In this Chapter:
(a) "Adult arcade" means any place to which the public is permitted or invited wherein coin-operated or 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 five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting of describing of "specified sexual activities" or "specified anatomical areas".
(b) "Adult bookstore" or "adult video store" means a commercial establishment which utilizes twenty-five percent (25%) or more of its retail selling area for the purpose of sale or rental for any form of consideration any one or more of the following:
(1) 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
(2) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities".
(c) "Adult business" means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
(d) "Adult cabaret" means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity; or
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(e) “Adult motel" means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproduction 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 this adult type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
(f) "Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas".
(g) “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas".
(h) “Chief of Police" means the Chief of Police of the Village or his designated agent.
(i) "Escort" means a person who, for 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.
(j) "Escort agency" means 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.
(k) "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.
(l) "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.
(m) "Establishment" means and includes any of the following:
(1) The opening or commencement of any Adult Business as a new business;
(2) The conversion of any existing business, whether or not an Adult Business, to any Adult Business;
(3) The addition of any Adult Business to any other existing Adult Business; or
(4) The relocation of any Adult Business.
(n) "License" means a person in whose name a license to operate an Adult Business has been issued, as well as the individual listed as an applicant on the application for a license.
(o) "Nude model studio" means any place where a person who appears in a state of nudity or displays "specified anatomical area" is provided to be observed, sketched, dawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration.
(p) "Operates" or "causes to operate" means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated an Adult Business, whether or not that person is an owner, part owner, or licensee of the business.
(q) "Nudity" or a "state of nudity" means:
(1) The appearance of a human bare buttock, anus, male genitals, female genitals or female breast; or
(2) A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or the entire female breast.
(r) "Person" means individual, proprietorship, partnership, corporation, association, or other legal entity.
(s) "Residential district" means a single family, duplex, townhouse, multiple family or mobile home zoning district.
(t) "Residential use" means a single family, duplex, multiple family, or mobile home park, mobile home subdivision and campground use.
(u) "Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, and entire female breast, as well as portions of the body covered by supporting straps or devices.
(v) "Sexual encounter center" means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
(w) "Specified anatomical areas" mean human genitals in a state of sexual arousal.
(x) "Specified sexual activities" means and includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated; and
(4) Excretory functions as part of or in connection with any of the activities set forth in subsections (x)(1) to (3) above.
(y) "Substantial enlargement" of an Adult Business means the increase in floor area occupied by the business by more than twenty-five percent (25%) as the floor area exists on September 1, 2003.
(z) "Transfer of ownership or control" of an Adult Business means and includes any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 20-06. Passed 6-4-20.)