Post by Kyle Mitchell on Oct 24, 2014 6:38:35 GMT -6
Should a video store be allowed to put a display of porn movies on the sidewalk? A spencers type a rack of dildos? Walmart a display of guns? Maybe Walgreens could put out a display for diabetics, including insulin syringes. Metcalf martin might want to have a display of toilets on their sidewalk. I could see many reasons for asking what store.
You don't seem to have a problem with men pulling down their pants swaying back and forth to display their peni s to people in many directions as they piss on as much of our community as they can, but you have a problem with a fake peni s or some porn movies?
Let's see if our City leaders might have something already regulating those things:
Chapter 5.68 - SEXUALLY ORIENTED BUSINESSES
Sections:
5.68.010 - Rationale and findings.
A.
Purpose. It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, moral, and general welfare of the citizens of Streator, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
B.
Findings and Rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the council, and on findings, interpretations, and narrowing constructions incorporated in the following cases:
City of Littleton v. Z.J. Gifts D-4, L.L.C., 124 S.Ct. 2219 (June 7, 2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); Pap's A.M. v. City of Erie, 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); and Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Schultz v. City of Cumberland, 26 F.Supp.2d 1128 (W.D. Wise. 1998), aff'd in part, rev'd in part, 228 F.3d 831 (7th Cir. 2000); Blue Canary Corp. v. City of Milwaukee, 270 F.3d 1156 (7th Cir. 2001); Matney v. County of Kenosha, 86 F.3d 692 (7th Cir. 1996); Berg v. Health & Hospital Corp., 865 F.2d 797 (1989); DiMa Corp. v. Town of Hallie, 185 F.3d 823 (1999); Graff v. City of Chicago, 9 F.3d 1309 (1993); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (1996); Chulchian v. City of Indianapolis, 633 F.2d 27 (7th Cir. 1980); Bigg Wolf Discount Video v. Montgomery County, 256 F.Supp.2d 385 (D. Md. 2003); World Wide Video of Washington, Inc. v. City of Spokane, 227 F.Supp.2d 1143 (E.D. Wash. 2002) (including exhibits cited therein); County of Cook v. Renaissance Arcade and Bookstore, 122 111. 2d 123 (1988) (including cases cited therein); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Houston, Texas - 1983, 1997; Phoenix, Arizona - 1979, 1995-98; Chattanooga, Tennessee - 1999-2003; Minneapolis, Minnesota - 1980; Los Angeles, California - 1977; Whittier, California - 1978; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Littleton, Colorado - 2004; Oklahoma City, Oklahoma - 1986; Dallas, Texas - 1997; Greensboro, North Carolina - 2003; Amarillo, Texas - 1977; New York, New York Times Square - 1994; and the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota),
the City Council finds:
1.
Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on property values, urban blight, litter, and sexual assault and exploitation;
2.
Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area;
3.
Each of the foregoing negative secondary effects constitutes a harm which the City has a substantial government interest in preventing and abating. This substantial government interest in preventing secondary effects, which is the City's rationale for this chapter, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the City's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the City. The City finds that the cases and documentation relied on in this chapter are reasonably believed to be relevant to the secondary effects.
(Ord. 2005/06-9 § 1 (part))
5.68.020 - Definitions.
For purposes of this chapter, the words and phrases defined in this section shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context.
"Adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting "specified sexual activities" or specified "anatomical areas."
"Adult bookstore or adult video store" means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas."
"Adult cabaret" means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features persons who appear semi-nude.
"Adult motel" means a motel, hotel, or similar commercial establishment which:
1.
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, other photographic reproductions, or live performances which are characterized by the display of "specified sexual activities" or "specified anatomical areas"; and which advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any on- or off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television;
2.
Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
3.
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
"Adult motion picture theater" means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas" are regularly shown to more than five persons for any form of consideration.
"Characterized by" means describing the essential character or quality of an item. As applied in this chapter, no business shall be classified as a sexually oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.
"City" means Streator, Illinois.
"City manager" means the Streator city manager.
"Council" means the city council of Streator, Illinois.
"Employ, employee and employment" describe and pertain to any person who performs any service on the premises of a sexually oriented business, on a full time, part time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
"Establish or establishment" means and includes any of the following:
1.
The opening or commencement of any sexually oriented business as a new business;
2.
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or
3.
The addition of any sexually oriented business to any other existing sexually oriented business.
"Hearing body" means the Zoning Board of Appeals ("ZBA").
"Influential interest" means any of the following:
1.
