(A) Purpose. The purpose of this section is to promote the public health, safety and welfare through the regulation of adult entertainment businesses. It is the intent of this section to regulate businesses, as defined herein, in such a manner as to prevent the erosion of the character of the surrounding neighborhoods and to prohibit the establishment of such businesses within close proximity to existing adult entertainment businesses, residential areas, schools, churches, parks and playgrounds within the village.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT FACILITY. Any establishment which is involved in one or more of the following listed categories.
(a) ADULT BOOK STORE. An establishment which utilizes 15% or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or motion picture machines, projectors or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on specified sexual activities or specified anatomical areas as defined below.
(b) ADULT ENTERTAINMENT BUSINESS. Any establishment involved in the sale or services of products characterized by the exposure or presentation of specified anatomical areas or physical contact of live male or females, and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of adult entertainment business are photography, dancing, reading, massage and similar functions which utilize activities as specified above.
(c) ADULT MOTION PICTURE. A facility for the display of motion pictures which is regularly used or utilizes 15% or more its total viewing time for presenting material distinguished or characterized by an emphasis to specified sexual activities or specified anatomical areas, for observation by patrons therein.
FINE ART GALLERY. Any display of art work which is individually crafted and signed by the artist or which is limited in edition to 1,000 or less.
SEXUALLY EXPLICIT NUDITY. The sexually oriented and explicit showing of nudity, including, but not limited to, close-up views, poses or depiction in such position or manner which present or expose such nudity to prominent, focal or obvious viewing attention.
SADOMASOCHISTIC SEXUAL ABUSE. Actual or simulated flagellation, rape, torture or other physical or sexual abuse, by or upon a person who is nude or partially denuded, or the condition of being fettered, bound for sexual gratification or abuse or represented in the context of a sexual relationship.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(a) Less than completely covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola; and
(b) Human male genitals in a discernible turgid state.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts, real or simulated, or human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio or sadomasochistic sexual abuse; and
(c) Fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts.
VISIBLY DISPLAYED. The material is visible on a billboard, viewing screen marquee, newsstand, display rack, window, show case, display case or other similar display area that is visible from any part of the general public or otherwise, or that is visible from any part of the premises where a juvenile is or may be allowed, permitted or invited, as part of the general public or otherwise, or that is visible from a public street, sidewalk, park, alley, residence, playground, school or other place to which juveniles, as part of the general public or otherwise, has unrestrained and reasonable anticipated access and presence.
(C) Exceptions. Nothing in this section shall be construed to pertain to:
(1) The purchase, distribution, exhibition and/or loan of any work of art, book, magazine or other printed material or manuscript by an accredited museum, library, fine art gallery, school or museum of higher learning; and
(2) The exhibition and/or performance of any play, drama tableau or motion picture by any theater, museum, library, fine art gallery, school or institution of higher learning either supported by public appropriation or which is an accredited institution supported by private funds.
(D) Location. Adult entertainment facilities are to be considered a conditional use in the SB District, and are additionally subject to the following conditions.
(1) No adult entertainment facility shall be established within 1,000 feet of any residence or district where residences are a permitted use.
(2) No adult entertainment facility shall be established within a radius of 1,000 feet of any school, library or teaching facility, whether public or private, when such school, library or teaching facility is attended by persons under 18 years of age.
(3) No adult entertainment facility shall be established within a radius of 1,000 feet of any park or recreational facility attended by persons under 18 years of age.
(4) No adult entertainment facility shall be established within a radius of 1,000 feet of any church, synagogue or permanently established place of religious services attended by persons under 18 years of age.
(5) No adult entertainment facility shall be established within a radius of 1,000 feet of any other adult entertainment facility.
(6) No advertisements, displays or other promotional materials displaying specified sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semi-public areas.
(7) All building openings, entries, windows and the like for adult entertainment uses shall be located, covered or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street.
(8) No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned from public or semi-public area.
(Ord. 97-5, passed 8-4-1997)