G-529 - 01/25/1994 - VILLAGE CODE - Ordinances ORDINANCE 94-AL-RR-G- 529
AN ORDINANCE AMENDING SECTION 3-30 OF THE
CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK
("SOLICITING FOR PROSTITUTION AND THE PURCHASE
OF BEVERAGES PROHIBITED IN LICENSED PREMISES; NUDITY
AND TABLE DANCING PROHIBITED IN LICENSED PREMISES")
WHEREAS, pursuant to the Illinois Liquor Control Act of 1934, 235 ILCS
5/1-1 et seq. , the Village of Oak Brook has the authority to regulate the sale
of alcoholic beverages within the Village; and
WHEREAS, the Twenty-First Amendment of the United States Constitution
confers to the states the authority to regulate and prohibit the use of
alcoholic beverages; and
WHEREAS, pursuant to certain provisions of the Illinois Liquor Control
Act of 1934, the 'Village of Oak Brook has the authority to exercise the power
which was conferred upon the State of Illinois by the Twenty-First Amendment
to the United States Constitution to regulate and prohibit the sale of
alcoholic beverages; and
WHEREAS, this ordinance is enacted pursuant to the power and authority
which the Village of Oak Brook has under the Twenty-First Amendment to the
United States Constitution, and the Illinois Liquor Control Act of 1934.
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: Section 3-30 of the Code of Ordinances of the Village of Oak
Brook shall be and hereby is amended to read as follows:
"Section 3-30. Soliciting for Prostitution, the Purchase of
Beverages Prohibited in Licensed Premises;
Nudity and Table Dancing Prohibited in Licensed
Premises.
(a) No holder of a liquor license, its agent or employee shall allow,
permit or suffer to maintain on the Licensed Premises any person who
engages in an act which constitutes soliciting for a prostitute or
soliciting for a juvenile prostitute as defined in 720 ILCS 5/11-15 and
720 ILLS 5/11-15.1. No holder of a liquor license, its agent or
employee shall commit any act which constitutes keeping a place of
prostitution as set forth in 720 ILCS 5/11-17 on the Licensed Premises.
94-AL-RR-G-529
Amending Section 3-30
Relative to Solicitation
Page 2
(b) No holder of a liquor license, its agent or employee shall allow,
permit or suffer to remain on the Licensed Premise any person who
solicits any customer or patron of the Licensed Premises to purchase
alcoholic or non-alcoholic beverages.
(c) No holder of a liquor license, its agent or employee shall allow or
permit any employee or contractor who performs any dance or exhibition
on the Licensed Premises to solicit or accept payment of money or other
valuable consideration from any customer or patron of the Licensed
Premises for such performance.
(d) No holder of a liquor license, its agent or employee shall employ
or contract with any person to engage in any live act, dance or
exhibition on the Licensed Premises in any room or area where alcoholic
beverages are sold, dispensed, or delivered unless such act,
demonstration, dance or exhibition is performed on a single continuous
stage which has an area of not less than 100 square feet and which, if
circular, has a radius of not less than six feet and which, if square or
rectangular, has a width at its smallest point of not less than ten
feet.
(e) No holder of a liquor license, its agent or employee shall allow,
permit or suffer any person to engage in any live act, demonstration,
dance, exhibition or appearance on the Licensed Premises which exposes
to public view:
(1) His or her genitals, pubic hair, buttocks, perineum and anal
region or pubic hair region; or
(2) Any device, costume or covering (including latex, plastic or other
substances) which gives the appearance of or simulates the
genitals, pubic hair, buttocks, perineum, anal region or pubic
hair region; or
(3) Any portion of the female breast below the top of the areola, or
any simulation thereof.
For purposes of this section, any of the items described in subsections
(1) through (3) shall be considered exposed to public view if it is
uncovered or is less than completely and opaquely covered.
Section 3: If any section, subsection, sentence, clause or phrase of
this ordinance or the application thereof to any person or circumstance is,
for any reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portions of this ordinance or the application of such portion to
other persons or circumstances.