Chapter 22
BUSINESSES*
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Cross references: Advertising, ch. 6; alcoholic beverages, ch. 10; animals, ch. 14; slaughterhouses prohibited, § 14-4; buildings and building regulations, ch. 18; environment, ch. 38; health and sanitation, ch. 42; human relations, ch. 46; secondhand goods, ch. 62; subdivisions, ch. 74; taxation, ch. 78; utilities, ch. 86; zoning, app. A.
State law references: Municipal powers over certain businesses, 65 ILCS 5/11-42-1 et seq.; issuance and revocation of municipal licenses, 65 ILCS 5/11-60-1.
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Article I. In General
Sec. 22-1. Restricted area for auctioneers, hawkers and peddlers.
Secs. 22-2– 22-25. Reserved.
Article II. Licensing Generally
Sec. 22-26. Penalties.
Sec. 22-27. Manner of applying for and issuing.
Sec. 22-28. Contents.
Sec. 22-29. Term; transferability.
Sec. 22-30. Revocation.
Sec. 22-31. Rates.
Sec. 22-32. Conducting lottery or game of chance; penalty.
Secs. 22-33– 22-49. Reserved.
Article III. Raffles
Division 1. Generally
Sec. 22-50. Title.
Sec. 22-51. Definitions.
Sec. 22-52. Penalty for violation of article.
Sec. 22-53. Conduct generally.
Sec. 22-54. Prizes; sale of chances.
Sec. 22-55. Raffle manager; bond.
Sec. 22-56. Records.
Secs. 22-57– 22-59. Reserved.
Division 2. License
Sec. 22-60. Required; eligibility.
Sec. 22-61. Filing of application; action on application.
Sec. 22-62. Filing fee.
Secs. 22-63– 22-74. Reserved.
Article IV. Adult Use Licensing and Regulation
Sec. 22-75. Purpose.
Sec. 22-76. Definitions.
Sec. 22-77. License required.
Sec. 22-78. Issuance of license.
Sec. 22-79. Fees.
Sec. 22-80. Inspection.
Sec. 22-81. Expiration of license.
Sec. 22-82. Suspension.
Sec. 22-83. Revocation.
Sec. 22-84. Transfer of license.
Sec. 22-85. Adult entertainment cabarets– Restrictions.
Sec. 22-86. Video viewing booths or rooms– Restrictions.
Sec. 22-87. Hours of operation.
Sec. 22-88. Age requirement.
Sec. 22-89. Sales of adult media and sexual devices by non-adult uses.
ARTICLE I. Sec. 22-1. Restricted area for auctioneers, hawkers and peddlers.
(a) It shall be unlawful for any auctioneer, hawker or peddler, with or without a wagon, truck or street stand, to occupy or use any part of the following named streets of the city: Archer Avenue from Fourth Street east to Tenth Street; Locust Street from Fourth Street to Tenth Street; Plum Street from Fourth Street to Tenth Street; Fifth Street from Locust Street to Plum Street; Sixth Street from Locust Street to Plum Street; Seventh Street from Locust Street to Plum Street; Eighth Street from Locust Street to Plum Street; Ninth Street from Locust Street to Plum Street; Tenth Street from Locust Street to Plum Street.
(b) Whoever violates the provisions of this section, upon conviction, shall be fined according to the provisions of section 1-5 of this Code.
(c) Each sale or use in violation of this section shall constitute a separate offense and subject the violator thereof to the penalty set out in subsection (b).
(Code 1976, § 8-8; Ord. No. 97-8, § 1, 6-23-97; Ord. No. 97-26, § 1, 11-10-97)
Secs. 22-2– 22-25. Reserved.
ARTICLE II. ------------
Cross references: Alcoholic beverage licenses, § 10-31 et seq.; scavenger and refuse collector licenses, § 66-41 et seq.
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Sec. 22-26. Penalties.
Any person who shall pursue any calling mentioned in any of the sections of this chapter without first having obtained a license so to do as provided in this article shall be fined according to the provisions of section 1-5 of this Code for each offense; provided, that in no case shall the fine be less than the amount required to obtain a license to pursue a calling for which the conviction is sought. And, provided further, that no license shall be issued for jewelry, watch or money selling schemes or to street fairs of any kind within the general acceptance of the term, and any person so doing shall be fined according to the provisions of section 1-5 of this Code for each offense.
