[Added 12-21-1993]
It shall be unlawful for any licensee or person
acting as agent, servant, or employee of such licensee to provide,
suffer, or permit any act, conduct, or entertainment on the premises
in such a manner as to expose to public view:
A.
Male or female genitals, pubic hair, buttocks, perineum,
anal region, or pubic hair region.
B.
Any portion of the female breast at or below the areola
thereof.
C.
Any device, film, costume, or covering which gives
the appearance of or simulates the above-listed body parts.
D.
The use of tassels, pasties, stars, or transparent
material for coverage of the above-listed body parts.
E.
Sexual intercourse, masturbation, sodomy, bestiality,
cunnilingus, anilingus, fellatio, flagellation, sadomasochism or any
other sexual acts prohibited by law.
F.
The touching, caressing, or fondling of the breast,
buttocks, anus, genitals, perineum or pubic hair region.
G.
Excretory functions as part of or in connection with
any activities set forth above.
If the owner of the licensed premises or any
person from whom the licenses derives the right to possession of such
premises, or the agent of such owner or persons, shall knowingly permit
the licensee to use said licensed premises in violation of the terms
of this chapter, said owner, agent or other person shall be deemed
guilty of any violation of this chapter to the same extent as said
licensee and be subject to the same punishment.
Every act or omission constituting a violation
of any of the provisions of this chapter made with the authorization,
knowledge, or approval of the licensee, expressed or implied, shall
be deemed the act of the licensee, and said licensee shall be punishable
in the same manner as if said act or omission had been done or omitted
by him personally.
[Amended 6-17-1986]
Any person, partnership or corporation violating
any provisions of this chapter shall be fined not less than $50 nor
more than $500 for each offense, and for the second or subsequent
offenses fined not less than $100 nor more than $1,000, and a separate
offense shall be deemed committed each day during or on which the
violation occurs or continues.
[Amended 8-16-2005]
The Commissioner and/or Commission shall have
authority to enter or to authorize any law-enforcing officer to enter
at any time upon any premises or outdoor gardens licensed hereunder
to determine whether any of the provisions of this chapter or any
rules or regulations adopted by it or State Liquor Regulations have
been or are violated, and at such time to examine said premises or
outdoor gardens of said licensee in connection therewith.
[Amended 9-15-1981]
Any person shall have the right to file a complaint
with the Commission stating that any retail licensee, subject to the
jurisdiction of the Commission, has been or is violating the provisions
of this chapter or any rules or regulations pursuant hereto. Any law
enforcement officer or other person who desires to file a complaint
with the McLean County Liquor Control Commission charging a violation
of the McLean County Liquor Control Ordinance shall present his allegations
to the McLean County State's Attorney for review of their factual
and legal sufficiency. If the State's Attorney determines that the
evidence is sufficient to justify the filing of a formal complaint,
he shall prepare and submit said complaint to the Liquor Control Commissioner
and shall cause a copy of said complaint to be mailed by first class
mail to the accused licensee at the official address listed on the
liquor license application. Said complaint shall be in writing and
shall be signed and sworn to by the complaining party or the State's
Attorney. It shall state the particulars of the alleged violation(s),
including the date and place of the violation, the nature of the violation,
and the particular sections of the ordinance or statute violated.
