For the purposes of this chapter, the following terms, phrases, and words shall have the meanings given herein:

ADULT BOOTH: Any area of an adult entertainment establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

ADULT ENTERTAINMENT ESTABLISHMENT: Any of the following commercial establishments, as defined herein:

   A.   Adult Cabaret: Any commercial establishment that as a substantial or significant portion of its business regularly features any of the following:

      1.   Persons who appear seminude.

      2.   Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

   B.   Adult Store: Any commercial establishments:

      1.   That contains one or more adult booths;

      2.   That as a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or

      3.   That has a segment or section devoted to the sale or display of adult materials.

   C.   Adult Theater: Any commercial establishment that as a substantial or significant portion of its business regularly features for presentation films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.

   D.   Substantial Or Significant Portion Of Its Business: For purposes of the definitions in subsections A, B, and C of this definition, the phrase "substantial or significant portion of its business" shall be deemed to apply to any commercial establishment that satisfies one or more of the following criteria:

      1.   Gross Sales: Twenty five percent (25%) or more of the retail dollar value of the commercial establishment's annual gross sales derived from the sale, rental, or viewing of adult materials.

      2.   Floor Area: Twenty five percent (25%) or more of the floor area of the commercial establishment is devoted to the display, viewing, or presentation of adult materials, not including storerooms, stock areas, bathrooms, basements, or any other portion of the commercial establishment not open to the public.

      3.   Merchandise Displayed: Twenty five percent (25%) or more of the retail dollar value of all merchandise displayed at any one time is attributable to adult materials.

      4.   Inventory: Twenty five percent (25%) or more of all inventory of the commercial establishment (whether measured by retail dollar value or number of items) consists at any one time of adult materials.

      5.   Stock In Trade: Twenty five percent (25%) or more of the stock in trade at the commercial establishment consists at any one time of adult materials.

      6.   Live Performances: Live performances by persons appearing seminude, or live performances that are otherwise distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities, and that are taking place twenty five percent (25%) or more of the time during which the commercial establishment is open for business.

ADULT ESTABLISHMENT EMPLOYEE: Any individual, including entertainers, who work in or at, or render any services directly related to the operation of, an adult entertainment establishment; provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or repairs, to the licensed premises.

ADULT ESTABLISHMENT LICENSE: A license issued for an adult entertainment establishment pursuant to the provisions of this chapter.

ADULT ESTABLISHMENT PATRON: Any individual, other than an adult establishment employee, present in or at any adult entertainment establishment at any time when such adult entertainment establishment is open for business; provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or repairs, to the licensed premises.

ADULT MATERIAL: Any of the following, whether new or used, if they are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities:

   A.    1. Books, magazines, periodicals, or other printed matter, or digitally stored materials; or

      2.   Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind; or

      3.   Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.

   B.   Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.

NUDE OR STATE OF NUDITY: A state of dress or undress that exposes to view: a) less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed; or b) human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.

SEMINUDE: A state of dress or undress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.

SPECIFIED ANATOMICAL AREAS: Any of the following:

   A.   Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed.

   B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.

SPECIFIED SEXUAL ACTIVITIES: Any of the following:

   A.   Actual physical touching of human genitals, pubic region, buttocks, anus, or female breasts.

   B.   Actual physical sexual acts, normal or perverted, including intercourse, oral copulation, or sodomy.

   C.   Actual masturbation.

   D.   Human genitals in a state of sexual stimulation, arousal, or tumescence.

   E.   Excretory functions as part of or in connection with any of the activities set forth in subsection A, B, C, or D of this definition. (Ord. 2010-810, 4-6-2010)

Any other ordinance or section of any ordinance notwithstanding, and subject to the setback requirements of section 10-11-3 of this chapter, adult entertainment establishments shall be a conditional use only on properties located along Illinois Route 41, north of Edwards Road, and zoned in the LI-1 district. Adult entertainment establishments shall not be a permitted use in any district. (Ord. 2010-810, 4-6-2010)

No adult entertainment establishment shall be located within one thousand feet (1,000') of the property boundary of any other adult entertainment establishment and from any: a) place of religious worship; b) public or private nursery, elementary, or secondary school; c) a childcare facility; d) a public park, playground, playing field, forest preserve, or other recreational area; e) a public or private cemetery; f) a public housing facility; g) any lot zoned for residential purposes and within two hundred fifty feet (250') of any lot used for residential purposes. For the purposes of this section, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the adult entertainment establishment is located to the nearest point on a property line of: a) any residential property; or b) any lot on which a protected use or other adult entertainment establishment, as the case may be, is located, established, maintained, or operated. An adult entertainment establishment lawfully operating under this code and under the village adult use licensing regulations shall not be deemed to be in violation of the location restrictions set forth herein solely because: a) a protected use subsequently locates within the minimum required distance of the adult entertainment establishment; or b) property within the minimum required distance subsequently becomes residential property. This entry shall not apply to an adult entertainment establishment at a time when an application for an adult entertainment license under the adult use ordinance for that establishment is submitted after the license has previously expired, has been revoked, or is at that time under suspension. (Ord. 2010-810, 4-6-2010)

No adult entertainment establishment shall operate within the village unless and until an adult entertainment establishment license has been issued pursuant to title 3, chapter 11 of this code. (Ord. 2010-810, 4-6-2010)