G-592 - 05/13/1997 - LICENSE AGREEMENT - Ordinances ORDINANCE 97-LC-AU-G-592
AN ORDINANCE AMENDING CHAPTER 8
OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS
ENTITLED, "LICENSES" BY ADDING ARTICLE VIII,
"ADULT USES"
WHEREAS, upon review of the Minnesota Attorney General's report
entitled, "Report of the Attorney General's Working Group on the Regulation of
Sexually Oriented Businesses" which includes summaries of studies in
Minneapolis, St. Paul, Indianapolis, Phoenix and Los Angeles regarding the
impact of sexually oriented businesses on the community as well as being
informed of the findings of similar studies in other communities, the
corporate authorities of the Village of Oak Brook find that sexually oriented
businesses are associated with:
1) high crime rate areas;
2) deteriorated commercial and residential areas;
3) depreciation of property values in the area; and
4) dramatic changes in the character of the neighborhood when more
than one sexually oriented business is operating in a given area;
and
WHEREAS, the intent of the adult use regulations is to protect the
public health, safety and welfare by limiting the deleterious effects of
sexually oriented businesses on the use and enjoyment of property in adjacent
areas; and
WHEREAS, the corporate authorities recognize that the First Amendment to
the United States Constitution requires that the Village of Oak Brook "refrain
from effectively denying" expressive adult use operations a reasonable
opportunity to open and operate within the Village; and
WHEREAS, these regulations are meant as a narrow means to help
eliminate, or at least limit, the deleterious effects of adult uses on the
health, safety and welfare of the residents, business owners and property
owners in the Village of Oak Brook; and
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That Chapter 8 entitled, "Licenses" of the Code of
Ordinances of the Village of Oak Brook is amended by adding Article VIII,
"Adult Uses" which shall read as follows:
"ARTICLE VIII. ADULT USES
Ordinance 97-LC-AU-G-592
Amending Chapter 8, Adult
Uses, Page 2
DIVISION 1. GENERALLY
Section 8-212. Definitions.
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 bookstore means an establishment having, as a substantial portion
of its sales or stock in trade, books, magazines, films for rent, sale
or for viewing on the premises by use of motion picture devices or by
coin-operated means, and periodicals which are distinguished or
characterized by their emphasis on matter depicting, describing or
relating to "specified sexual activities," or "specified anatomical
areas" as defined in this section, or an establishment with a segment or
section devoted to the sale or display of such materials; or an
establishment that holds itself out to the public as a purveyor of such
materials based upon its signage, advertising, displays, actual sales,
presence of video preview or coin-operated booths, exclusion of minors
from the establishment's premises or any other factors showing the
establishment's primary purpose is to purvey such material.
Adult entertainment cabaret means an establishment offering to its
patrons, as entertainment, any exhibition or display, or any theatrical
or other live performances which include topless or go-go dancers,
exotic dancers, strippers, male or female impersonators, or similar
entertainers, or any persons singing, reading, posing, modeling, or
serving food or beverages, where the exhibition, performance, display or
dance is intended to sexually arouse the entertainer or the patrons, or
where the attire of persons involved is such as to expose "specified
anatomical areas", as defined in this section.
Adult motion picture theater means an enclosed building, regardless of
its seating capacity, which is used to present for public view on the
premises, films, movies, previews, trailers or advertisements which are
distinguished by their emphasis on matter depicting, describing or
relating to "specified sexual activities" or" specified anatomical
areas", as defined in this section.
Adult use means and includes adult bookstores, adult entertainment
cabarets, and adult motion picture theaters, as defined in this section.
Specified anatomical areas means:
(1) Less than completely and opaquely covered: human genitals, pubic
region, or pubic hair; buttocks; and female breasts below a point
immediately above the top of the areola; and
(2) Human male genitals in a discernible turgid state, even if
completely opaquely covered.
Ordinance 97-LC-AU-G-592
Amending Chapter 8, Adult
Uses, Page 3
Specified sexual activities mean:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts or representations of acts of human masturbation, sexual
intercourse or sodomy, bestiality, oral copulation or
flagellation;
(3) Fondling or erotic touching of human genitals, pubic region,
buttock or female breast;
(4) Excretory functions as part of or in connection with any
activities set forth in paragraphs (1) through (3) of this
definition.
Section 8-213. Conditions and regulations governing operation;
violation; penalty.
(a) The following regulations shall govern and control the business of
operating an adult use in the Village:
(1) No person under 21 years of age shall be allowed on the
licensed premises.
