As used in this chapter, the following terms shall have the
meanings indicated:
EMPLOYEE
A natural person who performs any service or work on the
premises of a sexually oriented business, including, but not limited
to, providing entertainment, performing work of a management or supervisory
nature, or performing support functions, on a full-time, part-time
or contract basis, whether or not the person is denominated an employee,
independent contractor, agent, or otherwise and whether or not said
person is paid a salary, wage or other compensation by the operator
of said business. "Employee" does not include a person on the premises
exclusively for repair or maintenance of the premises or equipment
on the premises, or for the delivery of goods to the premises.
EMPLOYEE STATION
An area on the premises of a sexually oriented business designated
for occupancy exclusively by one or more employees whose duties include
assuring compliance with the provisions of this chapter.
EXCRETORY FUNCTIONS
Urination, defecation, lactation, ejaculation and menstruation.
It shall not mean urination and defecation performed in a public or
employee-only rest room in the manner in which those facilities are
intended to be used, when not performed or presented for a commercial
purpose. It shall not mean lactation as part of breast-feeding an
infant, unless performed or displayed for a commercial purpose other
than education and training in the art, science or technique of breast-feeding
an infant.
LICENSEE
With respect to a sexually oriented business license issued
under this chapter, a person in whose name a license to operate a
sexually oriented business has been issued, as well as the individual(s)
designated on the license application as principally responsible for
the operation of the sexually oriented business. With respect to a
sexually oriented business employee license issued under this chapter,
"licensee" means a natural person in whose name a license has been
issued authorizing employment in a sexually oriented business.
NUDITY or NUDE
Exposing to view specified anatomical areas or any device,
costume, or covering that gives the appearance of or simulates any
specified anatomical areas.
OPERATE or CAUSE TO BE OPERATED
To control or hold primary responsibility for the operation
of a sexually oriented business, either as a business entity, as an
individual, or as part of a group of individuals with shared responsibility.
It shall also mean to cause to function or to put or keep in operation.
A person may be found to be operating or causing to be operated a
sexually oriented business whether or not that person is an owner,
part owner or licensee of the business.
OPERATOR
Any person who operates or causes to be operated a sexually
oriented business.
PATRON
Any natural person who is not an employee.
PERSON
A natural person, proprietorship, partnership, limited-liability
company, firm, association, joint-stock company, joint venture, corporation
or combination of individuals of whatever form or character.
SEMI-NUDITY or SEMI-NUDE
Exposing to view, with less than a fully opaque covering,
any portion of the female breast below the top of the areola or any
portion of the buttocks. This definition shall include the entire
lower portion of the female breast, but shall not include any portion
of the cleavage of the female breast exhibited by a dress, blouse,
shirt, leotard, bathing suit, or other clothing, provided that the
areola is not exposed in whole or in part.
SEXUALLY ORIENTED BUSINESS
A.
Any of the following when done in a place where the public is
invited or permitted, or when done for any commercial purpose, including
sale and rental, regardless of who pays or receives the consideration
therefor, and regardless of the form of consideration:
(1)
Live exhibition or display of a natural person or people in
the state of nudity or semi-nudity, or engaged in specified sexual
activities or excretory functions.
(2)
Engaging in, promoting or permitting a natural person or people
to engage in specified sexual activities or excretory functions.
(3)
Offering of physical contact in the form of wrestling or tumbling
between natural persons of the opposite sex, when one or more of the
persons is nude or semi-nude.
(4)
Offering of products, services or activities by or with a natural
person or people when one or more of the people, whether a patron,
agent, employee or otherwise, is in a state of nudity or semi-nudity.
(5)
Displaying or offering to others any recorded depiction of a
natural person, or created image or character, as in cartoons and
animation, by any medium, including without limitation film, videotape,
closed-circuit television, digital video disc (DVD), laser disc, compact
disc (CD), floppy disc, photograph, slide, television, book, magazine,
and computer software, which is:
(a)
Characterized or distinguished by an emphasis on the depiction
or description of specified sexual activities, excretory functions,
or specified anatomical areas; or
(b)
Advertised or otherwise held out to the public as being characterized
or distinguished by an emphasis on the depiction or description of
specified sexual activities, excretory functions, or specified anatomical
areas, including, without limitation, the use of the term "adult"
and the use of the designation of one or more "X," such as, but not
limited to, "XXX."