(Code 1976, § 8-6; Ord. No. 97-26, § 2, 11-10-97)
Sec. 22-27. Manner of applying for and issuing.
Licenses shall be granted under the ordinances of the city in the manner and on the conditions following and not otherwise: The person desiring license shall make a written application therefor to the clerk, signed by the applicant, stating therein the purpose and the time for which such license is desired and the place where the business for which license is sought is to be conducted, and upon the presentation of such application to the clerk and the payment of the sum required by ordinance for such license, the clerk shall issue to the applicant such license in accordance with the provisions of the application and the ordinances of the city, but such license shall not be effective until the license shall be signed and approved by the mayor of the city or by some person designated by him in writing, which such designation shall be filed in the office of the clerk. The clerk shall preserve in his office a record of all licenses so issued by him and approved by the mayor as aforesaid.
(Code 1976, § 8-1)
Sec. 22-28. Contents.
Every license shall contain the name in full of the person to whom the license is granted, the kind of business thereby authorized, the time covered by the license, and, where the licensee is to conduct a local business, the street and description of the place of business thereby covered, and shall be signed by the clerk and attested by the seal of the city. Such license shall not protect the holder thereof beyond the express terms of the license or the ordinances of the city or the laws of the state. Every person holding a license shall upon demand exhibit such license to any city officer.
(Code 1976, § 8-2)
Sec. 22-29. Term; transferability.
Unless otherwise specially provided, no license shall be granted for a longer period than one year, nor be assignable or transferable without permission of the council, or be held to authorize any person other than the one therein named to carry on the business therein specified; and where bond is by ordinance required of the person licensed, the clerk shall see to the taking and approving of such bond unless otherwise specially provided. Provided, further, that no license shall extend beyond the municipal year in which the license is granted and that the fees for all licenses shall be paid in advance.
(Code 1976, § 8-3)
Sec. 22-30. Revocation.
Every license issued by the city shall be taken and held subject to all provisions of this Code and other ordinances and police regulations then existing or afterwards passed and all licenses shall be subject to revocation by the council if the licensee violates any law or ordinance pertaining to the licensed business. Upon the refunding of the price paid for the unexpired time, such license shall immediately cease and be terminated; provided, however, it shall not be necessary to refund any portion of the sum paid for such license upon its revocation for violation of any provision of this Code or other ordinances of the city or the laws of the state.
(Code 1976, § 8-4)
Sec. 22-31. Rates.
The charges for licenses under this chapter shall be as follows:
(1) Auctioneers, peddlers or hawkers with truck or wagon, selling merchandise, $3.00 per day or $50.00 per year.
(2) Hawkers or peddlers of foreign fruits or any produce dealer engaged in the hawking or peddling of foreign fruits, $2.00 per day or $50.00 per year.
(3) Foot peddlers or hawkers, with pack, $2.00 per day or $50.00 per year.
(4) Hawkers or peddlers with street stand or general refreshment stand, $2.00 per day; lemonade or cigar stand or both, $1.00 per day for each 64 square feet occupied or covered by such stand, or fraction thereof. Provided, that no street stand shall be erected in front of any business house within the city without the consent of the proprietor thereof.
(5) Peanut roasters, popcorn machines, or combination machines of both peanuts and popcorn, when operated on any street, sidewalk or alley in the city, $1.00 per day or $5.00 per year.
(6) Merry-go-rounds, swings, or rides of like nature, $5.00 per day for the first day and $3.00 per day for each succeeding day, or $50.00 per year.
(7) Lung testers, striking or lifting machines, throwing at targets or dummies, or other public amusement games, $1.00 per day.
(8) Circus and menageries, $10.00 per day.
(9) Tent exhibitions, tent shows (except circuses and menageries) and medicine shows, $5.00 per day or $15.00 per week.
(10) Public hall exhibitions and entertainments where an admittance fee is charged, including theatres and dancehalls, $2.00 per day for the first day and $1.00 per day for each succeeding day, or $25.00 per year; provided, that if there is more than one theatre in the city, the license fee for the second or subsequent theatre shall be the sum of $1,000.00, and for each additional and subsequent theatre, the license fee shall be $1,000.00, subject however, that if the population of the city shall increase to 5,000 or more, then the second or subsequent theatre shall pay a fee of $25.00 per year, and, for each additional 5,000 population, the same fee shall apply as for the first license. Provided, further, this clause shall not apply to entertainments given for charitable, benevolent or church purposes. Provided, further, that public dancehalls as provided in this section shall be held to include all dancehalls open to the public to which an admittance fee is charged, or to which a charge is made for dancing.
