[HISTORY: Adopted by the Board of Trustees of the Village
of Westville as Ch. 7, Art. VII, of the 2015 Code. Amendments noted
where applicable.]
The purpose of this chapter is to regulate adult uses to protect
the community from the many types of criminal activity frequently
associated with such uses. The Village recognizes that such regulation
cannot effectively prohibit such uses, but can balance the competing
interests of the community in reducing criminal activity and protecting
property values versus the protected rights of the owners, operators,
employees and patrons of adult uses.
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment having as a substantial or significant portion
of its sales or stock-in-trade, books, magazines, films for sale or
for viewing on premises by use of motion-picture devices or by coin-operated
means, and 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 materials,
or an establishment that holds itself out to the public as a purveyor
of such materials based upon its signage, advertising, displays, actual
sales, presence of video preview or coin-operated booths, exclusion
of minors from the establishment's premises or any other factors showing
the establishment's primary purpose is to purvey such material.
A public or private establishment which:
Features topless dancers, strippers, "go-go" dancers, male or
female impersonators, lingerie or bathing suit fashion shows;
Not infrequently features entertainers who display specified
anatomical areas; or
Features entertainers who by reason of their appearance or conduct
perform in a manner which is designed primarily to appeal to the prurient
interest of the patron or features entertainers who engage in, or
are engaged in explicit simulation of, specified sexual activities.
A building or area used for presenting materials 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.
An establishment having a substantial or significant portion
of its sales or stock-in-trade consisting of toys, devices, clothing
"novelties," lotions and other items distinguished or characterized
by their emphasis on or use for specified sexual activities or specified
anatomical areas or an establishment that holds itself out to the
public as a purveyor of such materials based upon its signage, advertising,
displays, actual sales, exclusion of minors from the establishment's
premises or any other factors showing the establishment's primary
purpose is to purvey such material.
Adult bookstores, adult motion-picture theaters, adult entertainment
cabarets, adult clubs allowing nudity at regular or frequent times,
adult novelty stores and other similar uses.
Employees, independent contractors or any other person who
is retained by the licensee or subject to dismissal from working at
the licensed premises.
The showing of the human male or female genitals, pubic area,
female breasts with less than a full opaque covering below a point
immediately above the top of the areola, human male genitals in a
discernibly turgid state even if completely and opaquely covered,
or that portion of the buttocks which would be covered by a properly
worn "thong" type bikini bottom.
Any location frequented by the public, or where the public
is present or likely to be present, or where a person may reasonably
be expected to be observed by members of the public. Public places
include, but are not limited to, streets, sidewalks, parks, beaches,
business and commercial establishments (whether for profit or not-for-profit
and whether open to the public at large or where entrance is limited
by a cover charge or membership requirement), hotels, motels, restaurants,
nightclubs, country clubs, cabarets and meeting facilities utilized
by social, fraternal or similar organizations. Premises used solely
as a private residence, whether permanent or temporary in nature,
shall not be deemed a public place. Public places shall not include
enclosed single-sex public rest rooms, enclosed single-sex functional
showers, locker and/or dressing room facilities, enclosed motel rooms
and hotel rooms designed and intended for sleeping accommodations,
doctors offices, churches, synagogues or similar places when used
for circumcisions, baptisms or similar religious ceremonies, portions
of hospitals and similar places in which nudity or exposure is necessarily
and customarily expected outside of the home; nor shall it include
a person appearing in a state of nudity in a modeling class operated
by: 1) a proprietary school licensed by the state; a college, junior
college or university supported entirely or partly by taxation; or
2) a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college
or a university supported entirely or partly by taxation or an accredited
private college.
Any of the following offenses:
Prostitution or promotion of prostitution; dissemination of
obscenity; sale, distribution or display of harmful material to a
minor; sexual performance by a minor; possession or distribution of
child pornography; public lewdness; public indecency; indecency with
a child; engaging in organized criminal activity; sexual assault;
molestation of a child; gambling; or distribution of a controlled
substance; or any similar offenses to those described above under
the criminal or penal code of other states or countries;
For which:
Less than two years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
Less than five years have elapsed since the date of conviction
or the date of release from confinement for conviction, whichever
is the later date, if the conviction is a felony offense; or
Less than five years have elapsed since the date of the last
conviction or the date of release from confinement from the last conviction,
whichever is the later date, if the convictions are of two or more
misdemeanor offenses or a combination of misdemeanor offenses occurred
within any twenty-four-month period; and
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant.
A.Â
It shall be unlawful for any person to operate an adult use without
a valid adult use business license issued by the Village pursuant
to this chapter.
B.Â
An application for a license shall be made on a form provided by
the Village.
