It is the intent of this chapter to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult businesses in close proximity to each other or proximity to other incompatible uses such as schools, parks, religious institutions and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of adult businesses causes an increase in the number of transients in the area, and an increase in crime and in addition to the effects described in this section can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult businesses or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas. It is also the purpose of this chapter to regulate adult businesses in order to promote the health, safety and general welfare of the citizens of the city. The provisions of this chapter have neither the purposes nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to adult materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimatize the distribution of obscene material.

For the purpose of this section, the following definitions shall apply:

"Adult arcade" means an establishment where, for any form of consideration, one or more motion picture projectors, slide projections or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

"Adult bookstore" means an establishment which has a substantial portion of its stock-in-trade and offers for sale any form of consideration any one or more of the following:

1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
2. Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

"Adult business/adult entertainment business/sexually-oriented business" means:

1. Any business establishment which as a regular and substantial course of conduct offers, sells or distributes adult or sexually-oriented merchandise, or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas, but not including those uses or activities which are preempted by state law; or
2. Any business establishment or concern which as a regular and substantial course of conduct operates as an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult modeling, adult theater, massage parlor or sexual encounter establishment.

"Adult cabaret" means nightclub, bar, restaurant or similar establishment which regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

"Adult motel" means a motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

"Adult motion picture theater" means an establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

"Adult theater" means a theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

"Establishment of an adult entertainment business" means and includes any of the following:

1. The opening or commencement of any such business as a new business;
2. The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined in this section;
3. The addition of any of the adult entertainment businesses defined in this section to any other existing adult entertainment business; or
4. The relocation of any such business.

"Massage parlor" means an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

"Sexual encounter establishment" means an establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities: or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist psychiatrist or similar professional person licensed by the state engages in sexual therapy.

"Specified anatomical areas" means and includes any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Specified sexual activities" means and includes any of the following:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this section.

"Substantial enlargement" means the increase in floor area occupied by the business by more than 10% as such floor area exists on the effective date of the ordinance codified in this chapter.

"Substantial portion" for the purposes of this chapter means twenty percent or more of the face value of the stock-in-trade, or twenty percent of the floor area of the store, whichever is more.

Adult businesses are permitted, subject to a development permit only in the industrial land use districts (Districts 9 or 10). It is unlawful for any person to establish an adult business in the city unless the person first obtains and continues to maintain in full force and effect a development permit from the city as required in this section.

1. Notwithstanding any other provision of this code, the building and zoning administrator shall adopt findings and approve an application for an adult business development permit within forty-five days after receipt of a complete application, if the application satisfies the requirements of this section. If the building and zoning administrator determines that the application does not satisfy the requirements of this section, the building and zoning administrator shall deny the application. Should the application be denied, the applicant or permittee may seek, within fourteen days from the date of the denial, review of such determination through the city council. Within seven days of the filing of such an appeal, the council shall schedule a hearing date on such appeal. The hearing shall be commenced and a decision rendered within thirty days of the date such appeal was filed, unless this time period is extended by written consent of the applicant or permittee. The rules of evidence applicable in a court of law in the State of Illinois shall be relaxed at this hearing. The city council's written decision shall be mailed to the applicant within twenty-four hours of the decision being rendered.
2. If the denial, suspension or revocation is affirmed by the city council upon review, the city council's decision may be reviewed by a court if such petition for review is filed in the circuit court of Ogle County, or any other court of competent jurisdiction, within thirty days of the date the city council's decision was mailed to the applicant. An applicant is free to utilize all rights afforded to it for the review of the city council's rulings by way of application for a writ of certiorari to the applicable court of competent jurisdiction.
3. The city council shall take all lawful steps to ensure that any party aggrieved by its decision shall be afforded prompt judicial review of the city council's decision. Unless extended or waived by the applicant, the judicial review must be completed within one hundred eighty days of the date in which the applicant filed its action for judicial review.
4. The applicant or permittee shall meet all of the following standards for approval to receive an adult business development permit.
   1. The operation, as proposed by the applicant, would comply with all applicable laws, including but not limited to the city's building, fire, zoning and health regulations.
   2. The applicant has not knowingly made any false, misleading or fraudulent statement of fact in the application process, or on any document required by the city in conjunction therewith.
   3. It is unlawful to cause or permit the establishment or substantial enlargement of an adult business, within two thousand feet of another adult business or within one thousand feet of any religious institution, any school or any public park within the city or within one thousand feet of any property designated for residential use or used for residential purposes.
   4. Measurement of Distance. The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, streets, or roadways, from the closest exterior structural wall of each business. The distance between any adult entertainment business and any religious institution, school or public park or any property designated for residential use or used for residential purposes shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the religious institution, school or public park of the property designated for residential use or used for residential purposes. Should the straight-line distance be intersected by the river, the distance shall instead be measured by the shortest route of travel by way of street or roadway.
   5. Signs. All on-site signage shall conform to Chapter 12 of this title and all other sign regulations within this code.
   6. Viewing Area.
      1. It is unlawful to maintain, operate or manage or permit to be maintained, operated or managed any adult business in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall or other enclosure. For purposes of this section, viewing area means the area where a patron or customer would ordinarily be positioned while watching the performance, picture, show or film.
      2. It is unlawful for more than one person at a time to occupy any individual, partitioned viewing area or booth.
      3. It is unlawful to create, maintain or permit to be maintained any holes or other openings between any two booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area.
      4. The opening to the viewing area shall be from the main aisle.
   7. The applicant and owner, and every subsequent owner of the adult business shall obtain an adult entertainment license pursuant to Chapter 5.54 of this code, as amended by time to time. Failure to maintain such adult entertainment license in effect while the adult business is in operation shall be grounds for revocation of the adult business development permit. The conditions of approval imposed on such adult entertainment license shall be included as conditions of approval on the adult business development permit.
   8. All construction shall comply with all applicable requirements in this code including, but not limited to the Byron Building Code, IBC, as incorporated in Title 15 of this code.
   9. The building and zoning administrator shall impose additional conditions prior to approval of an application for an adult business development permit, which are deemed necessary by the building and zoning administrator to insure compliance with this code and to protect the public health and safety. Such conditions shall be limited to the following: hours of operation, maximum occupancy, fire and life safety issues, fire suppression, exterior signage, exterior and interior lighting, parking, landscaping, existence of public telephone and security guards.