This Chapter shall be known, cited and referred to as the BARTLETT ADULT USE ZONING ORDINANCE. (Ord. 96-4, 2-6-1996)

   A.   The regulations established herein are intended to ensure that the adverse effects created by adult entertainment establishments (hereinafter defined) are minimized and controlled so as not to cause or contribute to crime, increased blighting, or downgrading of adjacent property and the surrounding neighborhoods by restricting their proximity from pre-existing public and private schools, preschools, day care facilities, churches, synagogues, temples, other religious facilities, public parks, liquor establishments, and areas zoned or designated for residential use.

   B.   The regulations established herein are intended to protect and preserve the quality, property values, integrity and character of the Village's neighborhoods and commercial and business districts, deter the spread of urban blight, and protect the citizens of Bartlett from the adverse secondary effects of adult entertainment establishments.

   C.   It is the intent of this Chapter to minimize the secondary effects associated with adult entertainment establishments by placing reasonable restrictions on the location of such establishments within the Village. The provisions of this Chapter are not intended to impose a limitation or restriction on the content of any communicative materials, nor restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the Constitution of the United States, nor to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. (Ord. 96-4, 2-6-1996)

In the development and execution of this Chapter, it is recognized that there are some uses, which, because of their very nature, are recognized as resulting in or causing serious secondary effects, particularly when located near certain other types of uses thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or businesses. These special regulations are itemized in this Chapter. The primary control or regulation is for the purpose of minimizing the secondary effects associated with adult entertainment establishments. Adult entertainment establishments, as herein defined, including, but not limited to the following uses, shall be subject to these controls:

   A.   Adult bookstores.

   B.   Adult motion picture theaters.

   C.   Adult mini motion picture theaters.

   D.   Adult cabarets. (Ord. 96-4, 2-6-1996)

ADULT BOOK STORE: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, adult motion pictures (as defined herein) and/or other periodicals that are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined below), or an establishment with a segment or section devoted to the sale or display of such material.

ADULT CABARET: An establishment offering to its patrons as entertainment, any live exhibition or display or any theatrical or live performances that feature topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, or any persons singing, reading, posing, modeling or serving food or beverages where such exhibition, performance, display or dance is intended to sexually arouse the entertainer or the patrons, or where the attire of the persons involved is such to expose specified anatomical areas (as defined herein).

ADULT ENTERTAINMENT ESTABLISHMENT: Any adult book store, adult motion picture theater, adult mini picture theater, cabaret or other commercial establishment open to the public which a) displays, distributes, issues, gives, provides, lends, delivers, transfers, transmits, circulates, disseminates, presents, exhibits, advertises, sells, rents or leases a substantial or significant portion of its stock in trade, any material depicting, describing or relating to specified sexual activities and/or specified anatomical areas; b) utilizes a substantial or significant part of its display areas, including, but not limited to, floor, shelf, rack, table, stand, case, display areas, boxes, cabinets, drawers, cartons or any other storage area or apparatus, for any material characterized by the depiction of specified sexual activities or specified anatomical areas; or c) exhibits for a substantial or significant portion of the total representation time, any material characterized by the depiction of specified sexual activities or specified anatomical areas. An "adult entertainment establishment" shall be further defined as any commercial establishment open to the public which involves employees or customers who engage in conduct which is distinguished or characterized by specified sexual activities and/or specified anatomical areas.

ADULT MINI MOTION PICTURE THEATER: An enclosed building with a capacity for less than fifty (50) persons used for presenting adult motion pictures (as defined herein) material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.

ADULT MOTION PICTURE THEATER: An enclosed building with a capacity of fifty (50) or more persons used for presenting adult motion pictures (as defined herein) and/or material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.

ADULT MOTION PICTURES: Films, motion pictures, video cassettes or tapes, slides or similar photographic reproductions which are characterized by the depiction of specified sexual activities and/or specified anatomical areas.

DAY CARE FACILITY: Any person, group of persons, agency, association or organization, whether established for gain or otherwise, who or which receives a license pursuant to the Child Care Act of 1969 (225 ILCS 10/1 et seq.), and who or which receives or arranges for care or placement of one or more children, unrelated to the operator of the facility, apart from the parents, with or without the transfer of the right of custody in any facility, established and maintained for the care of children.

SCHOOL: Any public or private preschool or elementary or secondary school.

