As used in this chapter, the following terms
shall have the meanings indicated:
ADULT USES
Any one of or combination of the following uses: adult arcade,
adult bookstore, adult novelty store, adult video store, adult cabaret,
adult motel, adult motion-picture theater, adult theater, escort agency,
adult establishment, seminude model studio, sexual encounter center,
sexually oriented business.
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE
A commercial establishment which has a substantial or significant
portion of its stock-in-trade or derives a significant or substantial
portion of its revenues or devotes a significant or substantial portion
of its interior business or advertising, or maintains a substantial
portion of its sales or display space for the sale or rental, for
any form of consideration, of any one of the following:
A.
Books, magazines, periodicals, or other printed
matter, or photographs, films, motion pictures, video cassettes, compact
discs, slides or other visual representations which are characterized
by their emphasis on the exhibition of display of specified sexual
activities or specified anatomical areas.
B.
Instruments, devices or paraphernalia which
are designed for use or marketed primarily for stimulation of human
genital organs or for sadomasochistic use or abuse of themselves or
others.
ADULT CABARET
A club, nightclub, bar, restaurant or similar commercial
establishment that regularly features:
A.
Persons or employees who appear in a state of
nudity or seminudity; or
B.
Live performances by persons or employees that
are characterized by the exposure of specified anatomical areas or
by specified sexual activities; or
C.
Films, motion pictures, video cassettes, slides
or other photographic reproductions that are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
ADULT MOTEL
A hotel, motel, or similar commercial establishment which
offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides, or other photographic reproductions
which are characterized by the exhibition or display of specified
sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way which advertises the availability of
this adult-type of photographic reproduction and either:
A.
Offers a sleeping room for rent for a period
of time that is less than 10 hours or that
B.
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown that are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons or employees who appear,
in person, in a state of nudity or seminudity, or live performances
that are characterized by the exposure of specified anatomical areas
or by specified sexual activities.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON
Refers to the dominant or principal theme of the object referenced.
For instance, when the phrase refers to films "which are distinguished
or characterized by an emphasis upon the exhibition or display of
specified sexual activities or specified anatomical areas," the films
so described are those whose dominant or principal character and theme
are the exhibition or display of specified anatomical areas or specified
sexual activities.
EMPLOYEE, EMPLOY, AND EMPLOYMENT
Any person who performs any service on the premises of a
particular use, on a full-time, part-time, or contract basis, regardless
of whether the person is denominated an employee, independent contractor,
agent or other status. Employee does not include a person exclusively
on the premises for repair or maintenance of the premises or for the
delivery of goods on the premises.
ENFORCEMENT OFFICER
Chief of Police of the City of Crystal Lake Police Department
or such other person as may be designated by the Crystal Lake City
Council.
ESCORT
Any person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY
Any person or business association who furnishes, offers
to furnish, or advertises to furnish escorts as one of its primary
business purposes for a fee, tip, or other consideration.
ESTABLISH or ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any adult use
as a new business;
B.
The conversion of an existing business, whether
or not an adult use, to any adult use;
C.
The additions of any adult use to any other
existing adult use; or
D.
The relocation of any adult use.
LICENSEE
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license; and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
NUDITY or A STATE OF NUDITY
The showing of the human male or female genitals, pubic area,
vulva, anus, or anal cleft with less than a fully opaque covering,
the showing of the female breast with less than a fully opaque covering
of any part of the nipple, or the showing of the covered male genitals
in a discernibly turgid state.
OPERATE or CAUSE TO BE OPERATED
To cause to function or to put or keep in a state of doing
business. "Operator" means any person on the premises of an adult
use who is authorized to exercise operational control of the business
or who causes to function or who puts or keeps the business in operation.
A person may be found to be operating or causing to be operated a
use regardless of whether that person is an owner, part owner, or
licensee of the business.
PERSON
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
SEMINUDE or IN A SEMINUDE CONDITION
The showing of the female breast below a horizontal line
across the top of the areola at its highest point or the showing of
the male or female buttocks. This definition shall include the entire
lower portion of the human female breast, but shall not include any
portion of the cleavage of the human female breast, exhibited by a
dress, blouse, skirt, leotard, bathing suit, or other wearing apparel,
provided that the areola is not exposed in whole or in part.
