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HomeMy WebLinkAboutOrdinance #0903r ~= ~: ' s ~ . ~ '~ ORDINANCE N0. ~ ~1~~ AN ORDINANCE AMENDING TITLE 3 OF THE CANTON MUNICIPAL CODE, SAID TITLE CONTAINING THE BUSINESS REGULATIONS OF THE CITY OF CANTON WHEREAS, the Canton Municipal Code was adopted on June 17, 1975, and duly published in book form; and WHEREAS, Title 3 of the Canton Municipal Code contains regulations of businesses in the City of Canton; and WHEREAS, adult book stores, cabarets, body shops, massage parlors, and adult motion picture theaters, because of their very nature, are recognized as having serious, objectionable, operational characteristics, particularly when several of them are concentrated in certain areas thereby having a deleterious effect upon adjacent areas; and WHEREAS, it is necessary that these businesses be regulated in such a manner as to prevent this concentration and the erosion of the character of the affected neighborhoods; and WHEREAS, the City of Canton desires to protect the citizens and youths of its community from the objectionable, operational characteristics of such businesses by restricting their close proximity to places of worship, schools, and residential areas; and WHEREAS, the concentration of adult motion picture theaters in an area greatly increases the likelihood of such areas becoming subjected to increased criminal activity; and WHEREAS, the City Council is desirous of avoiding such increased criminal activity and the resultant detrimental effect upon surrounding neighborhoods. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, that Title 3 of the Canton Municipal Code is hereby amend- ed by adding Chapter 18 to read as follows: CHAPTER 18 Regulation of Adult Businesses 3-18-1: DEFINITIONS: For the purpose of this Chapter, the following words and phrases shall have the meanings respectively prescribed to them by this Section. Any reference to the masculine shall include the feminine, and any reference to the singular shall include the plural. (A) ADULT BOOK STORES: 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. r . , ;' (B) ADULT MOTION PICTURE THEATER: An enclosed building with a capacity of fifty (50) or more persons used regularly and routinely for present- ing 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 obser- vation by patrons therein. (C) ADULT MINI MOTION PICTURE THEATER: An enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguish- ed or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observa- tion by patrons therein. (D) 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. (E) 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 semi- nude dancing, readings, counseling sessions, body painting, and other activi- ties that present materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to "sp'ecified sexual activities" or "specified anatomical areas" are provided for observation by or communication to persons paying such consideration or gratuity. (F) 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, shop- ping plazas, or shopping squares. (G) 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 paragraph (J) of this Section. (H) Specified sexual activities are any of the following conditions: (1) Human genitals in a state of sexual stimulation or arousal. (2) Acts or representations of acts of human masturbation, sexual intercourse or sodomy, beastiality, oral copulation, or flagellation. (3) Fondling or erotic touching of human genitals, pubic region, buttock, or breast. (4) Excretory functions as part of or in connection with any activities set forth in (1) through (3) above. (I) Specified anatomical areas are any of the following conditions: (1) Less than completely and opaquely covered: (a) Human genitals, pubic region, or pubic hair; (b) Buttock; and (c) Human breast below a point immediately above the top of the aerola; and - 2 - ~; ~ . . (2) Human male genitals in a discernibly turgid state, even if completely covered. (J) MASSAGE: 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. 3-18-2: ADULT USES ENUMERATED: The following shall be considered adult uses for the purpose of this Chapter: (A) Adult book store; (B) Adult motion picture theater; (C) Adult mini motion picture theater; (D) Adult entertainment cabaret; (E) Massage establishment; (F) Body shop or model studio. 3-18-3: LIMITATIONS ON ADULT USES: Adult uses shall be permitted subject to the following restrictions: (A) An adult use shall not be allowed within five hundred (500) feet of another existing adult use. (B) An adult use shall not be located within seven hundred (700) feet of any zoning district which is zoned for Single-Family Residential (R-1), Single- Family Residential (R-2), Two-Family Residential (R-3), or Multi-Family Residential (R-4 ). (C) An adult use shall not be located within five hundred (500) feet of a pre-existing 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. (E) Any adult use doing business at the time this Ordinance takes effect shall have one (1) year from the effective date of this Ordinance to comply with the provisions of Paragraphs (A) through (D), inclusive, of this Section. (F) Any adult use doing business at the time this Ordinance takes effect shall have thirty (30) days from the effective date of this Ordinance to apply for the issuance of an adult use license. 3-18-4: MEASUREMENT OF DISTANCES: For the purposes of this Chapter, measure- ments 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. 3-18-5: LICENSE REQUIREn; FILING OF APPLICATION; FILING FEE: It shall be un- lawful 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 of Canton, the operation of an adult use as herein defined, without first having obtained a separate license for such adult use from the Mayor of the City of Canton. - 3 - ,f ~ Every applicant for a license to maintain, operate, or conduct an adult use 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 of Twenty-five Dollars ($25.00) to the City Clerk, who shall issue a receipt which shall be attached to the application filed with the City Clerk. Within ten (10) days after receiving the application, the Mayor shall notify the applicant that his application is granted, denied, or held for further investigation. Such additional investigation shall not exceed an additional thirty (30) days unless otherwise agreed to by the applicant. Upon the con- clusion of such additional investigation, the Mayor shall advise the applicant in writing whether the application is granted or denied. Whenever an application is denied or held for further investigation, the Mayor shall advise the applicant in writing of the reasons for such action. Failure or refusal of the applicant to give any information relevant to the investigation of the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said appli- cation or his or her refusal to submit to or cooperate with any inspection or investigation required by this Chapter shall constitute an admission by the applicant that he or she is ineligible for such permit and shall be grounds for denial thereof by the Mayor. 