Ordinance 1998-26 STATE OF ILLINOIS )
)SS
COUNTY OF KENDALL )
ORDINANCE NO.9Y1 --o*
ADULT USE BUSINESS ORDINANCE
WHEREAS the Mayor and City Council of the United City of Yorkville have determined
that is it necessary to regulate adult businesses in the United City of Yorkville to protect the health,
safety,welfare and morals of the Citizens of the United City of Yorkville;
WHEREAS the Mayor and City Council of the United City of Yorkville have determined
that it is in the best interest of the United City of Yorkville to pass an adult business ordinance
regulating adult businesses in the United City of Yorkville;
NOW THEREFORE BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows:
Section:
1: Definition
2: Adult Uses Enumerated
3: Limitations on Adult Uses
4: Measurement of Distance
5: License Required; Filing of Application; Filing Fee
6: Contents of Application for License
7: Issuance of Adult Use License
8: Suspension or Revocation of License for Adult Use
9: Exterior Display
10: Display of License and Permit
11: Employment of Persons Under Age Of Eighteen Prohibited
12: Illegal Activities on Premises
13: Severability Clause
14: Violation and Penalty
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l: DEFINITIONS: For the purpose of this Chapter, the following words and phrases shall
have the meanings respectively prescribed to them by this Section.
Adult Book Store: An establishment having as a substantial portion of its
stock in trade,books,magazines,films for sale or viewing
on the premises by use of motion picture devices or any
other coin-operated means, and other periodicals which
are distinguished or characterized by their emphasis on
matter depicting, describing, or relating to "specified
sexual activities", or "specified anatomical areas" or an
establishment with a segment or section devoted to the
sale or display of such material.
Adult Entertainment Cabaret: A public or private establishment which is licensed to
serve food and/or alcoholic beverages, which features
topless dancers and/or waitresses, strippers, male or
female impersonators, or similar entertainers.
Adult Mini Motion Picture Theater: An enclosed building or"drive-in theater with a capacity
for less than fifty (50) persons used for presenting
material distinguished or characterized by an emphasis on
matter depicting, describing, or relating to "specified
sexual activities" or "specified anatomical areas" for
observation by patrons therein.
Adult Motion Picture Theater: An enclosed building or a "drive-in" theater with a
capacity of fifty(50) or more persons used regularly and
routinely for presenting motion pictures having as a
dominant theme material distinguished or characterized
by an emphasis on matter depicting, describing, or
relating to "specified sexual activities" or "special
anatomical areas" for observation by patrons therein.
Body Shop or Model Studio: Any public or private establishment which describes itself
as a body shop or model studio, or where for any form of
consideration of gratuity, figure models who display
"specified anatomical areas"are provided to be observed,
sketched, drawn, painted, sculptured, photographed, or
similarly depicted by persons paying such consideration
or gratuity or where for any form of consideration or
gratuity, nude and semi-nude dancing, readings,
counseling sessions, body painting, and other activities
that present materials distinguished or characterized by an
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emphasis on matter depicting, describing, or relating to
"specified sexual activities" or "specified anatomical
areas"are provided for observation by or communication
to persons paying such consideration or gratuity.
Building Structure: Any structure or group of structures housing two (2) or
more businesses which share a common entry, exit, wall
or frontage wall, including, but not limited to, shopping
centers, shopping plazas, or shopping squares.
Massage: Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating, or
stimulating of the external soft parts of the body with the
hands or other parts of the human body or with the aid of
any mechanical or electrical apparatus or appliance with
or without such supplementary aids as rubbing alcohol,
liniments, antiseptics, oils, powder, creams, lotions,
ointments, or other similar preparations commonly used
in this practice,that is performed by a person not licensed
or certified by applicable state agency or professional
accreditation organization registered with the State of
Illinois.
Massage Establishment: An establishment having a fixed place of business where
any person, firm, association, or corporation engages in,
or carries on, or permits to be engaged in or carried on
any of the activities mentioned in the definition of
"massage" of this Section.
Specified Anatomical Area: Any of the following conditions:
1. Less than completely and opaquely covered:
A. Human genitals,pubic region, or pubic hair.
B. Buttock.
C. Female breast below a point immediately above
the top of the areola.
2. Human male genitals in a discernibly turgid state,
even if completely covered.
Specified Sexual Activities: Any of the following conditions:
1. Human genitals in a state of sexual stimulation or
arousal.
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2. Acts or representations of acts of human
masturbation, sexual intercourse or sodomy,
bestiality, oral copulation or flagellation
3. Fondling or erotic touching of human genitals, pubic
region, buttock, or female breasts.
4. Excretory functions as part of or in connection with
any activities set forth in 1 through 3 above.
2: ADULT USES ENUMERATED: The following shall be considered adult uses for the
purpose of this Chapter.
A. Adult book store.
B. Adult motion picture theater.
C. Adult mini motion picture theater.
D. Adult entertainment cabaret.
E. Massage establishment.
F. Body shop or model studio.
3: LIMITATIONS ON ADULT USES: Adult uses shall be permitted subject to the following
restrictions.
A. An adult use shall not be allowed within five hundred feet(500')of another existing
adult use.
B. An adult use shall not be located within seven hundred feet (700') of any zoning
district which is zoned for One-Family Residence District (R-1), One-Family
Residence District(R-2),Duplex,Two-Family Residence(R-2),General Residence
District (R-3), General Residence District (R-4), Office District (0), Limited
Business District (B-1), General Business District (B-2), Service Business District
(B-3), Business District(B-4), Agricultural District (A-1).
C. An adult use shall not be located within five hundred feet (500') of a pre-existing
school or place of worship.
D. An adult use shall not be located in a building structure which contains another
business that sells or dispenses in some manner alcoholic beverages.
