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2004-0590 ORDINANCE NO. 2004- 59 0 AN ORDINANCE ADDING CHAPTER 5.70, ADULT USE LICENSES, TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, sexually oriented businesses require special supervision in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens of the communities where they locate; and WHEREAS, the Village Corporate Authorities find that sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature; and, the concern over sexually transmitted diseases is a legitimate health concern of the Village that demands reasonable regulation of sexually oriented businesses in order to protect the health and well -being of the citizens; and WHEREAS, licensing is a legitimate means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations, and to ensure that operators do not allow their establishments to be used as places of illegal sexual activity or solicitation; and WHEREAS, there is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; and WHEREAS, it is recognized that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and WHEREAS, the Village Corporate Authorities wants to prevent these adverse effects and thereby protect the health, safety and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance that addresses the secondary effects of sexually oriented businesses as well as the health problems associated with such businesses; and WHEREAS, it is not the intent of the Village Corporate Authorities to condone or legitimize the distribution of obscene materials, and the Corporate Authorities recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages state enforcement officials to enforce state and federal obscenity statutes against any such illegal activities in the Village of Buffalo Grove. 0 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE AND COOK COUNTIES, ILLINOIS, as follows: Section 1. The provisions of the preamble are incorporated into this ordinance. Section 2. Chapter 5.70 entitled "Adult Use Licensing Ordinance" is hereby added to the Village of Buffalo Grove Municipal Code to read as follows: CHAPTER 5.70 ADULT USE LICENSING Section 5.70.010 Short Title Section 5.70.020 Definitions Section 5.70.030 Adult Use Commissioner Section 5.70.040 Adult Establishment Licenses - Generally Section 5.70.050 Form and Submittal of License Application Section 5.70.060 Processing of License Application Section 5.70.070 Premise Restrictions Section 5.70.080 Standards for Issuance or Denial of License Section 5.70.090 Inspections by the Village Section 5.70. 100 Change in Information Section 5.70.110 Regulations Applicable to All Adult Entertainment Establishments Section 5.70.120 Special Regulations for Adult Booths Section 5.70.130 Special Regulations for Adult Cabarets Section 5.70.140 Special Regulations for Adult Stores Section 5.70.150 Special Regulations for Adult Theaters Section 5.70.160 Licensees Responsibility for Adult Establishment Personnel Section 5.70.170 On Site Adult Entertainment Prohibited Section 5.70.180 License Revocation or Suspension Section 5.70.190 Administrative Record Section 5.70.200 Adult Establishment Personnel Registration and Recordkeeping by Licensee Section S. 70.210 Penalty Section 5.70.220 Nuisance Declared Section 5.70.230 Computation of Time Section 5.70.240 Severability 5.70.010. Short Title. This Chapter shall be known as, and may be referred to as the "Village of Buffalo Grove Adult Use Licenses Chapter." 5.70.020. Definitions. For the purposes of this Chapter, the following terms, phrases, and words shall have the meanings given herein. 2 0 A. Adult Booth. Any area of an Adult Entertainment Establishment set off from the remainder of such Establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate Adult Materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities. B. Adult Entertainment Establishment or Adult Establishment. Any of the following Commercial Establishments, as defined herein: 1. Adult Cabaret. Any Commercial Establishment including, but not limited to a lounge, theater, concert hall, men's or women's club, auditorium, or similar commercial establishment, regardless of its seating capacity that as a substantial or significant portion of its business features or provides any of the following: (i) Persons who appear Nude or Semi -Nude. (ii) Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities. 2. Adult Store. Any Commercial Establishment (a) that contains one or more Adult Booths; (b) that as a substantial or significant portion of its business offers for sale, rental, or viewing any Adult Materials. 3. Adult Theater. Any Commercial Establishment that as a substantial or significant portion of its business regularly features for presentation films, motion pictures, video or audio cassettes, slides, or other visual representation or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas, or the conduct or simulation of Specified Sexual Activities. C. Adult Establishment Personnel. Any individual, including employees, entertainers and independent contractors, who work in or at, or render any services directly related to the operation of, an Adult Entertainment Establishment; provided, however, that this definition shall not include persons delivering goods, materials (other than Adult Materials), food and beverages, or performing maintenance or repairs, to the Licensed Premises. D. Adult Establishment License. A license issued for an Adult Entertainment Establishment pursuant to the provisions of this Chapter. E. Adult Entertainment Patron. Any individual, other than Adult Establishment Personnel, present in or at any Adult Entertainment Establishment at any time when such Adult Entertainment Establishment is open for business; provided, however, that this definition shall not include persons delivering goods, materials (other than Adult 3 Materials), food and beverages, or performing maintenance or repairs, to the Licensed Premises. F. Adult Material. Any of the following, whether new or used: 1. The following materials that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas, or the conduct or simulation of Specified Sexual Activities; (a) Books, magazines, periodicals, or other printed matter, or digitally- stored materials; (b) Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind; or (c) live performances. 2. Instruments, novelties, devices, or paraphernalia that are designed for use in connection with Specified Sexual Activities, or that depict or describe Specified Anatomical Areas. G. Adult On -Site Entertainment. Any business which provides the following at any location not holding an Adult Use License: (i) Persons who appear Nude or Semi -Nude. (ii) Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities. This includes but is not limited to compensated, topless female servers at private parties. H. Adult Use Commissioner. The Village Manager of the Village of Buffalo Grove, or the Village Manager's designee. I. Commercial Establishment. Any place where admission, services, performances, or products are provided for or upon payment of any form of consideration. J. Days. Calendar days, unless otherwise specifically set forth in this Chapter. K. Licensed Premises. The place or location described in an Adult Establishment License where an Adult Entertainment Establishment is authorized to operate. No sidewalks, streets, parking areas, public rights -of -way, or grounds adjacent to any such place or location shall be included within the Licensed Premises. L. Licensee. Any person or entity that has been issued an Adult Establishment License pursuant to the provisions of this Chapter. M. Nude or State of Nudity. A state of dress or undress that exposes to view (a) less than completely and opaquely covered human genitals; pubic region; anus; or female 0 breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided that the areola is not exposed; or (b) human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state. N. Reviewing Departments. The Office of Village Manager, the Fire Department, the Police Department and the Department of Building and Zoning. O. Semi -Nude. A state of dress or undress in which clothing covers no more than the human genitals, pubic region, anus, and areola of the female breast, as well as portions of the body covered by supporting straps or devices by other minor accessory apparel such as hats, gloves and socks. P. Specified Anatomical Areas. Any of the following: 1. Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed. 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state. Q. Specified Criminal Act. Any unlawful lewd, indecent, or immoral conduct, including specifically, but without limitation, any of the lewd, indecent, or immoral criminal acts specified in any of the following statutes: 1. Article 11 of the Illinois Criminal Code, 720 ILCS 5/11 -1 et seq. (sex offenses). 2. Section 26 -4 of the Illinois Criminal Code, 720 ILCS 5/330 (unauthorized videotaping). 3. Section 33D -1 of the Illinois Criminal Code, 720 ILCS 5/330 -1 (contributing to the criminal delinquency of a juvenile). 4. The Obscene Phone Call Act, 720 ILCS 135/0.01 et seq. 5. The Wrongs to Children Act, 720 ILCS 150 /0.01 et seq. 6. The Improper Supervision of Children Act, 720 ILCS 640/0.01 et seq. 7. The Sale of Immoral Publications to Children Act, 720 ILCS 670/0.01 et seq. R. Specified Sexual Activities. Any of the following: 1. Actual physical touching of human genitals, pubic region, buttocks, anus, or female breasts. 2. Actual physical sexual acts, normal or perverted, including intercourse, oral copulation, or sodomy. 3. Actual masturbation. 4. Human genitals in a state of sexual stimulation, arousal, or tumescence. 5. Excretory functions as part of or in connection with any of the activities set forth in paragraphs 1, 2, 3, or 4 of this definition. S. Straddle Dance. The use by any person, including specifically, but without limitation, Adult Establishment Personnel, of any part of his or her body to touch the genitals, pubic region, buttock, anus, or female breast of any Adult Establishment Patron or any other person, or the touching of the genitals, pubic region, buttock, anus, or female breast of any person by any Adult Establishment Patron. Conduct shall be a "Straddle Dance" regardless of whether the "touch" or "touching" occurs while the person is displaying or exposing any Specified Anatomical Area. Conduct shall also be a "Straddle Dance" regardless of whether the "touch" or "touching" is direct or though a medium. Conduct commonly referred to by the slang terms "lap dance ", "table dance ", and "face dance" shall be included within this definition of Straddle Dance. T. Substantial or Significant Portion of its Business. Substantial or significant portion of its business shall be deemed to apply to any Commercial Establishment that satisfies one or more of the following criteria: Gross Sales. 30 percent or more of the retail dollar value of the Commercial Establishment's annual gross sales derives from the sale, rental, or viewing of Adult Materials. 2. Floor Area. 30 percent or more of the floor area of the Commercial Establishment is devoted to the display, viewing, or presentation of Adult Materials, not including storerooms, stock areas, bathrooms, basements, or any other portion of the Commercial Establishment not open to the public. 3. Merchandise Displayed. 30 percent or more of the retail dollar value of all merchandise displayed at any one time is attributable to Adult Materials. 4. Inventory. 30 percent or more of all inventory of the Commercial Establishment (whether measured by retail dollar value or number of items) consists at any one time of Adult Materials. 5. Stock In Trade. 30 percent or more of the stock in trade at the Commercial Establishment consists at any one time of Adult Materials. 6. Live Performances. Live performances by persons appearing Semi -Nude, or live performances that are otherwise distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities, and that are taking place 30 percent or more of the time during which the Commercial Establishment is open for business. U. Village Zoning Ordinance. That part of the Village of Buffalo Grove Municipal Code known and referred to as the Village of Buffalo Grove Zoning Ordinance, as it may be amended from time -to -time, currently codified as Title 17 of the Village of Buffalo Grove Municipal Code. 31 • 5.70.030. Adult Use Commissioner. A. The Adult Use Commissioner shall have the following powers and duties: 1. To administer and rule upon the applications for, and the issuance, renewal, suspension, and revocation of Adult Establishment Licenses as set forth in this Chapter. 2. To conduct or provide for such inspections of Adult Entertainment Establishments as shall be necessary to determine and ensure compliance with the provisions of this Chapter and other applicable provisions of law. 3. To periodically review the provisions of this Chapter and the conduct and operation of Adult Entertainment Establishments and Adult Establishment Licensees, and to make such related reports and recommendations to the Village Corporate Authorities as the Adult Use Commissioner shall deem necessary. 4. To conduct such hearings, studies, and report on Adult Entertainment Establishments, and the regulations relating thereto, as the Adult Use Commissioner shall deem necessary, and to conduct such hearings on the revocation or suspension of an Adult Establishment License as required pursuant to this Chapter. 5. To establish written rules and regulations implementing the provisions of this Chapter, including but not limited to, rules related to the content and processing of any petition, and the conduct of any hearing. 6. To take such further actions as the Adult Use Commissioner shall deem necessary to carry out the purposes and intent of this Chapter and to exercise such additional powers in furtherance thereof as are implied or incident to those powers and duties expressly set forth in this Chapter. B. The Adult Use Commissioner may delegate any power or duty set forth above, including appointing a hearing officer regarding revocation or suspension. Provided, such hearing officer shall only have the power to recommend suspension or revocation. 