(2) At all times during the hours of operation there shall be
present a manager or other employee of the licensee who
shall be not less than 21 years of age.
(3) Upon a change of any manager conducting business for the
licensee, the licensee shall within ten regular business
days, give the Village Clerk written notice of such change
by actual delivery or by registered or certified mail. The
licensee shall, thereafter, as promptly as practicable, but
in any event within five regular business days, provide the
information concerning the new manager which is required in
Section 8-232.
(4) No adult use shall be located on premises for which a
license to sell alcoholic liquor has been issued, and no
alcoholic liquor shall be permitted on such premises.
(5) No adult use shall be permitted unless the premises on which
such business is located complies with the requirements of
the zoning ordinance.
(6) No licensee or manager under the provisions of this article
shall knowingly permit any person to remain in or upon
licensed premises who commits any act of public indecency or
obscenity as set forth respectively in Sections 9-25 and
9-26 of this Code.
Ordinance 97-LC-AU-G-592
Amending Chapter 8, Adult
Uses, Page 4
(7) No licensee or manager under the provisions of this article
shall permit any act of prostitution, solicitation for
prostitution or patronization of a prostitute on the
licensed premises.
(8) No sign shall be posted on the licensed premises which
depicts, displays or refers to specified anatomical areas or
specified sexual activities, as defined in this article.
(b) In addition to the requirements established in subsection (a) of
this section, the following regulations shall govern and control
the operation of an adult bookstore which offers any films or
videotapes for viewing on premises by use of motion picture
devices or other such operations means:
(1) All viewing areas, which shall be defined as the area where
a patron or customer would ordinarily be positioned while
watching a film or viewing device, shall be visible from a
continuous main aisle or public room and shall not be
obscured by any curtain, door, wall or other enclosure.
(2) There shall be no aperture whatsoever in any wall or
partition between viewing areas.
(3) Each viewing area shall be lighted at a minimum level of ten
footcandles in all parts thereof.
(c) In addition to the requirements established in subsection (a) of
this section, the following regulations shall govern and control
the operation of an adult entertainment cabaret:
(1) All performers shall be at least 21 years of age.
(2) All performances, exhibitions or displays shall take place
on a platform raised at least two feet from the level of the
floor, and located at least ten feet from any patron.
(3) No performer shall fondle or caress any patron or other
performer, and no patron shall fondle or caress any
performer.
(4) No patron shall be permitted to pay or give any gratuity to
any performer, and no performer shall solicit any pay or
gratuity from any patron.
(d) It shall be unlawful for any person licensed to engage in the
business of operating an adult use within the village to fail to
comply with the conditions and regulations set forth in subsection
(a) , (b) or (c) of this section as they are applicable to the
licensed business, or to suffer or permit noncompliance with such
Ordinance 97-LC-AU-G-592
Amending Chapter 8, Adult
Uses, Page 5
conditions and regulations on or within the licensed premises. In
this regard, any act or omission of an employee shall be deemed
the act or omission of the owner if such act or omission occurred
either with the authorization, knowledge or approval of the owner
or as a result of the owner's negligent failure to supervise the
employee's conduct. All conduct occurring while on the premises
shall be presumed to be the responsibility of the owner.
(e) Any person convicted of a violation of this section shall be
subject to a fine pursuant to Section 1-8 of this Code.
Sections 8-214 - 230. Reserved.
DIVISION 2. LICENSE
Section 8-231. Required.
It shall be unlawful for any person to engage in the business of
operating an adult use in the Village without first having obtained a
license therefor from the Village Clerk.
Section 8-232. Application; standards for issuance.
(a) Application for an adult use license shall be made in writing and
shall state the following:
(1) The name, address, telephone number and age of the applicant
and the registered agent of the applicant if the applicant
is a corporation.
(2) The location of the adult use business.
(3) The exact nature of the adult use to be conducted and of the
proposed place of business and the facilities related
thereto.
(4) A statement by the applicant that he is familiar with the
provisions of this article and is in compliance with them.
(5) A statement of whether the business will be conducted by a
manager and, if so, the name, address, telephone number and
age of each such manager.
(6) A statement that no manager or principal operating the
business has been convicted of any offense of prostitution,
soliciting for prostitution, or obscenity or public
indecency within the last two years, and that the applicant
has not had any license for an adult use in any other
community revoked within the last two years.
