For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All words and phrases used, which are not defined herein, shall have the meaning ascribed to such words and phrases in common usage.
ADULT BUSINESS. Any establishment having as a substantial or significant portion of its stock in trade or business activity in a use such as, but not limited to, the following: adults-only bookstores; adults-only motion picture theaters; adult entertainment centers; massage parlors; rap parlors; adult-only cabarets; or adult-only saunas; where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ADULT ENTERTAINMENT BUSINESS. Synonymous with ADULT BUSINESS, as defined herein.
ADULT ENTERTAINMENT CENTER. An enclosed building or park or part of an enclosed building, which contains one or more coin-operated mechanisms which when activated permit a customer to view a live, or video of person nude or in such attire, costume, or clothing as to expose to view the human male or female genitalia; pubic hair; buttocks; perineum; anal or pubic regions; or female breast, at or below the areola thereof or permits the viewing of a live person or video, in the above described manner, after paying of any admission or fee for the viewing of same.
ADULTS-ONLY. Any items or activities emphasizing, depicting, describing or relating to nudity, explicit sexual conduct (whether auto-erotic, heterosexual, homosexual, or otherwise), bestiality or sadomasochistic activity.
ADULTS-ONLY BOOKSTORE. An adults-only establishment having as a substantial or significant portion of its stock in trade, books, magazines, films, for sale or viewing on premises by use of motion picture devices or other coin-operated means, and other periodicals which are distinguished or characterized by their principal emphasis on matter depicting, describing, or relating to nudity, explicit sexual conduct (whether auto-erotic, heterosexual, homosexual, or otherwise), bestiality, sadomasochistic activity. An establishment, having adults-only items as a substantial or significant portion of its stock that sells or displays adult-only items for sale patrons therein.
ADULTS-ONLY CABARET. An establishment or place primarily in the business of featuring topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ADULTS-ONLY MOTION PICTURE THEATER. An enclosed building used regularly and routinely for presenting adult-only material distinguished or characterized by an emphasis on matter depicting, describing, or relating to nudity, explicit sexual conduct (whether auto-erotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity, for observation by patrons therein.
BOOTH. Any enclosure that is specifically offered to patrons of an adult business for the private viewing of any adults only item or movie. Said definition does not include enclosures that are used as private offices by any operator, employee, or agent for attending to the tasks of their employment and are not offered for use by the public.
CUBICAL. Synonymous with BOOTH as defined herein.
DOOR. Full, complete, non-transparent closure device that obscures the view or activity taking place within the enclosure.
MASSAGE PARLOR. An establishment or place primarily in the business of providing massage services, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
NUDITY. The display of the human male or female genitalia; pubic hair; buttocks; perineum; anal or pubic regions; female breast, at or below the areola thereof, with no covering or with less than fully opaque covering; or, male genitalia without covering, or with less than fully opaque covering or male genitalia in a discernible turgid state, with or without covering.
OBSCENE. Any material or performance is obscene if:
(1) The average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest;
(2) The average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimately sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and
(3) Taken as a whole, it lacks serious literary, artistic, political, or scientific value.
(720 ILCS 5/11-20)
OPERATOR. Any person (whether said persons be an individual, partner, corporation, joint stock company, fiduciary, officer, director, stockholder, employee, or manager), that conducts, maintains, or owns any adult business.
PATRON. Any customer, patron, or visitor to an adult business who is not employed by any operator or said establishment.
RAP PARLOR. An establishment or place primarily in the business of providing non-professional conversation or similar services for adults, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ROOM. Synonymous with BOOTH, as defined herein.
SADOMASOCHISTIC ACTIVITY. Flagellation or torture by or upon a nude person; a person clad in undergarments, a mask or costume. In addition, the condition of being fettered, bound, or otherwise physically restrained with the intent to stimulate or arouse sexually the initiator and/or the recipient and or the viewer of said activity.
SAUNA. An establishment or place primarily in the business or providing a steam bath and/or massage services, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
SELL. Includes to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell.
SEXUAL CONDUCT. Ultimate sex acts (whether auto-erotic, heterosexual, homosexual, or otherwise), bestiality, or sadomasochistic activity. In addition, physical contact, intended to stimulate or arouse sexually the initiator and/or the recipient, with the person’s clothed or unclothed genitalia, buttocks, perineum, anal or pubic regions, or female breast.
UNDERAGE. Any person under 18 years of age, the legally minimum age at which one can purchase or view adults only items.
(720 ILCS 5/11-20)
WALL SIGN. Any flat sign which is placed against a building or other structure and attached thereto in such a manner that only one side is visible.
(Prior Code, § 129.01) (Ord. 05-06, passed 6-6-2005)