5.70.040. Adult Establishment Licenses - Generally. A. Adult Establishment License Required. An Adult Establishment License shall be required to establish, operate, or maintain an Adult Entertainment Establishment within the Village. B. Operation Without License Prohibited. It shall be unlawful for any person not having a current and valid Adult Establishment License to establish, operate, or maintain an Adult Entertainment Establishment within the Village at any time after the effective date of this Chapter. C. Operation in Violation of License Prohibited. It shall be unlawful for any Licensee to establish, operate, or maintain an Adult Entertainment Establishment within the Village except in the manner authorized by, and in compliance with, the provisions of this Chapter and by the Licensee's Adult Establishment License. D. Content and Display of License. Every Adult Establishment License shall be provided by the Village and shall, at minimum, prominently state on its face the name of 7 • a the Licensee, the expiration date, and the address of the Adult Entertainment Establishment. Every Licensee shall cause the Licensee's Adult Entertainment License to be framed, covered by glass, and hung at all times in plain view in a conspicuous place on the Licensed Premises so that it can be easily seen and read at any time by any person entering the Licensed Premises. E. License Term. Except as hereinafter provided, Adult Establishment Licenses shall be operative and valid, unless first terminated, suspended, or revoked, for a term of one year commencing on January 1 of the year following the year of issuance and terminating on December 31 of that same year. Adult Establishment Licenses issued after January 1 of any year for operations to commence in that year shall be operative and valid, unless first terminated, suspended, or revoked, for a term commencing on the date of issuance and terminating on December 31 of that same year. F. Renewal. An Adult Establishment License may be renewed only by making application as required for an initial License as provided in this Chapter. Application for renewal shall be made at least 45 days before the expiration of the then - current License term. The expiration of the License shall not be affected or extended by a renewal application that is made less than 45 days before expiration. 5.70.050. Form and Submittal of License Application. A. Required Form. An application for an Adult Establishment License, or the renewal thereof, shall be made in writing to the Adult Use Commissioner on a form prescribed by the Adult Use Commissioner and shall be signed (i) by the applicant, if the applicant is an individual; (ii) by at least one of the persons entitled to share in the profits of the organization and having unlimited personal liability for the obligations of the organization and the right to bind all other such persons, if the applicant is a partnership (general or limited), limited liability corporations or partnerships, joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization; (iii) by a duly authorized agent, if the applicant is a corporation; or (iv) by the trustee, if the applicant is a land trust. The application shall be verified by oath or affidavit as to all statements made on or in connection with the application and any attachments thereto. Each application shall specifically identify the applicant and the Licensed Premises for which an Adult Establishment License is sought. Each initial or renewal application shall be accompanied by seven identical copies. B. Administrative Processing Fee. Every applicant for an Adult Establishment License or for the renewal of an existing Adult Establishment License shall pay an Administrative Processing Fee in the amount of $200.00. The Administrative Processing Fee shall in all cases be non - refundable and shall be deposited in the general corporate fund of the Village. C. Required Information and Documents. Nothing herein shall relieve the applicant from submitting all required information or forms, including but not limited to detailed engineering or architectural plans, as may be otherwise by law. Each application shall include the following information and documents: 0 r 1. Individuals: The applicant's legal name, all of the applicant's aliases, the applicant's business address and social security number, written proof of the applicant's age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of the applicant's naturalization. 2. Corporations: The applicant corporation's complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of all the directors, officers, and managers of the corporation and every person owning or controlling more than fifty (50) percent of the voting shares of the corporation; the corporation's date and place of incorporation and the object for which it was formed; proof that the corporation is a corporation in good standing and authorized to conduct business in the State of Illinois; and the name of the registered corporate agent and the address of the registered office for service of process. 3. Partnerships (general or limited), limited liability corporations, joint ventures, or any other type of organization where two or more persons share in the profits and liabilities of the organization: The applicant organization's complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of each partner (other than limited partners) or any other person entitled to share in the profits of the organization, whether or not any such person is also obligated to share in the liabilities of the organization. 4. Land trusts: The applicant land trust's complete name; the legal name, all aliases, and the business address of the trustee of the land trust; the legal name, all aliases, and the ages, businesses addresses, and social security numbers of each beneficiary of the land trust and the specific interest of each such beneficiary in the land trust; and the interest, if any, that the land trust holds in the Licensed Premises. 5. If a corporation or partnership is an interest holder that must be disclosed pursuant to this Section, then such interest holders shall disclose the information required in said Sections with respect to their interest holders. 6. The general character and nature of the business of the applicant as well as the length of time that the applicant has been in such business. 7. The location, including street address and legal description, and telephone number, of the premises for which the Adult Establishment License is sought. 8. The specific name of the business that is to be operated under the Adult Establishment License. 9. The identity of each fee simple owner of the Licensed Premises. If the Applicant is not the fee simple owner, a copy of the lease shall be provided. 10. A diagram showing the internal and external configuration of the Licensed Premises, including all doors, windows, entrances, exits, the fixed structural internal features of the Licensed Premises, plus the interior rooms, walls, partitions, stages, performance areas, and restrooms. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; provided, however that each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions to an accuracy of plus or minus six inches and sufficient to C 0 show clearly the various interior dimensions of all areas of the Licensed Premises and to demonstrate compliance with the provisions of this Chapter. The requirements of this paragraph shall not apply for renewal applications if the applicant adopts a diagram that was previously submitted for the License sought to be renewed and if the Licensee certified that the Licensed Premises has not been altered since the immediately preceding issuance of the License and that the previous diagram continues to accurately depict the exterior and interior layouts of the Licensed Premises. The approval or use of the diagram required pursuant to this paragraph shall not be deemed to be, and shall not be interpreted or construed to constitute, any other Village approval otherwise required pursuant to applicable Village ordinances and regulations. 11. The specific type or types of Adult Entertainment Establishment(s) that the applicant proposes to operate in the Licensed Premises. 12. A copy of each Adult Establishment License or any license substantially the same as an Adult Establishment License currently held by the applicant, or any of the individuals identified in the application. 13. Whether the applicant, or any of the individuals identified in the application has had a license or other authorization to conduct or operate a business substantially the same as an Adult Entertainment Establishment revoked or suspended, and, if so, the date and grounds for each such revocation or suspension, and the name and location of the establishment at issue. 14. The name of the individual or individuals who shall be the day -to -day, on -site managers of the proposed Adult Entertainment Establishment. If the manager is other than the applicant, the applicant shall provide, for each manager, all of the information required pursuant to this Section for the applicant. 15. For the individual or individuals executing the application pursuant to this Section, and if different the on -site manager, a fully executed waiver on a form prescribed by the Village to obtain criminal conviction information pursuant to the Illinois Uniform Conviction Information Act. C. Incomplete Applications Returned. Any application for an Adult Establishment License that does not include all of the information and documents required pursuant to Subsection B of this Section as well as the Administrative Processing Fee, shall be deemed to be incomplete and shall not be acted on or processed by the Village. The Adult Use Commissioner shall, within ten days of such submittal, return the incomplete application to the applicant along with a written explanation of the reasons why the application is incomplete. 5.70.060. Processing of License Application. A. Reviewing Departments. Within three days after receipt of a complete application for an Adult Establishment License that includes all the information, documents, the Administrative Processing Fee as required pursuant to this Chapter, the Adult Use Commissioner shall transmit a copy of the application to the Reviewing Departments. 10 0 0 B. Reviewing Department Reports. Each of the Reviewing Departments shall, within 25 days after transmittal of the application thereto, or within such other period of time as the Village and the applicant may otherwise agree, (i) review the application; (ii) conduct such inspections of the proposed Licensed Premises and background investigations of the applicant, the on -site manager and any of the individuals identified in the application pursuant to this Chapter, regarding matters within their respective jurisdictions, as shall be reasonably necessary to verify the information set forth in the application and to determine whether the proposed Adult Entertainment Establishment and Licensed Premises comply with the requirements of this Chapter and other applicable laws, codes, ordinances, rules, and regulations; and (iii) prepare and submit to the Adult Use Commissioner a written report regarding the results and findings of such reviews, inspections, and investigations. C. Adult Use Commissioner Review. The Adult Use Commissioner shall also conduct such inspections and investigations as the Adult Use Commissioner shall deem reasonably necessary to verify the information set forth in the application and to determine whether the proposed Adult Entertainment Establishment and Licensed Premises comply with the requirements of this Chapter and other applicable laws, code, ordinances, rules, and regulations. D. Reliance on Diagram. In the event that the Licensed Premises had not yet been constructed or reconstructed to accommodate the proposed Adult Entertainment Establishment, the Adult Use Commissioner and the Reviewing Departments shall base their respective written reports, investigations, and inspections to the extent necessary, on the diagram submitted pursuant to this Chapter. Any Adult Establishment License issued prior to the construction or reconstruction necessary to accommodate the proposed Adult Entertainment Establishment shall be subject to the condition that the Adult Entertainment Establishment shall not open for business until the Licensed Premises has been inspected and determined to be in substantial compliance with the diagram submitted with the application. E. Applicant Cooperation Required. An applicant for Adult Establishment License shall cooperate fully in the inspections and investigations conducted by the Adult Use Commissioner and the Reviewing Departments. The applicant's failure or refusal (i) to give any information reasonably relevant to the investigation of the application; (ii) to allow the Licensed Premises to be inspected; (iii) to appear at any reasonable time and place for examination under oath regarding the application; or (iv) to otherwise cooperate with the investigation and inspection required by this Chapter, shall constitute an admission by the applicant that the applicant is ineligible for an Adult Establishment License and shall be grounds for denial of the License by the Adult Use Commissioner. F. Time for Issuance or Denial. The Adult Use Commissioner shall, within 30 days after submittal of a properly completed application, or within such other period of time as the Village and the applicant shall otherwise agree, either issue an Adult Establishment License pursuant to the provisions of Section 5.70.080A of this Chapter or deny issuance of the Adult Use Establishment License pursuant to the provisions of Section 5.70.080B 11 of this Chapter. The Adult Use Commissioner shall issue or deny the License within said 30 -day period, or such other period of time as shall have been agreed to by the Village and the applicant, regardless of whether or not the Adult Use Commissioner has received all of the Reviewing Department reports. G. Decision Final. The action taken by the Adult Use Commissioner to issue or deny an Adult Establishment License pursuant to Section 5.70.080 of this Chapter shall be final and shall be subject to judicial review. 5.70.070. Premise Restrictions A. No Adult Establishment License shall be issued to any person for premises for which a liquor license has been issued as provided in the Buffalo Grove Municipal Code. B. When an Adult Establishment License shall have been revoked or surrendered following notice of hearing as provided herein, no license shall be granted to any person for the period of one year thereafter for the conduct of an Adult Entertainment Establishment in the premises described in the revoked license. C. The Applicant shall either own or have a valid lease for the License Premise for the term of the Adult Establishment License. 5.70.080. Standards for Issuance or Denial of License. A. Issuance. The Adult Use Commissioner shall issue an Adult Establishment License to an applicant if, but only if, the Adult Use Commissioner finds and determines all of the following, based on the reports, investigations, and inspections conducted by the Adult Use Commissioner and the Reviewing Departments and on any other credible information on which it is reasonable for the Adult Use Commissioner to rely: 1. All information and documents required by Section 5.70.050 of this Chapter for issuance of an Adult Establishment License have been properly provided and the material statements made in the application are true and correct. 2. For Adult Stores and Adult Theaters, all persons identified in the application pursuant to Sections 5.70.050C 1, 2, 3, 4, 5 and 14 of this Chapter are at least 18 years of age and not under any legal disability. For Adult Cabarets, all persons identified in the application pursuant to Sections 5.70.050C1, 2, 3, 4, 5 and 14 of this Chapter are at least 21 years of age and not under any legal disability. 3. No person identified in the application pursuant to Sections 5.70.050C1, 2, 3, 4, 5 and 14 of this Chapter has been convicted of, pleaded nolo contendere to, or been placed on supervision or conditional discharge for, any Specified Criminal Act within five years immediately preceding the date of the application. 