The actual power to operate the sexually oriented business or control the operation, management or policies of the sexually oriented business or legal entity which operates the sexually oriented business; or
2.
Holding an office (e.g., president, vice president, secretary, treasurer, managing member, managing director, etc.) in a legal entity which operates the sexually oriented business.
"Licensed day-care center" means a facility licensed by the state of Illinois, whether situated within the city or not.
"Licensee" means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license. In case of an "employee," it means the person in whose name the sexually oriented business employee license has been issued.
"Nudity or a state of nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.
"Operate or cause to operate" means to cause to function or to put or keep in a state of doing business. "Operator" means any person on the premises of a sexually oriented business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
"Person" means individual, proprietorship, partnership, corporation, association, or other legal entity.
"Premises" means the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to Section 5.68.040 of this chapter.
"Principal purpose" means that the commercial establishment:
1.
Has a substantial portion of its displayed merchandise which consists of the items;
2.
Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items;
3.
Has a substantial portion of the retail value of its displayed merchandise which consists of the items;
4.
Derives a substantial portion of its revenues from the sale or rental, for any form of consideration of the items; or
5.
Maintains a substantial section of its interior business space for the sale or rental or the items.
"Regularly" means and refers to the consistent and repeated doing of the act so described.
"Semi-nude model studio" means a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This definition does not apply to any place where persons appearing in a state of semi-nudity did so in a modeling class operated:
1.
By a college, community college, or university supported entirely or partly by taxation;
2.
By a private college or university which maintains and operates educational programs in which credited are transferable to college, junior college, or university supported entirely or partly by taxation; or
3.
In a structure:
a.
Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and
b.
Where, in order to participate in a class a student must enroll at least three days in advance of the class.
"Semi-nude or state of semi-nudity" means the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.
"Sexual device" means any three dimensional object designed and marketed for stimulation of the male or female human genital organ or anus or for sadomasochistic use or abuse of oneself or others and shall include devices such as dildos, vibrators, thingy pumps, and physical representations of the human genital organs. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.
"Sexual device shop" means a commercial establishment that regularly features sexual devices. Nothing in this definition shall be construed to include any pharmacy, drug store, medical clinic, or any establishment primarily dedicated to providing medical or healthcare products or services, nor shall this definition be construed to include commercial establishments which do not restrict access to any portion of their premises by reason of age.
"Sexual encounter center" means a business or commercial enterprise that, as one of its principal business purposes, purports to offer for any form of consideration, physical contact in the form of wrestling or tumbling between persons of the opposite sex when one or more of the persons is semi-nude.
"Sexually oriented business" means an "adult bookstore or adult video store," an "adult cabaret," an "adult motel," an "adult motion picture theater," a "semi-nude model studio," or a "sexual encounter center."
"Specified anatomical areas" means and includes:
1.
Less than completely and opaquely covered: human genitals, pubic region; buttock; and female breast below a point immediately above the top of the areola; and
2.
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
"Specified sexual activity" means any of the following:
1.
Intercourse, oral copulation, masturbation or sodomy; or
2.
Excretory functions as a part of or in connection with any of the activities described in subsection 1 of this definition.
"Substantial" means at least thirty-five (35) percent of the item(s) so modified.
"Transfer of ownership or control" of a sexually oriented business means any of the following:
1.
The sale, lease, or sublease of the business;
2.
The transfer of securities which constitute an influential interest in the business, whether by sale, exchange, or similar means; or
3.
The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
"Viewing room" means the room, booth, or area where a patron of sexually oriented business would ordinarily be positioned while watching a film, videocassette, or other video reproduction.
(Ord. 2005/06-9 § 1 (part))
5.68.030 - Classification.
The classifications for sexually oriented businesses shall be as follows:
1.
Adult bookstores or adult video stores;
2.
Adult cabarets;
3.
Adult motels;
4.
Adult motion picture theaters;
5.
Semi-nude model studios;
6.
Sexual device shops;
7.
Sexual encounter center.
(Ord. 2005/06-9 § 1 (part))
5.68.040 - License required.
A.
It is unlawful for any person to operate a sexually oriented business in city of Streator without a valid sexually oriented business license.
B.
It is unlawful for any person to be an "employee," as defined in this chapter, of a sexually oriented business in city of Streator without a valid sexually oriented business employee license.
C.
An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the office of the city clerk a completed application made on a form provided by the city clerk. The application shall be signed as required by subsection E of this section and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and items required in subsections (C)(1) through (C)(5) of this section, accompanied by the appropriate fee identified in Chapter 3.48 of this code.
