[HISTORY: Adopted by the City Council of the City of Mendota by Ord. No. 04-06-98B (Ch. 31, § 31.23, of the 1998 Code). Amendments noted where applicable.]
Zoning — See Ch. 340.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively prescribed to them by this section:
- ADULT BOOKSTORE
- 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 with a capacity for fewer than 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 with a capacity of 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 specified 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 or 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 seminude dancing, readings, counseling, sessions, body painting, and other activities that present materials distinguished or characterized by an 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 or more businesses which share a common entry, exit, wall, or frontage wall, including, but not limited to, shopping centers, shopping malls, shopping plazas, or shopping squares.
- 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.
- MASSAGE ESTABLISHMENT
- Any 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 AREAS
- Any of the following conditions:
- SPECIFIED SEXUAL ACTIVITIES
- Any of the following conditions:
The following shall be considered adult uses for the purpose of this chapter:
Adult uses shall be permitted subject to the following:
An adult use shall not be allowed within 500 feet of another existing adult use.
An adult use shall not be located within 700 feet of any zoning district which is zoned for :
R1 Single-Family Detached Residence District;
R2 Single-Family Detached Residence District;
R3 Single-Family and Two-Family Residence District; or
R4 Multiple-Family Residence District.
An adult use shall not be located within 500 feet of a preexisting school or place of worship.
An adult use shall not be located in a building structure which contains another business that sells or dispenses in some manner alcoholic beverages.
Any adult use doing business at the time this chapter takes effect shall have 30 days from the effective date of this chapter to apply for the issuance of an adult use license.
For the purpose of this chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the adult use to the nearest property line of another adult use, school, place of worship, or district zoned for residential use.
[Amended by Ord. No. 04-17-00]
It shall be unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises in the City, the operation of an adult use as herein defined, without first having obtained a separate license for such adult use from the City Clerk of the City of Mendota.
The following shall be considered exempt from this chapter:
Physicians, osteopaths, physical therapists, chiropodists, chiropractors or podiatrists licensed or registered to practice in this state while performing such services in the practice of their respective professions.
Registered nurses and licensed practical nurses who are licensed to practice in this state while performing such services in their usual duties.
Barbers and cosmetologists duly licensed under the laws of this state in the course of practice of their usual and ordinary vocation and profession.
Hospitals, clinics, nursing and convalescent homes and other similar institutions dedicated to medical or nursing practices licensed under the laws of this state where massages and baths may be given.
Training rooms of public and private schools accredited by the State Board of Education or approved by the division charged with the responsibility of approving private occupational schools and training rooms of recognized professional or amateur athletic teams.
Massage therapists who have graduated from a massage therapy school accredited by the state educational board or division charged with the responsibility of approving private occupational schools, or from a school with comparable approval or accreditation from another state with transcripts indicating at least 500 hours of training in massage therapy.
Massage schools, defined as any establishment having as a course of study in massage therapy approved by a nationally recognized massage therapy association and providing at least 500 hours of instruction of anatomy, physiology, practice of massage, theory of massage, hydrotherapy and business practices.
Unless the aforementioned services occur under the auspices of an accredited, state-certified medical or health care facility, any individual desiring to conduct these activities as business practices, as herein defined, must first obtain a separate license for such from the City Clerk of the City.
Every applicant for a license to maintain, operate, or conduct the aforementioned practices shall file an application in duplicate under oath with the City Clerk upon a form provided by the City Clerk and pay a nonrefundable filing fee in an amount set from time to time by the City Council to the City Clerk, who shall issue a receipt for said fee, which shall be attached to the application filed with the City Clerk.
Within 14 days after receiving the application, the City Clerk shall notify the applicant that the application is granted, denied, or held for further investigation. Such additional investigation shall not exceed 30 days unless otherwise agreed to by the applicant. Upon conclusion of such additional investigation, the City Clerk shall advise the applicant in writing whether the application is granted or denied.
Whenever an application is denied or held for investigation, the City Clerk shall advise the applicant in writing of the reasons for such action.
Failure or refusal of the applicant to given any information relevant to the investigation of the application or her or his refusal to appear at any reasonable time and place for reexamination under oath regarding said application or his or her refusal to submit to or cooperate with any inspection or investigation required shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the City Clerk.
An applicant for a license shall furnish the following information under oath:
The City Clerk shall issue a license to maintain, operate, or conduct an adult use unless the City Clerk finds:
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.
Any license issued for an adult use may be revoked or suspended by the Mayor if the Mayor shall find:
That the licensee has violated any of the provisions of this chapter regulating adult uses.
That the licensee 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 Mayor, before revoking or suspending any license, shall give the licensee at least 10 days' written notice of the charges against him or her and the opportunity for a public hearing before the Mayor, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.
In the event a person under the age of 18 years is on the premises of an establishment operating as an adult use under this chapter, and views any specified sexual activities or specified anatomical areas as defined in § 102-1, then the license issued pursuant to this chapter shall be suspended for a period of three months.
In the event a licensee is convicted of violating any of the provisions of 720 ILCS 5/11-20, as now in force or as may be amended from time to time, then the license issued pursuant to this chapter shall be suspended for a period of three months.
The Mayor, before suspending any license, shall give at least 10 days' written notice of the charge. The licensee may, within five days of receipt of said notice, request a public hearing before the Mayor, at which time the licensee may present evidence bearing upon the question. The notice required hereunder may be delivered personally to the licensee or be posted on the premises of the establishment being used as an adult use.
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.
Every licensee shall display a valid license in a conspicuous place within the adult use business so that the same may be readily seen by persons entering the premises.
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 18 years of age.
No licensee nor 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 any ordinance of the City or law of the state or of the United States.
Any person who shall violate any of the provisions of this chapter shall be guilty of a violation. A person who is convicted shall be punished as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.