It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the Village, and to establish reasonable and uniform regulation to prevent the continued concentration of sexually oriented businesses within the Village. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(Ord. 813. Passed 1-5-98.)
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 to displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”
(b) “Adult bookstore” or “adult video store” means a commercial establishment which as one or more of its principal business purposes offers for sale or rental for any form of consideration any one of more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, 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 specifically for use in connection with “specified sexual activities.”
(c) “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 of “specified sexual activities” or “specified anatomical areas.”
(d) “Adult motel” means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration, provides patrols 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 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 10 hours, or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period that is less than 10 hours.
(e) “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 depiction or description of “specified sexual activities” or “specified anatomical areas.”
(f) “Chief of Police” means the Chief of Police of the Municipality or his designated agent.
(g) “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 sexually oriented business;
(3) The addition of any sexually oriented business to any other existing sexually oriented business, or
(4) The relocation of any sexually oriented business.
(h) “Operates” or “causes to be operated” 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 a sexually oriented business whether or not that person is an owner, part owner, or licensee of this business.
(i) “Person” means an individual, proprietorship, corporation, association or other legal entity.
(j) “Residential district” means a single family, duplex, townhouse, multiple family or mobile home zoning district.
(k) “Residential use” means a single family, duplex, multiple family, or mobile home park, mobile home subdivision and campground use.
(l) “Sexually oriented business” means an adult arcade, adult bookstore or adult motion picture store, adult cabaret, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
(m) “Transfer” or “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; 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. 813. Passed 1-5-98.)
Sexually oriented businesses are classified as follows:
(a) Adult arcades;
(b) Adult bookstores or adult video stores;
(c) Adult cabarets;
(d) Adult motels;
(e) Adult motion picture theaters;
(f) Adult theaters;
(g) Escort agencies;
(h) Nude model studios; and
(i) Sexual encounter centers.
(Ord. 813. Passed 1-5-98.)
(a) An applicant or licensee shall permit representatives of the Police Department, Health Department, Fire Department, Housing Department and Building Division to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied for business.
(b) A person who operates a sexually oriented business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the Police Department at any time it is occupied or open for business.
(c) The provisions of this section do not apply to areas of an adult motel which are currently rented by a customer for use as a permanent or temporary habitation.
(Ord. 813. Passed 1-5-98.)
(a) A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet of:
(1) A church;
(2) A public or private elementary or secondary school;
(3) A boundary of a residential or historic district as defined in this chapter;
(4) A public park; or
(5) The property line of a lot devoted to residential use as defined in this chapter.
(b) A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business. A person commits an offense if he causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented in any building, structure or portion thereof containing another sexually oriented business.
(c) For the purpose of subsection (a) hereof, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.
(d) For purposes of subsection (b) hereof, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(e) Any sexually oriented business lawfully operating on January 5, 1998 that is in violation of subsections (a), (b) or (c) hereof, shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.
(f) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, public elementary or secondary school, public park, residential district, or residential lot within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.
(Ord. 813. Passed 1-5-98.)
(a) Except as provided by subsection (b) or (c) hereof, any person violating this chapter is guilty of a minor misdemeanor.
(b) It is a defense to prosecution under Section 1119.04 that person appearing in a state of nudity did not in a modeling class operated in a structured which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing.
(Ord. 813. Passed 1-5-98.)