The purpose of this chapter is to regulate adult uses to protect
the community from the many types of criminal activity frequently
associated with such uses. The City recognizes that such regulation
cannot in effect prohibit such uses. This chapter has balanced the
competing interest of the community in reducing criminal activity
and protecting property values versus the protected rights of the
owners, operators, employees and patrons of adult uses.
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 matter 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 ENTERTAINMENT CABARET
A public or private establishment which:
A.
Features topless dancers, strippers, go-go dancers, male or
female impersonators, lingerie or bathing suit fashion shows;
B.
Not infrequently features entertainers who display specified
anatomical areas; or
C.
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 patrons 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, lotions 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, and other similar uses.
EMPLOYEE
Employees, independent contractors or any other person who
is retained by the licensee or subject to dismissal from working at
the licensed premises.
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 discernible turgid state even if completely
and opaquely covered.
SPECIFIED CRIMINAL ACTIVITY
The offenses specified as follows:
A.
Prostitution or promotion of prostitution; dissemination of
obscenity; sale, distribution or display of harmful material to a
minor; sexual performance by a minor; possession or distribution of
child pornography; public lewdness; indecent exposure; indecency with
a child; engaging in organized criminal activity; sexual assault;
molestation of a child; gambling; or distribution of a controlled
substance; all as defined in the Illinois Criminal Code or any similar
offenses to those described above under the criminal or penal code
of other states or countries;
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
offense;
(2)
Less than five years have elapsed since the date of conviction
or the date of release from confinement for conviction, whichever
is the later date, if the conviction is a felony offense; or
(3)
Less than five years have elapsed since the date of the last
conviction or the date of release from confinement from the last conviction,
whichever is the later date, if the convictions are of two or more
misdemeanor offenses or combination of misdemeanor offenses that occurred
within any twenty-four-month period;
C.
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in the state of sexual stimulation or arousal;
B.
Acts of human masturbation, sexual intercourse or sodomy; and
C.
Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breasts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every application for an adult use business license (whether
a new license or for renewal of an existing license) shall be accompanied
by a nonrefundable application and investigation fee in the amount
established by the City ordinance establishing the fees and charges
to be assessed for City services.
A licensee shall not transfer his/her license to another nor
shall a licensee operate an adult use business under the authority
of a license at any place other than the address on the license.
All adult uses shall file a verified report with the City showing
the licensee's gross receipts and amounts paid to employees during
the preceding calendar year. In addition, all adult uses shall maintain
and retain for a period of two years the names, addresses and ages
of all persons employed, including independent contractors, by the
licensee.
All dancing and other performances shall occur on a stage intended
for that purpose which is raised at least two feet from the level
of the floor. No dancing or other performances shall occur closer
than within 10 feet of any patron. In addition, no performer shall
fondle, caress or otherwise touch any patron and no patron shall fondle,
caress or otherwise touch any performer. No patron shall directly
pay or give any gratuity to any performer and no performer shall solicit
any pay or gratuity from any patron. Gratuities may be indirectly
given to performers by placing the gratuity on the stage.
No booths, stalls or partitioned portions of a room or individual
rooms used for the viewing of motion pictures or other forms of entertainment
shall have doors, curtains or portal partitions, but all such booths,
stalls or partitioned portions of a room or individual rooms so used
shall have at least one side open to an adjacent public room so that
the area inside is visible to persons in the adjacent public room.
All such described areas shall be lighted in such a manner that the
persons in the areas used for viewing motion pictures or other forms
of entertainment are visible from the adjacent public rooms, but such
lighting shall not be of such intensity as to prevent the viewing
of the motion pictures or other offered entertainment.
No adult use shall be open prior to 10:00 a.m. or after 12:00
midnight.