For the purpose of this chapter, the following definitions shall apply.
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 ESTABLISH- MENT. Any of the following commercial establishments, as defined herein.
(1) 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 semi-nude; or
(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.
(2) ADULT STORE. Any commercial establishment that:
(a) Contains one or more adult booths;
(b) As a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or
(c) Has a segment or section devoted to the sale or display of adult materials.
(3) 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 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.
(4) SUBSTANTIAL OR SIGNIFICANT PORTION OF ITS BUSINESS. For purposes of the definitions in the subsections (1), (2), and (3) of this definition, the phrase SUBSTANTIAL OR SIGNIFICANT PORTION OF ITS BUSINESS shall be deemed to apply to any commercial establishment that satisfies one or more of the following criteria:
(a) Gross sales. 30% or more of the retail dollar value of the commercial establishment’s annual gross sales derives from the sale, rental, or viewing of adult materials;
(b) Floor area. 30% or more of the floor area of the commercial establishment is devoted to the display, viewing, or presentation of adult materials, not including storerooms, stock areas, bathrooms, basements, or any other portion of the commercial establishment not open to the public;
(c) Merchandise displayed. 30% or more of the retail dollar value of all merchandise displayed at any one time is attributable to adult materials;
(d) Inventory. 30% or more of all inventory of the commercial establishment (whether measured by retail dollar value or number of items) consists at any one time of adult materials;
(e) Stock in trade. 30% or more of the stock in trade at the commercial establishment consists at any one time of adult materials; or
(f) Live performances. Live performances by persons appearing semi-nude, or live performances that are otherwise 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, and that are taking place 30% or more of the time during which the commercial establishment is open for business.
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:
(1) Any of the following, whether new or used, 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:
(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.
ADULT USE COMMISSION. A commission appointed by the Adult Use Commissioner pursuant to § 113.04.
ADULT USE COMMISSIONER. The Chair of the County Board of this county, pursuant to § 113.04.
COMMERCIAL ESTABLISHMENT. Any place where admission, services, performances, or products are provided for or upon payment of any form of consideration.
COUNTY UNIFIED DEVELOPMENT ORDINANCE. The ordinance known and referred to as the Unified Development Ordinance of Lake County, as it may be amended from time to time, codified as Chapter 151.
DAYS. Calendar days, unless otherwise specifically set forth in this chapter.
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 any such 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. Lake County Sheriff’s Office, the Lake County Health Department and Community Health Center, and the Lake County Department of Planning, Building and Development.
SEMI-NUDE. A state of dress or undress in which clothing covers no more than the genitals, pubic region, and areolas 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 areolas, 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.
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, 720 ILCS 5/26-4 (unauthorized videotaping);
(3) Section 33D-1 of the Illinois Criminal Code, 720 ILCS 5/33D-1 (contributing to the criminal delinquency of a juvenile);
(4) The Obscene Phone Call Act, 720 ILCS 135/0.01 et seq.;
(5) The Wrongs to Children Act, 720 ILCS 150/0.01 et seq.;
(6) The Improper Supervision of Children Act, 720 ILCS 640/0.01 et seq.; and
(7) The Sale of Immoral Publications to Children Act, 720 ILCS 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 sexual 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; and
(5) Excretory functions as part of or in connection with any of the activities set forth in subsections (1), (2), (3), or (4) of this definition.
STRADDLE DANCE.
(1) The use by any person, including specifically but without limitation an adult establishment employee, or any part of his 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.
(2) 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.
(1977 Code, § 6:1-15) (Ord. 6:1-15, passed 10-9-2001)
Editor’s note:
720 ILCS 135 was repealed by P.A. 97-1108