(11) Skating rinks, either indoor or outdoor, $5.00 per day for the first day and $3.00 per day for each succeeding day, or $150.00 per year.
(12) Pool tables, pigeonhole tables, billiard tables, $5.00 per year each; pin and ball alleys, pinball machines and shuffleboards, $10.00 per year each. Provided, however, that in no instance shall the clerk have authority to issue any license for pool or billiard halls or bowling or pin and ball alley, but the application shall be presented to the council for action thereon, and the decision of the council shall be final and conclusive of the right of such applicant to a license.
(13) Shooting galleries, $1.00 per day or $7.00 per year.
(14) Auctioneers or hawkers keeping an auctioneering or hawking house, $25.00 per day or $150.00 per year.
(15) For the advertisement for sale or disposal of goods, wares or merchandise, or for the advertisement of private enterprise by itinerant vendors by the use of public address system, radio or other broadcasting equipment, and the use of the public streets therefor, the sum of $10.00 per day or $150.00 per year.
(Code 1976, § 8-5)
Sec. 22-32. Conducting lottery or game of chance; penalty.
(a) Any person having procured a license to conduct a business under this article who shall under cover thereof conduct or operate any lottery or operate any gambling device or game of chance of any kind shall be guilty of a misdemeanor and be fined in any sum not less than $10.00 nor more than $200.00.
(b) Subsection (a) shall not apply to lawful participation in the state lottery.
(Code 1976, § 8-7)
State law references: Illinois Lottery Law, 20 ILCS 1605/1 et seq.
Secs. 22-33– 22-49. Reserved.
ARTICLE III. DIVISION 1. Sec. 22-50. Title.
This article shall be known and may be cited as "The City of Marshall, Illinois, Raffles Ordinance."
(Ord. No. 98-15, § 2, 7-27-98)
Sec. 22-51. Definitions.
(a) The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Enabling act means the "Raffles Act" (230 ILCS 15/0.01 et seq.).
Net proceeds means the gross receipts from the conduct of raffles, less reasonable sums expending for prizes, license fees as provided in this article, and other reasonable operating expenses incurred as a result of operating a raffle.
Raffle means a form of lottery as defined in section 28-2(b) of the Criminal Code of 1961 (720 ILCS 5/28-2(b)), conducted by an organization licensed under the terms of this article, in which:
(1) The player pays or agrees to pay something of value for a chance, represented and differentiated by a number or by a combination of numbers or by some other medium, one or more of which chances is to be designated the winning chance.
(2) The winning chance is to be determined through a drawing or by some other method based on an element of chance by an act or set of acts on the part of persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited sporting contest.
(b) For purposes of this article, the terms "nonprofit," "charitable," "educational," "religious," "fraternal," "veterans," and "labor," all referring to organizations or institutions established for such purposes, shall have the same meanings as are given to such terms pursuant to section 2(b) of the enabling act.
(Ord. No. 98-15, § 2, 7-27-98)
Sec. 22-52. Penalty for violation of article.
Any person violating the provisions of this article shall upon conviction thereof be fined as provided in section 1-5 of this Code.
(Ord. No. 98-15, § 2, 7-27-98)
Sec. 22-53. Conduct generally.
(a) The following limitations shall apply in respect to the conduct of raffles within the city:
(1) The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game.
(2) No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle.
(3) No person may receive any remuneration or profit for participating in the management or operation of the raffle.
(4) A licensee may rent a premises on which to determine the winning chance or chances in a raffle only from an organization which is also licensed under this article.
(5) Raffle chances may be sold or issued only within the area specified on the license and winning chances may be determined only at those locations specified on the license.
(6) A person under the age of 18 years may participate in the conducting of raffles or chances only with the permission of a parent or guardian. A person under the age of 18 years may be within the area where winning chances are being determined only when accompanied by his or her parent or guardian.
(7) Any license issued pursuant to this article shall be valid for only one raffle, and the license may be suspended or revoked for any violation of the terms of this article or the enabling act.
