(a) "Adult Entertainment Business” means an adult book store, adult cabaret, adult motion picture theater, adult drive-in motion pictures theater, or an adult only entertainment establishment as further defined in this section.
(b) “Adult book store” means an establishment which utilizes fifteen percent (15%) or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on adult materials as defined in this section.
(c) “Adult cabaret” means a nightclub, bar, restaurant, supper club, lounge or similar establishment in which persons appear in a state of nudity in the performance of their duties.
(d) “Adult motion picture theater” means an enclosed motion picture which is regularly used or utilizes fifteen percent (15%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
(e) “Adult motion picture drive-in theater” means an open air drive-in theater which is regularly used or utilizes fifteen percent (15%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
(f) “Adult only entertainment establishment” means an establishment that the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female impersonators or similar entertainment or services which constitute adult material.
(g) “Adult material” means any book, magazine, newspapers, pamphlet, poster, print, picture, slide, transparency, figure, image, descriptions, motion picture film, phonographic tape, other tangible thing, or any service, capable of arousing interest through sight, sound, or touch, and:
(1) Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination; or
(2) Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination.
(h) “Bottomless” means less than full opaque covering of male or female genitals, pubic area or buttocks.
(i) “Nude or nudity” means the showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernable turgid state.
(j) “Topless” means the showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
(k) “Sexual activity” means sexual conduct or sexual contact, or both.
(l) “Sexual contact” means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
(m) "Sexual Excitement" means the condition of the human male or female genitals, when in a state of sexual stimulation or arousal.
(n) "Church" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
(o) "Permit" means a permit to operate an adult entertainment business establishment issued pursuant to these regulations.
(p) "Public park" means public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the Village which, is under the control, operation or management of the Village, County or State.
(q) "Residential District'' means those areas defined in the Zoning Ordinance.
(r) "School'' means any public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. School includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school.
(Ord. 177-08-00. Passed 8-22-00.)