For the purpose of this chapter, the following words and phrases shall have the meanings respectively prescribed to them by this section:

ADULT BOOKSTORE: An establishment having, as a substantial portion of its stock in trade, books, magazines, films, records, recording tapes, videotapes, or other periodicals, for sale or for viewing, either on or off the premises, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

ADULT DEVICE STORE: An establishment having, as a substantial portion of its stock in trade, any device, appliance, instrument or object which is represented either by the operator of the establishment or by its packaging, advertising or other literature furnished therewith as enhancing, assisting, representing, depicting 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 material.

ADULT ENTERTAINMENT CABARET: A public or private establishment which is licensed to serve food and/or alcoholic beverages and which features entertainers, dancers, waitresses, waiters or any other employees acting in such a way as to display, depict, describe or relate to specified sexual activities or specified anatomical areas for observation by patrons therein.

ADULT MINI-MOTION PICTURE THEATER: An enclosed building or drive-in theater, with a capacity for less than fifty (50) persons, used for presenting material 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 MOTION PICTURE THEATER: An enclosed building or a drive-in theater, with a capacity of fifty (50) or more persons, used regularly and routinely for presenting motion pictures having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or special anatomical areas for observation by patrons therein.

APPLICANT: Includes any owner, partner, or limited partner of a partnership applicant and any officer or director of a corporate applicant and any stockholder holding more than five percent (5%) of the stock of a corporate applicant, or any other person who is interested directly in the ownership or operation of an adult business.

BODY SHOP OR MODEL STUDIO: Any public or private establishment which describes itself as a body shop or model studio, or where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, or where, for any form of consideration or gratuity, nude or seminude dancing, readings, counseling sessions, body painting and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas are provided for observation by or communication to persons paying such consideration or gratuity.

BUILDING STRUCTURE: Any structure or group of structures housing two (2) or more businesses which share a common entry, exit, wall or frontage wall, including, but not limited to, shopping centers, shopping plazas, or shopping squares.

MASSAGE: Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

MASSAGE ESTABLISHMENT: An establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on, or permits to be engaged in or carried on, any of the activities mentioned in the definition of "massage" in this section; provided, however, that the term massage establishment shall not apply to hospitals, physical rehabilitation centers, nursing homes or sanatoriums. The term massage establishment shall also not apply to a spa, salon, barbershop or other establishment focused on grooming wherein a massage is given by a cosmetologist, barber, or masseuse licensed by the state of Illinois, in accordance with such license; and provided, that such establishment does not permit anyone or any thing to display or depict specified anatomical areas and does not permit anyone or any thing to engage in, display, or depict specified sexual activities.

NUDITY: The showing of the human male or female genitals, pubic area, or buttocks 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.

SPECIFIED ANATOMICAL AREAS: Any of the following conditions:

   A.   Less than completely and opaquely covered:

      1.   Human genitals, pubic region or pubic hair; or

      2.   Buttock; or

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

   B.   Human male genitals in a discernibly turgid state, even if completely covered.

SPECIFIED SEXUAL ACTIVITIES: Any of the following conditions:

   A.   The performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, and flagellation, in addition to any sexual acts which are prohibited by law.

   B.   The actual or simulated sexual touching, caressing or fondling of the breasts, buttocks, anus or genitals.

   C.   The actual or simulated display of the breasts, buttocks, pubic hair, anus, vulva or genitals.

   D.   Excretory functions as part of or in connection with any activities otherwise set forth in this definition. (Ord. 679, 5-25-2011)

The following shall be considered adult uses for the purpose of this chapter:

   A.   Adult bookstore;

   B.   Adult motion picture theater;

   C.   Adult mini-motion picture theater;

   D.   Adult entertainment cabaret;

   E.   Massage establishment;

   F.   Body shop or model studio;

   G.   Adult device store; or

   H.   An establishment that conducts a substantial portion of its business through some combination of any of the adult uses listed in this section. (Ord. 679, 5-25-2011)

Adult uses shall be permitted subject to the following restrictions:

   A.   Notwithstanding any provision of this chapter to the contrary, an adult use shall not feature or allow a person who knowingly or intentionally, in the view of or in close proximity to any person:

      1.   Engages in sexual intercourse;

      2.   Engages in deviate sexual conduct;

      3.   Appears in a state of nudity; or

      4.   Fondles the genitals of himself or another person.

   B.   All adult uses shall be located only in I industrial districts, and within such districts, an adult use shall not be located within one thousand feet (1,000') of another preexisting adult use. (Ord. 679, 5-25-2011)

   C.   An adult use shall not be located within one thousand feet (1,000') of a preexisting residence, public park, forest preserve, cemeteries, school, daycare center, or place of worship. (Ord. 679, 5-25-2011; amd. 2012 Code)

   D.   An adult use shall not be located in a building structure in which alcoholic beverages are sold or dispensed.

   E.   Any adult use doing business at the effective date hereof shall have one year from the effective date hereof to comply with the provisions of subsections A, B, C and D, inclusive, of this section.