(6)
The display and offering to others of novelties, instruments,
devices, or paraphernalia that are designed primarily for use in connection
with specified sexual activities or that give the appearance of or
simulate any of the specified anatomical areas.
B.
The term "sexually oriented business" shall exclude the following:
(1)
The display and offering to others of condoms, spermicide or
other nonprescription contraceptives.
(2)
The display and offering to others of drugs, instruments or
devices which require a prescription, that are designed primarily
for use in connection with specified sexual activities, and which
are in fact dispensed by or under the supervision of a pharmacist
licensed by the State of Illinois.
(3)
The display and offering to others of instruments, devices,
or paraphernalia that are designed primarily for use in connection
with specified sexual activities if they are displayed and offered
to others on the premises where a pharmacist licensed by the State
of Illinois is employed to dispense prescription drugs, instruments
or devices.
(4)
Breast-feeding an infant, unless performed or displayed for
a commercial purpose other than education and training in the art,
science or technique of breast feeding an infant.
(5)
The display and offering to others of motion pictures, by any
format, which have received a rating from the Motion Picture Association
of America of G, PG, PG-13, R or NC-17, when offered or displayed
substantially in their entirety.
(6)
Libraries and museums funded in whole or in part by federal,
state or local governmental funds.
(7)
The display and offering to others of items described in Subsection
A(5) of this definition, if and only if the display and offering are done for a commercial purpose, and all of the following apply to the business displaying and offering such items to others:
(a)
Less than 25% of its gross income comes from the sale, rental
or exhibition of the following types of items:
[1]
Items which are characterized or distinguished by an emphasis
on the depiction or description of specified sexual activities, excretory
functions, or specified anatomical areas or any combination thereof;
and
[2]
Items which are advertised or otherwise held out to the public
as being characterized or distinguished by an emphasis on the depiction
or description of specified sexual activities, excretory functions,
or specified anatomical areas or any combination thereof, including,
without limitation, the use of the term "adult" and the use of the
designation of one or more "X," such as, but not limited to, "XXX";
and
(b)
Less than 25% of its display space is used for the sale, rental
or exhibition of the following types of items:
[1]
Items which are characterized or distinguished by an emphasis
on the depiction or description of specified sexual activities, excretory
functions, or specified anatomical areas or any combination thereof;
and
[2]
Items which are advertised or otherwise held out to the public
as being characterized or distinguished by an emphasis on the depiction
or description of specified sexual activities, excretory functions,
or specified anatomical areas or any combination thereof, including,
without limitation, the use of the term "adult" and the use of the
designation of one or more "X," such as, but not limited to, "XXX";
and
(c)
Less than 25% of the items it offers to others are the following
types of items:
[1]
Items which are characterized or distinguished by an emphasis
on the depiction or description of specified sexual activities, excretory
functions, specified anatomical areas or any combination thereof;
and
[2]
Items which are advertised or otherwise held out to the public
as being characterized or distinguished by an emphasis on the depiction
or description of specified sexual activities, excretory functions,
or specified anatomical areas or any combination thereof, including,
without limitation, the use of the term "adult" and the use of the
designation of one or more "X," such as, but not limited to, "XXX."
C.
Certain uses which fall within the definition of sexually oriented
business may also constitute uses which are illegal under local, state
or federal law, such as obscenity or child pornography. Even if such
illegal uses constitute a sexually oriented business under the definition
set forth in this chapter, they shall not be permitted uses in any
district, and shall not be permitted to receive a sexually oriented
business license.
SPECIFIED ANATOMICAL AREAS
The human genitals, pubic area, perineum, anus, anal cleft
or cleavage, pubic hair, any portion of the areola of the female breast
if less than fully and opaquely covered; and the male genitals in
a discernibly turgid state, even if entirely covered by an opaque
covering. In determining whether any of the foregoing portions of
the anatomy are fully and opaquely covered, coverage by make-up, paint,
or similar matter applied directly to the skin shall not be considered
to be fully and opaquely covered.
SPECIFIED CRIMINAL ACTIVITY
A.
Any of the following offenses, as set forth in the Illinois
Criminal Code of 2012, as amended, or any substantially similar offenses
to those set forth below under the criminal or penal code of any local
jurisdiction, state, country, or international law:
[Amended 2-6-2017 by Ord.
No. 994]
(1)
Indecent solicitation of a child.
(2)
Indecent solicitation of an adult.
(6)
Sexual exploitation of a child.
(7)
Custodial sexual misconduct.
(8)
Presence within school zone by child sex offenders prohibited.