4. No person identified in the application pursuant to Sections 5.70.050C1, 2, 3, 4, 5 and 14 has been, or is married to or residing with, a person (i) who has been denied an Adult Establishment License on the Licensed Premises within 12 months immediately preceding the date of the application, (ii) whose Adult 12 Establishment License has been revoked within 12 months immediately preceding the date of the application, or (iii) whose Adult Establishment License is under suspension at the time of application. 5. No person identified in the application pursuant to Sections 5.70.050C1, 2, 3, 4, 5 and 14 of this Chapter is overdue on payment to the Village of taxes, fees, fines, or penalties assessed against, or imposed on, any such individual in connection to any Adult Entertainment Establishment. 6. The Adult Entertainment Establishment and the Licensed Premises, and the proposed operation of the Adult Entertainment Establishment, comply with this Chapter and all then - applicable building, health, and life safety codes and regulations and have received all necessary zoning approvals required pursuant to the then - applicable provisions of the Village's Zoning Ordinance, including specifically, but without limitation, the zoning approval, if any, required for the Adult Entertainment Establishment. 7. The applicant has confirmed in writing and under oath as part of the application that the applicant has read this Chapter and all provisions of the Village's Zoning Ordinance applicable to Adult Entertainment Establishments, that the applicant is familiar with their terms and conditions, and that the Licensed Premises and the proposed Adult Entertainment Establishment and its proposed operation are and shall be in compliance therewith. B. Denial. If the Adult Use Commissioner determines that the applicant has not met any one or more of the conditions set forth in Subsection (A) of this Section, then the Adult Use Commissioner shall deny issuance of the Adult Establishment License and shall give the applicant a written notification and explanation of such denial. The Adult Use Commissioner's notice of denial shall be delivered in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the applicant's address as set forth in the application. With regard to a license application for a new Adult Entertainment Establishment, the Adult Establishment License shall be deemed denied on the day that the notice of denial is delivered in person or three days after it is placed in the U.S. mail as provided in this Subsection. With regard to a license application for renewal of an existing Adult Establishment License, in order to allow an aggrieved Licensee an opportunity to obtain judicial review, any such denial shall take effect (a) on the 14a` day after the notice of denial is delivered in person or (b) on the 17'h day after it is placed in the U.S. mail as provided in this Subsection. C. License Deemed To Be Issued. If the Adult Use Commissioner does not issue or deny the Adult Establishment License within 30 days after the properly completed application is submitted, then the Adult Establishment License applied for shall be deemed to have been issued. 5.70.090. Inspections by the Village. A. Authority. The Adult Use Commissioner and other Village representatives and departments with jurisdiction shall periodically inspect all Adult Entertainment 13 Establishments as shall be necessary to determine compliance with the provisions of this Chapter and all other applicable law. B. Licensee Cooperation. A Licensee shall permit representatives of the Village to inspect the Licensed Premises and the Adult Entertainment Establishment for the purpose of determining compliance with the provisions of this Chapter and all other applicable laws at any time during which the Licensed Premises is occupied or the Adult Entertainment Establishment is open for business. C. Interference or Refusal Illegal. It shall be unlawful for the Licensee, any Adult Establishment Personnel, or any other person to prohibit, interfere with, or refuse to allow, any lawful inspection conducted by the Village pursuant to this Chapter or any other authority. D. Suspension or Revocation. Any such prohibition, interference, or refusal shall be grounds for suspension or revocation of the Adult Establishment License pursuant to Section 5.70.170 of this Chapter. 5.70.100. Change in Information. During the pendency of any application for, or during the term of, any Adult Establishment License, the applicant or Licensee shall promptly notify the Adult Use Commissioner in writing (i) of any change in any material information given by the applicant or Licensee in the application for such License, including specifically, but without limitation, any change in managers of the Adult Entertainment Establishment or in the individuals identified in the application pursuant to Sections 5.70.050C1, 2, 3, 4, 5 and 14 of this Chapter; or (ii) if any of the events constituting grounds for suspension or revocation pursuant to Section 5.70.170 of this Chapter occur. 5.70.110. Regulations Applicable to All Adult Entertainment Establishments. A. General Compliance. All Licensed Premises and Adult Entertainment Establishments shall comply with the provisions of this Chapter; all other applicable Village ordinances, resolutions, rules, and regulations; and all other applicable federal, state, and local laws. B. Hours of Operation. No Adult Entertainment Establishment shall be open for business between the hours of 12:00 a.m. and 12:00 noon on any day. No Adult Entertainment Establishment shall be open for business at any time on any Sunday or any legal State of Illinois or federal holiday. C. Animals. No animals, except only for animals trained and used to assist a person with a disability shall be permitted at any time at or in any Adult Entertainment Establishment. Any such animal must at all times remain with the disabled Adult Entertainment Patron. 14 D. Restrooms. All restrooms in Adult Entertainment Establishments shall be equipped with standard toilets, sinks, and other traditional lavatory facilities. No Adult Materials or live performances shall be provided or allowed at any time in the restroom of an Adult Entertainment Establishment. Separate male and female restrooms shall be provided for and used by Adult Establishment Personnel and Adult Establishment Patrons. E. Restricted Areas. No Adult Entertainment Patron shall be permitted at any time to enter into any of the non - public portions of any Adult Entertainment Establishment, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of Adult Establishment Personnel. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the Licensed Premises; provided, however, that any such persons shall remain in such non - public areas only for the purposes and to the extent and time necessary to perform their job duties. F. Specific Prohibited Acts. 1. No person at any Adult Entertainment Establishment shall appear, be present, or perform while nude. 2. No Adult Establishment Personnel or any other person at any Adult Entertainment Establishment shall perform or conduct any Specified Sexual Activity with or for any Adult Establishment Patron or any other Adult Establishment Personnel or any other person. No Adult Establishment Patron or any other person at any Adult Entertainment Establishment shall perform or conduct any Specified Sexual Activity with or for any Adult Establishment Personnel or any other Adult Establishment Patron or any other person. 3. Straddle Dances are prohibited at all Adult Entertainment Establishments. G. Exterior Display. No Adult Entertainment Establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any Adult Material, or any entertainment depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas, from any sidewalk, public or private right -of- way, or any property other than the lot on which the Licensed Premises is located. No portion of the exterior of an Adult Entertainment Establishment shall utilize or contain any flashing lights, search lights, or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent specifically allowed pursuant to Subsection H of this Section with regards to signs. This Subsection shall apply to any advertisement, display, promotional material, decoration, or sign; to any performance or show; and to any window, door, or other opening. H. Signage Limitations. All signs for Adult Entertainment Establishments shall be flat wall signs. The maximum allowable sign area shall be one square foot of sign area per foot of lot frontage on a street, but in no event exceeding 32 square feet. The maximum number of signs shall be one per lot frontage. Signs otherwise permitted 15 pursuant to this Chapter shall contain only (i) the name of the Adult Entertainment Establishment and/or (ii) the specific type of Adult Entertainment Establishment conducted on the Licensed Premises. Temporary signage shall not be permitted in connection with any Adult Entertainment Establishment. I. Noise. No loudspeakers or sound equipment audible beyond the Licensed Premises shall be used at any time. J. Gambling and Related Devices Prohibited. No Adult Entertainment Establishment shall contain any gambling, video, pinball, slot, bagatelle, pigeon -hole, pool, or any other games, machines, tables, or implements. K. Manager's Station. Each Adult Entertainment Establishment shall have one or more manager's stations. The interior of each Adult Entertainment Establishment shall be configured in such a manner that there is a direct and substantially unobstructed view from at least one manager's station to every part of each area, except restrooms, of the Establishment to which any Adult Entertainment Patron is permitted access for any purpose. L. Alcohol Prohibition. No alcoholic liquor shall be delivered, received, sold, purchased, provided or consumed at any time on any Licensed Premises or at any Adult Entertainment Establishment. M. No massage services shall be provided at an Adult Entertainment Establishment. N. No Adult Establishment Licensee shall permit any person to remain in or upon the Licensed Premises who commits any Specified Criminal Act. 5.70.120. Special Regulations for Adult Booths. A. Prohibited Except in Adult Stores. Adult Booths shall be prohibited in all Adult Entertainment Establishments except Adult Stores. B. Occupancy and Prohibited Acts. Only one individual shall occupy an Adult Booth at any one time. No individual occupying an Adult Booth shall engage in any Specified Sexual Activities. No individual shall damage or deface any portion of an Adult Booth. C. Open Booth Requirement. In addition to satisfying the manager station requirements of Section 5.70.110 of this Chapter, all Adult Stores containing Adult Booths shall be physically arranged in such a manner that the entire interior portion of each Adult Booth shall be visible from the common area of the Adult Store. To satisfy this requirement, there shall be a permanently open and unobstructed entrance way for each Adult Booth and for the entranceway from the area of the Adult Store that provides other Adult Materials to the area of the Adult Store containing Adult Books. Each of these entranceways shall not be capable of being closed or obstructed, entirely or partially, by any door, curtain, partition, drapes, or any other obstruction whatsoever that 16 would be capable of wholly or partially obscuring the area of the Adult Store containing Adult Booths or any person situated in an Adult Booth. It shall be unlawful to install Adult Booths within an Adult Entertainment Establishment for the purpose of providing secluded viewing of Adult Materials or live performances. D. Aisle Required. There shall be one continuous lighted main aisle along side the Adult Booths provided in any Adult Store. Each person situated in a Booth shall be visible at all times from the aisle. E. Holes Prohibited. Except holes or openings needed for installation for facilities and the open Booth entranceway, the walls and partitions of each Adult Booth shall be constructed and maintained solid walls or partitions without any holes or openings whatsoever. F. Signage. A sign shall be posted in a conspicuous place at or near the entranceway to each Adult Booth that states (i) that only one person is allowed in an Adult Booth at any one time, (ii) that it is unlawful to engage in any Specified Sexual Activities while in an Adult Booth, and (iii) that it is unlawful to damage or deface any portion of an Adult Booth. G. Age Limitations. 1. No Adult Establishment Personnel or Adult Establishment Patron at an Adult Booth or a Licensed Premises that includes an Adult Booth shall be under the age of 18. 2. No person under the age of 18 shall be admitted to any Adult Booth or any Licensed Premises that includes an Adult Booth. 3. No person under the age of 18 shall be allowed or permitted to remain at any Adult Booth or at any Licensed Premises that includes an Adult Booth. 4. No person under the age of 18 shall be allowed or permitted to purchase or receive, whether for consideration or not, any Adult Material or other goods or services at or from any Adult Booth or any Licensed Premises that includes an Adult Booth. 5.70.130. Special Regulations for Adult Cabarets. A. Performance Area. The performance area of an Adult Cabaret shall be limited to one or more stages or platforms permanently anchored to the floor (a "Cabaret Stage "). Each Cabaret Stage shall be at least 18 inches in elevation above the level of the patron seating areas. Each Cabaret Stage shall be separated by a distance of at least 8 feet from all areas of the premises to which Adult Entertainment Patrons have access. A continuous barrier at least three feet in height and located at least eight feet from all points of each Cabaret Stage shall separate each Cabaret Stage from all seating areas. The barrier shall consist of horizontal or vertical members spaced no more than nine inches apart and nine inches from the floor or the walls to which it is attached. No Adult Entertainment Patron shall be allowed at any time on any Cabaret Stage. 17 0 el . B. Lighting. Sufficient lighting shall be provided and equally distributed throughout the public areas of the Adult Cabaret so that all objects are plainly visible at all times. A minimum lighting of not less than 30 lux horizontal, measured at 30 inches from the floor and on 10 -foot centers shall be maintained at all times for all areas of the Adult Cabaret where Adult Establishment Patrons are admitted. C. Tipping. No tip or gratuity may be offered or accepted for any performance by Adult Establishment Personnel on any Adult Cabaret Stage at any time prior to the completion of any such performance. No Adult Establishment Patron shall offer, and no Adult Establishment Personnel having performed on any Cabaret Stage shall accept, in any form of tip or gratuity offered directly or personally to the Adult Establishment Personnel by the Adult Establishment Patron. Rather, following completion of a performance, all tips and gratuities to Adult Establishment Personnel performing on any Cabaret Stage shall be placed into a receptacle provided for receipt of such tips and gratuities by the Adult Entertainment Establishment. D. Notice of Select Rules. A sign at least two feet by two feet, with letters at least one inch high shall be conspicuously displayed on or adjacent to every Cabaret Stage stating the following: THIS ADULT CABARET IS REGULATED BY THE VILLAGE OF BUFFALO GROVE. ENTERTAINERS ARE: 1. NOT PERMITTED TO APPEAR IN A STATE OF NUDITY OR ENGAGE IN ANY TYPE OF SEXUAL CONDUCT. 