How DuPage County might further regulate adult businesses

DuPage County is looking to expand its definition of an adult business to close a loophole in its zoning ordinance that has allowed some 21-and-older establishments to operate near schools and day care facilities.

County officials also are exploring the possibility of requiring special licenses for adult businesses.

By law, the county can't ban such businesses because it lacks home rule power, but it can restrict where they are located.

In recent months, some residents have raised concerns about several businesses, including an adult photography studio that opened near Wheaton.

Then last week, there was a fatal shooting that left a 29-year-old security guard dead at the Bella One Spa near Roselle. The spa manager told sheriff's deputies the 24-hour adult business on Lake Street is no longer in operation.

County board members say the problems show DuPage's zoning rules for adult businesses must be updated.

"It's frustrating because our zoning is weak when it comes to this," county board member Jim Zay said.

In the case of the adult photography studio, there's no exterior sign. It has darkened windows and neon signs stating "ATM" and "Open 24 Hours."

Neighbors have been complaining about the business for months. But adult photo studios aren't defined as adult businesses under the county's existing ordinance.

That would change if DuPage approves a proposed text amendment that expands the "adult business" definition to include businesses that have a use or service "provided to or restricted to people age 21 years or older."

Businesses with certain licenses and permits, including bars and liquor stores, would be exempt.

"We're going to cover just about anything that presents itself as a service to someone over the age of 21," said county board member Sam Tornatore, who serves as chairman of the county's development committee.

Once an establishment is defined as an adult business, it must follow certain regulations.

Under DuPage's existing zoning rules, adult businesses are only allowed in industrial zoning districts. They also must be at least 1,000 feet from schools, day care centers, religious institutions, cemeteries, residences and recreational areas.

A public hearing on the text amendment is planned for next week. Ultimately, it will be up to the full county board to approve the change.

But even if the change is approved, it only would apply to new businesses.

To better regulate existing adult business, county officials might create a new licensing program.

"If we could somehow license (adult) businesses with restrictions that are within our codes and regulations," Tornatore said, "we might be able to better oversee those businesses."

As part of the proposed program, businesses would be required to renew their licenses each year. That process could include annual inspections and background checks of employees.

On Tuesday, the development committee directed county staff to explore the licensing idea.

Tornatore said his hope is that a license program could be implemented as soon as possible.