Ordinance 97-LC-AU-G-592
Amending Chapter 8, Adult
Uses, Page 6
(7) A completed fingerprint card of all applicants, principals
and managers listed on the application.
(8) Such additional information or identification as the Village
deems necessary in order to establish the character of the
applicant.
(b) Within 15 days after receipt of an application for an adult use
license, the Village shall investigate the information contained
in the application and shall determine the following:
(1) That the premises designated by the applicant as the
location of the business are in full compliance with all
applicable ordinances of the Village, including zoning
ordinances.
(2) That the premises and each manager and employee comply with
the provisions of Section 8-213 as such provisions apply to
them.
(3) That the applicant, each manager and each employee is over
21 years of age.
(4) That no manager or principal operator of the business has
been convicted of any offense of prostitution, solicitation
for prostitution, or obscenity or public indecency within
the last two years, and that the applicant has not had any
license for an adult use revoked within the last two years.
(c) If the investigation shows the compliance of the applicant for an
adult use license, the premises upon which the business is to be
conducted, and each manager and employee, if applicable, with each
of the requirements established in subsection (b) of this section,
and with the conditions and regulations set forth in Section 8-
213, within 15 days after completion of such investigation, the
village clerk shall issue a license, and upon payment by the
applicant of the license fee required under this article, the
license shall be issued.
(d) If the investigation shows that the applicant for an adult use
license, the premises on which the business is to be conducted, or
the managers and employees, if applicable, do not comply with each
of the requirements established in subsection (b) of this section,
and with the conditions and regulations set forth in Section 8-
213, within 15 days after completion of such investigation, the
Village Clerk shall notify the applicant in writing that the
license has been denied. Such denial shall be the final
administrative action of the Village with respect to the license
application, and shall be subject to the immediate appeal by the
applicant to the circuit court.
Ordinance 97-LC-AU-G-592
Amending Chapter 8, Adult
Uses, Page 7
Section 8-233. Fee; term; renewal; transferability_
(a) The fee for the license required by Section 8-231 shall be $500
per year, and such license shall be valid from January 1 to
December 31.
(b) Any license issued under this article shall be renewable under the
same terms and conditions established in this article for initial
issuance of a license.
(c) Any license issued pursuant to this article shall be applicable
only to the specific licensee and located designated, and may not
be sold, transferred, or otherwise assigned.
Section 8-234. Suspension or revocation.
Nothing in the terms of this article shall preclude the right of the
Village President to suspend or revoke the license of the licensee, as
follows:
(1) The Village President may temporarily suspend any license issued
under the terms of this article when he or she has reason to
believe that the continued operation of a particular licensed
premises will immediately threaten the welfare of the community or
create an imminent danger of violation of applicable law. In such
case, the Village President may, upon the issuance of a written
order stating the reason for such determination, and without
notice or hearing, order the licensed premises closed for not more
than seven days; provided, that the licensee shall be given an
opportunity to be heard in a public hearing during the seven-day
period, and further provided that if such licensee shall also be
engaged in the conduct of other business on the licensed premises,
such order shall not be applicable to such other businesses.
(2) The Village President may suspend or revoke any license issued
under the terms of this article upon ten days' notice to the
licensee of the time and place of a public hearing, and a public
hearing at which the licensee may appear and present evidence, if
the Village President determines upon such hearing that the
licensee has failed or refused to comply with the terms of this
article, has failed or refused to comply with other law applicable
to the business of operating an adult use, has knowingly permitted
the failure of any manager or employee on the premises to comply
with the terms of this article or with other law applicable to the
business of operating an adult use, has knowingly furnished false
or misleading information on any application required for any
license under this article or has suffered or caused another to
furnish or withhold such information on his or her behalf, or has
been convicted by a court of competent jurisdiction of a violation
of any provision of this article.
Ordinance 97-LC-AU-G- 592
Amending Chapter 8, Adult
Uses, Page 8
Section 8-235 - 8-250. Reserved."
Section 3: That this ordinance shall be in full force and effect from
and after its passage, approval and publication as required by law.
Section 4: That the Village Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form in the manner provided by law.
PASSED THIS 13th day of May, 1997.
Ayes: Trustees Caleel, Kenny, McInerney, Savino and Shumate
Nays: None
Absent: Trustee Bartecki
Abstain: None
APPROVED THIS 13th day of May, 1997.
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' illage President
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Approved as to Form:
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Village Attorney
Published 5-14-97 Pamphlet form
Date Paper
Not Published