2. NOT PERMITTED TO ACCEPT ANY TIPS OR GRATUITIES FOR ANY PERFORMANCE UNTIL COMPLETION OF THE PERFORMANCE. 3. NOT PREMITTED TO ACCEPT ANY TIPS DIRECTLY FROM PATRONS. EVEN AFTER COMPLETION OF THE PERFORMANCE. ANY SUCH TIPS MUST BE PLACED INTO THE RECEPTACLE PROVIDED BY MANAGEMENT. 4. NO ALCOHOLIC LIQUOR IS PERMITTED AT ANY TIME. E. Age Limitations. 1. No Adult Establishment Personnel or Adult Establishment Patron at an Adult Cabaret or a Licensed Premises used for Adult Cabaret shall be under the age of 21. 2. No person under the age of 21 shall be admitted to any Adult Cabaret or to any Licensed Premises used for an Adult Cabaret. 3. No person under the age of 21 shall be allowed or permitted to remain at any Adult Cabaret or any Licensed Premises used for an Adult Cabaret. 18 4. No person under the age of 21 shall be allowed or permitted to purchase, receive, whether for consideration or not, any Adult Material or other goods or services at or from any Adult Cabaret or any Licensed Premises used for an Adult Cabaret. 5.70.140. Special Regulations for Adult Stores A. Windows and Signs. Window areas for Adult Stores shall not be covered or obstructed in any way. No signs or obstructions shall be placed in the windows. B. Age Limitations. 1. No Adult Establishment Personnel or Adult Establishment Patron at an Adult Store or a Licensed Premises used for Adult Store shall be under the age of 18. 2. No person under the age of 18 shall be admitted to any Adult Store or to any Licensed Premises used for an Adult Store. 3. No person under the age of 18 shall be allowed or permitted to remain at any Adult Store or any Licensed Premises used for an Adult Store. 4. No person under the age of 18 shall be allowed or permitted to purchase, receive, whether for consideration or not, any Adult Material or other goods or services at or from any Adult Store or any Licensed Premises used for an Adult Store. 5.70.150. Special Regulations for Adult Theaters. A. Seating. Each Adult Theater shall provide seating only in individual chairs with arms or in seats separated from each other by immovable arms and not on couches, benches, or any other multiple person seating structures. The number of seats shall equal the maximum number of persons who may occupy the Adult Theater. B. Aisle. Each Adult Theater shall have a continuous main aisle alongside the seating area in order that each person seated in the Adult Theater shall be visible at all times. C. Sign. Each Adult Theater shall have a sign posted in a conspicuous place at or near each entranceway to the auditorium or similar area that lists the maximum number of persons who may occupy the auditorium area, which number shall not exceed the number of seats in the auditorium area. D. Age Limitations 1. No Adult Establishment Personnel or Adult Establishment Patron at an Adult Theater a Licensed Premises used for Adult Theater shall be under the age of 18. 2. No person under the age of 18 shall be admitted to any Adult Theater or to any Licensed Premises used for an Adult Theater. 3. No person under the age of 18 shall be allowed or permitted to remain at any Adult Theater or any Licensed Premises used for an Adult Theater. 19 4. No person under the age of 18 shall be allowed or permitted to purchase, receive, whether for consideration or not, any Adult Material or other goods or services at or from any Adult Theater or any Licensed Premises used for an Adult Theater. 5.70.160. Licensees Responsibility for Adult Establishment Personnel. Every act or omission by Adult Establishment Personnel constituting a violation of the provisions of this Chapter shall be deemed and held to be the act or omission of the Licensee if such act or omission occurs either with the authorization, knowledge, or approval of the Licensee or as a result of the Licensee's negligent failure to supervise the Adult Establishment Personnel. The Licensee shall be punishable for any such act or omission in the same manner as if the Licensee committed the act or caused the omission. Accordingly, any such act or omission of any such Adult Establishment Personnel constituting a violation of the provisions of this Chapter shall be deemed, for purposes of determining whether the Licensee's Adult Establishment License shall be issued, revoked, suspended, or renewed, to be the act or omission of the Licensee. 5.70.170. On Site Adult Entertainment Prohibited. On Site Adult Entertainment is prohibited. No business shall offer or provide On Site Adult Entertainment. No person shall employ any business or person to provide On Site Adult Entertainment. 5.70.180. License Revocation or Suspension. A. Grounds. Pursuant to the procedures set forth in Subsection B of this Section, the Adult Use Commissioner may suspend for not more than 30 days, or revoke, any Adult Establishment License if the Adult Use Commissioner, based upon credible and reasonably reliable information and evidence, determines that any one or more of the following has occurred: 1. The Licensee has violated any of the provisions or requirements of this Chapter or the Adult Establishment License issued pursuant hereto, or the provisions of the Village Zoning Ordinance applicable to the Licensed Premises or the Adult Entertainment Establishment. 2. The Licensee (i) knowingly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the Village for issuance or renewal of any Adult Entertainment License, (ii) knowingly or negligently caused or suffered any other person to furnish or withhold any such information on the Licensee's behalf, or (iii) knowingly or negligently failed to correct or update information as required by this Chapter. 3. The Licensee has committed a felony or Specified Criminal Act on the Licensed Premises. 4. The Licensee authorizes, approves, or, as a result of the Licensee's negligent failure to supervise the Licensed Premises or the Adult Entertainment 20 s .0 . Establishment, allows, Adult Establishment Personnel, and Adult Establishment Patron, or any other person to (i) violate any of the provisions or requirements of this Chapter or the provisions or requirements of the Adult Establishment License issued pursuant hereto, or (ii) commit any felony or Specified Criminal Act on the Licensed Premises. 5. The Licensee, or any person identified pursuant to Sections 5.70.050C1, 2, 3, 4, 5 and 14 of this Chapter becomes disqualified for the issuance of an Adult Establishment License at any time during the term of the License at issue. B. Procedure. An Adult Entertainment Establishment License may be suspended for not more than 30 days, or revoked, pursuant to the terms and conditions set forth herein. 1. Notice. Upon determining that one or more of the grounds for suspension or revocation under Subsection A of this Section may exist, the Adult Use Commissioner shall serve a written notice on the Licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the Licensee's address as set forth in the Licensee's application. The written notice shall, at a minimum, (i) state that Adult Use Commissioner has determined that the Adult Establishment License may be subject to suspension or revocation pursuant to this Chapter; (ii) identify the specific grounds for the Adult Use Commissioner's determination; and (iii) set a date for a hearing regarding the Adult Use Commissioner's determination as to the possibility of suspension or revocation of the Adult Establishment License. The date of the hearing shall be no less than five days after service of the Adult Use Commissioner's notice, unless an earlier date is agreed to by the Licensee and the Adult Use Commissioner. When notice is mailed, service shall be deemed given 2 days after mailing. 2. Hearing. The hearing shall be conducted by the Adult Use Commissioner. At the hearing, the Licensee may present and submit evidence and witnesses to refute the grounds cited by the Adult Use Commissioner for suspending or revoking the License and the Village and any other persons may submit evidence to sustain such grounds. The administrative record compiled on the Adult Entertainment Establishment pursuant to Section 5.70.180 of this Chapter shall be made part of the hearing record. The Adult Use Commissioner may designate a hearing officer to schedule, convene and conduct the public hearing. In such case, the hearing officer shall have the same powers as the Adult Use Commissioner to conduct the hearing. Where such designation has been made, the hearing officer shall submit proposed findings and recommendations to the Adult Use Commissioner within seven days of the close of the hearing. Within fourteen days after the close of the hearing, the Adult Use Commissioner shall, having considered the record made at the hearing, render a decision in writing, setting forth the reasons for the decision. The action taken by the Adult Use Commissioner shall be final and shall be subject to judicial review. 3. Notice and Effective Date of Suspension or Revocation. The Adult Use Commissioner's written decision shall be posted at the office of the Adult Use Commissioner and shall be served on the Licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the Licensee's 21 I r• address as set forth in the Licensee's application. In order to allow an aggrieved Licensee an opportunity to obtain judicial review, any such suspension or revocation, as the case may be, shall take effect (a) on the 14t' day after the notice of denial is delivered in person or (b) on the 17'h day after it is placed in the U.S. mail as provided in this Subsection. 4. Surrender of License. Upon the suspension or revocation of an Adult Establishment License pursuant to this Chapter, the Adult Use Commissioner shall take custody of the suspended or revoked License. 5.70.190. Administrative Record. The Adult Use Commissioner shall cause to be kept in the Village Clerk's office an accurate record of every Adult Establishment License application received and acted on, together with all relevant information and material pertaining to such application, any Adult Establishment License issued pursuant thereto, and any Adult Entertainment Establishment operated pursuant to such Adult Establishment License. 5.70.200. Adult Establishment Personnel Registration and Recordkeeping by Licensee. A. Registration. The Licensee of every Adult Entertainment Establishment shall maintain a register of all of its Adult Establishment Personnel with the Adult Use Commissioner by providing the following information to the Adult Use Commissioner no later than the business day immediately preceding the day of commencement of the Adult Establishment Personnel service at the Adult Use Entertainment Establishment: 1. Legal name. 2. Date of birth. 3. Gender, height, weight, hair and eye color. 4. Date of commencement of employment. 5. Specific job or employment duties. 6. The names of each governmental body, including the County, from which, within three years immediately preceding the date of registration, the Adult Use Personnel has received an Adult Establishment License, or any other official authorization to operate or to be employed at, an Adult Entertainment Establishment or a business substantially the same as an Adult Entertainment Establishment. 7. Whether the Adult Establishment Personnel has had any such license or authorization revoked or suspended, and, if so, the date and grounds for each such revocation or suspension, and the name and location of the establishment at issue. B. Adult Use Personnel Register. The Licensee of every Adult Entertainment Establishment shall maintain a register of all of its Adult Establishment Personnel. For each such person, the register shall include the following: 1. Legal name. 22 2. Date of birth. 3. Gender. 4. Date of commencement of employment. 5. Date of employment termination, if applicable. 6. Specific job or employment duties. The register shall be maintained for all current Adult Establishment Personnel and all Adult Establishment Personnel employed or working at any time during the preceding 36 months. The Licensee shall make the register of its Adult Establishment Personnel available for inspection by the Village immediately upon demand at all reasonable times. 5.70.210. Penalty. Any person who violates, neglects, refuses to comply with, or assists or participates in any way in the violation of, any of the provisions or requirements of this Chapter or of any of the provisions or requirements of any Adult Establishment License, shall be fined not more than $500 for each such violation. 5.70.220. Nuisance Declared. Any Adult Entertainment Establishment established, operated, or maintained in violation of any of the provisions or requirements of this Chapter or of any Adult Establishment License shall be, and the same is, declared to be unlawful and a public nuisance. The Village may, in addition to or in lieu of any other remedies set forth in this Chapter, commence an action to enjoin, remove, or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from establishing, operating, or maintaining an Adult Entertainment Establishment contrary to the provisions of this Chapter. 5.70.230. Computation of Time. Unless otherwise specifically set forth in this Chapter, the time within which any act required by this Chapter is to be done shall be computed by excluding the first day and including the last day, unless the last day is Saturday, Sunday or a Federal or State holiday, in which case it shall also be excluded. If the day immediately following such Saturday, Sunday, or holiday is also a Saturday, Sunday, or Holiday, the such succeeding day shall also be excluded. 5.70.240. Severability. In the event that any provision of this Chapter, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity or effectiveness of any of the remaining 23 provisions of this Chapter, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the Village that this Chapter would have been adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. Section 3. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 4. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling NAYES: 0 - None ABSENT: 0 - None PASSED: June 21 12004. APPROVED: June 21 2004. PUBLISHED: June 22 , 2004. ATTEST: APPROVED: r jL ao Village Clerk Village President C: \Dan\rzltd\BG Adult Use1icensing Draft 052504.doc 24 0 4., a) T O CL L- 0 U c aai cc .O N c > cc D � o c .fl a) Q c 0 0 O d �°oo p Q � U � cv O o. Q o W cv N IV a $ Q � U 0.0 W n yA O Y co ~' c. CQ o cu 0 J�0Q. a� Uf, Q C CD Q m D a) 'O a) C L 0 C O O Co 'L L= a) 0 49 Sass -I9St sssr_iesr 8sst -oSt OsSt-09St I V V R F n W N i e k I STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I fiuther certify that on June 21, 2004 the Corporate Authorities of the Village passed and approved Ordinance No. 2004 -59 entitled: AN ORDINANCE ADDING CHPTER 5.70, ADULT USE LICENSES, TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE - 6/21 which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2004 -59, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing June 22, 2004, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 22th day of June, 2004. Villag Jerk By • 1 =KIM Non 1 0101"1111111 14 1 )` WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, sexually oriented businesses require special supervision in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens of the communities where they locate; and WHEREAS, the Village Corporate Authorities find that sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature; and, the concern over sexually transmitted diseases is a legitimate health concern of the Village that demands reasonable regulation of sexually oriented businesses in order to protect the health and well -being of the citizens; and WHEREAS, licensing is a legitimate means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations, and to ensure that operators do not allow their establishments to be used as places of illegal sexual activity or solicitation; and WHEREAS, there is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; and WHEREAS, it is recognized that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and WHEREAS, the Village Corporate Authorities wants to prevent these adverse effects and thereby protect the health, safety and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance that addresses the secondary effects of sexually oriented businesses as well as the health problems associated with such businesses; and WHEREAS, it is not the intent of the Village Corporate Authorities to condone or legitimize the distribution of obscene materials, and the Corporate Authorities recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages state enforcement officials to enforce state and federal obscenity statutes against any such illegal activities in the Village of Buffalo Grove. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE AND COO COUNTIES, ILLINOIS, follows: Section 1. The provisions of the preamble are incorporated into this ordinance. Section 2. Chapter 5.70 entitled "Adult Use Licensing Ordinance" is hereby added to the Village of Buffalo Grove Municipal Code to read as follows: CHAPTER 5.70 . 1 1 Section 5.70.010 Short Title Section 5.70.020 Definitions Section 5.70.030 Adult Use Commissioner Section 5.70.040 Adult Establishment Licenses - Generally Section 5.70.050 Form and Submittal of License Application Section 5.70.060 Processing of License Application Section 5.70.070 Premise Restrictions Section 5.70.080 Standards for Issuance or Denial of License Section 5.70.090 Inspections by the Village Section 5.70. 100 Change in Information Section 5.70. 110 Regulations Applicable to All Adult Entertainment Establishments Section 5.70.120 Special Regulations for Adult Booths Section 5.70.130 Special Regulations for Adult Cabarets Section 5.70.140 Special Regulations for Adult Stores Section 5.70.150 Special Regulations for Adult Theaters Section 5.70.160 Licensees Responsibility for Adult Establishment Personnel Section 5.70.170 On Site Adult Entertainment Prohibited Section 5.70.180 License Revocation or Suspension Section 5.70.190 Administrative Record Section 5.70.200 Adult Establishment Personnel Registration and Recordkeeping by Licensee Section 5.70.210 Penalty Section 5.70.220 Nuisance Declared Section 5.70.230 Computation of Time Section 5.70.240 Severability 5.70.010. Short Title. This Chapter shall be known as, and may be referred to as the "Village of Buffalo Grove Adult Use Licenses Chapter." 5.70.020. Definitions. For the purposes of this Chapter, the following terms, phrases, and words shall have the meanings given herein. 2 A. Adult Booth. Any area of an Adult Entertainment Establishment set off from the remainder of such Establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate Adult Materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities. B. Adult Entertainment Establishment or Adult Establishment. Any of the following Commercial Establishments, as defined herein: 1. Adult Cabaret. Any Commercial Establishment including, but not limited to a lounge, theater, concert hall, men's or women's club, auditorium, or similar commercial establishment, regardless of its seating capacity that as a substantial or significant portion of its business features or provides any of the following: (i) Persons who appear Nude or Semi -Nude. (ii) Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities. 2. Adult Store. Any Commercial Establishment (a) that contains one or more Adult Booths; (b) that as a substantial or significant portion of its business offers for sale, rental, or viewing any Adult Materials. 3. Adult Theater. Any Commercial Establishment that as a substantial or significant portion of its business regularly features for presentation films, motion pictures, video or audio cassettes, slides, or other visual representation or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas, or the conduct or simulation of Specified Sexual Activities. C. Adult Establishment Personnel. Any individual, including employees, entertainers and independent contractors, who work in or at, or render any services directly related to the operation of, an Adult Entertainment Establishment; provided, however, that this definition shall not include persons delivering goods, materials (other than Adult Materials), food and beverages, or performing maintenance or repairs, to the Licensed Premises. D. Adult Establishment License. A license issued for an Adult Entertainment Establishment pursuant to the provisions of this Chapter. E. Adult Entertainment Patron. Any individual, other than Adult Establishment Personnel, present in or at any Adult Entertainment Establishment at any time when such Adult Entertainment Establishment is open for business; provided, however, that this definition shall not include persons delivering goods, materials (other than Adult 3 Materials), food and beverages, or performing maintenance or repairs, to the Licensed Premises. F. Adult Material. Any of the following, whether new or used: 1. The following materials that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas, or the conduct or simulation of Specified Sexual Activities; (a) Books, magazines, periodicals, or other printed matter, or digitally - stored materials; (b) Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind; or (c) live performances. 2. Instruments, novelties, devices, or paraphernalia that are designed for use in connection with Specified Sexual Activities, or that depict or describe Specified Anatomical Areas. G. Adult On -Site Entertainment. Any business which provides the following at any location not holding an Adult Use License: (i) Persons who appear Nude or Semi -Nude. (ii) Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities. This includes but is not limited to compensated, topless female servers at private parties. H. Adult Use Commissioner. The Village Manager of the Village of Buffalo Grove, or the Village Manager's designee. I. Commercial Establishment. Any place where admission, services, performances, or products are provided for or upon payment of any form of consideration. I Days. Calendar days, unless otherwise specifically set forth in this Chapter. K. Licensed Premises. The place or location described in an Adult Establishment License where an Adult Entertainment Establishment is authorized to operate. No sidewalks, streets, parking areas, public rights -of -way, or grounds adjacent to any such place or location shall be included within the Licensed Premises. L. Licensee. Any person or entity that has been issued an Adult Establishment License pursuant to the provisions of this Chapter. M. Nude or State of Nudity. A state of dress or undress that exposes to view (a) less than completely and opaquely covered human genitals; pubic region; anus; or female 19 breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided that the areola is not exposed; or (b) human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state. N. Reviewing Departments. The Office of Village Manager, the Fire Department, the Police Department and the Department of Building and Zoning. O. Semi -Nude. A state of dress or undress in which clothing covers no more than the human genitals, pubic region, anus, and areola of the female breast, as well as portions of the body covered by supporting straps or devices by other minor accessory apparel such as hats, gloves and socks. P. Specified Anatomical Areas. Any of the following: 1. Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed. 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state. Q. Specified Criminal Act. Any unlawful lewd, indecent, or immoral conduct, including specifically, but without limitation, any of the lewd, indecent, or immoral criminal acts specified in any of the following statutes: 1. Article 11 of the Illinois Criminal Code, 720 ILCS 5/11 -1 et seq. (sex offenses). 2. Section 26 -4 of the Illinois Criminal Code, 720 ILCS 5/330 (unauthorized videotaping). 3. Section 33D -1 of the Illinois Criminal Code, 720 ILCS 5/330 -1 (contributing to the criminal delinquency of a juvenile). 4. The Obscene Phone Call Act, 720 ILCS 135/0.01 et seq. 5. The Wrongs to Children Act, 720 ILCS 150/0.01 et seq. 6. The Improper Supervision of Children Act, 720 ILCS 640/0.01 et seq. 7. The Sale of Immoral Publications to Children Act, 720 ILCS 670/0.01 et seq. R. Specified Sexual Activities. Any of the following: Actual physical touching of human genitals, pubic region, buttocks, anus, or female breasts. 2. Actual physical sexual acts, normal or perverted, including intercourse, oral copulation, or sodomy. 3. Actual masturbation. 4. Human genitals in a state of sexual stimulation, arousal, or tumescence. 5. Excretory functions as part of or in connection with any of the activities set forth in paragraphs 1, 2, 3, or 4 of this definition. S. Straddle Dance. The use by any person, including specifically, but without limitation, Adult Establishment Personnel, of any part of his or her body to touch the genitals, pubic region, buttock, anus, or female breast of any Adult Establishment Patron or any other person, or the touching of the genitals, pubic region, buttock, anus, or female breast of any person by any Adult Establishment Patron. Conduct shall be a "Straddle Dance" regardless of whether the "touch" or "touching" occurs while the person is displaying or exposing any Specified Anatomical Area. Conduct shall also be a "Straddle Dance" regardless of whether the "touch" or "touching" is direct or though a medium. Conduct commonly referred to by the slang terms "lap dance ", "table dance ", and "face dance" shall be included within this definition of Straddle Dance. T. Substantial or Significant Portion of its Business. Substantial or significant portion of its business shall be deemed to apply to any Commercial Establishment that satisfies one or more of the following criteria: 1. Gross Sales. 30 percent or more of the retail dollar value of the Commercial Establishment's annual gross sales derives from the sale, rental, or viewing of Adult Materials. 2. Floor Area. 30 percent or more of the floor area of the Commercial Establishment is devoted to the display, viewing, or presentation of Adult Materials, not including storerooms, stock areas, bathrooms, basements, or any other portion of the Commercial Establishment not open to the public. 3. Merchandise Displace. 30 percent or more of the retail dollar value of all merchandise displayed at any one time is attributable to Adult Materials. 4. Inventory. 30 percent or more of all inventory of the Commercial Establishment (whether measured by retail dollar value or number of items) consists at any one time of Adult Materials. 5. Stock In Trade. 30 percent or more of the stock in trade at the Commercial Establishment consists at any one time of Adult Materials. 6. Live Performances. Live performances by persons appearing Semi -Nude, or live performances that are otherwise distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities, and that are taking place 30 percent or more of the time during which the Commercial Establishment is open for business. U. Village Zoning Ordinance. That part of the Village of Buffalo Grove Municipal Code known and referred to as the Village of Buffalo Grove Zoning Ordinance, as it may be amended from time -to -time, currently codified as Title 17 of the Village of Buffalo Grove Municipal Code. E 5.70.030. Adult Use Commissioner. A. The Adult Use Commissioner shall have the following powers and duties: 1. To administer and rule upon the applications for, and the issuance, renewal, suspension, and revocation of Adult Establishment Licenses as set forth in this Chapter. 2. To conduct or provide for such inspections of Adult Entertainment Establishments as shall be necessary to determine and ensure compliance with the provisions of this Chapter and other applicable provisions of law. 3. To periodically review the provisions of this Chapter and the conduct and operation of Adult Entertainment Establishments and Adult Establishment Licensees, and to make such related reports and recommendations to the Village Corporate Authorities as the Adult Use Commissioner shall deem necessary. 4. To conduct such hearings, studies, and report on Adult Entertainment Establishments, and the regulations relating thereto, as the Adult Use Commissioner shall deem necessary, and to conduct such hearings on the revocation or suspension of an Adult Establishment License as required pursuant to this Chapter. 5. To establish written rules and regulations implementing the provisions of this Chapter, including but not limited to, rules related to the content and processing of any petition, and the conduct of any hearing. 6. To take such further actions as the Adult Use Commissioner shall deem necessary to carry out the purposes and intent of this Chapter and to exercise such additional powers in furtherance thereof as are implied or incident to those powers and duties expressly set forth in this Chapter. B. The Adult Use Commissioner may delegate any power or duty set forth above, including appointing a hearing officer regarding revocation or suspension. Provided, such hearing officer shall only have the power to recommend suspension or revocation. 