For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AVAILABLE TO THE PUBLIC. The material or performance may be purchased or attended, with or without consideration.
CITY. The City of Madison, Madison County, Illinois.
DISSEMINATE. To transfer possession of, with or without consideration.
ESTABLISHMENT. Any business in the city that provides a service to patrons and needs a license for any purpose from the city and/or the state before it can or continue to operate.
EXPLICIT SEXUAL CONDUCT.
(1) Displaying human genitals in a 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 breast.
KNOWINGLY. Being aware of the character and the content of the material or performance.
NUDITY. The showing of specified anatomical areas of the human male or female.
OBSCENE MATERIAL OR PERFORMANCE. Applying community standards, the material or performance is as follows:
(1) The predominant appeal of the material or performance taken as a whole is to prurient interest;
(2) The material or performance depicts or describes, in a patently offensive manner, sexual conduct regulated by the laws of the state or city; and
(3) Taken as a whole, the material or performance lacks serious literary, artistic, political or scientific value.
OPERATOR. The owner, operator or manager of any establishment and any person performing, with or without consideration, in the establishment.
PERFORMANCE. Any preview, play, show, skit, film, dance or other exhibition performed before an audience.
PERSON. Any individual, partnership, firm, association, corporation or other legal entity.
SERVICE TO PATRONS. The provision of services in establishments providing, with or without consideration, food and beverages, alcohol or non-alcohol, including, but not limited to hostessing, hat- checking, cooking, bartending, serving, table setting and clearing, waitering and waitressing and entertaining.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals or pubic region;
(b) Buttock; and
(c) Female breast below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(Ord. 1140, passed 2-21-1989)