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 such materials, or an establishment that holds itself out to the public as a purveyor of such 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 such material.
ADULT ENTERTAINMENT CABARET: A public or private establishment which regularly features: a) persons who appear in a state of nudity; or b) live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or c) films, motion pictures, videocassettes, slides or other photographic or computer reproductions which are characterized by the depictions or descriptions of "specified sexual activities" or "specified anatomical areas".
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", lotions and other items distinguished or characterized by their emphasis on or use for "specified sexual activities" or "specified anatomical areas" or an establishment that holds itself out to the public as a purveyor of such 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 such material.
ADULT USE: Adult bookstores, adult motion picture theaters, adult entertainment cabarets, adult clubs allowing nudity at regular or frequent times, adult novelty stores and other similar uses.
EMPLOYEE: Means and includes employees, independent contractors or any other person who is retained by the licensee or subject to dismissal from working at the licensed premises.
ESTABLISHED OR ESTABLISHMENT: Means and includes any of the following:
A. The opening or commencement of any sexually oriented business as a new business;
B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
C. The addition of any sexually oriented business to any other existing sexually oriented business; or
D. The relocation of any sexually oriented business.
LICENSEE: A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license.
NUDITY, OR STATE OF NUDITY: Means and includes the showing of the human male or female genitals, pubic area, female breasts with less than a full opaque covering below a point immediately above the top of the areola, human male genitals in a discernibly turgid state even if completely and opaquely covered or, that portion of the buttocks which would be covered by a properly worn "thong" type bikini bottom.
OPERATE OR CAUSES TO BE OPERATED: To cause to function or to put or keep in operation.
OPERATOR: Means and includes any person on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business, or who causes to function or who puts or keeps in operation the business. 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 the business.
PERSON: Means and includes any individual, proprietorship, partnership, corporation, association, or other legal entity.
PUBLIC PLACE: Means and includes any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public places include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not for profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), hotels, motels, restaurants, nightclubs, country clubs, cabarets, and meeting facilities utilized by social, fraternal or similar organizations. Premises used solely as a private residence, whether permanent or temporary in nature, shall not be deemed a public place. Public places shall not include enclosed single sex public restrooms, enclosed single sex functional showers, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctors' offices, churches, synagogues or similar places when used for circumcisions, baptisms or similar religious ceremonies, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home; nor shall it include a person appearing in a state of nudity in a modeling class operated by a proprietary school licensed by the state or by a college, junior college or university supported entirely or partly by taxation, or by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or a university supported entirely or partly by taxation or an accredited private college.
SEMINUDE: Means and includes 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.
SEXUALLY ORIENTED BUSINESS: A business that includes an adult use.
SPECIFIED ANATOMICAL AREAS: Means and includes:
A. Less than completely and opaquely covered: 1) human genitals, 2) pubic region, 3) buttocks, 4) anus, 5) female breasts below a point immediately above the top of the areola; and
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED CRIMINAL ACTIVITY: Means and includes any of the following offenses:
A. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a minor; possession or distribution of child pornography; public lewdness; public indecency; indecency with a child; engaged in organized criminal activity; sexual assault; molestation of a child; gambling; distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of the state of Illinois or other states or countries;
B. For which: 1) less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or 2) less than five (5) years have elapsed since the date of conviction or the date of release from confinement for conviction, whichever is the later date, if the conviction is a felony offense; or 3) less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement from the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurred within any twenty four (24) month period; and
C. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITIES: For the purposes of this chapter, "specified sexual activity" means and includes: a) human genitals in the state of sexual stimulation or arousal; b) human masturbation, sexual intercourse, sodomy, oral copulation, artificial or simulated; c) fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; and d) excretory functions as part of or in connection with any activities set forth in this definition.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Means and includes any of the following:
A. The sale, lease, or sublease of the business;
B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
C. 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. 3205, 11-15-2004)