Sexually Oriented Businesses and the Law in Burr Ridge

Burr Ridge IL

13 May, 2022

12:44 PM

Description

Here is a letter sent to BR Police Chief John Madden and BR Admin. Evan Walter: Evan and John: We have sexually oriented businesses operating in Burr Ridge and advertising they are selling CBD and THC (both against code) . They are advertising poker and tournaments (permits needed) I had texted John about this prior to the 30th of April but heard nothing back. I had emailed Evan on 4/28 but also heard nothing. I know this was brought to the Trustee's attention several months ago because it's in the EDC minutes and Trustee Tiny Schiappa has been quoted as threating those who brought this info with police action. Hope I don't get arrested! Curious to know when the Burr Ridge PD or Code Enforcement will do their job? Or are we still giving favors to hotels and businesses who donate to Mayors? Crown Plaza donated, in apparent volition of the state liquor code I might add, to Straub and likely others. Or is it that we ignore the code and only punish the law abiding who seek to enforce it? It seems to me that the board of Trustees and mayor Grasso are more focused on the Bible and supporting the activities of mobbed-up businesses that pay their families as well as much other shady stuff in town rather than enforcing the law. So in case you boys need some help with the law, here is the code and how it seems to apply: This from the Village's Municipal Code. Chapter 9 was added by Ordinance 837, dated 10-27-97. It is found here: https://www.burr-ridge.gov/wp-... I'm sure there are other sections of the code that prohibit public and CBD/THC sales, but for now let's just review "sexually oriented businesses," shall we? CHAPTER 9SEXUALLY ORIENTED BUSINESSESIn the interpretation and construction of this Chapter, the following definitions shall apply unless they are inconsistent with the manifest intent of the Board of Trustees or the context clearly requires otherwise:Sexually Oriented Businesses are those businesses defined as follows: 11) "Sexual Encounter Establishment", means a business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" when one or more of the persons is semi-nude or nude. EstablishmentIncludes any of the following:5) The addition of a sexually oriented business to an existing business which is not a sexually oriented business DOES THE CROWNE PLAZA HAVE A CERTIFICATE OF OCCUPANCY TO HAVE A SEXUALLY ORIENTED BUSINESS? Likely not: Certificate HolderA person in whose name a Zoning Certificate of Occupancy to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a certificate. Specified Criminal Act Includes any criminal act or conduct as defined in the Illinois Criminal Code, United States Code, Criminal Code of any other State; Criminal Code of any United States Territory; or the Village of Burr Ridge Code which is defined as or has as one of its elements, any of the following;A. exploitation of a minor;B. sexual penetration;C. sexual touching;D. pornographic images of a minor;E. incest;F. public sexual activity or indecency;G. prostitution or solicitation of prostitution;H. tax evasion or criminal tax non-payment;I. pimping; J. pandering; andK. attempt, solicitation, or conspiracy of any item on the foregoing list. HERE'S WHAT THE VILLAGE HAS NOT DONE: Sec. 9.02 Administration of Chapter/Application The Community Development Director or his/her designee is responsible for granting, denying, revoking, renewing, suspending, and canceling Zoning Certificates of Occupancy for proposed or existing sexually oriented businesses. The Community Development Director or his/her designee is also responsible for ascertaining whether a proposed sexually oriented business for which a certificate is being applied for complies with all location requirements of the Village of Burr Ridge Zoning Code and/or all regulations now in effect or as amended or enacted subsequent to the effective date of this Ordinance in the Village. The Burr Ridge Police Department is responsible for providing information on whether an applicant has been convicted of a specified criminal act during the time period set forth.The Village's Code Enforcement Office is responsible for inspecting a proposed, permitted or non- permitted sexually oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances. HERE'S WHAT THE CROWNE PLAZA NEEDS TO DO: 4) In the event that the Community Development Director or his/her designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he/she shall promptly notify the applicant of such fact and allow the applicant ten (10) days to properly complete the application. (The time period for granting or denying a certificate shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.) In the event that the applicant knowingly provides false information on the application form, this provision will not apply. FRIENDS NIGHT OUT ACTIVITIES INCLUDE STRIP SHOWS. DID THE CROWNE PLAZA FOLLOW THESE RULES? Likely not: Sec. 9.10 Live Performances/NudityA sexually oriented business which features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities shall comply with the following regulations to receive a Zoning Certificate of Occupancy. It is unlawful for an owner, certificate holder, or operator, and all agents and employees, to fail to ensure compliance with these regulations.a. A person shall not appear in a state of nudity or semi-nudity or engage in a live performance which is characterized by the exposure of specified anatomical areas or by specified sexual activities except upon a stage elevated at least thirty-six (36) inches above floor level. All parts of the stage, or a clearly designated area thereof within which the person appears in a state of nudity or semi-nudity or performs, shall be a distance of at least six (6) feet from all parts of a clearly designated area in which patrons may be present. The stage or designated area thereof shall be separated from the area in which patrons may be located by a barrier or railing the top of which is at least four (4) feet above floor level. SIMPLY, CROWNE PLAZA'S ZONING CERTIFICATE OF OCCUPANCY DOES NOT GIVE IT PERMISSION TO OPERATE A SEXUALLY ORIENTED BUSINESS ON ITS PREMISES (unless, of course, it does): Sec. 9.14 Additional ProhibitionsIt shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a Zoning Certificate of Occupancy has been issued for said business, and said person knows or should know that:a. The business does not have a Zoning Certificate of Occupancy; PENALTIES -- CROWNE PLAZA SHOULD BE CHARGED: Sec 9.16 Penalties Pertaining to Sexually Oriented BusinessesIn addition to whatever penalties are applicable under the Illinois Criminal Code, if a person fails or refuses to obey or comply with or violates any of the provisions of this Chapter pertaining to sexually oriented businesses, such person upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Seven Hundred and Fifty Dollars ($750.00) or by imprisonment not to exceed six months (6) months, or both, in the discretion of the Court. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense.Nothing herein contained shall prevent or restrict the Village from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.All remedies and penalties provided for in this Section shall be cumulative and independently available to the Village and the Village shall be authorized to pursue any and all remedies set forth in this Section or other applicable law to the full extent allowed by law. Zach MottlBurr Ridge Resident