5.70.040. Adult Establishment Licenses - Generally. A. Adult Establishment License Required. An Adult Establishment License shall be required to establish, operate, or maintain an Adult Entertainment Establishment within the Village. B. Operation Without License Prohibited. It shall be unlawful for any person not having a current and valid Adult Establishment License to establish, operate, or maintain an Adult Entertainment Establishment within the Village at any time after the effective date of this Chapter. C. Operation in Violation of License Prohibited. It shall be unlawful for any Licensee to establish, operate, or maintain an Adult Entertainment Establishment within the Village except in the manner authorized by, and in compliance with, the provisions of this Chapter and by the Licensee's Adult Establishment License. D. Content and Display of License. Every Adult Establishment License shall be provided by the Village and shall, at minimum, prominently state on its face the name of 7 the Licensee, the expiration date, and the address of the Adult Entertainment Establishment. Every Licensee shall cause the Licensee's Adult Entertainment License to be framed, covered by glass, and hung at all times in plain view in a conspicuous place on the Licensed Premises so that it can be easily seen and read at any time by any person entering the Licensed Premises. E. License Term. Except as hereinafter provided, Adult Establishment Licenses shall be operative and valid, unless first terminated, suspended, or revoked, for a term of one year commencing on January 1 of the year following the year of issuance and terminating on December 31 of that same year. Adult Establishment Licenses issued after January 1 of any year for operations to commence in that year shall be operative and valid, unless first terminated, suspended, or revoked, for a term commencing on the date of issuance and terminating on December 31 of that same year. F. Renewal. An Adult Establishment License may be renewed only by making application as required for an initial License as provided in this Chapter. Application for renewal shall be made at least 45 days before the expiration of the then - current License term. The expiration of the License shall not be affected or extended by a renewal application that is made less than 45 days before expiration. 5.70.050. Form and Submittal of License Application. A. Required Form. An application for an Adult Establishment License, or the renewal thereof, shall be made in writing to the Adult Use Commissioner on a form prescribed by the Adult Use Commissioner and shall be signed (i) by the applicant, if the applicant is an individual; (ii) by at least one of the persons entitled to share in the profits of the organization and having unlimited personal liability for the obligations of the organization and the right to bind all other such persons, if the applicant is a partnership (general or limited), limited liability corporations or partnerships, joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization; (iii) by a duly authorized agent, if the applicant is a corporation; or (iv) by the trustee, if the applicant is a land trust. The application shall be verified by oath or affidavit as to all statements made on or in connection with the application and any attachments thereto. Each application shall specifically identify the applicant and the Licensed Premises for which an Adult Establishment License is sought. Each initial or renewal application shall be accompanied by seven identical copies. B. Administrative Processing Fee. Every applicant for an Adult Establishment License or for the renewal of an existing Adult Establishment License shall pay an Administrative Processing Fee in the amount of $200.00. The Administrative Processing Fee shall in all cases be non - refundable and shall be deposited in the general corporate fund of the Village. C. Required Information and Documents. Nothing herein shall relieve the applicant from submitting all required information or forms, including but not limited to detailed engineering or architectural plans, as may be otherwise by law. Each application shall include the following information and documents: M, 1. Individuals: The applicant's legal name, all of the applicant's aliases, the applicant's business address and social security number, written proof of the applicant's age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of the applicant's naturalization. 2. Corporations: The applicant corporation's complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of all the directors, officers, and managers of the corporation and every person owning or controlling more than fifty (50) percent of the voting shares of the corporation; the corporation's date and place of incorporation and the object for which it was formed; proof that the corporation is a corporation in good standing and authorized to conduct business in the State of Illinois; and the name of the registered corporate agent and the address of the registered office for service of process. 3. Partnerships (general or limited), limited liability corporations, joint ventures, or any other type of organization where two or more persons share in the profits and liabilities of the organization: The applicant organization's complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of each partner (other than limited partners) or any other person entitled to share in the profits of the organization, whether or not any such person is also obligated to share in the liabilities of the organization. 4. Land trusts: The applicant land trust's complete name; the legal name, all aliases, and the business address of the trustee of the land trust; the legal name, all aliases, and the ages, businesses addresses, and social security numbers of each beneficiary of the land trust and the specific interest of each such beneficiary in the land trust; and the interest, if any, that the land trust holds in the Licensed Premises. 5. If a corporation or partnership is an interest holder that must be disclosed pursuant to this Section, then such interest holders shall disclose the information required in said Sections with respect to their interest holders. 6. The general character and nature of the business of the applicant as well as the length of time that the applicant has been in such business. 7. The location, including street address and legal description, and telephone number, of the premises for which the Adult Establishment License is sought. 8. The specific name of the business that is to be operated under the Adult Establishment License. 9. The identity of each fee simple owner of the Licensed Premises. If the Applicant is not the fee simple owner, a copy of the lease shall be provided. 10. A diagram showing the internal and external configuration of the Licensed Premises, including all doors, windows, entrances, exits, the fixed structural internal features of the Licensed Premises, plus the interior rooms, walls, partitions, stages, performance areas, and restrooms. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; provided, however that each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions to an accuracy of plus or minus six inches and sufficient to W show clearly the various interior dimensions of all areas of the Licensed Premises and to demonstrate compliance with the provisions of this Chapter. The requirements of this paragraph shall not apply for renewal applications if the applicant adopts a diagram that was previously submitted for the License sought to be renewed and if the Licensee certified that the Licensed Premises has not been altered since the immediately preceding issuance of the License and that the previous diagram continues to accurately depict the exterior and interior layouts of the Licensed Premises. The approval or use of the diagram required pursuant to this paragraph shall not be deemed to be, and shall not be interpreted or construed to constitute, any other Village approval otherwise required pursuant to applicable Village ordinances and regulations. 11. The specific type or types of Adult Entertainment Establishment(s) that the applicant proposes to operate in the Licensed Premises. 12. A copy of each Adult Establishment License or any license substantially the same as an Adult Establishment License currently held by the applicant, or any of the individuals identified in the application. 13. Whether the applicant, or any of the individuals identified in the application has had a license or other authorization to conduct or operate a business substantially the same as an Adult Entertainment Establishment revoked or suspended, and, if so, the date and grounds for each such revocation or suspension, and the name and location of the establishment at issue. 14. The name of the individual or individuals who shall be the day -to -day, on -site managers of the proposed Adult Entertainment Establishment. If the manager is other than the applicant, the applicant shall provide, for each manager, all of the information required pursuant to this Section for the applicant. 15. For the individual or individuals executing the application pursuant to this Section, and if different the on -site manager, a fully executed waiver on a form prescribed by the Village to obtain criminal conviction information pursuant to the Illinois Uniform Conviction Information Act. C. Incomplete Applications Returned. Any application for an Adult Establishment License that does not include all of the information and documents required pursuant to Subsection B of this Section as well as the Administrative Processing Fee, shall be deemed to be incomplete and shall not be acted on or processed by the Village. The Adult Use Commissioner shall, within ten days of such submittal, return the incomplete application to the applicant along with a written explanation of the reasons why the application is incomplete. 5.70.060. Processing of License Application. A. Reviewing Departments. Within three days after receipt of a complete application for an Adult Establishment License that includes all the information, documents, the Administrative Processing Fee as required pursuant to this Chapter, the Adult Use Commissioner shall transmit a copy of the application to the Reviewing Departments. O B. Reviewing Department Reports. Each of the Reviewing Departments shall, within 25 days after transmittal of the application thereto, or within such other period of time as the Village and the applicant may otherwise agree, (i) review the application; (ii) conduct such inspections of the proposed Licensed Premises and background investigations of the applicant, the on -site manager and any of the individuals identified in the application pursuant to this Chapter, regarding matters within their respective jurisdictions, as shall be reasonably necessary to verify the information set forth in the application and to determine whether the proposed Adult Entertainment Establishment and Licensed Premises comply with the requirements of this Chapter and other applicable laws, codes, ordinances, rules, and regulations; and (iii) prepare and submit to the Adult Use Commissioner a written report regarding the results and findings of such reviews, inspections, and investigations. C. Adult Use Commissioner Review. The Adult Use Commissioner shall also conduct such inspections and investigations as the Adult Use Commissioner shall deem reasonably necessary to verify the information set forth in the application and to determine whether the proposed Adult Entertainment Establishment and Licensed Premises comply with the requirements of this Chapter and other applicable laws, code, ordinances, rules, and regulations. D. Reliance on Diagram. In the event that the Licensed Premises had not yet been constructed or reconstructed to accommodate the proposed Adult Entertainment Establishment, the Adult Use Commissioner and the Reviewing Departments shall base their respective written reports, investigations, and inspections to the extent necessary, on the diagram submitted pursuant to this Chapter. Any Adult Establishment License issued prior to the construction or reconstruction necessary to accommodate the proposed Adult Entertainment Establishment shall be subject to the condition that the Adult Entertainment Establishment shall not open for business until the Licensed Premises has been inspected and determined to be in substantial compliance with the diagram submitted with the application. E. Applicant Cooperation Required. An applicant for Adult Establishment License shall cooperate fully in the inspections and investigations conducted by the Adult Use Commissioner and the Reviewing Departments. The applicant's failure or refusal (i) to give any information reasonably relevant to the investigation of the application; (ii) to allow the Licensed Premises to be inspected; (iii) to appear at any reasonable time and place for examination under oath regarding the application; or (iv) to otherwise cooperate with the investigation and inspection required by this Chapter, shall constitute an admission by the applicant that the applicant is ineligible for an Adult Establishment License and shall be grounds for denial of the License by the Adult Use Commissioner. F. Time for Issuance or Denial. The Adult Use Commissioner shall, within 30 days after submittal of a properly completed application, or within such other period of time as the Village and the applicant shall otherwise agree, either issue an Adult Establishment License pursuant to the provisions of Section 5.70.080A of this Chapter or deny issuance of the Adult Use Establishment License pursuant to the provisions of Section 5.70.080B 11 of this Chapter. The Adult Use Commissioner shall issue or deny the License within said 30 -day period, or such other period of time as shall have been agreed to by the Village and the applicant, regardless of whether or not the Adult Use Commissioner has received all of the Reviewing Department reports. G. Decision Final. The action taken by the Adult Use Commissioner to issue or deny an Adult Establishment License pursuant to Section 5.70.080 of this Chapter shall be final and shall be subject to judicial review. 5.70.070. Premise Restrictions A. No Adult Establishment License shall be issued to any person for premises for which a liquor license has been issued as provided in the Buffalo Grove Municipal Code. B. When an Adult Establishment License shall have been revoked or surrendered following notice of hearing as provided herein, no license shall be granted to any person for the period of one year thereafter for the conduct of an Adult Entertainment Establishment in the premises described in the revoked license. C. The Applicant shall either own or have a valid lease for the License Premise for the term of the Adult Establishment License. 5.70.080. Standards for Issuance or Denial of License. A. Issuance. The Adult Use Commissioner shall issue an Adult Establishment License to an applicant if, but only if, the Adult Use Commissioner finds and determines all of the following, based on the reports, investigations, and inspections conducted by the Adult Use Commissioner and the Reviewing Departments and on any other credible information on which it is reasonable for the Adult Use Commissioner to rely: 1. All information and documents required by Section 5.70.050 of this Chapter for issuance of an Adult Establishment License have been properly provided and the material statements made in the application are true and correct. 2. For Adult Stores and Adult Theaters, all persons identified in the application pursuant to Sections 5.70.050C I, 2, 3, 4, 5 and 14 of this Chapter are at least 18 years of age and not under any legal disability. For Adult Cabarets, all persons identified in the application pursuant to Sections 5.70.05001, 2, 3, 4, 5 and 14 of this Chapter are at least 21 years of age and not under any legal disability. 