1.
The applicant's full true name and any other names used by the applicants in the preceding five years.
2.
Current business address and another residential mailing address of the applicant, if different from the business address.
3.
Written proof of age, in the form of a driver's license or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.
4.
If the application is for a sexually oriented business license, the business name, location, legal description, mailing address and phone number of the sexually oriented business.
5.
If the application is for a sexually oriented business license, the name and business address of the statutory agent or other agent authorized to receive service of process.
The information provided pursuant to subsections (C)(1) through (C)(5) of this section shall be supplemented in writing by certified mail, return receipt requested, to the city clerk within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.
D.
An application for a sexually oriented business license shall be accompanied by a legal description of the property where the business is located and a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who are required to comply with Sections 5.68.140 and 5.68.180 of this chapter shall submit a diagram indicating that the interior configuration meets the requirements of those sections.
E.
If a person who wishes to operate a sexually oriented business is an individual, he or she shall sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each person with an influential interest in the business shall sign the application for a license as applicant. Each applicant must be qualified under Section 5.68.050 and each applicant shall be considered a licensee if a license is granted.
F.
The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the city clerk on a confidential basis, and such information may be disclosed only as may be required, and only to the extent required, by court order.
(Ord. 2005/06-9 § 1 (part))
5.68.050 - Issuance of license.
A.
Upon the filing of a properly completed application under Section 5.68.040(C) of this chapter for a sexually oriented business license, the city clerk shall immediately issue a temporary license to the applicant. The temporary license shall expire upon the final decision of the city to deny or grant an annual license. Within twenty (20) days of the filing date of a properly completed sexually oriented business license application, the city manager shall approve a license to the applicant or issue to the applicant a letter of intent to deny the application. The city manager shall approve a license unless:
1.
An applicant is less than eighteen (18) years of age;
2.
An applicant has failed to provide information as required by Section 5.68.040 for issuance of a license or has falsely answered a question or request for information on the application form;
3.
The license application fee required by Chapter 3.48 of this code has not been paid;
4.
The sexually oriented business, as defined in this chapter, is not in compliance with the interior configuration requirements of this chapter or is not in compliance with location requirements of this chapter or the location requirements of Title 17, "Zoning."
B.
Upon the filing of a completed application under Section 5.68.040(C) of this chapter for a sexually oriented business employee license, the city clerk shall immediately issue a temporary license to the applicant. The temporary license shall expire upon the final decision of the city manager to deny or grant an annual license. Within twenty (20) days of the filing date of a completed sexually oriented business employee license application, the city manager shall either approve a license or issue a written notice of intent to deny a license to the applicant. The city manager shall approve the issuance of a license unless:
1.
The applicant is less than eighteen (18) years of age;
2.
The applicant has failed to provide information as required by Section 5.68.040 for issuance of a license or has falsely answered a question or request for information on the application form;
3.
The license application fee required by Chapter 3.48 has not been paid.
C.
The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be read at any time. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing.
(Ord. 2005/06-9 § 1 (part))
5.68.060 - Fees.
The initial license and annual renewal fees for sexually oriented business licenses and sexually oriented business employee licenses shall be per Chapter 3.48 of this code.
(Ord. 2005/06-9 § 1 (part))
5.68.070 - Inspection.
A.
Sexually oriented businesses and sexually oriented business employees shall permit the city manager and his or her agents to inspect, from time to time on an occasional basis, the portions of the sexually oriented business premises where patrons are permitted, for the purpose of ensuring compliance with the specific regulations of this chapter, during those times when the sexually oriented business is occupied by patrons or is open to the public. This section shall be narrowly construed by the city to authorize reasonable inspections of the licensed premises pursuant to this chapter, but not to authorize a harassing or excessive pattern of inspections.
B.
The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation, unless the renter or an agent of the renter gives permission for the said inspection.
(Ord. 2005/06-9 § 1 (part))
5.68.080 - Expiration of license.
A.
Each license shall remain valid for a period of one city fiscal year, which starts on May 1st. Such license may be renewed only by making application and payment of a fee as provided in Sections 5.68.040 and 5.68.060 of this chapter.
B.
Application for renewal should be made pursuant to the procedures set forth in Section 5.68.040 at least ninety (90) days before the expiration date, and when made less than ninety (90) days before the expiration date, the expiration of the license will not be affected.
(Ord. 2005/06-9 § 1 (part))
5.68.090 - Suspension.
A.
