A. Findings: The president and board of trustees make the following findings:
1. It is uncontested that the village may regulate, through its zoning power, the location of sexually explicit businesses;
2. Zoning, when used to preserve the character of the residential and commercial areas of the village, is perhaps the most essential function performed by the village;
3. M1 Limited Manufacturing Districts and M2 General Manufacturing Districts, wherein adult uses would be permitted uses under these regulations, comprise approximately thirty five percent (35%) of the total land area of the village zoned for commercial or business uses;
4. The village is predominately a single-family residential community with approximately eighty six percent (86%) of the total land area of the village zoned and used for residential, school, park, library and governmental purposes;
5. The plan commission held a public hearing, reviewed the experiences of other municipalities, counties and units of local government relative to adult uses;
6. The proposed regulation of adult uses serves a substantial governmental interest, while allowing for reasonable alternative avenues of communication;
7. The Illinois Supreme Court has judicially confirmed that the regulation of adult uses serves a valid governmental interest;
8. The proposed regulations are not aimed at the content of adult entertainment, but at the secondary effects associated with it including, but not limited to:
a. An increase in crime rates, particularly those that are sex-related;
b. A negative impact on the real estate market where adult entertainment is offered; and
c. Urban blight as a result of the decrease in property values.
In attempting to curb these secondary effects, the regulations serve the village's substantial interest in the health, safety and welfare of the people of the village; and
9. The detailed findings summarized in the U.S. Supreme Court opinion in City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925 (1986), the Illinois Supreme Court opinion in County of Cook v. Renaissance Arcade and Bookstore, 122 Ill.2d 123 (1988), and the United States District Court, Eastern Division of Michigan opinion in S&G News, Inc. v. City of Southgate, 638 F. Supp. 1060 (E.D. Mich. 1986) aff'd 819 F.2d 1142 (6th Cir. 1987), were before the plan commission when it recommended the adoption of these regulations.
B. Purpose Of Regulations: These regulations are aimed at the secondary effects of adult uses, and not at the content of the activities performed at such uses. In addition, these regulations are based on the village's substantial interest in preventing crime, protecting retail trade, maintaining property values, and generally to protect and preserve the quality of the village's neighborhoods, commercial districts, and the quality of urban life. Furthermore, it is not the purpose of these regulations to deny anyone a reasonable opportunity to open and operate adult uses within the village. The predominate purpose of these regulations is the amelioration of socially adverse secondary effects of adult uses. Finally, the Illinois Supreme Court has judicially confirmed that the purpose of these regulations as hereinafter provided serves a valid governmental interest.
C. Definitions:
ADULT BOOKSTORE: An establishment having, as a substantial or significant portion of its sales or stock in trade, books, magazines, films for rent, sale or for viewing on premises by use of motion picture devices or by coin-operated means, and periodicals, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas, or an establishment with a substantial or significant segment or section devoted to the sale or display of such materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin-operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such materials.
ADULT ENTERTAINMENT CABARET: A public or private establishment which:
1. Features topless dancers, strippers, or male or female impersonators; or
2. Not infrequently features entertainers who display specified anatomical areas; or
3. Features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron; or
4. Features entertainers who engage in or are engaged in explicit simulation of specified sexual activities.
ADULT MOTION PICTURE THEATER: A building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified activities or specified anatomical areas for observation by patrons therein.
ADULT USE: Adult bookstores, adult motion picture theaters, adult entertainment cabarets, and/or other similar uses.
SPECIFIED ANATOMICAL AREAS: For the purpose of this chapter, "specified anatomical areas" means:
1. Less than completely and opaquely covered human genitals, pubic region, buttock, or female breasts below a point immediately above the top of the areola; and/or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: For the purpose of this chapter, "specified sexual activities" means:
1. Human genitals in the state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy; and/or
3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
D. Location: Adult uses are permitted uses only in the M1 Limited Manufacturing District or M2 General Manufacturing District.
E. Registration: The owner of any building or premises, said owner's agent for the purposes of managing, controlling or collecting rents, or any other person managing or controlling any building or premises used in whole or in part for an adult use, shall register the following information with the village clerk:
1. The address of the premises;
2. The name(s) and addresses of the owner(s) of the premises and the beneficial owner(s) if the property is in a land trust;
3. The name of the business or establishment;
4. The name(s) and address(es) of the owner(s), beneficial owner(s) and/or the major stockholder(s) of the business or establishment;
5. The date of the initiation of the adult use;
6. The nature of the adult use;
7. If the premises or building is leased, a copy of said lease must be attached to the registration form.
F. Exterior Display: No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.
G. License Required; Fees: No person shall operate adult uses within the village without first applying for an adult uses license therefor. The initial fee for an adult uses license shall be three thousand dollars ($3,000.00), which fee shall accompany the application for such a license. An adult materials license shall expire on December 31 of each year. Thereafter, the license shall be renewable upon the payment of an annual fee of one thousand six hundred fifty dollars ($1,650.00). No license fee shall be prorated for a portion of a year. An adult uses license shall be nontransferable and shall be issued only for one specific business location. (Ord. 96-12, 6-4-1996)