SEMINUDE MODEL STUDIO
Any place where a person appears seminude and is provided
to be observed, sketched, drawn, painted, sculptured, or photographed
by other persons who pay money or any form of consideration. "Nude
model studio" shall not include a proprietary school licensed by the
State of Illinois, or a college, junior college or university supported
entirely or in part by public taxation; a private college or university
which maintains and operates educational programs in which credits
are transferable to a college, junior college, or university supported
entirely or partly by taxation; or in a structure that:
A.
Has no sign visible from the exterior of the
structure and no other advertising that indicates a nude or seminude
person is available for viewing; and
B.
Where in order to participate in a class a student
must enroll at least three days in advance of the class; and
C.
Where no more than one nude or seminude model
is on the premises at any one time.
SEXUAL ENCOUNTER CENTER
A business or commercial establishment that has one of its
principal business purposes, offers for any form of consideration,
a place where two or more persons may congregate, associate, or consort
for the purpose of specified sexual activities. The definition of
a sexual encounter establishment, adult use, or any sexually oriented
business shall not include an establishment where a medical practitioner,
psychologist, psychiatrist, or similar professional person licensed
by the state engages in medically approved and recognized sexual therapy.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
novelty store, adult motel, adult cabaret, adult motion-picture theater,
adult theater, escort agency, nude model studio or sexual encounter
center.
SPECIFIED ANATOMICAL AREAS
One of the following:
A.
The human male genitals in a discernibly turgid
state, even if fully and opaquely covered;
B.
Less than completely and opaquely covered human
genitals, pubic region, buttocks or a female breast below a point
immediately above the top of the areola.
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 child; possession or distribution
of child pornography; public lewdness; indecent exposure; indecency
with a child; engaging in organized criminal activity relating to
a sexually oriented business; sexual assault; molestation of a child;
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 the
conviction, whichever is the later date, if the conviction is of 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
for the last conviction, whichever is the later date, if the convictions
are of two or more misdemeanor offenses or combination of misdemeanor
offenses occurring 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 or a
person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES
One of the following:
A.
The fondling of another person's genitals, pubic
region, buttocks, anus or female breasts;
B.
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, masturbation, or sodomy;
C.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A and
B above in the specified sexual activities definition.
SUBSTANTIAL ENLARGEMENT
The increase in floor areas occupied by the adult use by
more than 25% as the floor areas exist on the date this chapter takes
affect.
TRANSFER OF OWNERSHIP CONTROL
Includes the following:
A.
The sale, lease, or sublease of the use;
B.
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange,
or similar means;
C.
The establishment of a trust, gift, or other
similar legal device which transfers the ownership or control of the
use, except for transfer by bequest or other operation of the law
upon the death of the person possessing the ownership or control.
Sexually oriented businesses are classified
as follows:
B. Adult bookstores, adult novelty stores, or adult video
stores;
E. Adult motion-picture theaters;
H. Seminude model studios; and
I. Sexual encounter centers.
The City shall issue a written intent to suspend
a license for a period not to exceed 30 days if it determines that
a licensee or an employee of a licensee has:
A. Violated or is not in compliance with any section
of this chapter;
B. Refused to allow an inspection of the sexually oriented
business premises as authorized by this chapter.
A licensee shall not transfer his/her license
to another, nor shall a licensee operate a sexually oriented business
under the authority of a license at any place other than the address
designated in the application.
A person commits a misdemeanor if the person
knowingly allows a person under the age of 18 years on the premises
of a sexually oriented business.
No sexually oriented business, except for an
adult motel, may remain open at any time between the hours of 1:00
a.m. and 8:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and 12:00
noon on Sundays.
[Amended 3-3-2009 by Ord. No. 6448]
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of §
146-12 of this chapter shall be subject to a fine as set forth in Chapter
248, Fines, and a separate offense shall be deemed committed on each day on which a violation occurs or continues.