For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"SEXUALLY ORIENTED BUSINESSES." Those businesses defined as follows:
(1) "ADULT ARCADE." An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly used to show 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."
(2) "ADULT BOOKSTORE," "ADULT NOVELTY STORE" or "ADULT VIDEO STORE." A commercial establishment which has as a significant or substantial portion of its stock-in-trade in any one or more of the following, or derives a significant or substantial portion of its revenues from, or devotes a significant or substantial portion of its interior business or advertising to the sale or rental for any form of consideration, of any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "SPECIFIED SEXUAL ACTIVITIES" or "SPECIFIED ANATOMICAL AREAS";
(b) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.
(c) An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing "SPECIFIED SEXUAL ACTIVITIES" or "SPECIFIED ANATOMICAL AREAS," and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "SPECIFIED ANATOMICAL AREAS" or "SPECIFIED SEXUAL ACTIVITIES."
(3) "ADULT CABARET." A nightclub, bar, restaurant “bottle club,” carwash, maid service, or similar commercial establishment or business, whether or not alcoholic beverages are served, which regularly features: (a) persons who appear semi-nude or in a state of semi-nudity; (b) live performances which are characterized by the exposure of "SPECIFIED ANATOMICAL AREAS" or by pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "SPECIFIED SEXUAL ACTIVITIES" or "SPECIFIED ANATOMICAL AREAS." An "ADULT CABARET" also includes any business which offers as part of its services or entertainment and for any type of consideration, dancing with any patron intended for the sexual stimulation of the patron, by an employee or person hired by the business, while the employee is in any state of dress or undress.
(4) "ADULT MOTEL." A motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, which provides patrons 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 which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television; or (b) offers a sleeping room for rent for a period of time less than ten hours; or (c) allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.
(5) "ADULT MOTION PICTURE THEATER." A commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of "SPECIFIED SEXUAL ACTIVITIES" or "SPECIFIED ANATOMICAL AREAS" are regularly shown for any form of consideration.
(6) "ADULT THEATRE." A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by exposure of "SPECIFIED ANATOMICAL AREAS" or by "SPECIFIED SEXUAL ACTIVITIES."
(7) "ESCORT." A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(8) "ESCORT AGENCY." A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(9) “MASSAGE ESTABLISHMENT.” Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with “SPECIFIED SEXUAL ACTIVITIES,” or where any person providing such treatment, manipulation, or service related thereto, exposes his or her “SPECIFIED ANATOMICAL AREAS” or massages the “SPECIFIED ANATOMICAL AREAS” of the customer unless prescribed by a physician or registered physical and massage therapist. The definition of sexually oriented businesses shall not include massage establishments licensed and lawfully operating under Chapter 129I of this title XI, or the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
(10) "SEMI-NUDE MODEL STUDIO." Any place where a person who regularly appears in a state of semi-nudity or nudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
(11) "SEXUAL ENCOUNTER ESTABLISHMENT." A business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "SPECIFIED SEXUAL ACTIVITIES" when one or more of the persons is semi-nude or nude. The definition of "SEXUALLY ORIENTED BUSINESSES" shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
"EMPLOYEE." A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business or is paid solely by tips from customers.
"ESTABLISHMENT." 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 of the sexually oriented businesses defined in this chapter;
(3) The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or
(4) The relocation of any such sexually oriented business; or
(5) The addition of a sexually oriented business to an existing business which is not a sexually oriented business.
"NUDITY" or "STATE OF NUDITY."
(1) The appearance of human bare buttock, anus, male genitals, female genitals, pubic region, or the areola or nipple of the female breast; or
(2) A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
"OPERATOR." The owner, permit holder, custodian, manager, operator or person in charge of any permitted, licensed, or unlicensed premises.
"PERMITTED" or "LICENSED PREMISES." Any premises that requires a permit and/or license and that is classified as a sexually oriented business.
"PERMITTEE" and/or "LICENSEE." A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
"PERSON." An individual, proprietorship, partnership, corporation, association, or other legal entity of any kind.
"PUBLIC BUILDING." Any building owned, leased or held by the United States, the state, the county, the village, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.
"PUBLIC PARK" or "RECREATION AREA." Any public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the village which is under the control, operation, or management of the village or the park and recreation authorities.
"RELIGIOUS INSTITUTION." Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
"RESIDENTIAL DISTRICT" or "USE." An area containing single family homes, duplexes, townhouses, multiple family units, a mobile home park or subdivision, and campground, as defined in the Village Zoning Ordinance.
"SCHOOL." Any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. "SCHOOL" includes the school grounds, administrative facilities, and the facilities used primarily for other purposes by the school.
"SEMI-NUDE" or "SEMI-NUDITY." 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." An adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theatre, adult theatre, massage parlor, sexual encounter establishment, escort agency or semi-nude or nude model studio.
"SPECIFIED ANATOMICAL AREAS." Includes any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
"SPECIFIED CRIMINAL ACT." Includes any criminal act or conduct as defined in the Illinois Criminal Code, United States Code, Criminal Code of any other state; Criminal Code of any United States Territory; or the Village of Tinley Park Code which is defined as or has as one of its elements any of the following:
(1) Exploitation of a minor;
(2) Sexual penetration;
(3) Sexual touching;
(4) Pornographic images of a minor;
(5) Incest;
(6) Public sexual activity or indecency;
(7) Prostitution or solicitation of prostitution;
(8) Tax evasion or criminal tax non-payment;
(9) Pimping;
(10) Pandering; and
(11) Attempt, solicitation, or conspiracy of any item on the foregoing list.
"SPECIFIED SEXUAL ACTIVITIES." Includes any of the following:
(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or
(3) Masturbation, actual or simulated; or
(4) Human genitals in a state of sexual stimulation, arousal or tumescence; or
(5) Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (4) of this definition.
"SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS." An increase in the floor areas occupied by the business by more than 15%.
"TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS." Includes any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities or objects signifying ownership which constitute a substantial or controlling interest in the business, whether by sale, exchange, gift, or similar means;
(3) The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
(Ord. 98-0-011, passed 3-3-98; Am. Ord. 2015-O-060, passed 12-1-15)