§ 127.01  DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   "ADULT ARCADE."  An establishment to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting "specified sexual activities" or "specified anatomical areas."
   "ADULT BOOK STORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE."  An establishment which has as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising for the sale or rental, for any form of consideration, of any one or more of the following:
      (1)   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations, which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas;"
      (2)   Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.
   "ADULT ENTERTAINMENT CABARET."  A public or private establishment which: features topless dancers, strippers, nude or partially nude dancers or entertainers, "go-go" dancers, male or female impersonators, lingerie or bathing suit fashion shows, or similar entertainers; not infrequently features entertainers who display "specified anatomical areas"; or 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 features entertainers who engage in or are engaged in explicit simulation of "specified sexual activities."
   "ADULT MINI THEATER."  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 MOTION PICTURE THEATER."  An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting motion pictures 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.
   "BODY SHOP OR MODEL STUDIO."  Any public or private establishment which describes itself as a body shop or model studio, or where for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying the consideration or gratuity, or where for any form of consideration or gratuity, nude and semi-nude dancing, readings, counseling sessions, body-painting, and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or specified anatomical areas are provided for observation by or communication to persons paying such consideration or gratuity. However, such term shall not include a modeling class conducted by 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.
   "MASSAGE."  Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice.
   "MASSAGE ESTABLISHMENT."  Any establishment having a fixed place of business where any person, firm, association, or corporation engages in, or carries on, or permits to be engaged in or carried on any of the activities mentioned in the definition of "MASSAGE"; except where such establishment is owned or operated by a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed cosmetologist,  licensed barber, licensed physician, licensed chiropractor, or licensed massage therapist, or employs a licensed physician, licensed chiropractor, licensed physical therapist or licensed massage therapist who is the one who performs the activities mentioned in the definition of "MASSAGE."
   "SPECIFIED ANATOMICAL AREAS."  Any of the following conditions.
      (1)   Less than completely and opaquely covered:
         (a)   Human genitals, pubic region, or pubic hair.
         (b)   Buttock, anus, anal clef.
         (c)   Female breast below a point immediately above the top of the areola.
      (2)   Human male genitals in a discernibly turgid state, even if completely opaquely covered.
   "SPECIFIED CRIMINAL ACTIVITIES."
      (1)   Any of the following offenses:
         (a)   Prostitution or promotion of prostitution;
         (b)   Dissemination of obscenity;
         (c)   Sale, distribution, or display of harmful material to a minor;
         (d)   Sexual performance by a minor or promotion of sexual performance by a minor;
         (e)   Possession or distribution of child pornography;
         (f)   Public lewdness;
         (g)   Public indecency;
         (h)   Indecency with a child:
         (i)   Engaged or engaging in organized criminal activity;
         (j)   Sexual assault;
         (k)   Molestation of a child;
         (l)   Gambling;
         (m)   Distribution of marijuana or any controlled substance; or
         (n)   Any similar offenses to those described above under the criminal or penal code of other states or countries;
      (2)   For which:
         (a)   Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for a conviction, whichever is later, if the conviction is for a misdemeanor offense;
         (b)   Less than five years have elapsed since the date of conviction or the date of release from confinement for a conviction, whichever is later, if the conviction is a felony offense; or
         (c)   Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is later, if the convictions are of two or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any 24-month period.
      (3)   The fact that a conviction is being appealed shall have not effect on the disqualification of the applicant.
   "SPECIFIED SEXUAL ACTIVITIES."  Any of the following conditions.
      (1)   Human genitals in a state of sexual stimulation or arousal.
      (2)   Acts or representations of acts of human masturbation, sexual intercourse, or sodomy, bestiality, oral copulation, or flagellation.
      (3)   Fondling or erotic touching of human genitals, pubic region, buttock, or female breast.
      (4)   Excretory functions as part of or in connection with any activities set forth in divisions (l) through (3) above.
(Ord. 7065, passed 6-28-84; Am. Ord. 8473, passed 3-7-06)