For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Also, the definitions set forth in the Zoning Chapter are made a part hereof.
ADULT ARCADE.
Any place where the public is permitted or invited where coin-operated, slug-operated, or otherwise in exchange for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, any other image-producing devices or sexually explicit media (defined below) are maintained to show images to five or fewer persons per machine at any one time, and where the images displayed are distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE.
(1) A commercial establishment which has at least one business purpose of selling, renting or exchanging the materials listed below, a commercial establishment in which 15% or more of the square footage of the floor space in the public area of the store where merchandise is displayed is used for the sale, rental or exchange of the materials listed below, or 15% or more of the merchandise offered for sale, rental, or exchange, for any form of consideration, includes the materials listed below:
(a) Books, magazines, periodicals or other printed matter or photographs which are characterized by the depiction or description of specified sexual activities or specified anatomical areas as defined below.
(2) A commercial establishment may have other principal business purposes that do not involve offering such material for sale, rental, or exchange, however, the fact that other business purposes exist will not operate as an exemption under this chapter, and the establishment will still be categorized as an ADULT BOOKSTORE if it otherwise meets this definition.
ADULT CABARET.
A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity or semi-nudity; or
(2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities as defined below; or
(3) Sexually explicit media (defined below) which is characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT ENTERTAINER.
Any person who engages in acts, displays, or otherwise performs primarily to arouse sexual senses in connection with a sexually oriented business, including dancing, (hereinafter sometimes referred to only as
ENTERTAINER
).
ADULT MASSAGE.
(1) Any place that offers treatment of the body, including superficial parts of the body, or otherwise offers services, by rubbing, stroking, kneading, tapping, pounding vibrating or stimulating the body with hands or any instrument, or by the application of air, liquid or vapor baths of any kind whatsoever where:
(a) Any employee in the establishment is less than fully dressed or in a state of nudity or semi-nudity; or
(b) The massage is intended to bring about a sensual state or a state of sexual arousal.
(2) Adult massage is prohibited.
ADULT MOTEL.
(1) A hotel, motel or similar commercial establishment which:
(a) Offers accommodations to the public for any form of consideration; provides patrons with sexually explicit media (defined below), including closed-circuit television transmissions and/or photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas (defined below); and has a sign visible from the public right-of-way which advertises the availability of such media, televisions transmissions or photographic reproductions; or
(b) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(c) Allows a tenant or occupant of a sleeping room to sublet the room for a period of time that is less than ten hours.
(2) Adult motels are prohibited.
ADULT MOTION PICTURE THEATER.
A commercial establishment where, in exchange for any form of consideration, sexually explicit media (defined below), including, but not limited to: films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly or frequently shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas (defined below).
ADULT NOVELTY STORE.
A commercial establishment which displays, sells, rents or exchanges, for any form of consideration, instruments, devices, or paraphernalia designed for use in connection with specified sexual activities. For medical purposes, a commercial establishment which sells birth control devices, personal lubricants, and/or rings which fit over male genitalia shall not be defined as an
ADULT NOVELTY STORE
if no other instruments, devices, or paraphernalia designed for use in connection with specified sexual activities are displayed or offered for sale.
ADULT THEATER.
A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities (defined below).
ADULT VIDEO STORE.
(1) A commercial establishment which has at least one business purpose of selling, renting or exchanging the materials listed below, a commercial establishment in which 15% or more of the square footage of the floor space in the public area of the store where merchandise is displayed is used for the sale, rental or exchange of the materials listed below, or 15% or more of the merchandise offered for sale, rental, or exchange, for any form of consideration, includes the materials listed below:
(a) Films, motion pictures, video cassettes, video reproductions, slides, DVDs, digital images or digital sounds, any other form of media containing visual or audio representations, or photographic or other still picture reproductions, or anything else which qualifies as sexually explicit media (defined below), which are characterized by the depiction or description of specified sexual activities or specified anatomical areas (defined below).
(2) A commercial establishment may have other principal business purposes that do not involve offering such material for sale, rental, or exchange, however, the fact the other business purposes exist will not operate as an exemption under this chapter, and the establishment will still be categorized as an
ADULT VIDEO STORE
if it otherwise meets the above definition.
APPLICANT.
The applicant for a license shall be the intended operator of the business.
CONDUCT ANY BUSINESS.
Any person who does any one or more of the following shall be deemed to be conducting business in a sexually oriented business:
(1) Operates a cash register, cash drawer, or other depository on the enterprise premises where cash funds or records or credit card or other credit transactions generated in any manner by the operation of the establishment or the activities conducted therein are kept;
(2) Displays or takes orders from any customer for any merchandise, goods, entertainment, or other services offered on the premises;
(3) Delivers or provides to any customer any merchandise, goods, entertainment, or other services offered on the premises;
(4) Acts as a door attendant to regulate entry of customers or other persons into the premises; or
(5) Supervises or manages other persons in the performance of any of the foregoing activities on the enterprise premises.
CUSTOMER.
