A. The following acts or conduct are prohibited on licensed premises.
1. Performance of acts, or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or other sexual act.
2. Actual or simulated touching, caressing or fondling of breasts, buttocks, pubic hair, anus or genitals.
3. Actual or simulated display of breasts, buttocks, pubic hair, anus, vulva, or genitals.
4. Permitting any person to remain upon licensed premises that exposes to pubic view any portion of his or her breasts, buttocks, genitals, vulva, or anus.
5. A display, showing, or viewing of any type depicting a live performance of anything prohibited in subsections A.1., A.2., A.3., or A.4. above.
6. Subject to those provisions as set out above herein, entertainers shall perform only upon a stage at least eighteen (18) inches above the immediate floor level and removed at least six (6) feet from the nearest patron.
B. Common Entrances and Passageways. No licensed premises shall have a common entrance or passageway with a place of entertainment or business in which any of the acts prescribed above are performed or allowed to be performed.
C. Noise Prohibited.
1. An emission beyond boundaries of a licensed premise of any noise that unreasonably interferes with enjoyment of life or with any lawful business or activity including but not limited to any one or more of the following is prohibited:
a. Noise constituting a violation (as determined by findings and order of the Illinois Pollution Control Board) of 415 ILCS 5/23 et seq. as from time to time amended or any regulation or standard adopted by the IPCB pursuant thereto as set forth in the Illinois Administrative Code, subsequently entitled “Noise”, §§ 900.101 et seq.
b. Noise emitted by use or operation of a sound amplifying device so that the device produces a loud, disturbing or raucous sound which can be heard by persons at a distance greater than 100 feet from the boundaries of the licensed premises at any time.
2. Amplified live or recorded music or entertainment is permitted on any licensed premises, as long as subsections C.1.a. and C.1.b. above are not violated, except that no licensee shall permit any live or recorded music or entertainment to be amplified by any means outside any building on the premises after 9:00 p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday, and 12:00 midnight on Friday and Saturday.
D. Other Nuisances. Any conduct or activity occurring on the licensed premises which constitutes a nuisance as defined by:
1. 740 ILCS 55/221 as from time to time amended, adopted herein by reference.
2. Article III of the Public Health Ordinance, adopted herein by reference.
E. Citations under the McHenry County Nuisance Noise Ordinance. Any finding or complaint issued under the McHenry County Noise and/or Nuisance Ordinance shall subject the licensee to a hearing on the citation before the Commissioner or the Law & Government/Liquor Committee at the discretion of the Commissioner.
(Ord. O-201406-12-020, § 20, passed 6-17-2014; Ord. 7468, passed 3-19-2019)