Ordinance No. 2014-2 AN ORDINANCE TO AMEND TITLE 5 OF THE MUNICIPAL CODE OF BUSHNELL, ILLINOIS, TO REGULATE ADULT USES WHEREAS, the City of Bushnell, Illinois (“City�) has reviewed and analyzed numerous judicial decisions and ordinances of other municipalities and counties in Illinois concerning the impacts or secondary effects of sexually oriented businesses on the areas in which such activities are located or take place; and WHEREAS, the City wishes to prevent the location of sexually oriented business activities from adversely affecting or slowing the growth of business areas, adversely affecting or decreasing residential property values or otherwise adversely affecting or interfering with other sensitive land uses such as schools, child care centers, parks, cemeteries, public housing facilities, and places of worship; and WHEREAS, Adult Uses or sexually oriented businesses can cause or contribute significantly to increases in criminal activity in the areas in which they are located or take place, thereby taxing crime prevention, law enforcement and public health services; and WHEREAS, Adult uses or sexually oriented businesses that serve or otherwise provide alcoholic liquor in combination with live nude adult entertainment often encourages prostitution, an increase in the frequency of sexual assaults, attract or encourage other related criminal activity, and generally increase public health and safety rests; and WHEREAS, Adult uses or sexually oriented businesses can cause or contribute significantly to the deterioration of residential neighborhoods, can impair the character and quality of such neighborhoods and the housing located therein; and WHEREAS, Adult uses or sexually oriented businesses can undermine the stability of other established businesses and commercial uses in areas in which sexually oriented businesses are located; and WHEREAS, Adult uses or sexually oriented businesses can be dehumanizing and distracting influence on young people and students attending schools; can diminish or destroy the enjoyment of parks playgrounds and other public recreational areas; can in interfere with the spiritual experience of attending services at a place of worship; and can interfere with the opportunity for solemn and respectful contemplation at cemeteries and similar facilities; and WHEREAS, the city has determined that adult uses or sexually oriented. Businesses will unless properly regulated have these and other severe adverse impacts and secondary effects on the city and its residents; and Page 1 of 11
WHEREAS, the regulations established by this ordinance are in no way based on the content of any protected speech associated with adult uses or sexually oriented businesses in the purpose and intent of the regulations are not to restrict or prohibit protected speech associated with these types of businesses but rather it is to address, mitigate, and if possible, eliminate the adverse impacts of secondary effects of adult uses or sexually oriented businesses on our community; and WHEREAS, the City has the power and authority adopt and enforce regulations established by Ordinance pursuant to (a) its general police powers to protect health, safety, morals and general public welfare; (b) the provisions of Sections of the Illinois Municipal Code, (c) the provisions fo the Liquor Control Act of 1934 and (d) all other applicable provision of law; WHEREAS, the City Council finds that it is in the best interests of the City to adopt this ordinance to license and regulate adult uses or sexually oriented businesses within the City of Bushnell. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BUSHNELL, McDONOUGH COUNTY, ILLINOIS, AS FOLLOWS: Section 1. Incorporation of Preamble. The foregoing recitals are true and correct and are incorporated herein as the findings of the Mayor and City Council. Section 2. Amendment of Title 5 of the Municipal Code of Bushnell, Illinois. Title 5 is hereby amended by adding the words and figures as follows:
TITLE 5 BUSINESS LICENSES AND REGULATIONS CHAPTER 5.13 ADULT USES 5.13.010 Definitions. A. "Adult bookstore" means an establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or rental 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 or 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.
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B. "Adult entertainment cabaret" means a public or private establishment which (i) features topless dancers, strippers, male or female impersonators, where employed by a facility or not; (ii) not infrequently features entertainers who display "specified anatomical areas"; or (iii) features entertainers or allows persons, 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 entertainers who engage in, or are engaged in, explicit simulation of "specified sexual activities". C. “Adult mini-motion picture theater” means an enclosed building with a capacity for less 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. D. "Adult motion picture theater" means 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. E. “Adult videotape store” means an establishment having, as a portion of its stork in trade, videocassettes, tapes or films for rental, sale or viewing on or off the premises by use of video viewing devices or by other means, 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 rental, sale or display of such material. F. "Adult Use" means adult bookstores, adult motion picture theaters, adult entertainment cabarets, and other similar uses. G. Specified Anatomical Areas. For the purpose of this section, "specified anatomical areas" means: 1. Less than completely and opaquely covered: (a) human genitals, pubic region, (b) buttocks; (c) female breasts 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. H. Specified Sexual Activities. For the purpose of this section, "specified sexual activities" means: (i) human genitals in the state of sexual stimulation, or arousal; (ii) acts of human masturbation, sexual intercourse, or sodomy; and (iii) fondling or erotic touching of human genitals, pubic region, buttocks, or female breasts.