(b) If a lessor rents a premises where a winning chance or chances on a raffle are determined, the lessor shall not be criminally liable if the person who uses the premises for the determining of winning chances does not hold a license issued by the city.
(Ord. No. 98-15, § 2, 7-27-98; Ord. No. 07-35, § 1, 8-14-07)
Sec. 22-54. Prizes; sale of chances.
The following limitations shall apply as to prizes, merchandise and chances in connection with any raffle conducted within the city:
(1) The aggregate retail value of all prizes or merchandise awarded by a licensee in connection with a single raffle shall not exceed $25,000.00.
(2) The maximum retail value of each prize awarded by a licensee in a single raffle shall not exceed $15,000.00.
(3) The maximum number of days during which chances may be issued or sold shall not exceed 180 days.
(Ord. No. 98-15, § 2, 7-27-98)
Sec. 22-55. Raffle manager; bond.
All operation of and the conduct of raffles within the city shall be under the supervision of a single raffle manager designated by the organization. The manager shall give a fidelity bond in an amount equal to the aggregate retail value of all prizes or merchandise to be awarded by the licensee in connection with the raffle, in favor of the organization, conditioned upon the honesty of such manager in the performance of his or her duties. The terms of the bond shall provide that notice shall be given in writing to the city, by filing the notice with the office of the city clerk, not less than 30 days prior to the cancellation of such bond. Notwithstanding the provisions of this section, no bond shall be required of any raffle manager of a raffle wherein the aggregate retail value of all prizes or merchandise to be awarded does not exceed $1,000.00. The city council may waive the bond requirement, provided the request for waiver is included in the application and the request for waiver is approved only by unanimous vote of the members of the licensed organization.
(Ord. No. 98-15, § 2, 7-27-98; Ord. No. 07-35, § 2, 8-14-07)
Sec. 22-56. Records.
Any organization licensed under the provisions of this article shall maintain the following records with respect to the raffle conducted pursuant to such license:
(1) Each organization licensed to conduct raffles and chances shall keep records of its gross receipts, expenses and net proceeds for each single gathering or occasion at which winning chances are determined. All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the recipient. The distribution of net proceeds shall be itemized as to payee, purpose, amount and date of payment.
(2) Gross receipts from the operation of raffles programs shall be segregated from other revenues of the organization, including bingo gross receipts if bingo games are also conducted by the same nonprofit organization pursuant to license therefor issued by the department of revenue of the state, and placed in a separate account. Each organization conducting raffles pursuant to this article shall have separate records of each raffle conducted pursuant to this article. The person who accounts for gross receipts, expenses and net proceeds from the operation of raffles on behalf of such organization shall not be the same person who accounts for other revenues of the organization.
(3) Each organization licensed to conduct raffles shall report promptly after the conclusion of each raffle to its membership, and to the city, its gross receipts, expenses and net proceeds from raffles, and the distribution of net proceeds itemized as required in this section.
(4) Records required by this section shall be preserved for three years, and organizations shall make available their records relating to operation of raffles for public inspection at reasonable times and places.
(Ord. No. 98-15, § 2, 7-27-98)
Secs. 22-57– 22-59. Reserved.
DIVISION 2. Sec. 22-60. Required; eligibility.
(a) No person shall conduct raffles or chances within the city without first having obtained a license therefor as provided in this division.
(b) Licenses may be issued only to bona fide religious, charitable, labor, business, fraternal, educational, or veterans' organizations that operate without profit to their members and which have been in existence continuously for a period of five years immediately before making application for a license and which have had during that entire five-year period a bona fide membership engaged in carrying out their objects, or to a nonprofit fund raising organization that the city determines is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardship as the result of an illness, disability, accident, or disaster.
(c) Notwithstanding any contrary provision contained in this division, the following are ineligible for any license under this division:
(1) Any person who has been convicted of a felony.
(2) Any person who is or has been a professional gambler or gambling promoter.
(3) Any person who is not of good moral character.
(4) Any firm or corporation in which a person defined in subsection (c)(1), (2) or (3) of this section has a proprietary, equitable or credit interest, or in which such a person is active or employed.
(5) Any organization in which a person defined in subsection (c)(1), (2) and (3) of this section is an officer, director or employee, whether compensated or not.
(6) Any organization in which a person defined in subsection (c)(1), (2) or (3) of this section is to participate in the management or operation of a raffle.
