in the time prescribed, includes approval of condition(s) necessary for the village’s approval of an application for an adult business license (including a renewal), the applicant or license shall be deemed to have satisfied the condition(s) for which approval was sought.

(Prior Code, § 20-1620) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014)