For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOTH. Any area of an adult entertainment establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
ADULT ENTERTAINMENT ESTABLISHMENT. Any of the following commercial establishments, as defined herein.
(1) ADULT CABARET. Any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:
(a) Persons who appear semi-nude; and/or
(b) Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
(2) ADULT STORE. Any commercial establishment that contains one or more adult booths: that as a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or that has a segment or section devoted to the sale or display of adult materials.
(3) ADULT THEATER. Any commercial establishment that as a substantial or significant portion of its business features or provides: films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities; or live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(4) BODY SHOP or MODEL STUDIO. Any commercial establishment which describes itself as a body shop or model studio, or where for any form of consideration or gratitude, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, or where for any form of consideration or gratuity, nude or seminude dancing, readings, counseling sessions, body painting, and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical area are provided for observation by or communication to persons paying such consideration or gratuity.
(5) MASSAGE ESTABLISHMENT. Any commercial establishment having a fixed place of business where any person, firm, association, or corporation engages in, or carries on any of the activities mentioned in the definition of massage. MASSAGE ESTABLISHMENTS operated by a sole proprietor and no more than one employee shall not be considered a massage establishment for purposes of regulation under this chapter.
ADULT ESTABLISHMENT EMPLOYEE. Any individual, including entertainers, who work in or at, or render any services directly related to the operation of, an adult entertainment establishment whether or not an employee under the Internal Revenue Code; provided, however, that this definition shall not include a person, who is not an employee under the Internal Revenue Code, delivering goods, materials (other than adult materials), food, and beverages, or performing maintenance or repairs, to the licensed premises.
ADULT ESTABLISHMENT LICENSE. A license issued for an adult entertainment establishment pursuant to the provisions of this chapter.
ADULT ESTABLISHMENT PATRON. Any individual, other than an adult establishment employee, present in or at any adult entertainment establishment at any time when such adult entertainment establishment is open for business; provided, however, that this definition shall not include a person who is not an employee under the Internal Revenue Code, delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or repairs, to the licensed premises.
ADULT MATERIAL. Any of the following, whether new or used:
(1) Books, magazines, periodicals, or other printed matter, or digitally stored materials, films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind, that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities; and/or
(2) Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.
COMMERCIAL ESTABLISHMENT. Any place where admission, services, performances, or products are provided for or upon payment of any form of consideration.
COUNTY ZONING CODE. The ordinance known and referred to as the Tazewell County Zoning Code, as it may be amended from time to time.
DAYS. Calendar days, unless otherwise specifically set forth in this chapter.
LICENSED PREMISES. The place or location described in an adult establishment license where an adult entertainment establishment is authorized to operate. No sidewalks, streets, parking areas, public rights-of-way, or grounds adjacent to any such place or location shall be included within the LICENSED PREMISES.
LICENSEE. Any person or entity that has been issued an adult establishment license pursuant to the provisions of this chapter.
MASSAGE. Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or similar preparations commonly used in this practice.
NUDE or STATE OF NUDITY. A state of dress or undress that exposes to view: less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed; or human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
REVIEWING DEPARTMENTS. Office of the County Sheriff, the County Health Department, and the County Zoning Department.
SEMI-NUDE. A state of dress or undress 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 or by other minor accessory apparel such as hats, gloves, and socks.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
SPECIFIED CRIMINAL ACT. Any unlawful lewd, indecent, or immoral conduct including specifically, but without limitation, any of the lewd, indecent, or immoral criminal acts specified in any of the following statutes:
(1) Article 11 of the state’s Criminal Code (sex offenses), being 720 ILCS 5/11-0.1 through 11-45;
(2) Section 264 of the state’s Criminal Code, 720 ILCS 5/26-4 (unauthorized videotaping);
(3) Section 33D-l of the state’s Criminal Code, 720 ILCS 5/12C-30 (contributing to the criminal delinquency of a juvenile);
(4) The Harassing and Obscene Communications Act, 720 ILCS 5/26.5-0.1 et seq.;
(5) The Wrongs to Children Act, 720 ILCS 150/0.01 et seq.;
(6) The Improper Supervision of Children Act, 720 ILCS 640/0.01 et seq.;
(7) The Sale of Immoral Publications to Children Act, 720 ILCS 670/0.01 et seq.;
(8) The Cannabis Control Act, 720 ILCS 550/1 et seq.; and
(9) The state’s Controlled Substances Act, 720 ILCS 570/100 et seq.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy, bestiality, or flagellation;
(3) Masturbation, actual or simulated;
(4) Human genitals in a state of sexual stimulation, arousal, or tumescence; and/or
(5) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (4) above.
STRADDLE DANCE. The use by any person, including specifically, but without limitation, an adult establishment employee, of any part of his or her body to touch the genitals, pubic region, buttock, anus, or female breast of any adult establishment patron or any other person, or the touching of the genitals, pubic region, buttock, anus, or female breast of any person by any adult establishment patron. Conduct shall be a STRADDLE DANCE regardless of whether the touch or touching occurs while the person is displaying or exposing any specified anatomical area. Conduct shall also be a STRADDLE DANCE regardless of whether the touch or touching is direct or through a medium. Conduct commonly referred to by the slang terms lap dance, table dance, and face dance shall be included within this definition of STRADDLE DANCE.
(Prior Code, 7 TCC 2-3)