(9)
Sexual relations within families.
(13)
Solicitation of a sexual act.
(14)
Soliciting for a prostitute.
(15)
Soliciting for a juvenile prostitute.
(17)
Keeping a place of prostitution.
(18)
Keeping a place of juvenile prostitution.
(19)
Patronizing a prostitute.
(20)
Patronizing a juvenile prostitute.
(26)
Commercial film and photographic print processor-reports.
(28)
Tie-in sales of obscene publications to distributors.
(30)
Aggravated criminal sexual assault.
(31)
Predatory criminal sexual assault of a child.
(33)
Aggravated criminal sexual abuse.
(34)
Criminal transmission of HIV.
(35)
Ritualized abuse of a child.
(36)
Female genital mutilation.
(37)
Violation of the Sex Offender Registration Act (730 ILCS 150/1
et seq.).
(38)
Stalking (if basis of the conviction is the threat of immediate
or future sexual assault, or placing a person in reasonable apprehension
of immediate or future sexual assault).
(39)
First degree murder [if the basis for the conviction is 720
ILCS 5/9-1(a)(3), commonly known as "felony murder," where the predicate
felony is any felony otherwise set forth in this definition).
(40)
Burglary (if the basis for conviction is an intent to commit
any felony otherwise set forth in this definition).
(41)
Residential burglary (if the basis for the conviction is an
intent to commit any felony otherwise set forth in this definition).
(42)
Armed violence (if the basis for the conviction is an intent
to commit any felony otherwise set forth in this definition).
(43)
Attempt to commit any of the foregoing crimes, conspiracy to
commit any of the foregoing crimes, and any other felony misdemeanor
for which an element of the offense is the commission of the foregoing
crimes or an intent to commit any of the foregoing crimes.
B.
For which:
(1)
Less than two years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor,
business offense or petty offense; or
(2)
Less than five years have elapsed since date of conviction or
the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense.
C.
The fact that a conviction is being appealed shall not prevent
such conviction from constituting a specified criminal activity as
defined in this chapter.
SPECIFIED SEXUAL ACTIVITIES
Any of the following, whether actual or simulated:
A.
The fondling or other erotic touching of human genitals, pubic
area, perineum, anus, anal cleft or cleavage, pubic hair, buttocks,
or female breasts, regardless of whether the performer or recipient
is clothed, in a state of nudity or in a state of semi-nudity.
B.
The manipulation of the human body of another, including massage,
by the use of any portion of the manipulator's body, whether covered
or uncovered, or by any device, if the person performing the manipulation
or the person receiving the manipulation is in a state of nudity or
semi-nudity.
C.
Sex acts, normal or perverted, heterosexual, homosexual or bisexual,
including without limitation intercourse, fellatio, cunnilingus, analingus,
masturbation, bestiality, sodomy, bondage and discipline, sadism and
masochism, and any other act intended to cause sexual arousal.
D.
Sex acts between animals when offered or displayed for the purpose
or with the intent of causing the sexual arousal of a human viewer.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Any of the following:
A.
The sale, lease, or sublease of the business;
B.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
C.
The establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of the business, except for
transfers by bequest or other operation of law upon the death of the
person possessing the ownership or control.
No person shall act as an employee on the premises of a sexually
oriented business without having secured a sexually oriented business
employee license pursuant to this chapter.
[Amended 2-6-2017 by Ord.
No. 994]
A. Every application for a new sexually oriented business license shall
be accompanied by a nonrefundable application and investigation fee
as set forth in the fee schedule.
B. Every application for renewal of a sexually oriented business license
shall be accompanied by a nonrefundable application and investigation
fee as set forth in the fee schedule.
C. In addition to the application and investigation fee required in Subsection
A or
B of this section, every applicant that is granted a sexually oriented business license (new or renewal) shall pay to the municipality an annual, nonrefundable license fee as set forth in the fee schedule, prior to or at the time of issuance or renewal.
D. Every application for a new sexually oriented business employee license
shall be accompanied by an annual, nonrefundable application, investigation,
and license fee as set forth in the fee schedule.
E. Every application for renewal of a sexually oriented business employee
license shall be accompanied by an annual, nonrefundable application,
investigation and license fee as set forth in the fee schedule.
Any person who operates or causes to be operated a sexually oriented business in violation of this chapter is subject to a suit for injunction as well as prosecution for chapter violations as provided in §
241-16 of this chapter.