For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BUSINESS. Any establishment having as a substantial or significant portion of its stock in trade or business activity in a use such as, but not limited to, the following: adults-only bookstores, adults-only motion picture theaters, adult entertainment centers, massage parlors, rap parlors, adults-only saunas, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ADULT ENTERTAINMENT BUSINESS. Synonymous with ADULT BUSINESS, as defined herein.
ADULT ENTERTAINMENT CENTER. An enclosed building or part of an enclosed building which contains one or more coin-operated mechanisms which when activated permit a customer to view a live person nude or in such attire, costume or clothing as to expose to view the human male or female genitalia; pubic hair; buttocks; perineum; anal or pubic regions; or female breast, at or below the areola thereof. In addition, the viewing of a live person, in the above-described manner, after paying of any admission or fee for the viewing of same activity.
ADULTS-ONLY. Any items or activities emphasizing, depicting, describing or relating to nudity, explicit sexual conduct (whether auto-erotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity.
ADULTS-ONLY BOOKSTORE. An adults-only establishment having as a substantial or significant portion of its stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or other coin-operated means, and other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to nudity, explicit sexual conduct (whether auto-erotic, heterosexual, homosexual or otherwise), bestiality, sadomasochistic activity. An establishment, having adults-only items as a substantial or significant portion of its stock, that sells or displays adults-only items for sale to patrons therein.
ADULTS-ONLY CABARET. An establishment or place primarily in the business of featuring topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ADULTS-ONLY MOTION PICTURE THEATER. An enclosed building used regularly and routinely for presenting adults-only material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity, explicit sexual conduct (whether auto-erotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity, for observation by patrons therein.
BOOTH. Any enclosure that is specifically offered to patrons of an adult business for the private viewing of any adults-only item or movie. Said definition does not include enclosures that are used as private offices by any operator, employee or agent for attending to the tasks of their employment and are not offered for use by the public.
CUBICLE. Synonymous with BOOTH, as defined herein.
DOOR. Full, complete, nontransparent closure device that obscures the view or activity taking place within the enclosure.
LIVE ADULT ENTERTAINMENT. Live, in person performances by individuals.
MASSAGE PARLOR. An establishment or place primarily in the business of providing massage services, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encourage or tolerated.
NUDITY. The display of the human male or female genitalia; pubic hair; buttocks; perineum, anal or pubic regions; female breast, at or below the areola thereof, with no covering or with a less than fully opaque covering; or, male genitalia, in a discernible turgid state, with or without covering.
OBSCENE. Any material or performance is obscene if:
(1) The average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest;
(2) The average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and
(3) Taken as a whole, it lacks serious literary, artistic, political or scientific value.
(720 ILCS 5/11-20)
OPERATOR. Any person, (whether said person be an individual, partner, corporation, joint stock company, fiduciary, officer, director, stockholder, employee, or manager), that conducts, maintains or owns any adult business.
PATRON. Any customer, patron or visitor to an adult business who is not employed by any operator of said establishment.
RAP PARLOR. An establishment or place primarily in the business of providing nonprofessional conversation or similar services for adults, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ROOM. Synonymous with BOOTH, as defined herein.
SADOMASOCHISTIC ACTIVITY. Flagellation or torture by or upon a nude person; a person clad in undergarments, a mask or bizarre costume. In addition, the condition of being fettered, bound or otherwise physically restrained with the intent to stimulate or arouse sexually the initiator and/or the recipient.
SAUNA. An establishment or place primarily in the business of providing a steam bath and/or massage services, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
SELL. Includes, to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell.
SEXUAL CONDUCT. Ultimate sex acts (whether auto-erotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity. In addition, physical contact, intended to stimulate or arouse sexually the initiator and/or the recipient, with a person’s unclothed genitalia, buttocks, perineum, anal or pubic regions, or female breast.
UNDERAGE. Any person under 18 years of age, the legally minimum age at which one can purchase or view adults-only items.
(720 ILCS 5/11-20)
WALL SIGN. Any flat sign which is placed against a building or other structure and attached thereto in such manner that only one side is visible.
(Ord. 0-2005.1, passed 5-10-2005)
(A) No adult business may operate within the county without first having obtained a permit. A permit must be acquired for each adult business. It shall likewise be unlawful for any such business to sell or offer for sale any adults-only items in violation of the terms and conditions of such permit.
(B) A permit issued by the county is required for and with respect to any building location and premises, within the county, at or upon which an adult business is to be operated.
(C) No permit shall be held in existence by the mere payment of fees.
(Ord. 0-2005.1, passed 5-10-2005) Penalty, see § 112.99
(A) The use of property for an adult business can have potentially harmful secondary effects on the surrounding areas, and may have a deleterious effect upon the use and enjoyment of adjoining properties.