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5.13.020 Liquor. No liquor license shall be issued and no liquor shall be sold, or consumed, on the premises of any adult use.
5.13.030 Location. Adult uses may be allowed, upon obtaining a special use permit, provided: A. No adult use facility shall be located within one thousand five hundred (1500)feet of the lot line of any property which is used, for residences, churches, schools, public libraries, public housing, cemetery, place of religious worship, youth recreation facilities, day care centers or other adult use. B. No adult use facility may have any private, or semi-private rooms, which are shielded from view from the general public areas, and which are not accessible by the general public. 5.13.040 License Required. No adult use shall operate, even at locations where they may be allowed, pursuant to Section 5.13.030 of this chapter without first having obtained a license in the manner set forth 5.13.110. The following standards shall apply: A. Standards. No adult license shall be granted by the city council unless the council finds: 1. The design and operation of the facility will not adversely effect the public health and safety; 2. It will not cause substantial injury to the value of the other property in the neighborhood in which it is located; 3. It will not unduly increase traffic congestion in the public streets and highways in the area in which it is located; 4. It will not cause additional public expense for fire or police protection; 5. It will not substantially increase the possibility of criminal acts against persons and properties within one thousand five hundred (1500) feet of such proposed special use, or against persons who regularly use such properties.
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5.13.050 Registration. The owner of a building or premises, his agent for the purposes of managing, controlling or collecting rents, or any other person managing or controlling a building or premises, any party of which contains an adult use, shall register the following information with the city clerk (the same information must be provided with the application for the special use): A. The address of the premises; B. The name of the owner of the premises and names of the beneficial owners, if the property is in a land trust; C. The address of the owner and the beneficial owners; D. The name of the business, or establishment, subject to the provisions of this ordinance; E. The name(s), address(es) and date(s) of birth of the owner, beneficial owner or the major stockholders (over five percent interest) of the business, or establishment subject to the provisions of this chapter; F. The date of initiation of the adult use; G. The nature of the adult use; H. If the premises or building is leased, a copy of said lease must be attached, along with written approval by lessor; I. Listing of any arrests, or convictions, of person(s) noted in subsection E of this section, excepting minor traffic violations; and J. Name and location of any other adult use location. 5.13.060 Exterior display. 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" from any public way, or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, or other opening. 5.13.070 Minimum age. No person under twenty-one years of age shall be permitted on the premises, including patrons and employees. Page 5 of 11
5.13.080 Existing adult uses. Any adult use which existed lawfully, but which become nonconforming upon the adoption of this section to the municipal code, may be continued as hereinafter provided: A. Upon written notice from the city to the owners, or interests therein, that any building, structure, lot, or regulated use is nonconforming, the owners, or interests therein, shall within two months from the date of such notice, apply to the city clerk for a certificate of nonconformance. B. Failure to apply for a certificate of nonconformance within two months of the notices provided in subsection A of this section will require the amortization of the nonconformance within six months of the notice provided for in subsection A of this section. C. Nonconformances that have applied for a certificate of nonconformance from the city clerk shall be discontinued within one year of the notice provided in subsection A of this section. 5.13.090 Hours of operation. The business premises of the adult establishment which are generally open to its patrons or members of the general public shall be closed to its patrons and members of the general public from one a.m. to two p.m. daily and all day Sunday. 5.13.100 License required. It is unlawful for any person to open, maintain, operate, conduct or permit to be operated, on, in, or upon any premises in the city, an adult bookstore, adult entertainment cabaret, adult motion picture theater, adult shop or other adult use, without having first obtained a license from the city clerk. 5.13.110 Application fee. Every applicant for a license to open, maintain, operate or conduct an adult bookstore, adult entertainment cabaret, adult motion picture theater, adult shop or other adult use, shall file an application in duplicate with the city clerk and pay a non-refundable filing fee of one thousand dollars ($1000). Annual license renewal fee shall be one thousand dollars ($1000) payable on May 1st of each year. The city clerk shall refer copies of such application to the police committee, all of whom shall inspect the premises and make written recommendations to the city clerk within thirty days of the application date. The city clerk shall either deny or approve said application within forty-five days of the application date.
