Get that ordinance in place

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Back in 1999, Lee County did not have an adult use ordinance in place. Heartbreakers, a so-called “gentlemen’s club” featuring topless dancers, was able to set up shop at a remote highway crossroads in eastern Lee County and continues to operate to this day – despite a failed retroactive attempt by the county board to regulate it, and a resultant federal lawsuit against the county by the strip club owner.

The owner’s federal suit was dropped about 2 years ago after the county agreed not only to grant the strip club a liquor license at $30,000 a year, but also to repeal its adult use ordinance – which could not legally be applied to the strip club anyway because it was passed after the club opened.

In SVN archival news stories from 2007, county officials made mention of writing and passing a new adult use ordinance. For whatever reason, that apparently did not happen.

In 2009, therefore, Lee County finds itself in somewhat the same situation as a decade ago. While in the intervening years the county established zoning requirements and created an expensive liquor license for adult entertainment establishments, it does not have an adult use ordinance in place.

Therefore, it would be unable to regulate any additional adult entertainment establishments that might choose to open in unincorporated regions of the county.

The Lee County Board appears to be on the verge of rectifying this omission.

Since the summer, county board members have been considering passage of a 16-page adult use ordinance – the same ordinance that the board repealed 2 years ago. State’s Attorney Henry Dixon is recommending passage, after discussions with Lee County Sheriff John Varga, County Board Chairman Jim Seeberg, and several board members who believe that the former ordinance would provide adequate controls for the county.

The collective concern is that another entrepreneur might attempt to open an adult entertainment establishment near Dixon in an unincorporated area governed by the county. A rumor to that effect is making the rounds, Dixon said.

Without an adult use ordinance in place, the county would not have authority to regulate what happens inside such an establishment.

State’s Attorney Dixon believes the county board will vote on the measure at its November meeting. He supports passage so that the county has oversight authority over any new establishments.

“I personally think it’s a really good idea,” he said in an interview with SVN.

“There’s nothing wrong with county government having some control over that type of activity.”

We agree.

The days of attempting to prevent adult entertainment establishments from opening at all in the county are over, but that doesn’t mean the county should not regulate the locations of and activities at any new establishments.

Board members should make it a priority to study this ordinance, get their questions answered, bring it up for a vote, and get it on the books as soon as possible.

A check with Whiteside County Clerk Dana Nelson shows that her county apparently does not have a free-standing adult use ordinance, either. Liquor license holders are restricted regarding adult entertainment, and adult entertainment establishments must be in I-1 industrial zoned areas. However, the county apparently does not have an ordinance in place where it could license and otherwise regulate such a place.

We urge other counties and municipalities to check their codes to make sure they are sufficiently protected.

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