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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE. An establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin operated means, and 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 materials; 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, exclusion of minors from the establishment’s premises, or any other factors showing the establishment’s primary purpose is to purvey such material.
ADULT CLUB. A public or private establishment, a primary purpose of which is to provide members or guests with a venue to perform “specified sexual activities” with other members or guests.
ADULT ENTERTAINMENT CABARET. A public or private establishment which: features topless dancers, strippers, “go-go” dancers, male or female impersonators, lingerie or bathing suit fashion shows; 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 ENTERTAINMENT FACILITY. As defined by 65 ILCS 5/11-5-1.5, a striptease club or a pornographic movie theatre whose business is the commercial sale, dissemination, or distribution of sexually explicit material, shows, or other exhibitions or an adult book store or adult video store whose primary business is the commercial sale, dissemination, or distribution of sexually explicit material, shows, or other exhibitions.
ADULT MOTION PICTURE THEATER. A building or area used for presenting materials 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 NOVELTY STORE. An establishment having a substantial or significant portion of its sales or stock in trade consisting of toys, devices, clothing, novelties, lotion, and other items distinguished or characterized by their emphasis on or use for “specialized sexual activities” or “specified anatomical areas” or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment’s premises, or any other factors showing the establishment’s primary purpose is to purvey such material.
ADULT USE. Adult bookstores, adult motion picture theaters, adult entertainment cabarets, adult entertainment facilities, adult novelty stores, adult clubs, and other similar uses of property within the village.
SPECIFIED ANATOMICAL AREAS. Includes:
(1) Less than completely and opaquely covered: human genitals; pubic region; buttock; and female breasts below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Includes:
(1) Human genitals in the state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy; and
(3) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts; and excretory functions as part of or in connection with any of the foregoing activities.
(Ord. 07-03, passed 5-15-2007)
No liquor license shall be issued and no liquor shall be sold or consumed on the premises of any adult use.
(Ord. 07-03, passed 5-15-2007) Penalty, see § 11-8-99
Adult uses are permitted only in areas zoned “C”, but subject to the following additional restrictions.
(A) No structure containing an adult use, and no sign advertising its location or existence, shall be located within 500 feet of the property line of any property which is zoned residential or used for residences, churches, schools, parks, or another adult use.
(B) In accordance with 65 ILCS 5/11-5-1.5, no adult entertainment facility shall be located within 1,000 feet of the property boundaries of any school, day care center, cemetery, public park, forest preserve, public housing, and place of religious worship.
(C) No adult use shall be located in a building in which there is an establishment selling alcoholic liquors.
(Ord. 07-03, passed 5-15-2007)
(A) No person shall operate an adult use unless specifically permitted pursuant to this section.
(B) Permits for constructing or occupying an adult use shall be issued only after the following review process. The applicant shall apply to the Zoning Administrator for the permit; the application shall be accompanied by a nonrefundable $350 application fee. The application shall be on a form substantially in the form attached to the ordinance codified herein as Appendix A.
(C) The Zoning Administrator shall provide a copy of the application to the Chief of Police, and shall process the portion of the application marked “For Zoning Administrator’s Review” and shall forward the application to the Zoning Board of Appeals for review. Within 60 days of filing, the Zoning Board of Appeals shall conduct a review of the application for conformance with the zoning, subdivision, and adult use chapters of the village’s Code of Ordinances. The Zoning Board of Appeals shall render a recommendation to the Village Board as to whether the proposed adult use conforms with all village ordinances, and may recommend conditions on the development and operation of the adult use related to site plan, floor plan, construction materials, lighting, parking and circulation, ingress and egress, landscaping and screening, and signage in order to assure that the design and operation of the adult use is in conformance with all village ordinances and is compatible with surrounding uses.
(D) The Chief of Police shall run a criminal background check on all persons disclosed by the application to have a 5% or greater ownership interest in the permit application, in order to verify that no such persons have been convicted of the crimes of prostitution, obscenity, or other crimes of a sexual nature. The Chief of Police shall report his or her findings to the Village Board. No permit shall be issued to a person who has been convicted of any felony or misdemeanor involving prostitution, obscenity, or other offense of a sexual nature, or to a business entity, any manager, or owner of 5% or more of the interest of which has been convicted of such a crime.
(E) Within 30 days of receipt of the Zoning Board of Appeals’s recommendation, the Village Board shall, by resolution, duly made, seconded, passed, and signed by the Village President, grant or deny the permit. The Village Board’s action shall specify the location, by legal description and common address, of the adult use, and shall specify the nature of the adult use permitted. The Village Board may place conditions on the adult use. The Village Board’s determination is a final agency action subject to administrative review.
(F) Permit renewal regulations are as follows.
(1) Except as set forth in division (F)(2) below, a permit granted pursuant to this title is valid until December 31 of the year in which it is granted. During the month of December of each year, each licensee shall apply for a permit renewal, using the permit renewal application set forth as Appendix B of the ordinance codified herein. A renewal permit, when granted, shall be valid until December 31 of the following year. The annual permit renewal fee shall be $50.
(2) Upon any change in ownership of greater than 5% of a corporate or LLC licensee, the licensee shall apply for a permit renewal, using application set forth in Appendix B of the ordinance codified herein. The renewal permit shall be valid until December 31 of the year in which it was issued.
(3) The Chief of Police shall run a criminal background check on all persons disclosed by a renewal application under either divisions (F)(1) or (F)(2) above to have a 5% or greater ownership interest in the applicant, in order to verify that no such persons have been convicted of the crimes of prostitution, obscenity, or other crimes of a sexual nature. The Chief of Police shall report his or her findings to the Village President. Renewal permits shall be granted by the Village President unless the Village President finds that the applicant is in violation of this chapter or any other provision of the village’s code of ordinances, or of the conditions of the original permit. Any denial of a renewal permit application is subject to administrative review.
(Ord. 07-03, passed 5-15-2007)
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.
(Ord. 07-03, passed 5-15-2007)
(A) No natural person, and no legal person such as a corporation, limited liability company, or other business entity, shall own, manage, or operate an adult use within the corporate limits of the village without a permit from the village obtained in accordance with this chapter.
(B) No natural person, and no legal person such as a corporation, limited liability company, or other business entity, shall provide false information on an application for an adult use permit.
(C) No natural person, and no legal person such as a corporation, limited liability company, or other business entity, shall own, manage, or operate an adult use within the corporate limits of the village except in conformance with this chapter.
(Ord. 07-03, passed 5-15-2007)
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