For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOTH. Any area of an adult entertainment establishment set off from the remainder of the establishment by one or more walls or other dividers or partitions and used to show, play or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
ADULT ENTERTAINMENT ESTABLISHMENT. Any of the following commercial establishments, as defined herein:
ADULT CABARET. Any commercial establishment that as a substantial or significant portion of its business regularly features any of the following:
(a) Persons who appear nude or semi-nude;
(b) Live performances that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities; or
(c) Films, motion pictures, video or audio cassettes, slides, computer displays or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
ADULT STORE. Any commercial establishment:
(a) That contains one or more adult booths;
(b) That as a substantial or significant portion of its business offers for sale, rental or viewing any adult materials; or
(c) That has a segment or section devoted to the sale or display of adult materials.
ADULT THEATER. Any commercial establishment that as a substantial or significant portion of its business regularly features for presentation films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
ADULT ESTABLISHMENT EMPLOYEE. Any individual, including entertainers, who work in or at, or render any services directly related to the operation of, an adult entertainment establishment; provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or repairs, to the licensed premises.
ADULT ESTABLISHMENT LICENSE. A license issued for an adult entertainment establishment pursuant to the provisions of this chapter.
ADULT ESTABLISHMENT PATRON. Any individual, other than an adult establishment employee, present in or at any adult entertainment establishment at any time when the adult entertainment establishment is open for business; provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or repairs, to the licensed premises.
ADULT MATERIAL. Any of the following, whether new or used, that are distinguished or characterized by an emphasis on the exposure, depiction or description of specific anatomical areas, or the conduct or simulation of specific sexual activities:
(1) (a) Books, magazines, periodicals or other printed matter, or digitally-stored materials;
(b) Films, motion pictures, video or audio cassettes, slides, computer displays or other visual representations or recordings of any kind; or
(c) Live performances.
(2) Instruments, novelties, devices or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.
CITY ZONING ARTICLE. The part of the city municipal code known and referred to as the “Galesburg Zoning Article,” as it may be amended from time to time. See Chapter 152, Development Ordinance.
COMMERCIAL ESTABLISHMENT. Any place where admission, services, performances or products are provided for or upon payment of any form of consideration.
DAYS. Calendar days, unless otherwise specifically set forth in this chapter.
EFFECTIVE DATE. The effective date of this chapter shall be deemed to be October 30, 1998.
LICENSED PREMISES. The place or location described in an adult establishment license where an adult entertainment establishment is authorized to operate. No sidewalks, streets, parking areas, public rights-of-way or grounds adjacent to the place or location shall be included within the LICENSED PREMISES.
LICENSEE. Any person or entity that has been issued an adult establishment license pursuant to the provisions of this chapter.
NUDE or STATE OF NUDITY. A state of dress or undress that exposes to view:
(1) Less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not exposed; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
REVIEWING DEPARTMENTS. The City Manager, the Fire Department, the Police Department and the Planning Department.
SEMI-NUDE. A state of dress or undress in which clothing covers no more than the human genitals, pubic region, anus, and areola of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves and socks.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(1) Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not exposed; and/or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
SPECIFIED CRIMINAL ACT. Any unlawful lewd, indecent or immoral sexual conduct, including specifically but without limitation any of the lewd, indecent or immoral sexual criminal acts specified in any of the following statutes:
(1) Article II of the Illinois Criminal Code (sex offenses);
(2) Section 26-4 of the Illinois Criminal Code, ILCS Ch. 720, Act 5, § 26-4 (unauthorized videotaping);
(3) Section 12C-30 of the Illinois Criminal Code, ILCS Ch. 720, Act 5, § 12C-30 (contributing to the criminal delinquency of a juvenile);
(4) The Wrongs to Children Act, ILCS Ch. 720, Act 150, §§ 0.01 et seq.;
(5) The Improper Supervision of Children Act, ILCS Ch. 720, Act 640, §§ 0.01 et seq.; and
(6) The Sale of Immoral Publications to Children Act, ILCS Ch. 720, Act 670, §§ 0.01 et seq.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) Actual physical touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Actual physical sex acts, normal or perverted, including intercourse, oral copulation or sodomy;
(3) Actual masturbation;
(4) Human genitals in a state of sexual stimulation, arousal or tumescence; or
(5) Excretory functions as part of or in connection with any of the activities set forth in divisions (1), (2), (3) or (4) of this definition.
STRADDLE DANCE. The use by any person, including specifically but without limitation an adult establishment employee, of any part of his or her or her body to deliberately touch the genitals, pubic region, buttock, anus, or female breast of any adult establishment patron or any other person, or the deliberate touching of the genitals, pubic region, buttock, anus, or female breast of any person by any adult establishment patron. Conduct shall be a STRADDLE DANCE regardless of whether the “touch” or “touching” occurs while the person is displaying or exposing any specified anatomical area. Conduct shall also be a STRADDLE DANCE regardless of whether the touch or touching is direct or through a medium. Conduct commonly referred to by the slang terms LAP DANCE, TABLE DANCE and FACE DANCE shall be included within this definition of STRADDLE DANCE.
(1990 Code, § 14-203) (Ord. 98-1860, passed 10-30-1998; Ord. 2002-2060, passed 8-5-2002) Penalty, see § 114.99