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Home My WebLink AboutOrdinance #0907~.._ ORDINANCE N0. G~ AN ORDINANCE AMENDING TITLE 3, CHAPTER 8, OF THE CANTON MUNICIPAL CODE, SAID CHAPTER CONTAINING THE LIQUOR REGULATIONS FOR 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, Chapter 8 contains the Liquor Regulations of the City of Canton; and, WHEREAS, common experience indicates that any form of nudity coupled with alcohol in a public place begets undesirable behavior; and, WHEREAS, sexual acts and performance in public places often lead to dis- orderly and undesirable behavior; and, WHEREAS, the City Council of the City of Canton deems it to be in the best interests of the City of Canton to amend Title 3, Chapter 8 by adding sections making it unlawful to allow nudity and related acts in or upon premises serving liquor by the drink and/or beer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, that Title 3, Chapter 8 of the Canton Municipal Code is hereby amended as follows: 1. That Title 3, Chapter 8, Section 17 is hereby added to read as follows: 3-8-17: CERTAIN FORMS OF NUDITY PROHIBITED: It shall be unlawful for any licensee under this Chapter to suffer or permit any person to appear on the licensed peemises, or in any area which can be viewed from the premises, in such manner or attire as to expose to view any portion of the pubic area, anus, vulva, or genitals, or any simulation thereof, nor shall suffer or permit any female to appear on the licensed premises in such manner or attire as to expose to view any portion of the breast below the top of the areola or simulation thereof . 2. That Title 3, Chapter 8, Section 18 is hereby added to read as follows: 3-8-18: CERTAIN ACTS PROHIBITED: It shall be unlawful for any licensee under this Chapter to suffer or permit any person to perform on the premises, or in any area which can be viewed from the premises, acts of or acts which simulate: (A) Sexual intercourse, masturbation, sodomy, bestiality, oral copula- tion, flagellation, or any sexual acts which are prohibited by law. (B) The touching, caressing, or fondling of the breasts, buttocks, anus, or genitals. (C) The displaying of the pubic hair, anus, vulva, or genitals. (D) To permit any person to remain in or upon the licensed premises who commits any of the acts described above or allows another person to commit upon his or her body any of the acts described above. +' 3. That Title 3, Chapter 8, Section 19 is hereby added to read as follows: 3-8-19: SHOWING OF CERTAIN FILMS, PICTURES PROHIBITED: It shall be unlawful for any licensee under this Chapter to suffer or permit the showing on the premises, or in any area which can be viewed from the premises, of film, still pictures, electronic reproduction, or other visual reproductions depicting: (A) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law. (B) Any person being touched, caressed, or fondled on the breast, buttocks, anus, or genitals. (C) Scenes wherein a person displays the vulva or the anus or the genitals. (D) Scenes wherein artificial devices or inanimate objects are employed to depict or drawings are employed to portray any of the prohibited activities described above. 4. That Title 3, Chapter 8, Section 20 is hereby added to read as follows: 3-8-20: PENALTY: Any person who shall violate any of the provisions of Title 3, Chapter 8, Sections 17, 18 or 19 of the Canton Municipal Code shall be guilty of a misdemeanor. A person who is convicted shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00). A second or subsequent offense is punishable by a fine of not less than $300.00 nor more than $500.00. In addition to the foregoing, any person who shall violate any of the provisions of Title 3, Chapter 8, Sections 17, 18 or 19 of the Canton Municipal Code shall be subject to the provisions of Title 3, Chapter 8, Section 16 of this Code. BE IT FURTHER ORDAINED that if any section, subsections, subdivision, para- graph, sentence, clause, or phrase of this Ordinance or any part thereof, or app- lication thereof to any person, firm, corporation, public agency, or circumstance, 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 Ordinance would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section, or part thereof not then been included. BE IF FURTHER ORDAINED that this Ordinance shall be in full force and effect upon its passage, approval, and publication as required by law. PASSED by the City Council of the City of Canton, Fulton County, Illinois and APPROVED by the Mayor thereof this 1St day of December 1981, and upon roll call the vote was as follows: s ~ ~ ,• CITY OF CANTON ORDINANCE N0. 907 r ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON THIS 1 st DAY OF December ~ lg 81 , Published in pamphlet form by authority of the City Council of the City of Canton, Fulton County, Illinois, this 2nd day of fecember 19 ~_. !._ STATE OF ILLINOIS, ) SS. COUNTY OF FULTON. ) I, the undersigned, certify that I am the duly elected and acting City Clerk of the City of Canton, Fulton County, Illinois. I further certify that on December 1st 19 ~ the Corporate Autho rities of the aforesaid municipality passed and approved the afore- said Ordinance No. 907 entitled Ame nding Titl e 3, Chapter 8 of the Canton Municipal Code, saj~ Chapter Containing the Liquor Re gulations for the Cii~y of S~.n to n . ____ __ _ _ _.__~ ~~~~~x~~~x~~i~~.x~~x~xx-x'~~~x~~~~~~~~c~x~x~~~~x~_x The pamphlet form of the aforesaid Ordinance No. 907 including the Ordinance and a cover sheet thereof was prepared, and a copy of such Ordinance was posted in the City Building, 210 E. Chestnut Street, Canon, Illinois , commencing on D-cember 2nd 19 81 and continuing for at least ten (10) days thereafter. Copies of such Ordinance were also available for public inspecti upon request in the Office of the City Clerk. DATED at Canton, Illinois this 14th day of December 19 81 A ~.. ~ ~- ~ C Clem:. (S EAL)