Any person who:
(1) Is allowed to enter a licensed business in return for the payment of an admission fee or any other form of consideration or gratuity;
(2) Enters a licensed business and purchases, rents, or otherwise partakes of any merchandise, goods, entertainment, or other services offered therein; or
(3) Is a member of and on the premises of a licensed business operating as a private club.
EMPLOYEE.
Any person who renders any service whatsoever to the customers of a licensed business or who works in or about a licensed business and who receives compensation for such service or work from the operator or owner of the licensed business or from the customers therein.
ENTERTAINER.
See
ADULT ENTERTAINER
above.
ESCORT.
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees, offers or advertises to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY.
(1) A person or business association who furnishes, agrees, offers or advertises to furnish an escort for a fee, tip, or the exchange of other consideration as at least one of its business purposes.
(2) A commercial establishment may have other business purposes that do not involve agreeing, offering or advertising to furnish an escort as provided above, however, the fact the other business purposes exist will not operate as an exemption under this chapter, and the establishment will still be categorized as an ESCORT AGENCY if at least one of its business purposes is also to agree, offer or advertise the furnishing of an escort in exchange for any form of consideration.
LICENSED BUSINESS.
Any sexually oriented business licensed under this chapter.
NUDE MODEL STUDIO.
Any place where a person appears semi-nude, in a state of nudity, or displays specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons in exchange for money or any other form of consideration. NUDE MODEL STUDIO shall not include a proprietary school licensed by the State of Illinois or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
(1) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and
(2) Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(3) Where no more than one nude or semi-nude model is on the premises at any one time.
NUDITY or STATE OF NUDITY.
Exposure of any of the following parts of the human body to any person: male or female genital hair, buttocks, anus or anal cleavage, female breasts below the top of the areola or the employment of any device or covering which is intended to give the impression of, or stimulate, such parts of the male or female anatomy.
OPERATOR.
The manager or other natural person principally in charge of a licensed business.
OWNER.
The proprietor if a sole proprietorship, all partners (general and limited) if a partnership, or all officers, directors, and persons holding 10% or more of the outstanding shares if a corporation.
SEMI-NUDE or SEMI-NUDE CONDITION.
The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
SENSITIVE USES.
Other sexually oriented businesses, residences or residentially zoned districts, religious institutions, schools, day care or child care businesses, cemeteries, public parks and recreation areas.
SEXUAL CONTACT, SEXUAL CONDUCT
or
SPECIFIED SEXUAL ACTIVITIES.
(1) Any conduct by a person intended to induce another person to, or to engage in, any act of sexual contact, including sexual intercourse, oral or anal intercourse, or masturbation; or
(2) The touching of the female breasts, male or female genitals, anus, or anal cleavage, by any person, whether male or female.
SEXUAL ENCOUNTER CENTER.
A business or commercial enterprise that has at least one principal business purpose of offering any of the following in exchange for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
SEXUALLY EXPLICIT MEDIA.
Any film, motion picture, video cassette, video reproduction, slide, DVD, digital image, digital sound, any other means to view or listen to live or previously recorded images or sounds, any means by which live images or sounds may be presently recorded, or any other photographic or still picture reproductions which depict or describe specified sexual activities or specified anatomical areas.
SEXUALLY ORIENTED BUSINESS
or
ADULT ORIENTED BUSINESS.
Any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purpose of viewing sexually oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron, or a member.
SEXUALLY ORIENTED BUSINESS
further includes, adult arcades, adult bookstores, adult cabarets, adult entertainers, adult entertainment studios, escorts, escort agencies, adult massage, adult motels, adult motion picture theaters, adult mini-motion picture establishments, adult novelty stores, nude modeling studios, sexual encounter centers, adult video stores, underwear modeling, or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, sensitivity studio, encounter studio, or modeling studio, or any business which defines itself in its name or in its advertising by using the letters "XXX," or the words "Adult", "Sex", or "Erotic," or any variations thereof or other terms or symbols of like import which are consistent with this context of this chapter.
SPECIFIED ANATOMICAL AREA.
(1) The human male genitals in a noticeably distended state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES.
See
SEXUAL CONTACT, SEXUAL CONDUCT
or
SPECIFIED SEXUAL ACTIVITIES
above.
STATE OF NUDITY.
See
NUDITY
or
STATE OF NUDITY
above.
UNDERWEAR.
Any article or item of clothing designed to be worn by a male or female as an undergarment, including, but not limited to, lingerie, underpants, teddies, g-strings, panties, brassieres, bustiers, bikinis and swim wear.
UNDERWEAR MODELING.
To model underwear in any business establishment, or to own or operate a corporation, partnership, joint venture or other type of business entity where underwear is modeled or worn without any covering by exterior clothing, except that, for the purposes of this chapter,
UNDERWEAR MODELING
shall not include clothing stores, boutiques, department stores and other similar establishments whose primary purpose is the wholesale or retail sale of clothing apparel.
(Ord. 505, passed 2-6-89; Am. Ord. 1570, passed 1-19-09)