ARTICLE VI – ADULT USES REGULATED

          26-6-1        PURPOSE AND ADDITIONAL FINDINGS.

          (A)               Purpose.  It is the purpose of this Article to regulate public nudity in order to promote the health, safety, morals, and general welfare of the citizens of the County.  The provisions of this Article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials.

          (B)               Findings.  The County Board finds:

                    (1)     Public places allowing nudity lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled.

                    (2)     Sexual acts, including masturbation, and oral and anal sex, occur at adult oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, live sex shows or public nudity.

                    (3)     Allowing public nudity creates unhealthy conditions.

                    (4)     Persons frequent certain adult theaters, adult arcades, and other adult oriented businesses for the purpose of engaging in sex within the premises of such adult oriented businesses.

                    (5)     At least fifty (50) communicable diseases may be spread by activities occurring in adult oriented businesses involving public nudity, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections.

                    (6)     Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in theUnited States.

                    (7)     The Surgeon General of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.

                    (8)     According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

                    (9)     Sanitary conditions in some adult oriented businesses and those places allowing public nudity are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities, including nudity, and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

                    (10)    Numerous studies and reports have determined that semen is found in the areas of adult oriented businesses allowing public nudity and where persons view “adult” oriented films.

                    (11)    The findings noted in paragraphs (1) through (10) raise substantial governmental concerns.

                    (12)    Public places allowing nudity have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.

                    (13)    The general welfare, health, morals and safety of the citizens of the County will be promoted by the enactment of this Article. 

          26-6-2        DEFINITIONS.  As used in this Article:

          (A)               “Adult Oriented Business” means an establishment as defined in theCountyCode.

          (B)               “Entity” means any proprietorship, partnership, corporation, association, business trust, joint venture, joint-stock company, or other for profit or not for profit organization.

          (C)               “Nude” means the showing of:

                    (1)     Human male or female genitals or pubic area with less than a fully opaque covering; or

                    (2)     Any portion of the anal cleft or cleavage of the male or female buttocks.  Attire that is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, thongs, and any other clothing to covering that does not completely and opaquely cover the anal cleft or cleavage of the male or female buttocks; or

                    (3)     The portion of the human female breast directly or laterally below a point immediately above the top of the areola with less than a fully opaque covering; this definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided the areola is not exposed.

          (D)               “Person” mean any live human being aged ten (10) years of age or older.

          (E)               “Place Provided or Set Apart for Nudity” means enclosed single sex public restrooms, enclosed single sex functional shower, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor’s offices, portions of hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and sphere of privacy constitutionally protected therein.  This term shall not be deemed to include places where a person’s conduct of being nude is used for his or her profit or where being nude is used for the promotion of business or is otherwise commercially exploited.

          (F)               “Public Place” means 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, whether open to the public at large, or whether entrance is limited by a cover charge or membership requirement), hotels, motels, restaurants, night clubs, country clubs, cabarets, and meeting facilities utilized by any religious, social, fraternal or similar organizations.  Premises, or portions thereof, such as homes and hotel rooms, used solely as a private residence, whether permanent or temporary in nature, shall not be deemed to be a public place.

          26-6-3        PROHIBITION.  It shall be unlawful for any person to knowingly or intentionally appear nude in a public place or in any other place that is readily visible to the public, except a place provided or set apart for nudity.  It shall also be unlawful for any person or entity maintaining, owning, or operating any public place to operate and to knowingly, or with reason to know, permit or allow any person to appear nude in such public place, except a place provided or set apart for nudity.

          26-6-4        LIMITATION.  This Article shall not be deemed to address photographs, movies, video presentations, or any other non-live performance.

          26-6-5        ADULT ENTERTAINMENT FACILITY.  It shall be unlawful within a municipality to locate an adult entertainment facility within one thousand (1,000) feet of the property boundaries of any school, day care center, cemetery, public park, forest preserve, public housing, and place of religious worship.

For the purposes of this Section, “adult entertainment facility” means:

          (A)               a striptease club or pornographic movie theatre whose business is the commercial sale, dissemination, or distribution of sexually explicit material, shows, or other exhibitions or

          (B)               an adult bookstore or adult video store in which twenty-five percent (25%) or more of its stock-in-trade, books, magazines, and films for sale, exhibition, or viewing on-premises are sexually explicit material.  (See 65 ILCS 5/11-5-1.5)