For the purposes of this subchapter, certain terms and words are defined as follows:
ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each are regularly used to show 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".
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which has over 25% of its stock-in-trade or derives over 25% of its revenues or devotes over 25% of its interior business or advertising to the sale or rental for any form of consideration, of any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas";
(2) Instruments, devices, or paraphernalia which are designed for use or marketed primarily or stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.
Bookstores, novelty stores, and video stores that do not meet the above 25% thresholds specified above but sell or rent any items specified in division (2)(a) of this section are subject to regulation as set forth in § 157.251.
ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
(1) Persons who appear semi-nude or in a state of semi-nudity;
(2) Pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT MOTEL. A motel, hotel or similar commercial establishment which:
(1) Offers public accommodations, for any form of consideration, which provide patrons with closed-circuit television transmissions, 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" and which advertise the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or
(2) Offers a sleeping room for rent for a period of time less than ten hours; or
(3) Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of semi-nudity and/or nudity.
DANCER OR PERFORMER. A person who dances, performs or otherwise entertains in any sexually oriented business.
EMPLOYEE. Any person who works, dances, performs or otherwise entertains for a sexually oriented business; regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business or works as an independent contractor.
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 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.
ESTABLISHMENT. Means and includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this subchapter;
(3) The addition of any of the sexually oriented businesses defined in this subchapter to any other existing sexually oriented business; or
(4) The relocation of any such sexually oriented business.
MASSAGE PARLOR. 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 are performed. The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by any massage therapist licensed by the State of Illinois under the Massage Licensing Act
(ILCS Ch. 225, Act 57, § 1 et seq.), nor by any licensed physician, surgeon, chiropractor or osteopath, 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.
NUDITY OR STATE OF NUDITY.
(1) The appearance of human bare buttocks, anus, male genitals, female genitals, or the areola or nipple of the female breast; or
(2) A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
OPERATOR. Means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
PERMITTEE or PERMIT HOLDER. A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
PREMISES or LICENSED PREMISES. Any building in which a sexually oriented business operates or is contemplated, as well as the property surrounding said building, including, but not limited to, any parking lot areas serving the sexually oriented business.
PUBLIC BUILDING. Any building owned, leased or held by the United States, the state, the county, the village, any special district, school district, or any other agency or political subdivision of the state or the United States, which is used for governmental purposes.
PUBLIC PARK or RECREATION AREA. 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 or the Peotone Park District, or available to the public for general use.
PUBLIC PLACE. A place to which the general public has a right to go or is invited.
RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple or building that is used primarily for religious worship and related religious activities.
RESIDENTIAL DISTRICT OR USE. A single family home, duplex, townhouse or multiple family residence as defined in this code.
SCHOOL. Any public or private educational facility including but not limited to child daycare facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
SEMI-NUDE or SEMI-NUDITY. A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEMI-NUDE MODEL STUDIO. Any place where a person, who regularly appears in a state of semi-nudity 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 or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" when one or more of the persons is semi-nude. 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.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, massage parlor, semi-nude model studio or sexual encounter establishment.
SPECIFIED ANATOMICAL AREAS and/or SPECIFIED SEXUAL ACTIVITIES. As used in this subchapter means and includes any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or
(3) Masturbation, actual or simulated; or
(4) Human genitals in a state of sexual stimulation, arousal or tumescence;
(5) Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (4) of this definition.
SPECIFIED CRIMINAL ACT. For purposes of this subchapter shall mean any offense defined as a "sex offense" under the Sex Offender Registration Act ( ILCS Ch. 730, Act 150, § 1 et seq .) as well as crimes connected with another Sexually Oriented Business, whether or not such business was licensed or permitted, including but not limited to, distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;
SUBSTANTIAL ENLARGEMENT OF THE SEXUALLY ORIENTED BUSINESS. Means an increase in the floor areas occupied by the business by more than 15%, as the floor areas exist on the date of passage of this subchapter.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED 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;
(3) The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
(Ord. 04-20, passed 9-7-04)