§ 34-1312. Nightclub security.

(a)

Security/law enforcement presence. Nightclubs shall be required to comply with the security/law enforcement presence as follows:

(1)

All nightclubs located in the village shall provide interior and exterior security personnel of a number equaling one security officer per each occupancy level of 150 occupants or any portion thereof or as determined by the chief of police or his or her designee, with cause. For example, if the occupancy level of an establishment is 500, a total of four interior and exterior security personnel are required. If the occupancy level is 150, a total of one interior and exterior security personnel is required. Each security officer shall wear proper identification in the form of a uniform or shirt clearly identifying the security officer as "SECURITY."

(2)

Additionally, the business owner shall, at his/her expense, provide the required minimum number of off-duty law enforcement officers, as determined by the chief of police or his or her designee and in accordance with 46-4 of this Code related to the use of off-duty village law enforcement officers. The chief of police or his or her designee may periodically review and adjust his/her determination as to the required staffing of off-duty law enforcement officers, based on the availability of off-duty law enforcement officers and current security conditions at the nightclub and within its vicinity. Such officers shall commence service at 9:00 p.m. or as designated by the chief of police each evening the nightclub is open to the public later than 9:00 p.m. and ending one-half hour after closing of said nightclub or as designated by the chief of police or his or her designee.

(3)

Failure of the business owner to pay the village for the off-duty law enforcement officer(s) as required in this section shall be considered the same as cancellation. Remaining open after cancellation of off-duty law enforcement officer(s) will result in enforcement action as outlined in this section.

(b)

Mandatory identification requirement. Nightclubs shall be required to demand identification cards for all patrons who wish to enter said establishment.

(1)

Reasonable efforts shall be made by nightclub staff to obtain and review proper identification cards from every patron prior to allowing admittance to the nightclub. These efforts can be supported by the off-duty law enforcement officer who is assigned to the nightclub.

(2)

For purposes of this section, "identification cards" are defined as official federal, state or local government issued identification cards which include a photo (e.g., passport, state ID or driver's license). This includes an identification card issued by a foreign federal, state or local government provided that the foreign identification card contains an official hologram and photo.

(c)

Enforcement and penalties. It shall be unlawful for any person to violate any of the provisions of this section. Violations of this section shall be enforced in accordance with chapter 2, Code enforcement procedures, by the issuance of a code enforcement citation or notice of violation to the owner of the physical location or premises and/or promoter. If a citation is issued, the fine shall be $200.00 for the first violation and $500.00 for any repeat violation unless otherwise set by resolution or the special magistrate. Each day of violation shall be considered a separate offense. Further, any violation of the provisions of this section may be prosecuted by the village in county court as a misdemeanor of the second degree and punished by a fine of not more than $500.00 and/or imprisonment in the county jail for not more than 60 days. The village shall also be entitled to take any other appropriate legal action, including, but not limited to, cease and desist orders, other administrative action and requests for temporary and permanent injunctions to enforce the provisions of this section. It is the purpose of this subsection to provide additional cumulative remedies to the village to enforce this section.

(d)

Police supervision limitation. The presence of any law enforcement officer at any nightclub does not relieve the business owner thereof, or any of his or her staff, from the responsibility of adhering to the provisions of this section or for violations of any law or ordinance or from the responsibility of maintaining decency and order in said nightclub.

(e)

Right of entry for purpose of inspection. All law enforcement officers and any village code inspection office shall have free access to nightclubs when open for business for the purposes of inspection and to enforce compliance with the provisions of this section.

(f)

Limitation of liability. The village shall not be under any obligation or duty to any person hereunder by reason of this section. The village specifically disclaims liability for any damages which may be caused by failure to provide security and/or law enforcement.

(Ord. No. 2010-05, § 15, 4-8-2010)