The purpose of this article is to regulate adult uses to protect
the community from the many types of criminal activity frequently
associated with such uses. The Village recognizes that such regulation
cannot effectively prohibit such uses, but can balance 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 article, 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, or 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 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, 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, adult clubs allowing nudity at regular or frequent times,
adult novelty stores 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.
NUDITY
The showing of the human male or female genitals, pubic area,
female breasts with less than a full opaque covering below a point
immediately above the top of the areola, human male genitals in a
discernibly turgid state even if completely and opaquely covered,
or that portion of the buttocks which would be covered by a properly
worn thong-type bikini bottom.
PUBLIC PLACE
Any location frequented by the public, or where the public
is present or likely to be present, or where a person may reasonably
be expected to be observed by members of the public. Public places
include, but are not limited to, streets, sidewalks, parks, beaches,
business and commercial establishments (whether for profit or not
for profit and whether open to the public at large or where entrance
is limited by a cover charge or membership requirement), hotels, motels,
restaurants, nightclubs, country clubs, cabarets and meeting facilities
utilized by social, fraternal or similar organizations. Premises used
solely as a private residence, whether permanent or temporary in nature,
shall not be deemed a public place. Public places shall not include
enclosed single-sex public restrooms, enclosed single-sex functional
showers, locker and/or dressing room facilities, enclosed motel rooms
and hotel rooms designed and intended for sleeping accommodations,
doctors offices, churches, synagogues or similar places when used
for circumcisions, baptisms or similar religious ceremonies, portions
of hospitals and similar places in which nudity or exposure is necessarily
and customarily expected outside of the home; nor shall it include
a person appearing in a state of nudity in a modeling class operated
by 1) a proprietary school licensed by the state; a college, junior
college or university supported entirely or partly by taxation; or
2) a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college
or a university supported entirely or partly by taxation or an accredited
private college.
SPECIFIED ANATOMICAL AREAS
For the purpose of this article, "specified anatomical areas"
means:
(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 CRIMINAL ACTIVITY
Any of the following offenses:
(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; public indecency; indecency with a child;
engaged in organized criminal activity; sexual assault; molestation
of a child; gambling; or distribution of a controlled substance; 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 occurred
within any twenty-four-month period; and
(C)
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITIES
For the purpose of this article, "specified sexual activities"
means:
(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, Administration,
Art. I, General Code Provisions, Div. I)]
No liquor license shall be issued to a licensee or to premises
where adult use is conducted, nor shall liquor be sold, given away
or allowed to be consumed on the premises where any adult use is conducted,
nor shall any establishment with a liquor license operate as an adult
use.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. 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 an amount
as established from time to time by the Board of Trustees.
The Village may suspend a license for a period not to exceed
30 days if, after a hearing, it determines that a licensee or an employee
of a licensee:
(A) Violated or is not in compliance with any section of this article;
(B) Refused to allow an inspection of the adult use business premises
as authorized by this article; or
(C) Knowingly permitted gambling by any person on the adult use business
premises.
If the licensee or an employee of the licensee has been found
guilty in a court of law of a violation of this article, no hearing
is necessary prior to suspension of the license.
[Added at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
After denial of an application, or denial of a renewal of an
application, or suspension or a revocation of any license, the applicant
or licensee may seek prompt judicial review of such action in any
court of competent jurisdiction.
A licensee shall not transfer his/her license to another nor
shall a license operate an adult use business under the authority
of a license at any place other than the address on the license.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
All adult uses shall file a verified report with the Village
with each year's application for renewal of the license 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 or 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 performance shall occur closer than
10 feet to any patron. In addition, no dancer or performer shall fondle,
caress or otherwise touch any patron and no patron shall fondle, caress
or otherwise touch any dancer or performer. No patron shall directly
pay or give any gratuity to any dancer or performer and no dancer
shall solicit any pay or gratuity from any patron. Gratuities may
be indirectly given to dancers or 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 or 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 view of
the motion pictures or other offered entertainment.
No adult use shall be open prior to 10:00 a.m. or after 2:00
a.m.