(A) Purpose. In the development and execution of these sections regulating the location of adult business uses, based upon experiences and studies prepared in various communities, it is recognized that adult business uses, by virtue of their nature, have serious objectionable operational characteristics which can have a deleterious effect upon areas adjacent to them. 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 purpose of these regulations is to control the concentration or location of these uses to the fullest extent allowable by law, in order to eliminate such adverse effects. It is not the intent of these sections to deny adults access to sexually oriented materials and services or the providers of such materials and services their market in a manner that is inconsistent with the law.
(B) Restrictions on the location of adult business uses.
(1) No adult business use shall be maintained:
(a) Within 1,000 feet of the property line of another adult business use;
(b) Within 1,000 feet of any of the residential or agricultural zoning districts as provided for under this chapter; or
(c) Within 1,000 feet of a single-family dwelling, church or other place of worship, child care center, nursing home, independent or assisted living care facility, school, library, park, forest preserve, open space, or other publicly operated recreational facility.
(2) The distances provided for in this section shall be measured by following a straight line, without regard to intervening structures, from a point on the property or the land use district boundary line from which the proposed use is to be separated.
(C) Restrictions on operation.
(1) No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to “specified anatomical area” or “specified sexual activities” from any public way. This shall apply to any display, decoration, sign, show window or other opening. No person shall operate or cause to be operated an adult use within any premises wherein alcoholic beverages are served, sold or consumed.
(2) No person under the age of 21 shall be allowed on the premises.
(3) All VIEWING AREAS, which shall be defined as the area where a patron or customer would ordinarily be positioned while watching a film or viewing device, shall be visible from a continuous main aisle or public room and shall not be obscured by any curtain, door, wall or other enclosure.
(4) There shall be no aperture whatsoever in any wall or partition between viewing areas.
(5) Each viewing area shall be lighted at a minimum level of 10 foot-candles in all parts thereof.
(6) Within an establishment selling or renting books, magazines, or films to the general public, a non-substantial section may display, rent or offer for sale items distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” with the following restrictions:
(a) The area shall be set aside, blocked off or of limited access to adults only, with clearly marked signs indicating that this area contains adult-only items;
(b) The area shall be arranged in such manner that the display is not visible to the general public; and
(c) There shall be suitable measures installed to ensure that adults only have access.
(7) Except in connection with the service of beverages or receiving payment for such beverages, no establishment shall allow an employee to have physical contact with a patron or allow an employee’s person to be within 10 feet of any patron.
(Ord. 2015-08, § 9.04, passed 6-23-2015)