(A) Definition: Any establishment, business, building or structure from which, under the laws of the state of Illinois, minors are excluded by virtue of age unless accompanied by a consenting parent, guardian or spouse. This shall include, but not be limited to, all adult oriented definitions:
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 significant section devoted to the sale or display or 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 ENTERTAINMENT CABARET: A public or private establishment which: 1) features topless dancers, strippers, "go go" dancers, male or female impersonators, lingerie or bathing suit fashion shows; 2) not infrequently features entertainers who display "specified anatomical areas"; or 3) 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 explicit simulation of, "specified sexual activities".
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", lotions and other items distinguished or characterized by their emphasis on or use for "specified 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 novelty stores and other similar uses.
SPECIFIED ANATOMICAL AREAS: For the purpose of this title, "specified anatomical areas" means:
1. Less than completely and opaquely covered:
(a) Human genitals,
(b) Pubic region,
(c) 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: For the purpose of this title "specified sexual activities" means: 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.
(B) Purposes: It has been determined in numerous communities that the presence of adult oriented businesses, as herein defined, by their very nature, have certain objectionable characteristics unrelated to the content of materials available for sale or viewing on such premises. The regulation of such businesses is necessary to ensure the health, safety and welfare of the citizens of the village and to prevent the adverse effects of such businesses by enforcing the location and distancing requirements for such uses. It is necessary to ensure that such businesses do not violate legitimate criminal laws, such as those prohibiting obscenity, employment of minors, prostitution, drug offenses, or building code regulations.
(C) Location: Adult oriented uses may be allowed as a special use in a C-2 or industrial district provided:
1. The establishment is not located within six hundred feet (600') of any property zoned A-1, E-1, R-1, R-2, or R-3.
2. The establishment is not located within six hundred feet (600') of any residential building.
3. The establishment is not located within one thousand feet (1,000') of any church, religious institution, daycare center, library, teen center, school, public park or playground, or recreational facility where minors congregate. "Minors" means persons under eighteen (18) years of age.
4. The establishment is not located within one thousand feet (1,000') of another adult establishment.
(D) Restrictions: Adult oriented uses shall be regulated, but not limited to, the following restrictions:
1. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified anatomical area" or "specified sexual activities" from any public way. This shall apply to any display, decoration, sign, show window or other opening. No person shall operate or cause to be operated an adult use within any premises wherein alcoholic beverages are served, sold or consumed.
2. No person under the age of twenty one (21) shall be allowed on the premises.
3. All "viewing areas", which shall be defined as the area where a patron or customer would ordinarily be positioned while watching a film or viewing device, shall be visible from a continuous main aisle or public room and shall not be obscured by any curtain, door, wall or other enclosure.
4. There shall be no aperture whatsoever in any wall or partition between viewing areas.
5. Each viewing area shall be lighted at a minimum level of ten (10) foot-candles in all parts thereof.
6. All performers shall be at least twenty one (21) years of age.
7. All performances, exhibitions or displays shall take place on a platform raised at least two feet (2') from the level of the floor, and located at least ten feet (10') from any patron.
8. No performer shall fondle or caress any patron or other performer, and no patron shall fondle or caress any performer.
9. No patron shall be permitted to pay or give any gratuity to any performer, and no performer shall solicit any pay or gratuity from any patron.
(E) Adult Section: Within an establishment selling or renting books, magazines, or films to the general public, a nonsubstantial section may display, rent or offer for sale items distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" with the following restrictions:
1. The establishment shall be located within a C-2 or industrial district and is not located within one thousand feet (1,000') of any existing church, religious institution, daycare center, library, teen center, school, public park or playground, or recreational facility where minors congregate. "Minors" means persons under eighteen (18) years of age.
2. The area shall be set aside, blocked off or of limited access to adults only, with clearly marked signs indicating that this area contains adult only items.
3. The area shall be arranged in such manner that the display is not visible to the general public.
4. There shall be suitable measures installed to ensure that adults only have access.
5. A special use permit shall be obtained. Conforming businesses existing at the time of adoption of this title shall be allowed to continue such conforming practices and shall be granted a special use permit after review and determination by the code enforcement officer and approval by the village board.
(F) Special Use Permit Required: No adult oriented use shall operate even at those locations where they may be allowed under subsection (C) of this section without first having obtained a special use permit in the manner set forth in chapter 14 of this title.
(G) Existing Adult Oriented Uses: Any adult oriented use which existed lawfully, but which became nonconforming upon the adoption of this section to this title shall be given until January 1, 2001, to either become conforming or shall be discontinued. (Ord. 99-06, 6-21-1999)