SPECIFIED ANATOMICAL AREAS: Less than completely and opaquely covered:

   A.   Human genitals, pubic region,

   B.   Buttock, and

   C.   Female breast below a point immediately above the top of the areola; and

   D.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES:

   A.   Human genitals in a state of sexual stimulation or arousal.

   B.   Acts of human masturbation, sexual intercourse, sodomy, bestiality, oral copulation or flagellation.

   C.   Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

   D.   Excretory functions as part of or in connection with any of the activities set forth in subsections A through D of this definition. (Ord. 96-4, 2-6-1996)

   A.   Sections 10-4A-6, 10-4B-6, 10-4C-6, 10-4D-6, 10-4E-6, 10-4F-6, 10-4G-6, 10-4H-6, 10-4I-6, 10-4J-6, 10-6A-6, 10-6B-6, 10-6C-6, 10-6D-6, 10-5A-6, and 10-8A-6 of the Bartlett Zoning Ordinance are hereby amended to make adult book stores, adult motion picture theaters, adult mini motion picture theaters, adult cabarets and other adult entertainment establishments, as defined in Section 10-14-4 of this Chapter, prohibited uses in the ER-1, ER-2, ER-3, SR-1, SR-2, SR-3, SR-4, SR-5, SR-6, MH-1, B-1, B-2, B-3, B-4, O-R and P-1 Districts.

   B.   Section 10-9A-6 of the Bartlett Municipal Zoning Ordinance is hereby amended to make adult book stores, adult motion picture theaters, adult mini motion picture theaters, adult cabarets and other adult entertainment establishments, as defined in Section 10-14-4 of this Chapter, prohibited uses in any area or areas within a PD Planned Development District where such area or areas have been designated for one or more of the following use or uses: residential, mobile home, office research, public land, commercial, and/or business.

   C.   The Planned Unit Development provisions of the Bartlett Zoning Ordinance are hereby amended to make adult book stores, adult motion picture theaters, adult mini motion picture theaters, adult cabarets and other adult entertainment establishments, as defined in Section 10-14-4 of this Chapter, prohibited uses in any Planned Unit Development that is located within any area or areas zoned for residential, mobile home, office research, public land, commercial and/or business use or uses.

   D.   Sections 10-7A-3, 10-7B-3, 10-9-4, and 10-9A-3 of the Bartlett Zoning Ordinance are hereby amended to make adult book stores, adult motion picture theaters, adult mini motion picture theaters, adult cabarets and other adult entertainment establishments, as defined in Section 10-14-4 of this Chapter, permitted uses only within the I-1 and I-2 Zoning Districts, PD Planned Development Districts designated solely for industrial use, and PUDs located entirely within an industrially zoned area. All such uses shall be subject to the following special conditions:

      1.   Adult book stores, adult motion picture theaters, adult mini motion picture theaters, adult cabarets and any other adult entertainment establishment are prohibited within the area circumscribed by a circle which has a radius consisting of the following distances from the following specified uses or zones:

         a.   Within one thousand feet (1,000') of any residentially zoned district, including, but not limited to, ER-1, ER-2, ER-3, SR-1, SR-2, SR-3, SR-4, SR-5, SR-6, or MH-1.

         b.   Within one thousand feet (1,000') of any area designated for residential use or uses within a PD Planned Development District.

         c.   Within one thousand feet (1,000') of any pre-existing public or private school, preschool or day care facility.

         d.   Within one thousand feet (1,000') of any pre-existing church, synagogue, temple or other religious facility or institution.

         e.   Within one thousand feet (1,000') of any pre-existing public park.

         f.   Within one thousand feet (1,000') of any other pre-existing adult entertainment establishment.

         g.   Within one thousand feet (1,000') of any pre-existing establishment in which liquor is sold or offered for sale pursuant to a liquor license, excluding special event retailers that sell, or offer for sale, liquor pursuant to a temporary liquor license granted pursuant to Section 3-3-2-5 of the Bartlett Liquor Control Ordinance or pursuant to a similar temporary liquor license issued by the local liquor commissioner or commission of a county or other municipality.

      2.   The distances provided in this Section shall be measured by following a straight line, without regard to intervening buildings or structures, from the nearest property line of the parcel of property upon which the proposed adult entertainment establishment use is proposed to be located to the nearest property line of the parcel of property zoned (or designated if a PD Planned Development District) for residential, mobile home, office research, public land, commercial and/or business use or uses or any of the pre-existing uses described in subsection D1a through g of this Section. (Ord. 96-4, 2-6-1996)

It shall be unlawful for any licensee, his or her agent or employee, to knowingly permit any exhibition or advertising in connection with any establishment regulated under this Chapter depicting, describing or relating to specified sexual activities or specified anatomical areas to be displayed, depicted or portrayed in any manner that is visible from any public sidewalk, street or highway. (Ord. 96-4, 2-6-1996)