3. No person identified in the application pursuant to Sections 5.70.05001, 2, 3, 4, 5 and 14 of this Chapter has been convicted of, pleaded nolo contendere to, or been placed on supervision or conditional discharge for, any Specified Criminal Act within five years immediately preceding the date of the application. 4. No person identified in the application pursuant to Sections 5.70.050C1, 2, 3, 4, 5 and 14 has been, or is married to or residing with, a person (i) who has been denied an Adult Establishment License on the Licensed Premises within 12 months immediately preceding the date of the application, (ii) whose Adult 12 Establishment License has been revoked within 12 months immediately preceding the date of the application, or (iii) whose Adult Establishment License is under suspension at the time of application. 5. No person identified in the application pursuant to Sections 5.70.050C1, 2, 3, 4, 5 and 14 of this Chapter is overdue on payment to the Village of taxes, fees, fines, or penalties assessed against, or imposed on, any such individual in connection to any Adult Entertainment Establishment. 6. The Adult Entertainment Establishment and the Licensed Premises, and the proposed operation of the Adult Entertainment Establishment, comply with this Chapter and all then - applicable building, health, and life safety codes and regulations and have received all necessary zoning, approvals required pursuant to the then- applicable provisions of the Village's Zoning Ordinance, including specifically, but without limitation, the zoning approval, if any, required for the Adult Entertainment Establishment. 7. The applicant has confirmed in writing and under oath as part of the application that the applicant has read this Chapter and all provisions of the Village's Zoning Ordinance applicable to Adult Entertainment Establishments, that the applicant is familiar with their terms and conditions, and that the Licensed Premises and the proposed Adult Entertainment Establishment and its proposed operation are and shall be in compliance therewith. B. Denial. If the Adult Use Commissioner determines that the applicant has not met any one or more of the conditions set forth in Subsection (A) of this Section, then the Adult Use Commissioner shall deny issuance of the Adult Establishment License and shall give the applicant a written notification and explanation of such denial. The Adult Use Commissioner's notice of denial shall be delivered in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the applicant's address as set forth in the application. With regard to a license application for a new Adult Entertainment Establishment, the Adult Establishment License shall be deemed denied on the day that the notice of denial is delivered in person or three days after it is placed in the U.S. mail as provided in this Subsection. With regard to a license application for renewal of an existing Adult Establishment License, in order to allow an aggrieved Licensee an opportunity to obtain judicial review, any such denial shall take effect (a) on the le day after the notice of denial is delivered in person or (b) on the 17h day after it is placed in the U.S. mail as provided in this Subsection. C. License Deemed To Be Issued. If the Adult Use Commissioner does not issue or deny the Adult Establishment License within 30 days after the properly completed application is submitted, then the Adult Establishment License applied for shall be deemed to have been issued. 5.70.090. Inspections by the Village. A. Authority. The Adult Use Commissioner and other Village representatives and departments with jurisdiction shall periodically inspect all Adult Entertainment 13 Establishments as shall be necessary to determine compliance with the provisions of this Chapter and all other applicable law. B. Licensee Cooperation. A Licensee shall permit representatives of the Village to inspect the Licensed Premises and the Adult Entertainment Establishment for the purpose of determining compliance with the provisions of this Chapter and all other applicable laws at any time during which the Licensed Premises is occupied or the Adult Entertainment Establishment is open for business. C. Interference or Refusal Illegal. It shall be unlawful for the Licensee, any Adult Establishment Personnel, or any other person to prohibit, interfere with, or refuse to allow, any lawful inspection conducted by the Village pursuant to this Chapter or any other authority. D. Suspension or Revocation. Any such prohibition, interference, or refusal shall be grounds for suspension or revocation of the Adult Establishment License pursuant to Section 5.70.170 of this Chapter. 5.70.100. Change in Information. During the pendency of any application for, or during the term of, any Adult Establishment License, the applicant or Licensee shall promptly notify the Adult Use Commissioner in writing (i) of any change in any material information given by the applicant or Licensee in the application for such License, including specifically, but without limitation, any change in managers of the Adult Entertainment Establishment or in the individuals identified in the application pursuant to Sections 5.70.05001, 2, 3, 4, 5 and 14 of this Chapter; or (ii) if any of the events constituting grounds for suspension or revocation pursuant to Section 5.70.170 of this Chapter occur. 5.70.110. Regulations Applicable to All Adult Entertainment Establishments. A. General Compliance. All Licensed Premises and Adult Entertainment Establishments shall comply with the provisions of this Chapter; all other applicable Village ordinances, resolutions, rules, and regulations; and all other applicable federal, state, and local laws. B. Hours of Operation. No Adult Entertainment Establishment shall be open for business between the hours of 12:00 a.m. and 12:00 noon on any day. No Adult Entertainment Establishment shall be open for business at any time on any Sunday or any legal State of Illinois or federal holiday. C. Animals. No animals, except only for animals trained and used to assist a person with a disability shall be permitted at any time at or in any Adult Entertainment Establishment. Any such animal must at all times remain with the disabled Adult Entertainment Patron. 14 D. Restrooms. All restrooms in Adult Entertainment Establishments shall be equipped with standard toilets, sinks, and other traditional lavatory facilities. No Adult Materials or live performances shall be provided or allowed at any time in the restroom of an Adult Entertainment Establishment. Separate male and female restrooms shall be provided for and used by Adult Establishment Personnel and Adult Establishment Patrons. E. Restricted Areas. No Adult Entertainment Patron shall be permitted at any time to enter into any of the non - public portions of any Adult Entertainment Establishment, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of Adult Establishment Personnel. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the Licensed Premises; provided, however, that any such persons shall remain in such non - public areas only for the purposes and to the extent and time necessary to perform their job duties. F. Specific Prohibited Acts. 1. No person at any Adult Entertainment Establishment shall appear, be present, or perform while nude. 2. No Adult Establishment Personnel or any other person at any Adult Entertainment Establishment shall perform or conduct any Specified Sexual Activity with or for any Adult Establishment Patron or any other Adult Establishment Personnel or any other person. No Adult Establishment Patron or any other person at any Adult Entertainment Establishment shall perform or conduct any Specified Sexual Activity with or for any Adult Establishment Personnel or any other Adult Establishment Patron or any other person. 3. Straddle Dances are prohibited at all Adult Entertainment Establishments. G. Exterior Display. No Adult Entertainment Establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any Adult Material, or any entertainment depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas, from any sidewalk, public or private right-of- way, or any property other than the lot on which the Licensed Premises is located. No portion of the exterior of an Adult Entertainment Establishment shall utilize or contain any flashing lights, search lights, or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent specifically allowed pursuant to Subsection H of this Section with regards to signs. This Subsection shall apply to any advertisement, display, promotional material, decoration, or sign; to any performance or show; and to any window, door, or other opening. H. Signage Limitations. All signs for Adult Entertainment Establishments shall be flat wall signs. The maximum allowable sign area shall be one square foot of sign area per foot of lot frontage on a street, but in no event exceeding 32 square feet. The maximum number of signs shall be one per lot frontage. Signs otherwise permitted ILI pursuant to this Chapter shall contain only (i) the name of the Adult Entertainment Establishment and/or (ii) the specific type of Adult Entertainment Establishment conducted on the Licensed Premises. Temporary signage shall not be permitted in connection with any Adult Entertainment Establishment. I. Noise. No loudspeakers or sound equipment audible beyond the Licensed Premises shall be used at any time. J. Gambling and Related Devices Prohibited. No Adult Entertainment Establishment shall contain any gambling, video, pinball, slot, bagatelle, pigeon -hole, pool, or any other games, machines, tables, or implements. K. Manager's Station. Each Adult Entertainment Establishment shall have one or more manager's stations. The interior of each Adult Entertainment Establishment shall be configured in such a manner that there is a direct and substantially unobstructed view from at least one manager's station to every part of each area, except restrooms, of the Establishment to which any Adult Entertainment Patron is permitted access for any purpose. L. Alcohol Prohibition. No alcoholic liquor shall be delivered, received, sold, purchased, provided or consumed at any time on any Licensed Premises or at any Adult Entertainment Establishment. M. No massage services shall be provided at an Adult Entertainment Establishment. N. No Adult Establishment Licensee shall permit any person to remain in or upon the Licensed Premises who commits any Specified Criminal Act. 5.70.120. Special Regulations for Adult Booths. A. Prohibited Except in Adult Stores. Adult Booths shall be prohibited in all Adult Entertainment Establishments except Adult Stores. B. Occupancy and Prohibited Acts. Only one individual shall occupy an Adult Booth at any one time. No individual occupying an Adult Booth shall engage in any Specified Sexual Activities. No individual shall damage or deface any portion of an Adult Booth. C. Open Booth Requirement. In addition to satisfying the manager station requirements of Section 5.70.110 of this Chapter, all Adult Stores containing Adult Booths shall be physically arranged in such a manner that the entire interior portion of each Adult Booth shall be visible from the common area of the Adult Store. To satisfy this requirement, there shall be a permanently open and unobstructed entrance way for each Adult Booth and for the entranceway from the area of the Adult Store that provides other Adult Materials to the area of the Adult Store containing Adult Books. Each of these entranceways shall not be capable of being closed or obstructed, entirely or partially, by any door, curtain, partition, drapes, or any other obstruction whatsoever that 16 would be capable of wholly or partially obscuring the area of the Adult Store containing Adult Booths or any person situated in an Adult Booth. It shall be unlawful to install Adult Booths within an Adult Entertainment Establishment for the purpose of providing secluded viewing of Adult Materials or live performances. D. Aisle Required. There shall be one continuous lighted main aisle along side the Adult Booths provided in any Adult Store. Each person situated in a Booth shall be visible at all times from the aisle. E. Holes Prohibited. Except holes or openings needed for installation for facilities and the open Booth entranceway, the walls and partitions of each Adult Booth shall be constructed and maintained solid walls or partitions without any holes or openings whatsoever. F. Signage. A sign shall be posted in a conspicuous place at or near the entranceway to each Adult Booth that states (i) that only one person is allowed in an Adult Booth at any one time, (ii) that it is unlawful to engage in any Specified Sexual Activities while in an Adult Booth, and (iii) that it is unlawful to damage or deface any portion of an Adult Booth. G. Age Limitations. 1. No Adult Establishment Personnel or Adult Establishment Patron at an Adult Booth or a Licensed Premises that includes an Adult Booth shall be under the age of 18. 2. No person under the age of 18 shall be admitted to any Adult Booth or any Licensed Premises that includes an Adult Booth. 3. No person under the age of 18 shall be allowed or permitted to remain at any Adult Booth or at any Licensed Premises that includes an Adult Booth. 4. No person under the age of 18 shall be allowed or permitted to purchase or receive, whether for consideration or not, any Adult Material or other goods or services at or from any Adult Booth or any Licensed Premises that includes an Adult Booth. 5.70.130. Special Regulations for Adult Cabarets. A. Performance Area. The performance area of an Adult Cabaret shall be limited to one or more stages or platforms permanently anchored to the floor (a "Cabaret Stage "). Each Cabaret Stage shall be at least 18 inches in elevation above the level of the patron seating areas. Each Cabaret Stage shall be separated by a distance of at least 8 feet from all areas of the premises to which Adult Entertainment Patrons have access. A continuous barrier at least three feet in height and located at least eight feet from all points of each Cabaret Stage shall separate each Cabaret Stage from all seating areas. The barrier shall consist of horizontal or vertical members spaced no more than nine inches apart and nine inches from the floor or the walls to which it is attached. No Adult Entertainment Patron shall be allowed at any time on any Cabaret Stage. 