The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, unless otherwise provided for:
ADULT USES: The following words, terms and phrases shall be considered an "adult use":
Adult Bookstore: A public or private establishment which has a substantial or significant portion of its stock in trade books, magazines, films for sale or viewing on premises by use of motion picture devices or any other coin operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities", or "specified anatomical areas", or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, the exclusion of minors from the establishment's premises, or any other factors showing that the establishment's primary purpose is to purvey such material.
Adult Entertainment Cabaret: A public or private establishment or facility which features: a) topless dancers, strippers, erotic male/female dancers; b) entertainers, employees or patrons which display "specified anatomical areas"; c) employees who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the sexual interest of the patron; or d) employees who knowingly and intentionally touch a patron or the patron's clothing in the "specified anatomical areas" or while involved in any "specified sexual activity" within the adult use premises.
Adult Entertainment Facility: A public or private striptease club facility or establishment, or pornographic movie theater which offers to its patrons the dissemination, or distribution of sexually explicit material, live shows, or other form of exhibitions, or an adult bookstore or adult video store whose primary business is the commercial sale, dissemination, or distribution of sexually explicit material, shows, videos, or other live or taped exhibitions.
Adult Theater: An enclosed building routinely used for presenting material by motion picture or video, and having as a dominant theme material distinguished or characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas", for observation by patrons, employees or members therein.
EMPLOYEE: Any person who performs any service on the premises of an adult use establishment on a full time, part time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, lessee, or otherwise.
PATRON: A person who enters into a business or establishment, either by paying some form of monetary compensation or a membership fee, as a customer or private member, for the purpose of receiving services provided by a business or establishment located upon such premises.
SPECIFIED ANATOMICAL AREAS: Any of the following areas:
A. Human genitals, pubic region, or pubic hair, unless completely covered with nontransparent material or cloth;
B. Buttock or anus, unless covered at minimum by a g-string bikini bottom; or
C. Female breast, unless the areola is completely covered with nontransparent material no less than three inches (3") in diameter (normally referred to as a "pastie").
D. Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED CRIMINAL ACTIVITY: Prostitution or promotion of prostitution, dissemination of obscenity, sale, distribution or display of harmful material to a minor, sexual performance by a minor, possession or distribution of child pornography, public lewdness, indecent exposure, indecency with a child, engaged in organized criminal activity, sexual assault, molestation of a child, gambling, or distribution of a controlled substance, or any offense under the criminal offense section of the Illinois Compiled Statutes.
SPECIFIED SEXUAL ACTIVITIES: Any of the following:
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse, sodomy, bestiality, oral copulation or flagellation;
C. Fondling or other sexual or erotic touching of human genitals, pubic region, anus, buttock or female breast;
D. Excretory functions as part of or in connection with any activities set forth in subsequent subsections A through C of this definition. (Ord. 98-41; Ord. 2014-49)