CHAPTER 14
ADULT ENTERTAINMENT BUSINESSES
ADULT ENTERTAINMENT BUSINESSES
SECTION:
3-14-1: Purpose
3-14-2: Definitions
3-14-3: Site Plan Review
3-14-4: Exterior Display
3-14-5: License Required
3-14-6: Issuance Of License
3-14-7: Fees
3-14-8: Inspection
3-14-9: Expiration Of License
3-14-10: Suspension
3-14-11: Revocation
3-14-12: Transfer Of License
3-14-13: Business Records
3-14-14: Adult Theater; Restrictions
3-14-15: Adult Motion Picture Arcade; Restrictions
3-14-16: Hours Of Operation
3-14-17: Alcohol Sales Prohibited
The purpose of this chapter is to regulate adult entertainment businesses to protect the community from the many types of criminal activity frequently associated with such uses. The village recognized that such regulation cannot in effect prohibit such uses. This chapter has balanced the competing interest of the community in reducing criminal activity and protecting property values versus the protected rights of the owners, operators, employees and patrons of adult uses. (Ord. 1045, 4-14-1999)
ADULT BOOKSTORE AND/OR VIDEO STORE: An establishment having as a significant or substantial portion of its stock in trade books, magazines, periodicals or other printed matter, and/or photographs, films, motion pictures, videocassettes, slides, tapes, records or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT CARD, GIFT, OR NOVELTY STORE: An establishment having as a significant or substantial portion of its stock in trade items, such as cards, games, articles of clothing and novelties which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT BUSINESS: The operation of a business, or any use thereof, of which any portion involves an activity distinguished or characterized by its emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, including, but not limited to, the operation of an adult card, gift or novelty store, an adult bookstore and/or video store, adult mini- motion picture theater, adult motel, adult motion picture arcade, adult motion picture theater, adult theater, escort agency, massage parlor, nude or seminude model studio, or sexual encounter establishment.
ADULT MINI-MOTION PICTURE THEATER: An enclosed building or any portion or portions thereof having a capacity from six (6) to fifty (50) persons, where, for any form of consideration (including a coin or token inserted into a coin or token operated projector, video screen, or other image producing device) patrons may view films, motion pictures, videocassettes, slides or similar photographic electronic reproductions in which a significant or substantial portion of the total presentation time is devoted to the showing of materials that are distinguished by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT MOTEL: A hotel, motel or similar commercial establishment which: a) offers accommodations to the public for any form of consideration, provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other electronic or photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right of way which advertises the availability of such transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions; or b) offers a sleeping room for rent for a period of time that is less than eight (8) hours; or c) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than eight (8) hours. "Rent" and "subrent" when used in reference to an adult motel, shall mean the act of permitting a sleeping room to be occupied for any form of consideration.
ADULT MOTION PICTURE ARCADE: An establishment in which electronic, electrical, or mechanical still or slide projectors, motion picture projectors, video screens, closed circuit television transmissions or other image-producing devices operable by insertion of a coin or token or for other consideration are maintained for presentation of images to five (5) or fewer persons at a single time per such device and where the images presented are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER: An enclosed building with a capacity of fifty (50) or more persons where, for any form of consideration, patrons may view closed circuit television transmissions, films, motion pictures, videocassettes, slides or similar electronic or photographic reproductions in which a significant or substantial portion of the total presentation time is devoted to the showing of materials that are distinguished by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT THEATER: A public or private establishment which: a) features topless dancers, strippers, "go-go" dancers, male or female impersonators, lingerie or bathing suit fashion shows; b) not infrequently features entertainers who display "specified anatomic areas"; or c) 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 in, explicit simulation of "specified sexual activities".
ESCORT: A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
MASSAGE PARLORS: Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body occurs as part of or in connection with "specified sexual activities" or where any person providing such treatment, manipulation or service related thereto, exposes his or her "specified anatomical areas" or massages the "specified anatomical areas" of the customer unless prescribed by a physician or registered physical and massage therapist. The definition of "sexually oriented business" shall not include the practice of massage in any licensed hospital nor by a licensed physician, surgeon, chiropractor or osteopathy, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
NUDE, SEMINUDE MODEL STUDIO: Any place where a person, who regularly appears in a state of nudity or seminudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
SEXUAL ENCOUNTER ESTABLISHMENT: A business or commercial establishment that, as one of its primary business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" when one or more of the persons is nude or seminude. The definition of "sexually oriented businesses" shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
SPECIFIED ANATOMICAL AREAS:
A. Less than completely or opaquely covered human genitals, pubic region, buttock, anus or female breast below a point immediately above the top of the areola; and
B. Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
SPECIFIED CRIMINAL ACTIVITY: Any of the following offenses:
A. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a minor; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaged in organized criminal activity; sexual assault; molestation of a child; gambling or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;
B. For which: 1) less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction which is the later date, if the conviction is of a misdemeanor offense; 2) less than five (5) years have elapsed since the date of conviction or the date of release from confinement for conviction whichever is the later date, if the conviction is a felony offense; or 3) less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement from the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurred within any twenty four (24) month period;
C. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITIES:
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse, fellatio or sodomy;
C. Fondling, kissing or other erotic touching of specified anatomical areas;
D. Flagellation or torture in the context of a sexual relationship;
E. Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
F. Erotic touching, fondling or other such contact with an animal by a human being; or
G. Human excretion, urination, menstruation or vaginal or anal irrigation as part of or in connection with any of the activities set forth in subsections A through F of this definition. (Ord. 1045, 4-14-1999)
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