(A) Purpose. The purpose of this section is to regulate adult entertainment facilities in order to protect the community from the secondary effects such as increased crime and declining property values associated with sexually oriented businesses.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOTH. Any area of an adult entertainment facility set off from the remainder of such establishment by 1 or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
ADULT CABARET. Any commercial establishment that as a substantial or significant portion of its business regularly features any of the following:
(1) Persons who appear nude or semi-nude; or
(2) Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
ADULT ENTERTAINMENT FACILITY. Any sexually oriented business such as an adult cabaret, adult store, adult theater or massage parlor as defined in this division.
ADULT MATERIAL. Any of the following, whether new or used:
(1) Books, magazines, periodicals, or other printed matter, or digitally-stored materials.
(2) Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind.
(3) Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specific anatomical areas, or the conduct or simulation of specific sexual activities.
(4) Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.
ADULT STORE. Any commercial establishment that contains 1 or more adult booths; that has a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or that has a segment or section devoted to the sale or display of adult materials.
ADULT THEATER. Any commercial establishment that as a substantial or significant portion of its business, regularly features for presentation, films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
COMMERCIAL ESTABLISHMENT. Any place where admission, services, performances, or products are provided for or upon payment of any form of consideration.
MASSAGE PARLOR. Any commercial establishment where any person engages in, or carries on, or permits to be engaged in or carried on any touching or stimulating of the external parts of the body with hands and/or feet or with the aid of any apparatus or appliance.
NUDE or STATE OF NUDITY. A state of dress or undress that exposes to view less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed; or human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
PROTECTED USES.
(1) Any school, public or private.
(2) Any day care center.
(3) Any cemetery.
(4) Any public park or forest preserve.
(5) Any public housing facility.
(6) Any place of religious worship.
SEMI-NUDE. A state of dress or undress in which clothing covers no more than the human genitals, anus, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.
SPECIFIED ANATOMICAL AREAS. Human genitals or pubic region, buttocks, anus, or the female breast below a point immediately above the top the areola that is less than completely or opaquely covered, or human male genitals in a discernibly turgid state even if completely or opaquely covered or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIES. Human genitals in a state of sexual stimulation or excitement; acts of human masturbation, sexual intercourse, fellatio, or sodomy; fondling, kissing, or erotic touching of specified anatomical areas; flagellation or torture in the context of a sexual relationship; masochism, erotic or sexually oriented torture, beating, or the infliction of pain; erotic touching, fondling, or other such contact with an animal by a human being; or human excretion, urination, menstruation, or vaginal or anal irrigation as part of or in connection with any activities set forth above.
(C) Prohibited acts and conditions. The following acts and conditions are prohibited on the premises of any adult entertainment facility:
(1) Alcoholic beverages. No alcoholic beverages shall be served, consumed, possessed, delivered or transported on or about the premises of any adult bookstore, adult cabaret, adult theater or adult novelty store at any time.
(2) Minors. No person under the age of 18 years shall be allowed on, about or inside the adult entertainment premises.
(3) Employees. It shall be unlawful for the owner, associate, member, representative, agent or employee of any adult entertainment to employ in any capacity within the adult entertainment establishment any person who is under the age of 18 years.
(4) Adult booths. No booths, stalls or partitioned portions of a room or individual rooms used for the viewing of motion pictures or other forms of entertainment shall have doors, curtains or portal partitions, and all such booths, stalls or partitioned portions of a room or individual rooms so used shall have at least 1 side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. All described areas shall be lighted in a manner that the persons in the areas used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but the lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment.
(5) Adult cabarets. All dancing and other performances shall occur on a stage intended for that purpose, which is raised at least 2 feet from the level of the floor. No dancing or other performances shall occur closer than 10 feet to any patron. In addition, no performer shall fondle, caress or otherwise touch any patron and no patron shall fondle, caress or otherwise touch any performer. No patron shall directly pay or give any gratuity to any performer and no performer shall solicit any pay or gratuity from any patron. Gratuities may be indirectly given to performers by placing the gratuity on the stage.
(6) Massage parlors. Massage parlors as defined herein are prohibited. Licensed massage therapists, licensed chiropractors, licensed physicians, hospitals and clinics shall be exempted from this prohibition.
(D) Exterior display. No adult entertainment facility shall be operated in any manner that permits the observation of any material depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” from any public way or from any property not lawfully in use as an adult entertainment facility as defined under this code.
(E) Location. Adult entertainment facilities shall be located in accordance with the following standards:
(1) Permitted districts. Adult entertainment facilities shall be permitted only in an I-1 zoning district.
(2) Minimum distance from other adult entertainment facilities. No adult entertainment facility shall be located, established, maintained, or operated on any lot that has a property line within 1,000 feet of the property line of any other lot on which any other adult entertainment facility is located, established, maintained, or operated.
(3) Minimum distance from protected uses. No adult entertainment facility shall be located, established, maintained, or operated on any lot that has a property line within 1,000 feet of the property line of any other lot on which a protected use is located, established, maintained, or operated.
(4) Measurement. For the purposes of this section, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the adult entertainment facility is located to the nearest point on a property line of any lot on which a protected use or other adult entertainment facility, as the case may be, is located, established, maintained, or operated.
(5) Limited exception for subsequent protected uses, alcoholic business. An adult entertainment facility lawfully operating under this code shall not be deemed to be in violation of the location restrictions set forth herein solely because a protected use subsequently locates within the minimum required distance of the adult entertainment facility, a business that sells or dispenses alcoholic beverage subsequently located within the same building as the adult entertainment facility.
(F) Hours of operation. An adult entertainment facility shall be permitted to remain open for business or allow or permit patrons or members to remain upon the premises between the hours of 10:00 a.m. to 12:00 a.m.