   F.   Any adult use doing business at the effective date hereof shall have thirty (30) days from said effective date for the issuance of an adult use license.

   G.   An adult use shall not be located in a building structure that contains another business that is operated as a bottle club, nor shall such adult use otherwise permit patrons to bring their own alcoholic beverages into the establishment or to consume alcoholic beverages while on the premises.

   H.   Any adult use providing private/semiprivate booths for viewing specified sexual activities or specified anatomical areas shall not have doors on said booths, nor shall such areas have openings between adjacent booths that could allow for the pass through of items or parts of the body between the partitions that divide such booths.

   I.   A zoning use permit and zoning compliance certificate shall be obtained when and as required by this title.

   J.   Any adult uses shall not operate during the following hours:

      2:00 A.M. until 8:00 A.M., Monday through Friday;

      2:30 A.M. until 8:00 A.M., Saturday; and

      2:30 A.M. until 12:00 P.M., Sunday.

(Ord. 679, 5-25-2011)

For the purposes of this chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the lot or parcel containing the adult use to the property line of the lot or parcel containing the nearest adult use, public park, school, daycare center, place of worship or district zoned for residential use. (Ord. 679, 5-25-2011)

   A.   License Required: It shall be unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises in the village, the operation of an adult use as herein defined without first having obtained a separate license for such adult use from the village president.

   B.   Application For License; Fee: Every applicant for a license to maintain, operate or conduct an adult use shall file an application, in duplicate, under oath, with the village president upon a form provided by the village clerk and shall pay a nonrefundable filing fee of two hundred fifty dollars ($250.00) to the clerk, who shall issue a receipt which shall be attached to the application filed with the village president. An applicant for a license shall furnish the following information under oath:

      1.   Name and address of the applicant in the case of an individual; in the case of a copartnership or association, names and addresses of the persons entitled to share in the profits thereof; and in the case of a corporation for profit, the date and state of incorporation, the date of qualification to do business in Illinois (if not an Illinois corporation), the object for which it was organized, the names and addresses of the officers, directors and managers, and also the names and addresses of every stockholder owning in the aggregate more than five percent (5%) of the stock of the corporation; and

      2.   Written proof that the individual is at least eighteen (18) years of age; and

      3.   Location of where the adult use is to be operated; and

      4.   A statement that the applicant either owns the premises for which the license is sought or that he has a lease thereon for the full period for which the license is to be issued. In the case of a lease, a copy of same shall be submitted with the application; and

      5.   A description of the specific adult use for which the applicant seeks a license; and

      6.   A statement by the applicant that he or she, the owner(s), manager(s), and people in control of the day to day operations of the proposed adult use have not been convicted of a felony or any other crime or ordinance violation related to drugs, theft, obscenity, violence, prostitution, or sexual assault, or a crime involving deceit, fraud, or dishonesty; and

      7.   A statement demonstrating that the proposed adult use would be in compliance with:

         a.   All zoning and licensing restrictions imposed by this chapter;

         b.   Any applicable health department regulations; and

         c.   Any applicable fire and building codes; and

      8.   An agreement not to violate any laws of the state or of the United States, or any ordinance of the village in the conduct of the adult use.

   C.   Approval, Denial Or Further Investigation:

      1.   Within thirty (30) days after receiving the application, the village president shall notify the applicant that his application is granted, denied, or held for further investigation. Such additional investigation shall not exceed an additional thirty (30) days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the village president shall advise the applicant in writing whether the application is granted or denied.

      2.   Whenever an application is denied or held for further investigation, the village president shall advise the applicant in writing of the reasons for such action.

      3.   Failure or refusal of the applicant to give any information relevant to the investigation of the application, failure or refusal to appear at any reasonable time and place for examination under oath regarding said application, or refusal to submit to or cooperate with any inspection or investigation required by this chapter shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the village president.

   D.   Renewal License Application: A licensee intending to continue an adult use beyond the license expiration date shall apply for a subsequent license no more than forty five (45) days and no less than thirty (30) days prior to the expiration of the current license to avoid a temporary shutdown of operations during the review of such application.