(Ord. No. 98-15, § 2, 7-27-98)
Sec. 22-61. Filing of application; action on application.
(a) Any person applying for a raffle license pursuant to the provisions of this division shall file a written application therefor in the office of the city clerk. Such application shall be in writing and shall contain the following information:
(1) The area or areas within the city in which raffle chances will be sold or issued;
(2) The time period during which raffle chances will be sold or issued;
(3) The time of determination of winning chances;
(4) The location or locations at which winning chances will be determined; and
(5) A sworn statement attesting to the not-for-profit character of the prospective licensee organization signed by the presiding officer and the secretary of that organization.
(b) Any such application for a raffle license filed pursuant to this section shall be acted upon by the city council within 30 days from the date on which it is filed; provided, however, that, in the case of any raffle in which the total aggregate retail value of all prizes or merchandise to be awarded does not exceed $10,000.00, the application for a raffle license may be acted upon by the city clerk upon proper application and compliance with the terms and provisions of this article.
(Ord. No. 98-15, § 2, 7-27-98)
Sec. 22-62. Filing fee.
Each application for a raffle license filed pursuant to this division shall be accompanied by a nonrefundable filing fee in the amount of $10.00, to be paid at time of the filing.
(Ord. No. 98-15, § 2, 7-27-98)
Secs. 22-63– 22-74. Reserved.
ARTICLE IV. ------------
State law references: Promotion of Health, 65 ILCS 5/11-20-5; Licensing, 65 ILCS 5/11-42-5.
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Sec. 22-75. Purpose.
The purpose of this article is to regulate adult uses to protect the community from the many types of criminal activity frequently associated with such uses. The city recognizes that such regulation cannot in effect prohibit such uses. This article has balanced the competing interest of the community in reducing criminal activity and protecting property values versus the protected rights of the owners, operators, employees and patrons of adult uses.
(Ord. No. 02-17, § 1, 11-25-02)
Sec. 22-76. Definitions.
(1) The following terms have the same meaning as the term is defined in section 2.1 of the City of Marshall Zoning Ordinance:
Adult arcade
Adult bookstore
Adult entertainment cabaret
Adult media
Adult motion picture theater
Adult novelty
Adult novelty store
Adult use
Sexual device
Specified anatomical areas
Specified sexual activities
Substantial or significant portion
(2) Employee: Employees, independent contractors or any other person who is retained by the licensee or subject to dismissal from working at the licensed premises.
(Ord. No. 02-17, § 1, 11-25-02; Ord. No. 07-3, § 2, 3-12-07; Ord. No. 10-3, § 40, 3-26-10)
Sec. 22-77. License required.
(a) It shall be unlawful for any person to operate an adult use without a valid adult use business license issued by the city pursuant to this article.
(b) An application for a license shall be made on a form provided by the city and such form shall be available upon request.
(c) All applicants must be qualified according to the provisions of this article.
(d) If one or more individuals wish to operate an adult use, each individual must sign the application for a license as applicant. If a business entity wishes to operate an adult use, each individual who has a 20 percent or greater interest in the entity must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if the license is granted.
(e) The completed application for an adult use business license shall contain the following information:
(1) If the applicant is an individual, the individual shall state his or her legal name and any aliases and submit proof that he or she is at least 18 years of age;
(2) If a partnership, its complete name and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
(3) If a corporation, its complete name, the date of incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and shareholders owning more than five percent of the stock, and the name and address of the registered corporate agent;
(4) If a limited liability company, its complete name, the date of formation, evidence that it is in good standing under the laws of its state of formation, the names of its manager and members owning more than five percent interest in the company.
(f) If the applicant intends to operate the adult use business under a name other than that of the applicant, the applicant must state:
(1) The business' assumed name, and
(2) Submit any required registration documents.
(g) A sketch or diagram showing the configuration of the premises including a statement of total floor area occupied by the business. This sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises.
(Ord. No. 02-17, § 1, 11-25-02; Ord. No. 07-3, § 3, 3-12-07)
Sec. 22-78. Issuance of license.
(a) Within 30 days after receipt of a completed adult use business license application, the city shall approve or deny the issuance of a license to an applicant. The city shall approve the issuance of a license unless it determines by a preponderance of the evidence any one or more of the following:
(1) The applicant is under 18 years of age.