3-18-6: CONTENTS OF APPLICATION FOR LICENSE: An applicant for a license shall furnish the following information under oath: (A) Name and address. (B) Written proof that the individual is at least eighteen (18) years of age. (C) The exact nature of the adult use to be conducted and the proposed place of business and facilities thereto. 3-18-7: ISSUANCE OF ADULT USE LICENSE: The Mayor shall issue a license to main- tain, operate, or conduct an adult use unless he finds: (A) That the applicant is under age of eighteen (18) years or under any legal disability. (B) That the applicant, at the time of application for renewal of any license issued under this Chapter, would not be eligible for such license upon a first application. 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. 3-18-8: SUSPENSION OR REVOCATION OF LICENSE FOR ADULT USE: Any license issued for an adult use may be revoked or suspended by the Mayor if the Mayor shall find: (A) That the licensee has violated any of the provisions of this Chapter regu- lating adult use. (B) The licensee has knowingly furnished false or misleading information or with- held relevant information on any application for any license or permit required by this Chapter or knowingly caused or suffered another to furnish or with- hold such information on his or her behalf. - 4 - ~. ' . Y ~ r The Mayor before revoking or suspending any license shall give the licensee at least ten (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. 3-18-9: AUTOMATIC SUSPENSION: (A) In the event a person under the age of eighteen (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 Section 1 of this Chapter, then the license issued pursuant to this Ordin- ance shall be suspended for a period of three (3) months. (B) In the event a licensee is convicted of violating any of the provisions of Ill. Rev. Stat. (1979) Ch. 11, Section 20 as now in force or as may be amended from time to time or any of the provisions of Title 6, Chapter 3, Article V, Section 1 of the Canton Municipal Code as now in force or as may be amended from time to time, then the license issued pursuant to this Ordinance shall be suspended for a period of three (3) months. (C) The Mayor, before suspending any license, shall give at least ten (10) days' written notice of the charge. The licensee may within five (5) 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. 3-18-10: EXTERIOR DISPLAY: No adult use shall be conducted in any manner that permits the observation of any material depicting, describing, or relat- ing 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. 3-18-11: DISPLAY OF LICENSE AND PERMIT: Every licensee shall display a valid license in a conspicuous place within the adult use business so that same may be readily seen be persons entering the premises. 3-18-12: EMPLOYMENT OF PERSONS UNDER AGE OF EIGHTEEN PROHIBITED: 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 eighteen (18 ) years of age . 3-18-13: ILLEGAL ACTIVITIES ON PREMISES: No licensee or 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 of Canton or law of the State of Illinois or of the United States. 8-18-14: SEVERABILITY CLAUSE: If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, or application thereof to any person, firm, corporation, public agency, or circum- stance, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. It is hereby declared to be the legislative intent of the City Council that this Ordin- ance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section, or part thereof not then been included. - 5 - ~ ~ ~ '• ~ 3-18-15: VIOLATION AND PENALTY: Any person who shall violate any of the provisions of this Chapter shall be guilty of a misdemeanor. A person who is convicted shall be punished by a fine of not less than One Hundred Dollars ($100.001 or more than Five Hundred Dollars ($500.00). A second or sub- sequent. offense is punishable by a fine of not less than $300.00 nor more than $500.00. 3-18-16: REPEAL OF CONFLICTING ORDINANCES: Any other ordinances or resolutions of the City of Canton which may contain provisions contrary to those in this Ordinance are hereby expressly revoked and shall be considered to be superseded by this Ordinance. PASSED AND APPROVED at a regular meeting of the City Council of the City of Canton, Fulton County, Illinois this ~ S'T day of f~ ~ L ~ /~~~ R , 1981, and upon roll call the vote was as follows: AYES: Aldermen Kovachevich, Hammond, Selfridge, Sarff, Carl. Horr. NAYS: None. ABSENT: APPROVED this ~ S t day of [~ L L EM 8 ~ ~ , 1981. ~ ~~~~ Donald Edwards, Mayor ATTEST: Nancy bites, City Clerk - 6 - ~ .' , CITY 0'~ C.~NTOti ORDI~A`CE ~?0. 903 ADOPTED BY THE CITj' COLNCIL OF THE CITY OF CANTON THIS 1st DAY OF Decembers lg 8~ Published in pamphlet form by authority of the City Council of the City of Canton, Fulton County, Illinois, this 2nd day of December , 19 81 , STATE OF ILLINOIS, ) ) SS. COLD?TY OF FULTON . ) I, the undersigned, certify t'~at I am the duly elected and acting City Clerk of the City of Canton, Fulton County, Illinois. I further certify that on December 1 19 81 the Corporate Authorities of the aforesaid mu:~iciaality passed and approved the afore- said Ordinance Na. 903 entitled "An Ordinance Amending Title 3 of the Canton Municipal Code, said Title Containing the Business Regulations of the City of Canton" , _.~ _ - X~~X1~~X}"~~1~X~ '4~~X~~i~3~X~X~3~XX~ X~I4t~~Xl~t~f X~~~i~~~~4~f~`iX~~X~~~K~X~It}~'~1X The pamphlet form of the aforesaid Ordinance No. 903 including the Ordinance and a cover sheet t^ereof was prepared, and a copy of such Ordinance ~•Tas posted in tb.e City Building, 210 E. Chestnut Street, Canton, Illinois, comr~lencing on December 2 19 81 and continuing for at least ten (10) days therea to-. Copies of such Ordinance were also available for public inspection ~~oo~.-request in the Office of the City Cler'~c. DATED at Canton, Illinois this /~-~-~ day of December 19 81 City Clerlc. (S F A L)