§ 1282.38   ADULT ENTERTAINMENT FACILITIES.
   (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 these sections to regulate adult entertainment businesses, as defined herein, so to prevent crime, to protect the village’s retail trade and property values, and in general, to preserve the quality of life in the village and not suppress First Amendment rights of speech.
   (b)   Definitions.  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ADULT BOOKSTORE.  An establishment which utilizes 10% 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 electronically, electrically or mechanically controlled still 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 adult materials as defined in this section.
      ADULT ENTERTAINMENT BUSINESS.  An adult bookstore, adult motion picture theater, adult drive-in motion picture theater or an adult-only entertainment establishment as further defined in this section.
      ADULT MATERIAL.  Any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, videotape, phonographic record or tape, other tangible thing or service, capable of arousing interest through sight, sound or touch, and:
         A.   Which material is distinguished or characterized by an emphasis on matter displaying, describing or representing sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination; or
         B.   Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination.
      ADULT MOTION PICTURE DRIVE-IN THEATER.  An open air drive-in theater which is regularly used or utilizes 10% or more of its total viewing time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
      ADULT MOTION PICTURE THEATER.  An enclosed motion picture theater which is regularly used or utilizes 10% or more of its total viewing time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
      ADULT-ONLY ENTERTAINMENT ESTABLISHMENT.  An establishment where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines or gyrational choreography of persons totally nude, topless, bottomless or strippers, male or female impersonators or similar entertainment or services which constitute adult material.
      BOTTOMLESS.  Less than full opaque covering of male or female genitals, pubic area or buttocks.
      NUDE or NUDITY.  The showing, representation or depiction of human male or female genitals, pubic area or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
      SEXUAL ACTIVITY.  Sexual contact or sexual conduct, or both.
      SEXUAL CONTACT.  Any touching of an erogenous zone of another, including without limitation, the thigh, genitals, buttock, pubic region or, if the person is a female, the breast, for the purpose of sexually arousing or gratifying either person.
      SEXUAL EXCITEMENT.  The condition of the human male or female genitals, when in a state of sexual stimulation or arousal.
      TOPLESS.  The showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
   (c)   Conditional use permit.  No person shall cause or permit the establishment (defined as the opening of a new business, relocation of an existing business or the conversion of an existing business) of an adult entertainment business unless authorized by the issuance of a conditional use permit in accordance with Chapter 1252.  In addition, an adult entertainment business shall comply with the following conditional use criteria.
      (1)   Adult entertainment businesses shall be conditionally permitted only in an I-1 Light Industrial-Business District and shall comply with all regulations within such district.
      (2)   No adult entertainment business shall be located within 1,000 feet of any village residential district or any residential property line, church. park, preschool or school located within the village.
      (3)   No adult entertainment business shall be permitted in a location which is within 1,000 feet of another adult entertainment business.
   (d)   Permit guidelines.  An adult entertainment business shall be issued a conditional use permit only if the establishment of the business is in accordance with the conditional use permit standards as set forth in § 1252.05, as well as the rules and regulations of this section.
(Ord. 652, passed 11-8-1999)