As used in this chapter, the following terms
shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its sales or stock-in-trade books, magazines, films for 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 matters depicting, describing or relating to specified
sexual activities or specified anatomical areas, or an establishment
with a 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 material.
ADULT CLUB
A public or private establishment a primary purpose of which
is to provide members or guests with a venue to perform any one or
more specified sexual activities with other members or guests.
ADULT ENTERTAINMENT CABARET
A public or private establishment which (i) features topless
dancers, strippers, "go-go" dancers, male or female impersonators,
lingerie or bathing suit fashion shows; (ii) not infrequently features
entertainers who display specified anatomical areas; or (iii) 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 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 sexual activities or specified anatomical areas
for observation by patrons therein.
ADULT NOVELTY STORE
An establishment having a substantial or significant portion
of its sales or stock-in-trade consisting of toys, devices, clothing
novelties, lotion and other items distinguished or characterized by
their emphasis on or use for specialized sexual activities or specified
anatomical areas or an establishment that holds itself out to the
public as a purveyor of such materials based upon its signage, advertising,
displays, actual sales, exclusion of minors from the establishment's
premises or any other factors showing the establishment's primary
purpose is to purvey such material.
ADULT USE
Adult bookstores, adult motion-picture theaters, adult entertainment
cabarets, adult novelty stores, adult clubs, and other similar uses
of property within the Village.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(4)
Female breasts below a point immediately above the top of the
areola; and
B.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in the state of sexual stimulation or arousal;
B.
Acts of human masturbation, sexual intercourse or sodomy;
C.
Fondling or other erotic touching of human genitals, public
region, buttock or female breasts; or
D.
Excretory functions as part of or in connection with any of
the foregoing activities.
No liquor license shall be issued and no liquor
shall be sold or consumed on the premises of an adult use.
Adult uses are permitted only in areas zoned
I-2 (Heavy Industrial District) under and pursuant to the provisions
of Article VIII, Industrial District Regulations, §
320-38, of
Chapter
320, Zoning, provided:
A. No adult use shall be located within 500 feet of any
property which is zoned residential or used for residences, churches,
schools, parks or other adult use.
B. No adult use shall be located in a building in which
there is an establishment selling alcoholic liquors.
Within 30 days of receipt of the recommendation
of the Zoning Board of Appeals, the Village Board shall, by ordinance
or resolution, grant or deny the permit. The Village Board's action
shall specify the location, by legal description and common address,
of the adult use, and shall specify the nature of the adult use permitted.
The Village Board may place conditions on the adult use. The Village
Board's determination is a final agency action subject to administrative
review.
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.
An adult use permit is specific to a location
and to a use. No adult use may be enlarged, nor the nature of the
adult use changed, without the owner and manager thereof securing
a new permit. The application for said new permit shall be accompanied
by an application fee in an amount set forth in Chapter
155, Fees.
Persons found guilty of violating this chapter
shall, upon conviction thereof, be subject to a fine of not less than
$250 nor more than $750. Each day a violation occurs shall be deemed
a separate offense. Where a corporation or limited liability company
owns or operates an adult use, all officers, directors, managers and
employees who knowingly participated in management decisions shall
be liable to the same extent as the corporation.