4: MEASUREMENT OF DISTANCE: For the purposes of this Chapter,measurements shall
be made in a straight line, without regard to intervening strictures or objects, from the
property line of the lot or parcel containing the adult use to the property line of the lot or
parcel containing the nearest adult use, school, place of worship, or district zone for
residential use.
5: LICENSE REQUIRED; FILING OF APPLICATION; FILING FEE; It shall be
unlawful for any person to engage in, conduct, or carry on, or permit to be engaged in,
conducted, or carried on, in or upon any premises in the City the operation of an adult use
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as herein defined,without first having obtained a separate license for such adult use from the
Mayor of the City.
Every applicant for a license to maintain, operate, or conduct an adult use shall file an
application in duplicate under oath with the Mayor upon a form provided by the City Clerk
and pay a nonrefundable filing fee of one hundred ($100.00)dollars to the City Clerk,who
shall issue a receipt which shall be attached to the application filed with the Mayor.
Within thirty(30) days after receiving the application, the Mayor shall notify the applicant
that his application is granted, denied, or held for further investigation. Such additional
investigation shall not exceed an additional thirty (30) days unless otherwise agreed to by
the applicant. Upon the conclusion of such additional investigation,the Mayor shall advise
the applicant in writing whether the application is granted or denied.
Whenever an application is denied or held for further investigation, the Mayor shall advise
the applicant in writing of the reasons for such action.
Failure or refusal of the applicant to give any information relevant to the investigation of the
application or his or her refusal or failure to appear at any reasonable time and place for
examination under oath regarding said application or his or her refusal to submit to or
cooperate with any inspection or investigation required by this Chapter shall constitute an
admission by the applicant that he or she is ineligible for such permit and shall be grounds
for denial thereof by the Mayor.
6: CONTENTS OF APPLICATION FOR LICENSE: The term"applicant'as used in this
Chapter shall include any partner or limited partner of a partnership applicant and any officer
or director of a corporate applicant and any stockholder more than ten percent(10%) of the
stock of a corporate applicant,or any other person who is interested directly in the ownership
or operation of the business. An applicant for a license shall furnish the following
information under oath:
A. Name and address.
B. Written proof that the individual is at least eighteen (18)years of age.
7: ISSUANCE OF ADULT USE LICENSE: The Mayor may issue a license to maintain,
operate, or conduct an adult use if he finds:
A. That the applicant is of eighteen(18) years of age and under no legal disability.
B. That the applicant is a person who is of good moral character and reputation in the
community in which he or she resides; and has had no criminal convictions.
C. That said use complies with all site distances contained in this Ordinance in relation
to school, church, and residential uses.
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Every adult use license issued pursuant to this Chapter will terminate at the expiration of one
year from the date of its issuance, unless sooner revoked.
8: SUSPENSION OR REVOCATION OF LICENSE FOR ADULT USE: Any license
issued for an adult use may be revoked or suspended by the Mayor if the Mayor shall find:
A. That the licensee has violated any provisions of this Chapter regulating adult uses.
B. That the license has knowingly furnished false or misleading information or withheld
relevant information on any application for any license or permit required by this
Chapter or knowingly caused or suffered another to furnish or withhold such
information on his or her behalf.
The licensee shall be responsible for the acts of his agents,servants and employees provided,
however, that in the case of a first offense by a licensee where the conduct was solely that
of an employee, the penalty shall not exceed a suspension of thirty(30) days if the Mayor
shall find that the licensee had no actual or constructive knowledge of such violation and
could not by the exercise of due diligence have had such actual constructive knowledge.
The Mayor before revoking or suspending any license shall give the licensee at least ten(10)
days written notice of the charges against him or her. The licensee may within five(5)days
of receipt of said notice request s public hearing before the Mayor at which time the licensee
may present evidence bearing upon the question. Any notice by the Mayor may be delivered
personally to the licensee or be posted on the premises of the establishment being used as an
adult use.
9: EXTERIOR DISPLAY: No adult use shall be conducted in any manner that permits the
observation of any material,depicting,describing,or relating to"specified sexual activities"
or"specified anatomical areas"by display,decoration,sign,show window,or other opening
from any public way or from any property not licensed as an adult use.
10: DISPLAY OF LICENSE AND PERMIT: Every licensee shall display a valid license in
a conspicuous place within the adult use business so that same may be readily seen by
persons entering the premises.
11: EMPLOYMENT OF PERSONS UNDER AGE OF EIGHTEEN PROHIBITED: It
shall be unlawful for any adult use licensee or his manager or employee to employ in any
capacity within the adult business any person who is not at least eighteen(18)years of age.
12: ILLEGAL ACTIVITIES ON PREMISES: No licensee or any officer,associate,member,
representative, agent or employee of such licensee shall engage in any activity or conduct
or permit any other person to engage in any activity or conduct in or about the licensed
premises which is prohibited by an ordinance of the City or law of the State or of the United
States.
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13: SEVERABILITY CLAUSE: If any section,subsection,subdivision,paragraph,sentence,
clause, or phrase of this Chapter, or any part thereof, or application thereof to any person,
firm, corporation, public agency, or circumstance, is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this Chapter
or any party thereof. It is hereby declared to be the legislative intent of the City Council that
this Chapter would have been adopted had such unconstitutional or invalid provision,clause,
sentence, paragraph, section, or part there of not then been included.
14: VIOLATION AND PENALTY: Any person who violates, disobeys, omits, neglects,
refuses to comply with or resists enforcement of any of the provisions of this Title shall be
fined as provided in Section 1-4-1 of this Code. Each day of violation shall constitute a
separate and punishable offense.
(Ord. 1973-56A, 3-38-74; 1994 Code)
Passed this �° day of , 1998.
MAYOR
ATTEST:
ITY CLERK
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630-553-9500
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