The city manager may issue a written letter of intent to suspend a sexually oriented business license for a period not to exceed thirty (30) days if the sexually oriented business licensee has violated this chapter or has allowed an employee to violate this chapter.
B.
The city manager may issue a written letter of intent to suspend a sexually oriented business employee license if the employee has violated this chapter.
(Ord. 2005/06-9 § 1 (part))
5.68.100 - Revocation.
A.
The city manager shall issue a letter of intent to revoke a sexually oriented business license or a sexually oriented business employee license, as applicable, if the licensee knowingly violates this chapter or has knowingly allowed an employee to violate this chapter and the licensee's license has been suspended within the previous twelve- (12) month period.
B.
The city shall issue written intent to revoke a sexually oriented business license or a sexually oriented business employee license, as applicable, if:
1.
The licensee has knowingly given false information in the application for the sexually oriented business license;
2.
The licensee has knowingly or recklessly engaged in or allowed possession, use, or sale of controlled substances on the premises;
3.
The licensee has knowingly or recklessly engaged in or allowed prostitution on the premises;
4.
The licensee knowingly or recklessly operated the sexually oriented business during a period of time when the license was finally suspended or revoked; or
5.
The licensee has knowingly or recklessly engaged in or allowed any specified sexual activity to occur in or on the licensed premises.
C.
The fact that any relevant conviction is being appealed shall have no effect on the revocation of the license, provided that, if any conviction which serves as a basis of a license revocation is overturned or reversed on appeal, that conviction shall be treated as null and of no effect for revocation purposes.
D.
When, after the notice and hearing procedure described in Section 5.68.110 of this chapter, the ZBA revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license or sexually oriented business employee license for one year from the date revocation becomes effective.
(Ord. 2005/06-9 § 1 (part))
5.68.110 - Hearing; Denial, revocation and suspension; Appeal.
A.
When the city manager issues a written notice of intent to deny, suspend, or revoke a license, the city manager shall immediately send such notice, which shall include the specific grounds under this chapter for such action, to the applicant or license (respondent) by personal delivery or certified mail. The notice shall be directed to the most current business address or other mailing address on file with the city manager for the respondent. The notice shall specify a date, not less than ten (10) days nor more than twenty (20) days after the date the notice is issued, on which the ZBA shall conduct a hearing on the city manager's intent to deny, suspend, or revoke the license.
At the hearing, the respondent shall have the opportunity to present all of respondent's arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the city manager's witnesses. The city manager or his or her attorney may cross examine the respondent or his or her witnesses and shall also be represented by counsel, and shall bear the burden of proving the grounds for denying, suspending, or revoking the license. The hearing shall take no longer than two days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The ZBA shall issue a written decision, including specific reasons for the decision pursuant to this chapter, to the respondent within ten (10) days after the hearing. The hearing will be recorded by a court reporter and the cost of the reporter will be borne by the respondent to include the cost of a printed transcript.
If the decision is to deny, suspend, or revoke the license, the decision shall not become effective until the thirtieth (30th) day after it is rendered, and the decision shall include a statement advising the respondent of the right to appeal such decision to a court of competent jurisdiction. If the ZBA's decision finds that no grounds exist for denial, suspension, or revocation of the license, the ZBA shall, contemporaneously with the issuance of the decision, order the city manager to immediately withdraw the intent to deny, suspend, or revoke the license and to notify the respondent in writing by certified mail of such action. If the respondent is not yet licensed, the city manager shall contemporaneously therewith issue the license to the applicant, provided all fees associated with the ZBA hearing have been paid.
B.
If any court action challenging the ZBA's decision is initiated, the ZBA shall transmit to the court a transcript of the hearing within ten (10) days after receiving written notice of the filing of the court action. The ZBA shall consent to expedited briefing or disposition or both of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt judicial review of the proceedings.
The following shall apply to any sexually oriented business that is in operation as of the effective date of this chapter — upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the city's enforcement of the denial, suspension, or revocation, the city manager shall immediately issue the respondent a provisional license. The provisional license shall allow the respondent to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court's entry of a judgment on the respondent's appeal or other action to restrain or otherwise enjoin the city's enforcement.
(Ord. 2005/06-9 § 1 (part))
5.68.120 - Transfer of license.
A licensee shall not transfer a license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the sexually oriented business license application.
(Ord. 2005/06-9 § 1 (part))
5.68.130 - Hours of operation.
No sexually oriented business shall be or remain open for business between twelve midnight and six a.m. on any day.
(Ord. 2005/06-9 § 1 (part))
5.68.140 - Regulations pertaining to exhibition of sexually explicit films or videos.