(B) Such secondary effects can include, but not be limited to, a tendency to attract an undesirable quantity and quality of transients, to affect property values adversely, to cause an increase in crime, especially prostitution, to contribute to the blighting or down-grading of the surrounding neighborhood/ area, and to encourage residents and businesses to move elsewhere.
(C) As such, all adult businesses must comply with the following location restrictions:
(1) No adult business shall be located within 1,000 feet (excluding streets, alleys and public ways) of another adult business. The distance shall be measured from property line to property line.
(2) No adult business shall be located within 1,000 feet of any residential zone, single- or multiple-family dwelling, church, school, licensed day care facility or park. The distance shall be measured from the building or structure itself within which the business is located.
(Ord. 0-2005.1, passed 5-10-2005) Penalty, see § 112.99
The operator of any adult business shall neither participate in nor suffer or permit any of the following prohibited acts to occur on the premises:
(A) Sexual conduct, including but not limited to any demonstration, dance, performance or exhibition on the licensed premises by any employee, agent, entertainer or patron, where said person engages in any of the following conduct:
(1) Exposure of the genitalia, pubic hair, perineum, anal or pubic region;
(2) Exposure of any device, costume or covering which gives the appearance of or simulates the genitalia, pubic hair, buttocks, perineum, anal or pubic region;
(3) Performance or simulated performance of ultimate sexual acts or explicit sexual conduct (whether auto-erotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity; or
(4) Fondling of his or her own genitals or the genitalia of another person.
(B) Employment or use of the services of any person in or upon the premises of the adult business while such person is unclothed or in such attire, costume or clothing so as to result in conduct prohibited in division (A) above;
(C) Admission of any underage patron into or upon the premises of the adult business;
(D) Patronage, frequenting or loitering of any underage person in any adult business;
(E) Allowance of any underage person to view, accept or otherwise possess any adults-only item on the licensed premises;
(F) Employment or use of the services of any underage person in or upon the premises of the adult business;
(G) Drunkenness, fighting, unlawful games, riotous or disorderly conduct whatsoever, in any premises kept or occupied as an adult business;
(H) Allowing alcoholic liquor to be brought upon or consumed on the premises; and
(I) Allowing or permitting the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises.
(Ord. 0-2005.1, passed 5-10-2005) Penalty, see § 112.99
(A) No operator, agent or employee shall knowingly sell, deliver or provide, or offer or agree to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene.
(720 ILCS 5/11-20)
(B) No operator, agent or employee shall sell, deliver or provide, or offer or agree to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene after recklessly failing to exercise reasonable inspection, which would have disclosed the nature or content thereof.
(720 ILCS 5/11-20)
(C) No operator, agent or employee shall create, buy, procure or possess obscene matter or material with intent to disseminate it in violation of this chapter or state statute.
(720 ILCS 5/11-20)
(D) No operator, agent or employee shall advertise or otherwise promote the sale of materials represented or held out by him to be obscene, whether or not it is obscene.
(720 ILCS 5/11-20)
(E) No operator, agent or employee shall knowingly sell, deliver or provide, or offer or agree to sell, deliver or provide any child pornography as defined by state statute.
(720 ILCS 5/11-20.1)
(F) No operator, agent or employee shall create, buy, procure or possess any child pornography with intent to disseminate it in violation of this chapter or state statute.
(720 ILCS 5/11-20.1)
(G) No operator, agent or employee shall advertise or otherwise promote the sale of material represented or held out by him or her to be child pornography, whether or not it is child pornography.
(72 0 ILCS 5/11-20.1)
(H) No person, after purchasing or otherwise obtaining an adults-only item shall sell, deliver or allow any underage person to view an adults-only item.
(I) If an operator, agent or employee believes or has reason to believe that a sale, delivery or viewing of any adults-only item is prohibited because the prospective recipient is underage, said operator, agent or employee shall, (before making or allowing such sale, gift, delivery or viewing), demand presentation of some form of positive identification containing proof of age, issued by a public officer in the performance of his or her official duties.
(J) An operator, agent or employee may refuse to sell, deliver or allow any person to view any adults- only item, where said persons is unable to produce adequate written evidence of identity and age by production of a document issued by the federal, state or county government, or subdivision or agent thereof, including but not limited to the following documents:
(1) A motor vehicle operator's license;
(2) A registration certificate issued under the Federal Selective Act; or
(3) An identification card issued to a member of the armed forces.
(K) (1) Proof that the operator, employee or agent demanded, examined and reasonably relied upon such written evidence listed in division (J) above in any transaction forbidden by this chapter is competent evidence that may be offered as an affirmative defense to a violation of this chapter.
(2) In order to reasonably rely upon written evidence regarding a patron’s identity and age, an operator, agent or employee shall use the prudent judgment of a reasonable and informed person, and shall scrutinize said written evidence of age and identity by doing the following:
(a) Determine if the physical description and photograph (if any) on the document presented matches that of the presenting person;
(b) Determine whether the plastic seal on the identification card is intact or broken; and
(c) In the case of a state driver’s license, determine whether the seventh and eighth digits in the driver’s license number (excluding the beginning initial) match the stated date of birth located elsewhere on the driver’s license.
