For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All words and phrases used in this chapter which are not defined herein shall have the meaning ascribed to such words and phrases in common usage.
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 cabarets or 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 CABARETS. 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 patron 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, non-transparent closure device that obscures the view or activity taking place within the enclosure.
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 encouraged 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 persons 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 non-professional 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.
(1993 Code, § 76.01) (Ord. 99-03, passed 2-17-1999)