A.
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements.
1.
Each application for a sexually oriented business license shall contain a diagram of the premises showing the location of all operator's stations, viewing rooms, overhead lighting fixtures, video cameras and monitors installed for monitoring purposes and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain video reproduction equipment. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, 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 sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. Renewal applications may use the original diagram provided that what was has not been altered since it was prepared.
2.
It is the duty of the operator, and of any employees present on the premises, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (A)(1) of this section.
3.
The interior 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 foot candles as measured at the floor level. It is the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied by patrons or open for business.
4.
It is the duty of the operator, and of any employees present on the premises, to ensure that no sexual activity occurs in or on the licensed premises.
5.
It is the duty of the operator to post conspicuous signs in well-lighted entry areas of the business stating all of the following:
a.
That the occupancy of viewing rooms is limited to one person;
b.
That sexual activity on the premises is prohibited;
c.
That the making of openings between viewing rooms is prohibited;
d.
That violators will be required to leave the premises;
e.
That violations of the requirements stated on these signs are unlawful.
6.
It is the duty of the operator to enforce the regulations articulated in 5.a though 5.e above.
7.
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. An operator's station shall not exceed thirty-two (32) square feet of floor area. If the premises has two or more operator's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the operator's stations. The view required in this subsection must be by direct line of sight from the operator's station. It is the duty of the operator to ensure that at least one employee is on duty and situated in each operator's station at all times that any patron is on the premises. It is the duty of the operator, and it is also the duty of any employees present on the premises, to ensure that the view area specified in this subsection remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
B.
It is unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
(Ord. 2005/06-9 § 1 (part))
5.68.150 - Loitering, exterior lighting, visibility, and monitoring requirements.
A.
It is the duty of the operator of a sexually oriented business to:
1.
Post conspicuous signs stating that no loitering is permitted on such property;
2.
Designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every ninety (90) minutes or inspecting such property by use of video cameras and monitors; and
3.
Provide lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. If used, video cameras and monitors shall operate continuously at all times that the premises are open for business. The monitors shall be installed within an operator's station.
B.
It is unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
C.
No sexually oriented business shall erect a fence, wall, or other barrier that prevents any portion of the parking lot(s) for the establishment from being visible from a public right-of-way.
(Ord. 2005/06-9 § 1 (part))
5.68.160 - Applicability of this chapter to existing businesses.
All existing sexually oriented businesses and sexually oriented business employees are granted a de facto temporary license to continue operation or employment for a period of ninety (90) days following the effective date of this chapter. By the end of the ninety (90) days, all sexually oriented businesses and sexually oriented business employees must conform to and abide by the requirements of this chapter.
(Ord. 2005/06-9 § 1 (part))
5.68.170 - Prohibited activities.
A.
It is unlawful for a sexually oriented business to violate the following regulations or to allow an employee or any other person to violate the following regulations.
1.
It is a violation of this chapter for a patron, employee, or any other person to knowingly or intentionally, in a sexually oriented business, appear in a state of nudity, regardless of whether such public nudity is expressive in nature.
2.
It is a violation of this chapter for a person to knowingly or intentionally, in a sexually oriented business, appear in a semi-nude condition unless the person is an employee who, while semi-nude, remains at least six feet from any patron or customer, and on a stage at least eighteen (18) inches from the floor, in a room of at least one thousand (1,000) square feet.
3.
It is a violation of this chapter for any employee who regularly appears semi-nude in a sexually oriented business to knowingly or intentionally touch a customer or the clothing of a customer on the premises of a sexually oriented business.
4.
It is a violation of this chapter for any person to sell, use, or consume alcoholic beverages on the premises of a sexually oriented business.
B.
A sign in a form to be prescribed by the city manager and summarizing the provisions of subsection A of this section, shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry.
(Ord. 2005/06-9 § 1 (part))
5.68.180 - Scienter required to prove violation or business licensee liability.
This chapter does not impose strict liability. Unless a culpable mental state is otherwise specified in this chapter, a showing of a knowing or reckless mental state is necessary to establish a violation of a provision of this chapter. Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee that constitutes grounds for suspension or revocation of that employee's license shall be imputed to the sexually oriented business licensee for purposes of finding a violation of this chapter, or for purposes of license denial, suspension, or revocation, only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises, knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act.
(Ord. 2005/06-9 § 1 (part))
5.68.190 - Failure of city to meet deadline not to risk applicant/licensee rights.
