For the purpose of this article, and the interpretation and enforcement thereof, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context in which they are used shall indicate otherwise. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

Adult arcade means any place to which a "patron" is permitted or invited where one or more video booths and/or live viewing booths are available to "patrons" where the images shown and/or live entertainment presented are characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult bookstore means an establishment having, as a substantial or significant portion of its sales or stock in trade, books, magazines, films for rent, 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 substantial or significant 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 materials.

Adult cabaret means a nightclub, bar, restaurant or similar commercial establishment that as a substantial or significant portion of its business regularly features:

(1)

Features topless dancers, strippers, or male or female impersonators;

(2)

Not infrequently features entertainers who display specified anatomical areas;

(3)

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

(4)

Features entertainers who engage in or are engaged in explicit simulation of specified sexual activities.

Adult media means magazines, books, photographic reproductions, videotapes, movies, slides, compact discs in any format (e.g., CD-ROM, CD-R, CD-RW), digital video discs in any format (e.g., DVD), other devices used to reproduce or record computer images, or other print, video, film, electronic, computer-based, analog or digital media characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas.

Adult media store means an establishment that rents and/or sells adult media and that meets any of the following tests:

(1)

More than ten percent of gross public floor area is devoted to adult media;

(2)

More than ten percent of the stock in trade consists of adult media: or

(3)

A media store which advertises or holds itself out in any way as a sexually oriented business by use of such terms as "X-rated," "XXX," "sex," "nude" or otherwise advertises or holds itself out as a sexually oriented business.

Adult motion picture theater means a commercial establishment occupying a building or a portion of a building (including any portion of a building which contains more than 150 square feet) where, for the payment of money or the provision of any other form of consideration paid, directly or indirectly, films, motion pictures, video cassettes, DVDs, slides or similar photographic reproductions, or other projected images are regularly shown, if such establishment as a prevailing practice excludes minors by virtue of age, regardless of whether the minor is accompanied by a parent or guardian. As a prevailing practice, the films, motion pictures, video cassettes, DVDs, slides or similar photographic reproductions, or other projected images presently are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult novelty store means a business offering goods for sale or rent and that meets any of the following tests:

(1)

More than ten percent of stock in trade of the business consists of sexually oriented novelties or toys and more than ten percent of the gross public floor area of the business is devoted to the display of sexually oriented novelties or toys;

(2)

If offers for sale items from any two of the following categories: (i) adult media, (ii) sexually oriented novelties or toys, and the combination of such items constitutes more than ten percent of the stock in trade of the business and occupies more than ten percent of the gross public floor area of the business; or

(3)

Advertises or holds itself out in any way as a sexually oriented business by use of such items as "sex toys," "X-rated," "XXX," "sex," "nude" or otherwise advertises or holds itself out as a sexually oriented business.

An adult novelty store shall not include any establishment which, as a substantial portion of its business, offers for sale or rental to persons employed in the medical, legal or education profession anatomical models, displays and exhibits produced and marketed primarily for use in the practice of medicine or law or for use by an educational institution.

Adult theater means a theater, concert hall, auditorium or similar commercial establishment that as a substantial or significant portion of its business regularly features persons who appear in a state of nudity or semi-nudity, live performances which are characterized by an emphasis on the depiction or description of specified anatomical areas or specified sexual activities, or live entertainment of an erotic nature that is characterized by an emphasis on the depiction or description of specified anatomical areas or specified sexual activities.

Establishment means any of the following:

(1)

A sexually oriented business;

(2)

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

(3)

The addition of a sexually oriented business to an existing business, whether or not a sexually oriented business; or

(4)

The relocation of any sexually oriented business.

Gross public floor area means the total area of a building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-computer areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), areas used for cabarets or similar shows (including stage areas), plus aisles, hallways and entryways serving such areas.

Minor means a person under the age of 18 years.

Nude model studio.

(1)

The term "nude model studio" means any place where a person who appears semi-nude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay and/or provide, directly or indirectly, money or any other form of consideration.

(2)

The term "nude model studio" shall not include:

a.

A proprietary school licensed by the State of Illinois, or a college, junior college or university; or

b.

An establishment:

1.

Holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing;

2.

Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and

3.

Where no more than one semi-nude model is on the premises at any one time.

Nudity or state of nudity or nude means exposing to view, with less than a fully opaque covering, the genitals, pubic area, vulva, perineum, anus, anal cleavage or pubic hair, exposing to view with less than a fully opaque covering, any portion of the areola of the female breast; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device or covering that gives the appearance of or stimulates any of these anatomical areas.

Patron means any individual aged 18 years or older present in or at any sexually oriented business who is not an employee of such sexually oriented business.

Person means any individual, partnership, corporation, association, proprietorship, or other legal entity.

Religious institution means a building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.

Semi-nudity or semi-nude condition or semi-nude means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola, or any of the perineum, anus, anal cleft or pubic hair. This definition shall include the entire lower portion 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.

Sexual encounter center means:

(1)

A commercial enterprise that, as one of its principal business purposes offers for any form of consideration:

a.

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

b.

Activities between male and female persons and/or person of the same sex when one or more the persons is semi-nude.

(2)

The term "sexual encounter center" shall not include:

a.

Any establishment or professional practice operated or conducted by a medical practitioner, physical therapist or rehabilitation therapist, if such person is licensed and/or registered with the state, while practicing within the scope of such license and/or registration and according to the standards and ethics of such profession, or any person acting under the supervision of a duly licensed and/or registered medical practitioner, physical therapist or rehabilitation therapist; or

b.

Any establishment or professional practice operated or conducted by a health care professional licensed in the state while practicing within the scope of such license and according to the standards and ethics of such profession, or of any person acting under the supervision of a duly licensed health care professional.

Sexually oriented business means an adult arcade, an adult cabaret, an adult media store, an adult motion picture theater, an adult novelty store, an adult theater, a nude model studio, or a sexual encounter center.

Sexually oriented novelties or toys means instruments, devices or paraphernalia either designed as representations of human genital organs or female breast, or designed and marketed primarily for use to stimulate human genital organs or for use in connection with specified sexual activities.

Specified anatomical areas means the human male genitals in discernibly turgid state, even if completely and opaquely covered, or less than completely and opaquely covered human genitals, pubic region, perineum, anus, anal cleft or pubic hair, or female breast below a point immediately above the top of the areola.

Specified sexual activities means the fondling or other touching of human genitals, pubic region, buttocks, anus or female breasts, or sex acts, actual or simulated.

Stock in trade means any individual item displayed in areas open to the public and offered for viewing, sale or rental in an establishment.

(Ord. No. O-8-07-1, § 3(5.20(1)), 8-13-2007)

(a)

No person shall operate or cause to be operated a sexually oriented business within 500 feet of any of the following preexisting uses, including preexisting uses located outside the corporate limits of the Village and/or zoning districts:

(1)

Public or private elementary or secondary school;

(2)

Nursery school, preschool, or day care center;

(3)

Park, playground, or forest preserve;

(4)

Religious institution;

(5)

ER, NR-1, NR-2, NR-3, NR-4, NR-5, R-1, R-2, R-3, R-4, R-5, R-6, B-1, B-2, or B-3 zoning district as defined by this chapter; or

(6)

Another sexually oriented business.

(b)

No person shall operate or cause to be operated a sexually oriented business, within any of the following preexisting uses and/or zoning districts:

(1)

ER, NR-1, NR-2, NR-3, NR-4, NR-5, R-1, R-2, R-3, R-4, R-5, R-6, B-1, B-2, or B-3 zoning district as defined by this chapter; or

(2)

Any premises licensed to sell alcoholic liquor.

(c)

A sexually oriented business shall be a permitted use within any M industrial district as such district is defined in this chapter.

(d)

For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the other specified use.

(Ord. No. O-8-07-1, § 3(5.20(2)), 8-13-2007)

Any sexually oriented business lawfully operating on the effective date of the ordinance from which this article is derived and that is in violation of this section shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 500 feet of one another and otherwise in a permissible location, and the sexually oriented business which was first established and continually operating at a particular location is the conforming use, then the later-established business is nonconforming.

(Ord. No. O-8-07-1, § 3(5.20(3)), 8-13-2007)