C.Â
All applicants must be qualified according to the provisions of this
chapter. The application may request and the applicant shall provide
such information (including fingerprints) as is needed to enable the
Village to determine whether the applicant meets the qualifications
established in this chapter.
D.Â
If a person who wishes to operate an adult use is an individual,
the person must sign the application for a license as applicant. If
the applicant is a club, consisting of private or public membership,
then such entity shall also be licensed under this chapter. If a person
who wishes to operate an adult use is other than an individual or
club, each individual who has a 20% or greater interest in the business,
including corporations, must sign the application for a license as
applicant. Each applicant must be qualified under the following section
and each applicant shall be considered a licensee if the license is
granted.
E.Â
The completed application for an adult use business license shall
contain the following information:
(1)Â
If the applicant is an individual, the individual shall state his/her
legal name and any aliases and submit proof that he/she is 18 years
of age;
(2)Â
If the applicant is a club, consisting of private or public membership,
a copy of the bylaws of the club must be submitted with the application.
In addition, a sworn statement as to the purposes, general activities
and requirements for club membership must be submitted.
(3)Â
If the applicant is a partnership, the partnership shall state its
complete name and the names of all partners, whether the partnership
is general or limited, and a copy of the partnership agreement, if
any; and
(4)Â
If the applicant is a corporation, the corporation shall state its
complete name, the date of incorporation, evidence that the corporation
is in good standing under the laws of its state of incorporation,
the names and capacity of all officers, directors and principal shareholders
(those with a 20% or more stake), and the name and address of the
registered corporate agent.
(6)Â
Whether the applicant has been convicted of any specified criminal
activity as defined in this chapter, and if so, the specified criminal
activity involved, the date, place and jurisdiction of each.
(7)Â
Whether the applicant has had a previous license under this chapter
or similar ordinances from another jurisdiction denied, suspended
or revoked, including the name and location of the business which
the permit was denied, suspended or revoked, as well as the date of
the denial, suspension or revocation. If the applicant has been a
partner in a partnership or an officer, director or principal stockholder
of a corporation that is or was licensed under this chapter or similar
ordinance in another jurisdiction and a license has previously been
denied, suspended or revoked, include the name and location of the
business for which the permit was denied, suspended or revoked, as
well as the date of denial, suspension or revocation.
(8)Â
Whether the applicant holds any other licenses under this chapter
or other similar ordinance from another jurisdiction and, if so, the
names and locations of such other licensed businesses.
(9)Â
A sketch or diagram showing the configuration of the premises, including
a statement of total floor area occupied by the business. This sketch
or diagram need not be professionally prepared, but it must be drawn
to a designated scale or drawn with marked dimensions of the interior
of the premises.
A.Â
Within 30 days after receipt of a completed adult use business license
application, the Village shall approve or deny the issuance of a license
to an applicant. The Village shall approve the issuance of a license
unless it determines, by a preponderance of the evidence, any one
or more of the following:
(1)Â
The applicant is under 18 years of age;
(2)Â
The applicant is overdue in payment to the Village of taxes, fees,
fines or penalties assessed against or imposed upon him/her in relation
to any business;
(3)Â
The applicant has failed to provide information reasonably necessary
for the issuance of the license or has falsely answered a question
or request for information on the application form;
(4)Â
The applicant has been denied a license by the Village to operate
an adult use business within the preceding 12 months or has had his
license to operate an adult use business revoked within the preceding
12 months;
(5)Â
The applicant has been convicted of a specified criminal activity
defined in this chapter;
(6)Â
The premises to be used for adult use business has not been inspected
and approved by the Fire Department and the Building Department as
being in compliance with applicable laws and ordinances;
(7)Â
The license fee required by this chapter has not been paid;
(8)Â
The applicant of the proposed establishment is in violation or is
not in compliance with all of the provisions of this chapter.
B.Â
The license, if granted, shall state on its face the name of the
person or persons to whom it is granted, the expiration date and the
address of the adult use business. All licenses shall be posted in
a conspicuous place at or near the entrance to the business so that
they may be easily read at any time.
C.Â
The Fire Department and Code Enforcement Officers shall complete
their inspection certification that the premises are in compliance
or not in compliance with Village codes within 20 days of receipt
of the application by the Village.
D.Â
No adult use business license shall be issued unless the business building and the lot on which the building is located meet all criteria set forth in Chapter 360, Zoning, of the Village Code. However, an adult use business license may be issued for a premises which is a legal nonconforming use which has not yet been amortized or for a premises where such amortization is being challenged by litigation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.Â
No signs, advertising or other notice to the public may be given
for any premises where an adult use is conducted, pursuant to this
chapter.
