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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE. An establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin-operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or an establishment with a segment or section devoted to the sale or display of the materials; or an establishment that holds itself out to the public as a purveyor of the materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin-operated booths, exclusion of minors from the establishment’s premises or any other factors showing the establishment’s primary purpose is to purvey the material.
ADULT CLUB. A public or private establishment, a primary purpose of which is to provide members or guests with a venue to perform specified sexual activities with other members or guests.
ADULT ENTERTAINMENT CABARET. A public or private establishment which:
(1) Features topless dancers, strippers, go-go dancers, male or female impersonators, lingerie or bathing suit fashion shows;
(2) Not infrequently features entertainers who display specified anatomical areas; and/or
(3) Features entertainers who, by reason of their appearance or conduct, perform in a manner which is designed primarily to appeal to the prurient interest of the patron or features entertainers who engage in, or are engaged in explicit simulation of, specified sexual activities.
ADULT ENTERTAINMENT FACILITY. As defined by § 11-5-1.5 of the Illinois Municipal Code, “a striptease club or a pornographic movie theatre whose business is the commercial sale, dissemination or distribution of sexually explicit material, shows or other exhibitions or an adult book store or adult video store whose primary business is the commercial sale, dissemination or distribution of sexually explicit material, shows or other exhibitions”.
ADULT MOTION PICTURE THEATER. A building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT NOVELTY STORE. An establishment having a substantial or significant portion of its sales or stock in trade consisting of toys, devices, clothing novelties, lotion and other items distinguished or characterized by their emphasis on or use for specialized sexual activities or specified anatomical areas or an establishment that holds itself out to the public as a purveyor of the materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment’s premises or any other factors showing the establishment’s primary purpose is to purvey the material.
ADULT USE. Adult bookstores, adult motion picture theaters, adult entertainment cabarets, adult entertainment facilities, adult novelty stores, adult clubs and other similar uses of property within the village.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals;
(b) Pubic region;
(c) Buttock; and/or
(d) Female breasts below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in the state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy; and/or
(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts; and excretory functions as part of or in connection with any of the foregoing activities.
(Prior Code, § 153.001) (Ord. 2001-014, passed 8-6-2001)
No liquor license shall be issued and no liquor shall be sold or consumed on the premises of any adult use.
(Prior Code, § 153.002) (Ord. 2001-014, passed 8-6-2001) Penalty, see § 110.99
Adult uses are permitted only in areas zoned I-1, I-2 or AG under Ch. 157 of this code of ordinances; provided:
(A) No structure containing an adult use, and no sign advertising its location or existence, shall be located within 300 feet of the property line of any property which is zoned residential or used for residences, churches, schools, parks or another adult use;
(B) In accordance with § 11-5-1.5 of the Illinois Municipal Code, no adult entertainment facility shall be located within 1,000 feet of the property boundaries of any school, day care center, cemetery, public park, forest preserve, public housing and place of religious worship; and/or
(C) No adult use shall be located in a building in which there is an establishment selling alcoholic liquors.
(Prior Code, § 153.003) (Ord. 2001-014, passed 8-6-2001) Penalty, see § 110.99
No permit shall be issued to a person who has been convicted of any felony or misdemeanor involving prostitution, obscenity or other offense of a sexual nature or to a business entity, any manager or owner of 5% or more of the interest of which has been convicted of such a crime.
(Prior Code, § 153.004) (Ord. 2001-014, passed 8-6-2001)
(A) Permits for constructing or occupying an adult use shall be issued only after the following review process. The applicant shall apply to the Zoning Administrator for the permit; the application shall be accompanied by a $500 application fee. The application shall be on a form designated by the Zoning Administrator.
(B) The Zoning Administrator shall provide a copy of the application to the Chief of Police, and shall process the portion of the application marked “for Zoning Administrator’s review” and shall forward the application to the Plan Commission for review. Within 60 days of filing, the Plan Commission shall conduct a review of the application for conformance with the zoning subdivision and this chapter. The Plan Commission shall render a recommendation to the Village Board as to whether the proposed adult use conforms with all village ordinances and may recommend conditions on the development and operation of the adult use related to site plan, floor plan, construction materials, lighting, parking and circulation, ingress and egress, landscaping and screening, and signage in order to assure that the design and operation of the adult use is in conformance with all village ordinances and is compatible with surrounding uses.
(Prior Code, § 153.005) (Ord. 2001-014, passed 8-6-2001)
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