ADULT BOOKSTORE: An establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for 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 regularly features: a) persons who appear in a state of nudity; or b) live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or c) films, motion pictures, videocassettes, slides or other photographic or computer reproductions which are characterized by the depictions or descriptions of "specified sexual activities" or "specified anatomical areas".

   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 a substantial or significant portion 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 clubs allowing nudity at regular or frequent times, adult novelty stores and other similar uses.

   EMPLOYEE: Means and includes employees, independent contractors or any other person who is retained by the licensee or subject to dismissal from working at the licensed premises.

   ESTABLISHED OR ESTABLISHMENT: Means and includes any of the following:

   A.   The opening or commencement of any sexually oriented business as a new business;

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

   C.   The addition of any sexually oriented business to any other existing sexually oriented business; or

   D.   The relocation of any sexually oriented business.

   LICENSEE: A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license.

   NUDITY, OR STATE OF NUDITY: Means and includes the showing of the human male or female genitals, pubic area, female breasts with less than a full opaque covering below a point immediately above the top of the areola, human male genitals in a discernibly turgid state even if completely and opaquely covered or, that portion of the buttocks which would be covered by a properly worn "thong" type bikini bottom.

   OPERATE OR CAUSES TO BE OPERATED: To cause to function or to put or keep in operation.

   OPERATOR: Means and includes any person on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business, or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.

   PERSON: Means and includes any individual, proprietorship, partnership, corporation, association, or other legal entity.

   PUBLIC PLACE: Means and includes any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public places include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not for profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), hotels, motels, restaurants, nightclubs, country clubs, cabarets, and meeting facilities utilized by social, fraternal or similar organizations. Premises used solely as a private residence, whether permanent or temporary in nature, shall not be deemed a public place. Public places shall not include enclosed single sex public restrooms, enclosed single sex functional showers, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctors' offices, churches, synagogues or similar places when used for circumcisions, baptisms or similar religious ceremonies, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home; nor shall it include a person appearing in a state of nudity in a modeling class operated by a proprietary school licensed by the state or by a college, junior college or university supported entirely or partly by taxation, or by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or a university supported entirely or partly by taxation or an accredited private college.

   SEMINUDE: Means and includes a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

   SEXUALLY ORIENTED BUSINESS: A business that includes an adult use.

   SPECIFIED ANATOMICAL AREAS: Means and includes:

   A.   Less than completely and opaquely covered: 1) human genitals, 2) pubic region, 3) buttocks, 4) anus, 5) 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 CRIMINAL ACTIVITY: Means and includes any of the following offenses:

   A.   Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a minor; possession or distribution of child pornography; public lewdness; public indecency; indecency with a child; engaged in organized criminal activity; sexual assault; molestation of a child; gambling; distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of the state of Illinois or other states or countries;

   B.   For which: 1) less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or 2) less than five (5) years have elapsed since the date of conviction or the date of release from confinement for conviction, whichever is the later date, if the conviction is a felony offense; or 3) less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement from the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurred within any twenty four (24) month period; and

   C.   The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

   SPECIFIED SEXUAL ACTIVITIES: For the purposes of this chapter, "specified sexual activities" means and includes: a) human genitals in the state of sexual stimulation or arousal; b) human masturbation, sexual intercourse, sodomy, oral copulation, artificial or simulated; c) fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; and d) excretory functions as part of or in connection with any activities set forth in this definition.

   TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Means and includes any of the following:

   A.   The sale, lease, or sublease of the business;

   B.   The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

   C.   The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. (Ord. 3210, 12-6-2004)

No liquor license shall be issued to any premises where an adult use is conducted or allowed. No liquor shall be given away or allowed to be consumed on any such premises where adult use is allowed or conducted. (Ord. 3210, 12-6-2004)

Adult uses may be allowed, upon obtaining a special use permit, in an AG-1 district (agricultural district) provided: a) no adult use shall be located within one thousand feet (1,000') of the property boundaries of any school, daycare center, cemetery, public park, forest preserve, public housing and place of religious worship; b) no adult use shall be located within one thousand feet (1,000') of the property boundaries of any property located in an R-1 district (residential district) or R-2 district (residential district); c) no adult use shall be located within one thousand feet (1,000') of any residential structure in existence on the date of the public hearing relating to the application for a special use permit (as set forth in section 10-12-4 of this chapter); and the applicant shall file said application for a special use permit with the zoning enforcing officer and with the city clerk and the applicant shall fully comply with the notice requirement of 65 Illinois Compiled Statutes 5/11-13-7 (state bar edition). The measurement shall be from the property line of the real estate as shown by public records upon which the adult use premises is located to the property line of the other property described above. (Ord. 3210, 12-6-2004)

No adult use shall operate even at those locations where they may be allowed pursuant to section 10-12-3 of this chapter without first having obtained a special use permit from the city council by a two-thirds (2/3) favorable vote of the city council then holding office, provided that no special use permit shall be granted until it is first submitted to and approved by the plan commission, after a public hearing. The standards set forth in section 10-12-5 of this chapter shall govern in the determination of the plan commission whether to recommend the granting of or the refusal of such special use permit. (Ord. 3210, 12-6-2004)

No adult special use permit shall be granted by the city council unless the city council finds:

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

   B.   The adult use will not cause substantial injury to the value of other property in the neighborhood in which it is located;

   C.   The adult use will not unduly increase traffic congestion in the public streets and highways in the area in which it is located;

   D.   The adult use will not cause additional public expense for fire or police protection;

   E.   The adult use 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;

   F.   The location of the proposed adult use will not violate any of the terms of section 10-12-3 of this chapter; and

   G.   All terms and provisions of this chapter have been fully complied with. (Ord. 3210, 12-6-2004)

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 contains an adult use, shall file the following information with the city clerk and the zoning enforcing officer:

   A.   The address of the premises;

   B.   The full legal name(s) of the owner(s) of the premises and names of the beneficial owners if the property is in a land trust;

   C.   The full legal residential address of the owner(s) and the beneficial owner(s);

   D.   The full legal name of the business or establishment;

   E.   The full legal name(s) and full legal residential address(es) of the owner(s), beneficial owner(s) or the major stockholders of the business or establishment;

   F.   The proposed date of initiation of the adult use;

   G.   The specific nature of the adult use; and

   H.   If the premises or building is leased, a copy of said lease must be attached. (Ord. 3210, 12-6-2004)

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 provision shall apply to any display, decoration, sign, show window or other opening. (Ord. 3210, 12-6-2004)

Any adult use which existed lawfully, but which became nonconforming upon the adoption of this chapter, may be continued as hereinafter provided:

   A.   Upon written notice from the city to any owner or interest holder therein that any building, structure, lot or regulated use is nonconforming under this chapter, such owner(s) or interest holder(s) therein shall, within ninety (90) days from the date of such notice, apply to the city clerk for a certificate of nonconformance.

   B.   Failure to apply for a certificate of nonconformance within ninety (90) days of the notice provided in subsection A of this section will require the termination of the nonconformance within six (6) months of the notice provided for in subsection A of this section.

   C.   In any event, all nonconforming uses for which an application for a certificate of nonconformance from the city clerk has been filed shall be discontinued within one year of the notice provided in subsection A of this section. (Ord. 3210, 12-6-2004)