In the event that a city official is required to take an act or do a thing pursuant to this chapter within a prescribed time, and fails to take such act or do such thing within the time prescribed, the failure shall not prevent the exercise of constitutional rights of an applicant or licensee. If the act required of the city official under this chapter, and not completed in the time prescribed, includes approval of condition(s) necessary for approval by the city of an applicant or licensee's application for sexually oriented business license or a sexually oriented business employee's license (including a renewal), the license shall be deemed granted and the business or employee allowed to commence operations or employment the day after the deadline for the city's action has passed.
(Ord. 2005/06-9 § 1 (part))
5.68.200 - Location of sexually oriented businesses.
A.
Sexually oriented businesses shall not be required to obtain a conditional use permit or special use permit.
B.
It is unlawful to establish, operate, or cause to be operated a sexually oriented business in the city of Streator, unless the sexually oriented business;
1.
Is located in a permitted zoning district as specified by Title 17, "Zoning," and
2.
Has its distance from other activities as specified in Section 17.36.010(C) of the zoning title.
C.
For the purpose of this section, measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest part of any structure, including signs and roof overhangs, used in conjunction with the sexually oriented business to the closest point on a property boundary or right-of-way associated with any of the land uses identified in subsection B of this chapter.
D.
Notwithstanding anything to the contrary in this code, a nonconforming sexually oriented business, lawfully existing in all respects under law prior to the effective date of this chapter and prior to the date of Title 17, "Zoning," may continue to operate for two years following that date in order to reasonably recoup of its investment in its current location. At the conclusion of the two years, the use will no longer be recognized as a lawful nonconforming use, provided that a nonconforming sexually oriented business may apply for one or more six-month extensions of the original two-year period upon a showing financial hardship. An application for an initial extension based upon financial hardship ("hardship exception") shall be made at least sixty (60) days before the conclusion of the aforementioned two-year period. If a hardship extension is granted, subsequent applications for hardship extensions shall be made at least sixty (60) days before the conclusion of the nonconforming sexually oriented business's current extension period.
E.
Procedure for Seeking Hardship Extension. An application for a hardship extension shall be filed in writing with the city manager, and shall include evidence of purchase and improvement costs, income earned and lost, depreciation and costs of relocation. The hardship application fee is specified in Chapter 3.48 of this chapter. Within ten (10) days after receiving the application, the city manager shall schedule a public hearing on the application before the zoning board of appeals, which public hearing shall be conducted within thirty (30) after the city manager's receipt of the application. Notice of the time and place of such public hearing shall be published at least ten (10) days before the hearing in a newspaper of general circulation published within the city, and shall contain the particular location for which the hardship extension is requested.
F.
The zoning board of appeals shall issue a written decision within ten (10) days after the public hearing on the application for a hardship extension. The hardship extension shall be granted upon a showing that the nonconforming sexually oriented business is unable to recoup its investments, made prior to the effective date of this chapter, in its current location unless the hardship extension is granted.
(Ord. 2005/06-9 § 1 (part))
5.68.210 - Penalties and enforcement.
A.
Any person violating the foregoing provisions of this chapter shall, upon conviction, be subject to a fine as specified in Section 1.08 of the Streator Municipal Code, but not less than one hundred dollars ($100.00) over any associated court costs and each day or part thereof upon which such offense continues, shall constitute a separate offense hereunder.
B.
The city's legal counsel is authorized to institute civil proceedings necessary for the enforcement of this chapter to prosecute, restrain, or correct violations of this chapter. Such proceedings, including injunction, shall be brought in the name of the city, provided, however, that nothing in this section and no action taken hereunder, shall be held to exclude such criminal or administrative proceedings as may be authorized by other provisions of this chapter, or any of the laws or chapters in force in the city or to exempt anyone violating this code or any part of the said laws from any penalty which may be incurred.
(Ord. 2005/06-9 § 1 (part))
Hmmm, it seems as if they went anal on that industry trying to keep a fake peni s from being displayed. Maybe they should work a little harder to keep the real ones from being displayed.
That is quite a bit of regulation they were able to come up with, don't you think? Didn't they cover everything, including the chance of a Community College or University coming here? Too bad our established leadership couldn't figure out a way to allow some mums to be displayed outside without it becoming a problem or cost business owners hundreds of dollars, involve public hearings, and take months.
Metcalf martin might want to have a display of toilets on their sidewalk.
There are a lot of people who already think our streets and sidewalks are their personal toilets. Then there are people like you who try to make it out as if it is acceptable, so why do you even worry about what Metcalf Martin does?