   E.   Issuance Of License: The village president shall issue or renew a license to maintain, operate, or conduct an adult use unless he finds:

      1.   That the applicant is under the age of eighteen (18) years or under any legal disability.

      2.   That the location where the adult business is proposed to be operated does not comply with the limitations set forth in this chapter.

      3.   That the applicant, owner(s), manager(s), or people in control of the day to day operations of the proposed adult use has been convicted of a felony or any other crime or ordinance violation related to drugs, theft, obscenity, violence, prostitution, or sexual assault, or a crime involving deceit, fraud, or dishonesty.

   F.   Termination Of License: Every adult use license issued pursuant to this chapter will terminate at the expiration of one year from the date of its issuance, unless sooner revoked.

   G.   Display Of License: Every licensee shall display a valid license in a conspicuous place within the premises where the adult use is operated so that same may be readily seen by persons entering the premises.

   H.   Suspension Or Revocation Of License:

      1.   Any license issued for an adult use may be revoked or suspended by the village president if he shall find:

         a.   That the licensee has violated any of the provisions of this chapter regulating adult uses.

         b.   That the licensee has knowingly furnished false or misleading information or withheld relevant information on any application for any license required by this chapter or knowingly caused or suffered another to furnish or withhold such information on his or her behalf.

      2.   The licensee shall be responsible for the acts of his agents, servants, and employees; provided, however, that in the case of a first offense by a licensee where the conduct was solely that of an employee, the penalty shall not exceed a suspension of thirty (30) days if the village president shall find that the licensee had no actual or constructive knowledge of such violation and could not, by the exercise of due diligence, have had such actual or constructive knowledge.

      3.   The village president, before revoking or suspending any license, shall give the licensee at least ten (10) days' written notice of the charges against him or her. The licensee may, within five (5) days of receipt of said notice, file notice of a request for a public hearing before the village president, at which time, the licensee may present evidence bearing upon the question.

   I.   Judicial Review Of Denial, Suspension Or Revocation Of License:

      1.   If an application for license is denied or such license is suspended or revoked, the effect of such action shall automatically be stayed and the status quo shall be maintained pending prompt judicial review. The automatic stay shall remain in effect for ten (10) days after the village president gives notice of the denial, suspension, or revocation. The licensee or applicant must notify the village president during this ten (10) day time if the licensee or applicant intends to seek judicial review of the action denying, suspending, or revoking the license in order to extend the automatic stay beyond the initial ten (10) days.

      2.   An applicant or licensee shall initiate judicial review within thirty (30) days of the notice of denial, suspension, or revocation.

      3.   A licensee or applicant who fails to notify the village president within the ten (10) days, as provided by this subsection, or who does so but fails thereafter to initiate judicial review within thirty (30) days as provided by this subsection, is deemed to have waived the right to judicial review, and the automatic stay shall be lifted, and the denial, suspension, or revocation shall then have immediate and final effect. (Ord. 679, 5-25-2011)

   A.   Public Display: No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window, or other opening from any public way or from any property not registered in the license as the location where the adult use is to be operated.

   B.   Employment Of Persons Under Eighteen: It shall be unlawful for any adult use licensee or his manager or employee to employ, in any capacity within the adult business, any person who is not at least eighteen (18) years of age.

   C.   Illegal Activities: No licensee, or any officer, associate, member, representative, agent or employee of such licensee, shall engage in any activity or conduct, or permit any other person to engage in any activity or conduct, in or about the licensed premises which is prohibited by an ordinance of the village or laws of the state of Illinois or of the United States. (Ord. 679, 5-25-2011)

   A.   Village Notices: Any notice by the village president pursuant to this chapter may be delivered personally to the licensee, by posting on the premises where the adult use is located, or by United States postal service certified mail, return receipt requested. Notice by these methods shall be effective upon such personal delivery, posting, or as shown by the return receipt. The village president may also give notice by mailing through the United States postal service with first class postage paid; such mailing is deemed effective three (3) days after mailing.

   B.   Applicant Or Licensee Notices: Notice by an applicant or licensee as provided in this chapter shall be to the village president at:

      Village President

      Village Hall

      216 Holland Road

      Germantown Hills, IL 61548

(Ord. 679, 5-25-2011; amd. 2012 Code)

Any person who shall violate any of the provisions of this chapter shall be guilty of an ordinance violation. A person who is convicted shall be punished by a fine of not less than two hundred fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00). This section shall supersede all other penalties provided by this title for a violation of this chapter. (Ord. 679, 5-25-2011)