§ 119.003  DEFINITIONS.
   For the purposes of this chapter, the following terms, phrases and words shall have the meanings given here.
   ADULT BOOTH.  Any area of an adult entertainment establishment set off from the remainder of the 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 ESTABLISH- MENT.  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;
         (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; or
         (c)   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:
         (a)   Contains one or more adult booths;
         (b)   As a significant portion of its business offers for sale, rental or viewing any adult materials; or
         (c)   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:
         (a)   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
         (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.
   ADULT ESTABLISHMENT EMPLOYEE.  Any individual, including entertainers, who works in or at, or renders any services directly related to the operation of, an adult entertainment establishment; provided, however, that this definition shall not include persons 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 the adult entertainment establishment is open for business, provided, however, that this definition shall not include persons 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 reprinted matter or digitally-stored materials;
      (2)   Films, motion pictures, video or audio cassettes, slides, computer displays other visual representations or recordings of any kind, that are distinguished or characterized by an emphasis on the exposures, depiction or description of specified anatomical areas, or the conduct or simulation of specified sexual activities; and/or
      (3)   Instruments, novelties, devices or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.
   ADULT USE COMMISSION.  A commission appointed by the County Executive with the advice and consent of the County Board pursuant to §§ 119.020 and 119.021 of this chapter.
   COMMERCIAL ESTABLISHMENT.  Any place where admission, services, performances or products are provided for or upon payment of any form of consideration.
   COUNTY ZONING ORDINANCE.  The ordinance known and referred to as the Will County Zoning Ordinance, 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 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.
   NUDE or STATE OF NUDITY.  A state of dress or undress that exposes to view:
      (1)   Less than completely and opaquely covered human genitals, pubic region, anus or female breast below a point immediately above the top of the areolae, 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 areolae is not exposed; or
      (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.
   REVIEWING DEPARTMENT AND COMMISSIONS.  Office of the County Sheriff, the County Health Department, the County Land Use Department, the County Adult Use Commission and the County Planning and Zoning Commission.
   SEMI-NUDE.  A state of dress or undress in which clothing covers no more than the genitals, pubic region and areolae 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 areolae, 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 areolae is not exposed; or
      (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 II of the Illinois Criminal Code (sex offenses);
      (2)   ILCS Ch. 720, Act 5, § 26-4 (unauthorized videotaping);
      (3)   ILCS Ch. 720, Act 5, § 12C-30 (contributing to the criminal delinquency of a juvenile);
      (4)   The Obscene Phone Call Act, being ILCS Ch. 720, Act 135, §§ 0.01 et seq.;
      (5)   The Wrongs to Children Act, being ILCS Ch. 720, Act 150, §§ 0.01 et seq.;
      (6)   The Improper Supervision of Children Act, being ILCS Ch. 720, Act 640, §§ 001 et seq.;
      (7)   The Sale of Immoral Publications to Children Act, being ILCS Ch. 720, Act 670, §§ 0.01 et seq.;
      (8)   The Cannabis Control Act, being ILCS Ch. 720, Act 550, §§ 1 et seq.; and
      (9)   The State Controlled Substances Act, being ILCS Ch. 720, Act 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;
      (3)   Masturbation, actual or simulated;
      (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 divisions (1) through (4) of this definition.
   STRADDLE DANCE.  The use by any person, including specifically, but without limitation, any 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.
(1980 Code, § 119.003)  (Res. 99-320, passed 8-19-1999)