No liquor license shall be issued to a licensee or to premises
where adult use is conducted, nor shall liquor be sold, given away
or allowed to be consumed on the premises where any adult use is conducted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every application for an adult use business license (whether
a new license or for renewal of an existing license) shall be accompanied
by a nonrefundable application and investigation fee in an amount
set from time to time by the Board of Trustees by resolution.
A.Â
An applicant or licensee shall permit representatives of the Police
Department, Fire Department, Building Department or other Village
or Village-designated departments or agencies to inspect the premises
of the adult use for the purpose of ensuring compliance with the provisions
of this chapter at any time it is occupied or open for business.
B.Â
A person who operates an adult use or his agent or employee violates
this chapter if he/she refuses to permit such lawful inspection of
the premises at any time it is occupied or open for business.
A.Â
Each license shall expire on the January 1 after it was issued and may be renewed only by making application as provided in § 150-3. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of license will not be affected.
B.Â
If the Village denies renewal of a license, the applicant shall not
be issued a license for one year from the date of denial. If, subsequent
to denial, the Village finds that the basis for denial of the license
has been corrected or abated, the applicant may be granted a license.
A.Â
The Village may suspend a license for a period not to exceed 30 days
if, after a hearing, it determines that a licensee or an employee
of a licensee:
B.Â
If the licensee or an employee of the licensee has been found guilty
in a court of law of a violation of this chapter, no hearing is necessary
prior to suspension of the license.
A.Â
The Village shall revoke a license if a cause of suspension in § 150-9 above occurs and the license has been suspended within the preceding 12 months or if the licensee is convicted of any specified criminal activity.
B.Â
The Village may revoke a license if it determines, after a hearing,
that:
(1)Â
A licensee gave false or misleading information in the material submitted
during the application process;
(2)Â
A licensee or management personnel have knowingly allowed possession,
use or sale of alcohol or controlled substances on the premises;
(3)Â
A licensee or management personnel have knowingly allowed prostitution
on the premises;
(4)Â
A licensee or management personnel knowingly operated the adult use
business during a period of time when the licensee's license was suspended;
(5)Â
A licensee or management personnel have knowingly allowed any act
of sexual intercourse, sodomy, oral copulation, masturbation or other
sex act to occur in or on the licensed premises;
(6)Â
A licensee is delinquent in payment to the Village, county or state
for any taxes or fees past due;
(7)Â
A licensee or management personnel have knowingly facilitated another's
commission of the offense of public indecency; or
(8)Â
The adult use is a public nuisance as defined by statute, ordinance
or case law.
C.Â
If the Village revokes a license, the revocation shall continue for
one year and the licensee shall not be issued an adult use business
license for one year from the date the revocation became effective.
If, subsequent to revocation, the Village finds that the factual basis
for the revocation did not occur, the applicant may be granted a license.
D.Â
After denial of an application, or denial of a renewal of an application,
or suspension or a revocation of any license, the applicant or licensee
may seek prompt judicial review of such action in any court of competent
jurisdiction.
A licensee shall not transfer his/her license to another nor
shall a licensee operate an adult use business under the authority
of a license at any place other than the address on the license.
All adult uses shall file a verified report with the Village
showing the licensee's gross receipts and amounts paid to employees
during the preceding calendar year. In addition, all adult uses shall
maintain and retain for a period of two years the names, addresses
and ages of all persons employed, including independent contractors,
by the licensee.
No adult use may be issued a liquor license; nor shall any establishment
with a liquor license operate as an adult use.
All dancing or other performances shall occur on a stage intended
for that purpose which is raised at least two feet from the level
of the floor. No dancing or other performance shall occur closer than
10 feet to any patron. In addition, no dancer or performer shall fondle,
caress or otherwise touch any patron, and no patron shall fondle,
caress or otherwise touch any dancer or performer. No patron shall
directly pay or give any gratuity to any dancer or performer, and
no dancer shall solicit any pay or gratuity from any patron. Gratuities
may be indirectly given to dancers or performers by placing the gratuity
on the stage.
No booths, stalls or partitioned portions of a room or individual
rooms used for the viewing of motion pictures or other forms of entertainment
shall have doors, curtains or portal partitions, but all such booths,
stalls or partitioned portions or a room or individual rooms so used
shall have at least one side open to an adjacent public room so that
the area inside is visible to persons in the adjacent public room.
All such described areas shall be lighted in such a manner that the
persons in the areas used for viewing motion pictures or other forms
of entertainment are visible from the adjacent public rooms, but such
lighting shall not be of such intensity as to prevent the view of
the motion pictures or other offered entertainment.
No adult use shall be open prior to 10:00 a.m. or after 2:00
a.m.
Any licensee hereunder shall permit law enforcement officials
free and unlimited access to the premises during hours of operation,
upon reasonable request, for the purposes of investigating compliance
with the provisions of this chapter.