(3) If from the foregoing, a reasonable person would or should doubt the authenticity of the identification care, then the person offering the identification must not be sold, delivered or allowed to view any adults-only items.
(L) No operator, agent or employee shall give away or otherwise make available any adults-only item or viewing of any adults-only item for the purpose of evading any provision of this chapter when the sale or viewing of said adults-only item is prohibited shall constitute unlawful selling.
(M) Offers or agreements to sell, deliver, provide or allow the viewing of any adults-only item at or within any premises when the sale or viewing of said adults-only item is prohibited shall constitute unlawful selling.
(N) The use of any other shift or device to evade any provision of this chapter is prohibited and shall constitute unlawful selling.
(Ord. 0-2005.1, passed 5-10-2005) Penalty, see § 112.99
The unlimited operation of an adult business can, by reason of its intended use, facilitate secondary effects including, but limited to, prostitution, disorderly conduct, performance of sexual acts or conduct in public, traffic congestion and parking problems. Insofar as the city has a substantial government interest in preserving character and preventing deterioration of its neighborhoods and minimizing the disruptive effect of such adult businesses on neighborhoods, the following limitations on operation times have been propounded: live adult entertainment (performances) shall only be allowed during the hours of 9:00 p.m. to 2:00 a.m. the following day. No operator, employee or agent of an adult business shall allow any type of “live adult entertainment” during any other times. The time referred to be either central standard time or central daylight savings time, whichever is in effect at the time in the city of Carlinville, Illinois.
(Ord. 0-2005.1, passed 5-10-2005) Penalty, see § 112.99
(A) The unregulated use of signs can result in secondary effects that create dangers to the public in periods of high winds or inclement weather, defeat the sign’s informational or advertising functions as competitors escalate sign size and expense to attract patrons, reduce the ability of the public to interpret the intended message safely and quickly, and to destroy the aesthetic quality of the community. Insofar as the city has a substantial government interest in these matters, all signs advertising or promoting the sale of adults-only items must meet the following restrictions:
(1) All signs must be flat wall signs.
(2) No merchandise or depictions of adults-only items shall be displayed in window areas or any other area that may be viewed from a public street, alley, public way or sidewalk located in front of the building.
(3) A one square foot sign may be placed on the door to state the hours of operation and adults-only admittance.
(B) No adult entertainment establishment shall be maintained or operated in any manner that causes, creates or allows public viewing of any adult material, or any entertainment depicting, describing or relating to specified sexual activities or specified anatomical areas, from any sidewalks, public or private right-of-way, or any property other than the lot on which the licensed premises is located. No portion of the exterior of an adult entertainment establishment shall utilize or contain any flashing lights, search lights or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner except to the extent specifically allowed in this chapter. This section shall apply to any advertisement, display, promotional material, decoration or sign, to any performance or show, and to any window, door or other opening.
(Ord. 0-2005.1, passed 5-10-2005) Penalty, see § 112.99
(A) All premises operated as an adult business shall be kept in clean and sanitary condition and shall be kept in full compliance with regulations issued by the County Health Department or the Illinois Department of Public Health.
(B) Any adult business shall keep and maintain the premises equipped with running hot and cold water, shall provide separate and adequate toilet facilities for both males and females if they are open to the public, and shall comply with all health, sanitary, zoning and inspection requirements of the County Health Code and the state.
(Ord. 0-2005.1, passed 5-10-2005) Penalty, see § 112.99
(A) Every act or omission of whatsoever nature constituting a violation of any of the provisions of this chapter, by any employee or agent of any operator, shall be deemed and held to be the act of said operator if such act or omission occurs either with the authorization, knowledge, or approval of the operator.
(B) Every act or omission of whatsoever nature constituting a violation of any of the provisions of this chapter by any employee or agent of any operator shall be deemed and held to be the act of said operator if such act or omission occurs as a result of the operator’s negligent failure to supervise the conduct of the employee or agent.
(C) Such an offense shall be punishable in the same manner as if said act or omission had been done or omitted by the operator personally.
(Ord. 0-2005.1, passed 5-10-2005) Penalty, see § 112.99
(A) In the event that an operator, agent or employee of an adult business is guilty of violating any provision of this chapter, said person may be subject to a fine not to exceed $750 per violation.
(B) Any person violating the provisions of this chapter shall be subject to an offense for each and every day on which such violation continues, and each day that the offense continues shall be regarded as constituting a separate offense.
(C) Any prosecution for violation of this chapter does not prohibit the county from pursing injunctive relief or the State’s Attorney’s Office from pursuing criminal charges.
(Ord. 0-2005.1, passed 5-10-2005)