§ 134.04  SEXUALLY ORIENTED ESTABLISHMENTS.
   (A)   It shall be unlawful to own or operate a sexually oriented establishment, or to sell, display, offer or otherwise provide obscene materials, as defined in § 134.02, within 1,000 feet of the property boundaries of any:
      (1)   School, university or college;
      (2)   Day care center;
      (3)   Cemetery;
      (4)   Public park or forest preserve;
      (5)   Public housing; and/or
      (6)   Place of religious worship.
   (B)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      SEXUALLY ORIENTED ESTABLISH- MENT. Any business or use that includes offering its patrons goods or services of which a material portion involves the sale, display or provision of sexually oriented products or services. Any establishment in which sexually oriented products and services constitute more than 10% of the building floor area or gross receipts of the establishment, or any establishment in which any sexually explicit activities or adult entertainment facilities are located shall be deemed a sexually oriented establishment.
      SEXUALLY ORIENTED PRODUCTS AND SERVICES.
      (1)   Sexual devices. Any three dimensional object designed or marketed as useful primarily in the performance of a sexual act or to enhance or entice sexual stimulation or gratification. Such devices include any item which has no substantial non-sex related utility, such as erotic undergarments and artificial sexual organs, as well as devices with other utility when they are marketed for sexual purposes, such as chains, handcuffs or the like, but does not include devices primarily intended for protection of health or prevention of pregnancy.
      (2)   Sexually explicit materials. Any book, magazine, pamphlet, newspaper or other printed or written matter, picture, drawing, photograph, motion picture film, pictorial representation, statue, figure or other three-dimensional object, recording, transcription or anything which is or may be used as a means of communication that depicts, describes, or portrays human sexual intercourse, sodomy, bestiality, oral copulation, masturbation, urinary and defecatory functions, sadism, masochism, sadomasochistic abuse, exhibition of the genitals or any touching of the exposed genitals, pubic areas, breasts or buttocks of the human male or female, whether alone, or between members of the same or opposite sex, or between humans and animals in an act of apparent sexual stimulation or gratification.
      (3)   Sexually explicit activities. Any live exhibition of the human genitals, or female breasts or any touching of the genitals, pubic areas, breasts or buttocks of the human male or female, whether alone, or between members of the same or opposite sex, or between humans and animals in an act of apparent sexual stimulation or gratification.
      (4)   Adult entertainment facilities.
         (a)   A striptease club or pornographic movie theater whose business is the commercial sale, dissemination or distribution of sexually explicit material, shows or other exhibitions; or
         (b)   An adult bookstore or adult video store whose primary business is the commercial sale, dissemination or distribution of sexually explicit material, shows or other exhibitions, as set forth in  ILCS Ch. 65, Act 5, § 11-5-1.5.
   (D)   Except where contrary to any superceding applicable law, it shall be unlawful for an any person to:
      (1)   Employ in a sexually oriented entertainment establishment any person under the age of 18 years or who has been convicted of a sex offense under ILCS Ch. 720, Title III, Article 11 (Act 5, §§ 11-6 et seq.), as amended, or any city ordinance adopted thereunder, including this chapter;
      (2)   Permit any sexually oriented products and services to be visible from outside the building in which such item or items are sold, displayed, offered or provided, or inside the building except by a separate room with the entrance staffed at all times to ensure no entry by persons under 18 years; or
      (3)   Sell, display, offer or otherwise provide child pornography as that term is defined and used in ILCS Ch.720, Act 5, § 11-20.1, as amended, or obscenity as that term is defined by § 134.02 of this chapter, as amended;
      (4)   Sell, display, offer or otherwise provide a sexually oriented product and service to a person under the age of 18 years;
      (5)   Sell, display, offer or otherwise provide any sexually oriented products and services to any person if such sexually oriented products and services constitute more than 25% of the total gross sales or gross floor space of the establishment where sold, displayed, offered or provided;
      (6)   Sell, provide or consume liquor on the premises of any sexually oriented establishment or within any public area or on the premises of any commercial enterprise within 100 feet of such sexually oriented establishment;
      (7)   Sell, display, offer or otherwise provide any sexually oriented products that are otherwise prohibited by law;
      (8)   No sexually oriented establishment may be located closer than 1,000 feet of any other sexually oriented establishment; and/or
      (9)   Make a false written statement or provide false information in conjunction with any required permit application form filed with the city.
   (E)   Nothing in this section shall be interpreted to permit any obscenity otherwise prohibited by § 134.02 of this chapter, nor shall this section be deemed to imply that any activity prohibited herein shall be consistent with the community standard or otherwise lawful if undertaken in locations not governed by this section.
(1999 Code, § 134.04)  (Ord. 3103, passed 5-6-2002)  Penalty, see § 134.99