ADULT BOOKSTORE: An establishment having twenty five percent (25%) or more 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 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 material.

ADULT ENTERTAINMENT CABARET: A public or private establishment which:

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

   B.   Not infrequently features entertainers who display specified anatomical areas; or

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

ADULT MOTION PICTURE THEATER: A building or area used for presenting materials 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 NOVELTY STORE: An establishment having twenty five percent (25%) or more of its sales or stock in trade consisting of toys, devices, clothing "novelties", lotions and other items distinguished or characterized by their emphasis on or use for specified sexual activities or specified anatomical areas, or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

ADULT USE: Adult bookstores, adult motion picture theaters, adult entertainment cabarets, adult novelty stores and other similar uses.

SPECIFIED ANATOMICAL AREAS:

   A.   Less than completely and opaquely covered: 1) human genitals, pubic region; 2) buttock; 3) female breasts below a point immediately above the top of the areola; and

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

SPECIFIED SEXUAL ACTIVITIES:

   A.   Human genitals in the state of sexual stimulation or arousal;

   B.   Acts of human masturbation, sexual intercourse or sodomy; and

   C.   Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts. (1965 Code title 6 § 304.1)

No adult use shall operate even at those locations where they may be allowed pursuant to section 13-5-4 of this chapter without first having obtained a special use permit in the manner set forth in section 13-3-4 of this title. However, the standards for special uses set forth in subsection 13-3-4D of this title shall not apply with regard to the application for a special use permit for an adult use. Instead, the standards of this section shall apply. No adult special use permit shall be granted by the village board unless the board finds:

   A.   The design and operation of the facility will not adversely affect the public health and safety.

   B.   It will not cause substantial injury to the value of other property in the neighborhood in which it is located.

   C.   It will not unduly increase traffic congestion in the public streets and highways in the area in which it is located.

   D.   It will not cause additional public expense for fire or police protection.

   E.   It will not substantially increase the possibility of criminal acts against persons and properties within five hundred feet (500') of such proposed special use or against persons who regularly use such properties. (1965 Code title 6 §§ 304.4, 304.5)

The owner of a building or premises, his agent for the purposes of managing, controlling or collecting rents, or any other person managing or controlling a building or premises, any part of which contains an adult use, shall register the following information with the village clerk:

   A.   The address of the premises.

   B.   The name of the owner of the premises and names of the beneficial owners if the property is in a land trust.

   C.   The addresses of the owner and the beneficial owners.

   D.   The name of the business or establishment subject to the provisions of this chapter.

   E.   The name(s) and address(es) of the owner, beneficial owner or the major stockholders of the business or establishment subject to the provisions of this chapter.

   F.   The date of initiation of the adult use.

   G.   The nature of the adult use.

   H.   If the premises or building is leased, a copy of said lease must be attached. (1965 Code title 6 § 304.6)

Adult uses may be allowed, upon obtaining a special use permit, in any I-1 industrial district; provided, that no adult use shall be located on a parcel, a lot line of which is within two hundred feet (200') of any property which is used as a school or another adult use. (1965 Code title 6 § 304.3)

No liquor license shall be issued and no liquor shall be sold or consumed on premises of any adult use. (1965 Code title 6 § 304.2)

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 from any public way or from any property not registered as an adult use. This section shall apply to any display, decoration, sign, show window or other opening. (1965 Code title 6 § 304.7)

Any adult use which existed lawfully, but which became nonconforming upon the effective date hereof, may be continued as follows:

   A.   Upon written notice from the village to the owners/interests therein that any building, structure, lot or regulated use is nonconforming under the provisions of this title, as amended, the owners/interests therein shall, within two (2) months from the date of such notice, apply to the village clerk for a certificate of nonconformance.

   B.   Failure to apply for a certificate of nonconformance within two (2) months of the notice provided in section A of this section will require the amortization of the nonconformance within six (6) months of the notice provided for in said subsection A. (1965 Code title 6 § 304.8)

   C.   Nonconforming business owners/interests that have applied for a certificate of nonconformance from the village clerk shall be allowed to continue the business if the business becomes conforming within one year of the notice provided in section A of this section. (1965 Code title 6 § 304.8; amd. 2009 Code)