(2) The applicant has failed to provide information reasonably necessary for the issuance of the license or has falsely answered a question or request for information on the application form.
(3) The premises to be used for the adult use business has not been approved by the city's building inspector and the city's zoning officer as being in compliance with applicable laws and articles, specifically, and not limited to, the city's buildings and building regulations ordinance and the city's zoning ordinance.
(4) The license fee required by this article has not been paid.
(5) The applicant of the proposed adult use is in violation of or is not in compliance with any of the provisions of this article.
(b) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the adult use business. An adult use license shall be posted in a conspicuous place at or near the entrance to the business so that it may be easily read at any time.
(c) The city building inspector and city zoning officer shall complete their certification that the premises is or is not in compliance with city codes within 20 days of receipt of the application along with application for an occupancy permit.
(Ord. No. 02-17, § 1, 11-25-02; Ord. No. 07-3, § 4, 3-12-07)
Sec. 22-79. Fees.
Every application for an adult use business license (whether a new license or for renewal of an existing license) shall be accompanied by a $250.00 nonrefundable application and investigation fee.
(Ord. No. 02-17, § 1, 11-25-02)
Sec. 22-80. Inspection.
(a) A licensee shall permit representatives of the police department, city zoning office or other city department, agency or office to inspect the premises of the adult use for the purpose of ensuring compliance with the law at any time it is occupied or open for business.
(b) A person who operates an adult use or his or her agent or employee violates this article if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
(Ord. No. 02-17, § 1, 11-25-02; Ord. No. 07-3, § 5, 3-12-07)
Sec. 22-81. Expiration or denial of license.
(a) Each adult use license shall expire on the second Monday in May after it was issued and may be renewed only by making application as provided in section 22-77. Application for renewal, prepared in accordance with this article, shall be made at least 30 days before the expiration date and when made at least 30 days before the expiration date, the expiration of the license will not be affected. An applicant who applies for renewal less than 30 days before the expiration date shall, if the new license has not yet been issued, close for business when the old license expires, and shall remain closed until the new license is issued. Failure to so close shall constitute a violation of section 22-77 and shall subject the licensee to the penalties provided in section 1-5.
(b) If the city denies an application for a new or renewed license, the applicant shall not be issued a license. If, subsequent to the denial, upon the applicant submitting a new application and payment of the required application fee, the city finds that the basis for denial of the license has been corrected or abated, the applicant shall be granted a license.
(c) After denial of an application, or denial of a renewal of an application, the applicant or licensee may seek prompt judicial review of such action in any court of competent jurisdiction.
(Ord. No. 02-17, § 1, 11-25-02; Ord. No. 07-3, § 6, 3-12-07)
Sec. 22-82. Suspension.
The city may suspend a license for a period not to exceed 30 days if, after a hearing, it determines that a licensee or an employee of a licensee:
(a) Violated or is not in compliance with any section of this article;
(b) Refused to allow an inspection of the adult use business premises as authorized by this article; or
(c) Knowingly permitted gambling by any person on the adult use business premises.
If the licensee or an employee of the licensee has been found guilty in a court of law of a violation of this article, no hearing is necessary prior to suspension of the license.
(Ord. No. 02-17, § 1, 11-25-02)
Sec. 22-83. Revocation.
(a) A license granted under this article shall not be suspended or revoked until after a hearing before either the city council or a hearing officer appointed by the city council. The licensee shall be given not less than 14 days' written notice of the hearing to suspend or revoke a license. The notice shall advise the licensee of the time, date, place and location of the hearing; the specific charge being made; the time, date, place and location of any such violation claimed; and a statement indicating whether a suspension or revocation of the license is being sought.
At the hearing, the licensee may be represented by an attorney and shall have the right to cross-examine all witnesses and present any witnesses or documentation in support of its position. If the hearing is conducted by an appointed hearing officer, the hearing officer shall prepare his or her written findings of facts and conclusions and submit the same to the city council with a copy to the licensee within seven days after the conclusion of the hearing. A copy of all documentation produced at the hearing and a transcript of all testimony presented at the hearing shall also be presented to the council in the event the hearing is conducted by a hearing officer.
