(A) Purpose and intent. It is the purpose of this section to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the village and to establish reasonable and uniform regulations to prevent the concentrations of sexually oriented businesses within the village. The provisions of this section have neither the purpose or effect of imposing a limitation or restriction on the content of any communicative materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendments, or to deny access to the distributors and exhibitors of sexually oriented entertainment to their intended market.
(B) Definitions.
(1) SEXUALLY ORIENTED BUSINESS. An adult arcade, adult book store, adult video stores, adult cabaret, or adult theater.
(2) ADULT ARCADE. Any place to which the public is permitted or invited wherein coin operated, slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to ten or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
(3) ADULT BOOK STORE OR ADULT VIDEO STORE. A commercial establishment which, as one of its principal business purposes, offers for sale or rental, for any form of consideration, any one or more of the following:
(a) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas;" or
(b) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
(4) ADULT CABARET. A night club, bar, restaurant or similar commercial establishment which regularly features:
(a) Persons who appear in a state of nudity; or
(b) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(5) ADULT THEATER. A commercial establishment with the capacity to serve ten or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified anatomical areas" or "specified sexual activities."
(6) SPECIFIED ANATOMICAL AREAS. Human male genitals in a state of sexual arousal, human pubic region, buttocks, and female breasts below a point immediately above the top of the areola.
(7) SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(a) The fondling or other erotic touching of human genital, pubic region, buttocks, anus or female breasts;
(b) Any actual or simulated sex acts;
(c) Actual or simulated masturbation; or
(d) Excretory functions as part of or in connections with any of the activities set forth in divisions (B)(7)(a) through (c) above.
(8) NUDITY.
(a) The appearance of human bare buttocks, anus, male genitals, female genitals, or female breast; or
(b) A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.
(C) Prohibitions.
(1) No person shall exercise supervisory control, manage, generate, cause the establishment, or permit the establishment of sexually oriented business within the village, within 500 feet of:
(a) A church;
(b) A public or private school;
(d) A public park.
(2) No person shall exercise supervisory control, manage, operate, cause the establishment or permit the establishment of a sexually oriented business within the village within 500 feet from any other sexually oriented business.
(D) For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private school, boundary or a residential district, or boundary of a public park.
(Ord. 41-1996, passed 10-16-96; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999