For the purpose of this article, the words and phrases used herein shall have the following meanings, unless otherwise clearly indicated by the context:

Sexually oriented business shall mean any premises to which the public patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments, or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron, or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. A sexually oriented business further includes, without being limited to, any adult bookstores, adult motion picture theaters, adult mini-motion picture establishments, adult cabaret, adult entertainment studio or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.

Adult bookstore means an establishment having as a substantial or significant portion of its sales or stock and trade in books, films, video cassettes (whether for viewing off premises or on premises), or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons regularly used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.

Adult mini-motion picture theater means an enclosed building with a capacity of less than 50 persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.

Adult cabaret means a cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.

Adult entertainment means any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type, which has as a significant or substantial portion of such performance any actual or simulated performing of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal service offered customers.

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy;

(3)

Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals, public region;

b.

Buttocks;

c.

Female breasts below a point immediately above the top of the areola; and

(2)

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

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.

(Ord. No. 1205, § 2, 8-25-1998)

No liquor license shall be issued and no liquor shall be sold or consumed on the premises of any sexually oriented businesses.

(Ord. No. 1205, § 2, 8-25-1998)

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

(1)

The address of the premises;

(2)

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

(3)

The address of the owner and the beneficial owners;

(4)

The name of the business or establishment;

(5)

The name(s) and address(es) of the owner, beneficial owner or the major stockholders of the business or establishment;

(6)

The date of initiation of the sexually oriented business;

(7)

If the premises of building is leased, a copy of said lease must be attached.

(Ord. No. 1205, § 2, 8-25-1998)

Sexually oriented businesses are permitted in an industrial district provided that:

(1)

No person shall operate or cause to be operated a sexually oriented business within 1,000 feet of the property boundary of a pre-existing:

a.

Public or private elementary or secondary school; or

b.

Licensed day care center; or

c.

Place of religious worship.

(2)

No personal shall operate or cause to be operated a sexually oriented business within 500 feet of the property boundary of a pre-existing:

a.

Public park; or

b.

The centerline of Route 30, Cedar Road or the future I-355 extension; or

c.

Residential zoning district; or

d.

Another sexually oriented business.

For the purpose of this section, measurements 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 sexually oriented business is conducted, to the nearest property line of the other specified use, or the centerline of the designated roadways.

(Ord. No. 1205, § 2, 8-25-1998)

No sexually oriented business 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 provision shall apply to any display, decoration, sign, show window or other opening.

(Ord. No. 1205, § 2, 8-25-1998)

No sexually oriented business shall be open between the hours of 1:00 a.m. and 9:00 a.m. on any given day.

(Ord. No. 1205, § 2, 8-25-1998)

Entertainers identified in the definition of "Adult Cabaret" or similar entertainers shall perform upon a stage elevated at least 18 inches above floor level. All parts of the stage, or a clearly designated area thereof within which entertainers perform, shall be a distance of at least six feet from all parts of a clearly designated area in which patrons may be present. The stage area, or the clearly designated area thereof within which entertainers perform, shall be separated from the area in which patrons may be located by a barrier or railing, the top of which is at least four feet above floor level. Entertainers shall additionally stay at least six feet from other entertainers on stage.

(Ord. No. 1205, § 2, 8-25-1998)

It is hereby declared to be the intention of the Board of Trustees of the Village of New Lenox that the provisions of this article are severable. If any court of competent jurisdiction adjudges any provision of the article as invalid, such judgment shall not affect that any other provision of this article not specifically included in said judgment.

(Ord. No. 1205, § 2, 8-25-1998)