Adult-biz rules on Geneva's agenda
Right now, if you wanted to open an adult book or video store in Geneva, you could put it anywhere those kind of stores are allowed, because Geneva lacks laws specifically regulating sexually-oriented businesses.
And while nobody has asked to open such a business, it would be a good idea to have some rules in place just in case, according to community development director Dick Untch.
The city council gave preliminary approval Monday to have the city's plan commission review changing the zoning code and business-licensing rules to cover sexually-oriented business,including stores that sell videos, books and sexual novelty items; theaters; arcades; and places with live performances.
No date has been set for the plan commission's public hearing on the matter.
The city can't prohibit sexually-oriented businesses entirely; the content of their materials and performances is protected as free speech under the 1st Amendment to the U.S. Constitution, according to federal court rulings.
But it doesn't have to let them set up just anywhere _ just somewhere. Geneva is proposing they be allowed only in industrial districts _ and that such businesses must be at least 750 feet away from residences, churches, schools, parks, playgrounds and day-care centers.
They would not be allowed on lots that front Kirk Road, Fabyan Parkway or Route 38.
Those requirements knock out five of Geneva's seven industrial areas, leaving just the Geneva Business Park off East State Street and another, near Kirk Road and Route 38, as eligible.
The businesses would also have to be at least 750 feet away from other sexual businesses.
“The ordinances that are successful (in winning 1st Amendment challenges) regulate the secondary affect on the community,” not the content, Untch said.
The proposed ordinance contains a lengthy list of court decisions, as well as American Planning Association studies about what happens in and around adult businesses, including higher crime, the spread of sexually transmitted diseases and reduction in neighboring properties' values.
Among the proposed regulations: Requiring the business and all its workers (including independent contractors) to have city licenses, with background checks; prohibiting total nudity; prohibiting the sale, consumption or possession of alcoholic beverages where seminude performances are given; and requiring video booths to have open doors and face a manager's station, with a manager at the station at all times, to prohibit sexual activity.
Businesses could not be open before noon or after 1 a.m.
The licenses could cost up to $150 for employees, and $400 for the business.
Batavia adopted similar rules in 2007.
St. Charles prohibits such businesses within 1,000 feet of churches, schools, residential neighborhoods, the central business district, a business transitional district and public lands.