The city council's decision shall be by a written decision approved by a majority vote and based on the preponderance of the evidence. In the event the hearing is conducted by a hearing officer, the licensee shall receive written notice of the date, time and location at which the city council will consider the hearing officer's report. In all cases, the city and the licensee shall have the opportunity to make closing arguments to the city council based on all the evidence, testimony and documentation presented on the claimed violation. The city council's written decision may adopt in whole or in part the hearing officer's report. The licensee shall have the right to immediately seek judicial review of the city council's determination pursuant to the Administrative Review Act, 735 ILCS 5/2-101, which is incorporated herein by reference.
(b) The city shall revoke a license and adult use if it determines, after a hearing, that:
(1) A licensee gave false or misleading information in the material submitted during the application process.
(2) A licensee has knowingly allowed possession, use or sale of alcohol or controlled substances on the premises.
(3) A licensee has knowingly allowed prostitution on the premises.
(4) A licensee knowingly operated the adult use business during a period of time when the licensee's license was suspended.
(5) A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the licensee premises.
(6) A licensee has knowingly or intentionally facilitated the commission of the offense of public indecency (as defined in section 11-9 of the Illinois Criminal Code of 1961(720 ILCS 5/11-9)) on the licensed premises.
(c) If the city revokes a license, the revocation shall continue for one year and the licensee shall not be issued an adult use business license for one year from the date the revocation became effective. If subsequent to revocation, the city finds that the factual basis for the revocation did not occur, the applicant may be granted a license.
(d) After a revocation of any license, the licensee may seek prompt judicial review of such action in any court of competent jurisdiction.
(Ord. No. 02-17, § 1, 11-25-02; Ord. No. 07-3, § 7, 3-12-07)
Sec. 22-84. Transfer of license.
A licensee shall not transfer his or her license to another nor shall a licensee operate an adult use business under the authority of a license at any place other than the address on the license.
(Ord. No. 02-17, § 1, 11-25-02)
Sec. 22-85. Adult entertainment cabarets– Restrictions.
All dancing and other performances shall occur on a stage intended for that purpose which is raised at least two feet from the level of the floor. No dancing or other performances shall occur closer than ten feet to any patron. In addition, no performer shall fondle, caress or otherwise touch any patron and no patron shall fondle, caress or otherwise touch any performer. No patron shall directly pay or give any gratuity to any performer and no performer shall solicit any pay or gratuity from any patron. Gratuities may be indirectly given to performers by placing the gratuity on the stage or by giving it to a manager.
(Ord. No. 02-17, § 1, 11-25-02; Ord. No. 07-3, § 8, 3-12-07)
Sec. 22-86. Video viewing booths or rooms– Restrictions.
(a) Any wall or partition which is situated so as to create a viewing area in which any amusement device or viewing screen is located shall be constructed of not less than one hour fire-restrictive material and shall contain no holes, openings or other perforations. No operator or employee shall allow openings of any kind to exist between viewing booths or rooms nor shall any person make or attempt to make an opening of any kind between viewing booths or rooms.
(b) A person who operates or causes to be operated an adult arcade which exhibits on the premises in a viewing booth or room of less than 150 square feet of floor space, a film, video cassette, digital video disc or other video reproduction which display "specified sexual activities" shall comply with the following requirements:
(1) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's or cashier's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. The view required in this chapter must be by direct line of sight from the manager's or cashier's station.
(2) It shall be the duty of the operator and any employees present in the premises to ensure that the viewing area specified in subsection (b)(1) of this section remains unobstructed by an doors, walls, merchandise, display racks or other materials at all times. It shall be the duty of the operator to ensure that there is at least one employee on duty and situated in a public area adjacent to the viewing area at all times that any patron is present in the viewing area, and that the patron in the viewing area is visible to the employee.
(3) No viewing booth or room may be occupied by more than one person at a time.
(4) All floor coverings in viewing booths or rooms shall be nonporous, easily cleanable surfaces, with no rugs or carpentry. All wall surfaces and ceiling surfaces shall be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board, or other porous material shall be used within 48 inches of the floor.
(c) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five footcandles measured at the floor level at all times any patron is present in the premises.
(Ord. No. 02-17, § 1, 11-25-02; Ord. No. 07-3, § 9, 3-12-07)
Sec. 22-87. Hours of operation.
No adult use shall be open except between 10:00 a.m. and midnight, Monday through Saturday.
IN GENERAL
LICENSING GENERALLY*
RAFFLES
GENERALLY
LICENSE
ADULT USE LICENSING AND REGULATION*