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5.13.120 Application contents. The application for such a license shall contain the exact name and address of the applicant and the following information about the applicant and any partner or limited partner of a partnership applicant, and any officer or director of a corporate applicant and any stockholder owning more than five percent of a corporate applicant, and any employee of the applicant who will work on the premises: A. Name and address; B. Written proof that the individual is at least twenty-one years of age; C. All residential addresses for the past five years; D. Applicant's height, weight and color of eyes and hair; E. The business, occupation or employment of the applicant for the five years immediately preceding the date of application; F. A statement of all similar businesses ever owned or participated in by applicant including a statement as to whether the applicant has ever held a similar license from any other county or municipality and details of any revocation of any such license; G. All criminal or city ordinance violation convictions or supervisions, and forfeiture of bond, except minor traffic violations; H. The fingerprints and photograph of the applicant; I. A verification of the truth and accuracy of the application by an applicant or officer or corporate applicant. 5.20.130 Restrictions. The following restrictions shall apply to an application for adult book store, adult cabaret, adult gift shop, adult motion picture theater or other adult uses. No application shall be approved for a premises which: A. Is located within one thousand five hundred (1500) feet of the lot line of any property which is used for residences, churches, schools, public libraries, parks, youth recreation facilities, daycare centers or another adult use; B. Is located within one thousand five hundred (1500) feet of another establishment already operating a business defined hereunder or already licensed hereunder;
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C. Has more than one outdoor sign advertising its existence or location; D. Has an outdoor sign exceeding ten feet in length or three feet in width; E. Has an outdoor sign which contains any emphasis, either by wording or picture or otherwise, of matters relating to sexual activities; F. Displays the stock and trade of adult entertainment establishments to the public view from outside the establishment; G. Fails to post a notice at its door that entry by persons under twenty-one is forbidden; H. When the applicant, or any other person listed in Section 5.13.120 of this chapter has been convicted of a felony or crime of moral turpitude, unless the applicant has affirmatively and clearly shown that the applicant has been fully rehabilitated; I. When the applicant, or any other person listed in Section 5.13.120 of this chapter has violated any ordinances of the city, or had any similar license revoked by the city, or any other county or municipality within the previous five years. 5.13.140 Prohibited acts, penalties. A. It shall be deemed a violation of this chapter by the applicant for the applicant or any of its agents to do any of the following: 1. Place more than one outdoor sign on the premises advertising the existence or location of applicant's business; 2. Place any sign on applicant's premises which has a length exceeding ten feet or width exceeding three feet; 3. Place any sign on applicant's premises which contains any emphasis, either by wording or picture or otherwise of matters relating to specified sexual activities or specified anatomical areas; 4. Display any of the applicant's stock and trade relating to specified sexual activities or specified anatomical areas to the public view from outside the establishment; 5. Fail to post a notice at its door that entry by any person under age twenty-one is forbidden;
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6. Allow any person under the age of twenty-one to enter the premises or that portion of the premises where materials related to specified sexual activities or specified anatomical areas are kept; 7. Give any false, inaccurate, incomplete or misleading information on an application for a license. B. Any person found guilty of violating any of the provisions of this section shall be fined not less than two hundred dollars ($200) nor more than seven hundred fifty dollars ($750), and each day of each violation shall constitute a separate offense. C. Any person found guilty of violating Section 5.13.130 of this chapter shall be fined not less than two hundred dollars ($200) nor more than seven hundred fifty dollars ($750), and each day of each violation shall constitute a separate offense. D. If the applicant or any other person listed in Section 5.13.120 of this chapter is convicted of a felony or crime of moral turpitude or violation of any ordinance of the city, the mayor shall have the power to revoke the license issued hereunder forthwith. 5.13.150 Fundraising Purposes Nothing in this ordinance is meant to prohibit male or female impersonators from performing at a drag show for the purpose of charitable fundraising. However, the impersonators may not display "specified anatomical areas" in the state of “specified sexual activities.� Section 3. That if any sections, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance. Section 4. That all ordinances, resolutions or orders or parts thereof in conflict with the provisions of this ordinance are, to the extent of such conflict, hereby repealed. Section 5. Effective Date. This ordinance shall be effective upon its passage, approval and publication, in pamphlet form, as provided by law. Passed by the Mayor and City Council of the City of Bushnell, Illinois, this ____ day of ____________, 2014. AYES:_____________________________________________________ NAYS:_____________________________________________________ ABSENT:____________________________________________________ Approved this ________ day of_________, 2014.
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_________________________________ CITY CLERK, BUSHNELL, ILLINOIS
Approved by the Mayor of the City of Bushnell, Illinois, on the_______ day of ______, 2014. _________________________________ MAYOR ATTEST: ________________________ CITY CLERK
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STATE OF ILLINOIS
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COUNTY OF MCDONOUGH
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CERTIFICATE I, Donna Coates, certify that I am the duly elected and acting municipal clerk of the City of Bushnell, McDonough County, Illinois. I further certify that on _______ 2014, the Corporate Authorities of such municipality passed and approved Ordinance No. 2014-2, entitled AN ORDINANCE TO AMEND TITLE 5 OF THE MUNICIPAL CODE OF BUSHNELL, ILLINOIS, TO REGULATE ADULT USES, as amended, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2014-2, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on___________________, 2014, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Bushnell, Illinois, this______ day of_________, 2014.
_________________________________ Donna Coates, Municipal Clerk
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