16-16-010 Title designated.
16-16-020 Intent and purpose.
16-16-030 Definitions.
16-16-040 Regulated uses.
16-16-050 Permitted uses.
16-16-060 Registration.
16-16-070 Registration and certification.
16-16-080 Form must be displayed.
16-16-090 Exterior display.
16-16-100 Severability.
16-16-110 Consumption of alcoholic liquor prohibited.
16-16-120 Consumer protection – Price list.
16-16-130 Violation – Penalty.
Pursuant to the provisions of the Constitution of the State of Illinois of 1970, the Municipal Code of the City of Chicago is hereby amended by adding a new chapter thereto to be numbered Chapter 16-16 and known as the Chicago Adult Use Ordinance, as follows.
(Prior code § 194C-1; Amend Coun. J. 7-29-87, p. 3030)
To regulate uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.
(Prior code § 194C-2; Amend Coun. J. 7-29-87, p. 3030)
"Adult bookstore" means an establishment having as a substantial or significant portion of its sales or 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 with a segment or section devoted to the sale or display of such material, 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 motion picture theater" means an enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", for observation by patrons therein.
"Adult mini motion picture theater" means an enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", for observation by patrons therein.
"Adult entertainment cabaret" means a public or private establishment which: (i) features topless dancers or strippers; (ii) not infrequently, features entertainers who display "specified anatomical areas"; or (iii) features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron or entertainers who engage in, or engage in explicit simulation of, "specified sexual activities."
"Specified sexual activities" means and is defined as:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
"Specified anatomical areas" means and is defined as:
1. Less than completely and opaquely covered: (a) human genitals, pubic region, (b) buttock and (c) female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernably turgid state, even if completely and opaquely covered.
(Prior code § 194C-3; Amend Coun. J. 7-29-87, p. 3030; Amend Coun. J. 2-10-93, p. 28689; Amend Coun. J. 5-6-15, p. 109069, § 1)
Adult uses shall be permitted subject to zoning restrictions as provided in Title 17.
(Prior code § 194C-4.1; Amend Coun. J. 7-29-87, p. 3030)
The owner of a building or premises, his agent for the purpose of managing, controlling or collecting rents, or any other person managing or controlling a building or premises, any part of which contains an adult use shall register with the department of business affairs and consumer protection of the City of Chicago the following information:
a. The address of the premises;
b. The name of the owner of the premises and names of the beneficial owners if the property is in a land trust;
c. The address of the owner and the beneficial owners;
d. The name of the business or the establishment subject to the provisions of Section 16-16-040;
e. The name(s) of the owner, beneficial owner or the major stockholders of the business or the establishment subject to the provisions of Section 16-16-040;
f. The address of those persons named in paragraph e;
g. The date of initiation of the adult use;
h. The nature of the adult use;
i. If the premises or building is leased, a copy of the said lease must be attached.
(Prior code § 194C-5; Amend Coun. J. 7-29-87, p. 3030; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)
It is unlawful for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate an adult use without first having properly registered and received certification of approved registration.
(Prior code § 194C-5.1; Amend Coun. J. 7-29-87, p. 3030)
The owner, manager or agent of a registered adult use shall display a copy of the registration form approved by the department of business affairs and consumer protection in a conspicuous place on the premises.
(Prior code § 194C-5.2; Amend Coun. J. 7-29-87, p. 3030; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.
(Prior code § 194C-6; Amend Coun. J. 7-29-87, p. 3030)
If any provision of this chapter or the application of any provision to any item in this chapter, is held invalid, the invalidity of that provision or application shall not affect any of the other provisions or the application of those provisions to other items in this chapter.
(Prior code § 194C-6.1; Amend Coun. J. 7-29-87, p. 3030)
All adult entertainment cabarets shall display at the bar and at each table, counter or other area or place where any food, beverages, goods, wares, merchandise or service is sold, served or provided, a complete list of all prices, fees and charges for all food, beverages, goods, wares and merchandise sold or services rendered. These lists shall be written in clearly visible letters and figures of a size not less than 14-point type.
(Prior code § 194C-7; Amend Coun. J. 7-29-87, p. 3030)
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