17 B. Lighting. Sufficient lighting shall be provided and equally distributed throughout the public areas of the Adult Cabaret so that all objects are plainly visible at all times. A minimum lighting of not less than 30 lux horizontal, measured at 30 inches from the floor and on 10 -foot centers shall be maintained at all times for all areas of the Adult Cabaret where Adult Establishment Patrons are admitted. C. Tipping. No tip or gratuity may be offered or accepted for any performance by Adult Establishment Personnel on any Adult Cabaret Stage at any time prior to the completion of any such performance. No Adult Establishment Patron shall offer, and no Adult Establishment Personnel having performed on any Cabaret Stage shall accept, in any form of tip or gratuity offered directly or personally to the Adult Establishment Personnel by the Adult Establishment Patron. Rather, following completion of a performance, all tips and gratuities to Adult Establishment Personnel performing on any Cabaret Stage shall be placed into a receptacle provided for receipt of such tips and gratuities by the Adult Entertainment Establishment. D. Notice of Select Rules. A sign at least two feet by two feet, with letters at least one inch high shall be conspicuously displayed on or adjacent to every Cabaret Stage stating the following: THIS ADULT CABARET IS REGULATED BY THE VILLAGE OF BUFFALO GROVE. ENTERTAINERS ARE: 1. NOT PERMITTED TO APPEAR IN A STATE OF NUDITY OR ENGAGE IN ANY TYPE OF SEXUAL CONDUCT. 2. NOT PERMITTED TO ACCEPT ANY TIPS OR GRATUITIES FOR ANY PERFORMANCE UNTIL COMPLETION OF THE PERFORMANCE. 3. NOT PREMITTED TO ACCEPT ANY TIPS DIRECTLY FROM PATRONS. EVEN AFTER COMPLETION OF THE PERFORMANCE. ANY SUCH TIPS MUST BE PLACED INTO THE RECEPTACLE PROVIDED BY MANAGEMENT. 4. NO ALCOHOLIC LIQUOR IS PERMITTED AT ANY TIME. E. Age Limitations. 1. No Adult Establishment Personnel or Adult Establishment Patron at an Adult Cabaret or a Licensed Premises used for Adult Cabaret shall be under the age of 21. 2. No person under the age of 21 shall be admitted to any Adult Cabaret or to any Licensed Premises used for an Adult Cabaret. 3. No person under the age of 21 shall be allowed or permitted to remain at any Adult Cabaret or any Licensed Premises used for an Adult Cabaret. 4. No person under the age of 21 shall be allowed or permitted to purchase, receive, whether for consideration or not, any Adult Material or other goods or services at or from any Adult Cabaret or any Licensed Premises used for an Adult Cabaret. 5.70.140. Special Regulations for Adult Stores A. Windows and Signs. Window areas for Adult Stores shall not be covered or obstructed in any way. No signs or obstructions shall be placed in the windows. B. Age Limitations. 1. No Adult Establishment Personnel or Adult Establishment Patron at an Adult Store or a Licensed Premises used for Adult Store shall be under the age of 18. 2. No person under the age of 18 shall be admitted to any Adult Store or to any Licensed Premises used for an Adult Store. 3. No person under the age of 18 shall be allowed or permitted to remain at any Adult Store or any Licensed Premises used for an Adult Store. 4. No person under the age of 18 shall be allowed or permitted to purchase, receive, whether for consideration or not, any Adult Material or other goods or services at or from any Adult Store or any Licensed Premises used for an Adult Store. 5.70.150. Special Regulations for Adult Theaters. A. Seating. Each Adult Theater shall provide seating only in individual chairs with arms or in seats separated from each other by immovable arms and not on couches, benches, or any other multiple person seating structures. The number of seats shall equal the maximum number of persons who may occupy the Adult Theater. B. Aisle. Each Adult Theater shall have a continuous main aisle alongside the seating area in order that each person seated in the Adult Theater shall be visible at all times. C. Sign. Each Adult Theater shall have a sign posted in a conspicuous place at or near each entranceway to the auditorium or similar area that lists the maximum number of persons who may occupy the auditorium area, which number shall not exceed the number of seats in the auditorium area. D. Age Limitations 1. No Adult Establishment Personnel or Adult Establishment Patron at an Adult Theater a Licensed Premises used for Adult Theater shall be under the age of 18. 2. No person under the age of 18 shall be admitted to any Adult Theater or to any Licensed Premises used for an Adult Theater. 3. No person under the age of 18 shall be allowed or permitted to remain at any Adult Theater or any Licensed Premises used for an Adult Theater. 19 4. No person under the age of 18 shall be allowed or permitted to purchase, receive, whether for consideration or not, any Adult Material or other goods or services at or from any Adult Theater or any Licensed Premises used for an Adult Theater. 5.70.160. Licensees Responsibility for Adult Establishment Personnel. Every act or omission by Adult Establishment Personnel constituting a violation of the provisions of this Chapter shall be deemed and held to be the act or omission of the Licensee if such act or omission occurs either with the authorization, knowledge, or approval of the Licensee or as a result of the Licensee's negligent failure to supervise the Adult Establishment Personnel. The Licensee shall be punishable for any such act or omission in the same manner as if the Licensee committed the act or caused the omission. Accordingly, any such act or omission of any such Adult Establishment Personnel constituting a violation of the provisions of this Chapter shall be deemed, for purposes of determining whether the Licensee's Adult Establishment License shall be issued, revoked, suspended, or renewed, to be the act or omission of the Licensee. 5.70.170. On Site Adult Entertainment Prohibited. On Site Adult Entertainment is prohibited. No business shall offer or provide On Site Adult Entertainment. No person shall employ any business or person to provide On Site Adult Entertainment. 5.70.180. License Revocation or Suspension. A. Grounds. Pursuant to the procedures set forth in Subsection B of this Section, the Adult Use Commissioner may suspend for not more than 30 days, or revoke, any Adult Establishment License if the Adult Use Commissioner, based upon credible and reasonably reliable information and evidence, determines that any one or more of the following has occurred: 1. The Licensee has violated any of the provisions or requirements of this Chapter or the Adult Establishment License issued pursuant hereto, or the provisions of the Village Zoning Ordinance applicable to the Licensed Premises or the Adult Entertainment Establishment. 2. The Licensee (i) knowingly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the Village for issuance or renewal of any Adult Entertainment License, (ii) knowingly or negligently caused or suffered any other person to furnish or withhold any such information on the Licensee's behalf, or (iii) knowingly or negligently failed to correct or update information as required by this Chapter. 3. The Licensee has committed a felony or Specified Criminal Act on the Licensed Premises. 4. The Licensee authorizes, approves, or, as a result of the Licensee's negligent failure to supervise the Licensed Premises or the Adult Entertainment Off Establishment, allows, Adult Establishment Personnel, and Adult Establishment Patron, or any other person to (i) violate any of the provisions or requirements of this Chapter or the provisions or requirements of the Adult Establishment License issued pursuant hereto, or (ii) commit any felony or Specified Criminal Act on the Licensed Premises. 5. The Licensee, or any person identified pursuant to Sections 5.70.050C1, 2, 3, 4, 5 and 14 of this Chapter becomes disqualified for the issuance of an Adult Establishment License at any time during the term of the License at issue. B. Procedure. An Adult Entertainment Establishment License may be suspended for not more than 30 days, or revoked, pursuant to the terms and conditions set forth herein. 1. Notice. Upon determining that one or more of the grounds for suspension or revocation under Subsection A of this Section may exist, the Adult Use Commissioner shall serve a written notice on the Licensee in person or by certified U. S. mail, postage prepaid, return receipt requested, addressed to the Licensee's address as set forth in the Licensee's application. The written notice shall, at a minimum, (i) state that Adult Use Commissioner has determined that the Adult Establishment License may be subject to suspension or revocation pursuant to this Chapter; (ii) identify the specific grounds for the Adult Use Commissioner's determination; and (iii) set a date for a hearing regarding the Adult Use Commissioner's determination as to the possibility of suspension or revocation of the Adult Establishment License. The date of the hearing shall be no less than five days after service of the Adult Use Commissioner's notice, unless an earlier date is agreed to by the Licensee and the Adult Use Commissioner. When notice is mailed, service shall be deemed given 2 days after mailing. 2. Hearing. The hearing shall be conducted by the Adult Use Commissioner. At the hearing, the Licensee may present and submit evidence and witnesses to refute the grounds cited by the Adult Use Commissioner for suspending or revoking the License and the Village and any other persons may submit evidence to sustain such grounds. The administrative record compiled on the Adult Entertainment Establishment pursuant to Section 5.70.180 of this Chapter shall be made part of the hearing record. The Adult Use Commissioner may designate a hearing officer to schedule, convene and conduct the public hearing. In such case, the hearing officer shall have the same powers as the Adult Use Commissioner to conduct the hearing. Where such designation has been made, the hearing officer shall submit proposed findings and recommendations to the Adult Use Commissioner within seven days of the close of the hearing. Within fourteen days after the close of the hearing, the Adult Use Commissioner shall, having considered the record made at the hearing, render a decision in writing, setting forth the reasons for the decision. The action taken by the Adult Use Commissioner shall be final and shall be subject to judicial review. 3. Notice and Effective Date of Suspension or Revocation. The Adult Use Commissioner's written decision shall be posted at the office of the Adult Use Commissioner and shall be served on the Licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the Licensee's 21 address as set forth in the Licensee's application. In order to allow an aggrieved Licensee an opportunity to obtain judicial review, any such suspension or revocation, as the case may be, shall take effect (a) on the 10 day after the notice of denial is delivered in person or (b) on the 17'' day after it is placed in the U.S. mail as provided in this Subsection. 4. Surrender of License. Upon the suspension or revocation of an Adult Establishment License pursuant to this Chapter, the Adult Use Commissioner shall take custody of the suspended or revoked License. 5.70.190. Administrative Record. The Adult Use Commissioner shall cause to be kept in the Village Clerk's office an accurate record of every Adult Establishment License application received and acted on, together with all relevant information and material pertaining to such application, any Adult Establishment License issued pursuant thereto, and any Adult Entertainment Establishment operated pursuant to such Adult Establishment License. 5.70.200. Adult Establishment Personnel Registration and Recordkeeping by Licensee. A. Registration. The Licensee of every Adult Entertainment Establishment shall maintain a register of all of its Adult Establishment Personnel with the Adult Use Commissioner by providing the following information to the Adult Use Commissioner no later than the business day immediately preceding the day of commencement of the Adult Establishment Personnel service at the Adult Use Entertainment Establishment: 1. Legal name. 2. Date of birth. 3. Gender, height, weight, hair and eye color. 4. Date of commencement of employment. 5. Specific job or employment duties. 6. The names of each governmental body, including the County, from which, within three years immediately preceding the date of registration, the Adult Use Personnel has received an Adult Establishment License, or any other official authorization to operate or to be employed at, an Adult Entertainment Establishment or a business substantially the same as an Adult Entertainment Establishment. 7. Whether the Adult Establishment Personnel has had any such license or authorization revoked or suspended, and, if so, the date and grounds for each such revocation or suspension, and the name and location of the establishment at issue. E. Adult Use Personnel Register. The Licensee of every Adult Entertainment Establishment shall maintain a register of all of its Adult Establishment Personnel. For each such person, the register shall include the following: 1. Legal name. 22 2. Date of birth. 3. Gender. 4. Date of commencement of employment. 5. Date of employment termination, if applicable. 6. Specific job or employment duties. The register shall be maintained for all current Adult Establishment Personnel and all Adult Establishment Personnel employed or working at any time during the preceding 36 months. The Licensee shall make the register of its Adult Establishment Personnel available for inspection by the Village immediately upon demand at all reasonable times. 5.70.210. Penalty. Any person who violates, neglects, refuses to comply with, or assists or participates in any way in the violation of, any of the provisions or requirements of this Chapter or of any of the provisions or requirements of any Adult Establishment License, shall be fined not more than $500 for each such violation. 5.70.220. Nuisance Declared. Any Adult Entertainment Establishment established, operated, or maintained in violation of any of the provisions or requirements of this Chapter or of any Adult Establishment License shall be, and the same is, declared to be unlawful and a public nuisance. The Village may, in addition to or in lieu of any other remedies set forth in this Chapter, commence an action to enjoin, remove, or abate such nuisance in the manner provided by law and shall take such other steps and apply to such, court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from establishing, operating, or maintaining an Adult Entertainment Establishment contrary to the provisions of this Chapter. 5.70.230. Computation of Time. Unless otherwise specifically set forth in this Chapter, the time within which any act required by this Chapter is to be done shall be computed by excluding the first day and including the last day, unless the last day is Saturday, Sunday or 'a Federal or State holiday, in which case it shall also be excluded. If the day immediately following such Saturday, Sunday, or holiday is also a Saturday, Sunday, or Holiday, the such succeeding day shall also be excluded. 5.70.240. Severability. In the event that any provision of this Chapter, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity or effectiveness of any of the remaining 23 provisions of this Chapter, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the Village that this Chapter would have been adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. Section 3. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 4. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: NAYES: ABSENT: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trill 0 - None PASSED: June 21 , 2004. APPROVED: June 21 , 2004. PUBLISHED: June Irl Village Clerk C:\DanUzftd\BG Adult Use \Licensing Draft 052504.doc FM 2004. APPROVED: Village President a 1