[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.]
GENERAL REFERENCES
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:
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.
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.
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.[1]
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.
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.
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.
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.
Any of the following conditions:
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:
A.
An adult use shall not be allowed within 500 feet of another existing
adult use.
B.
C.
An adult use shall not be located within 500 feet of a preexisting
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.
F.
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.
A.
The following shall be considered exempt from this chapter:
(1)
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.
(2)
Registered nurses and licensed practical nurses who are licensed
to practice in this state while performing such services in their
usual duties.
(3)
Barbers and cosmetologists duly licensed under the laws of this state
in the course of practice of their usual and ordinary vocation and
profession.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
B.
Licensing.
(1)
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.
(2)
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.[1]
(3)
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.
(4)
Whenever an application is denied or held for investigation, the
City Clerk shall advise the applicant in writing of the reasons for
such action.
(5)
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.[2]
An applicant for a license shall furnish the following information
under oath:
A.
Any license issued for an adult use may be revoked or suspended by
the Mayor if the Mayor shall find:
(1)
That the licensee has violated any of the provisions of this chapter
regulating adult uses.
(2)
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.
B.
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.
A.
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.
B.
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.
C.
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.
