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| | HB3983 Engrossed | | LRB099 11142 AWJ 31611 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Counties Code is amended by changing |
| 5 | | Sections 5-1097.5 and 5-1097.7 as follows:
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| 6 | | (55 ILCS 5/5-1097.5)
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| 7 | | Sec. 5-1097.5. Adult entertainment facility. |
| 8 | | (a) It is the intent of the General Assembly through this |
| 9 | | Section to control the negative secondary effects associated |
| 10 | | with the operation of adult entertainment facilities, |
| 11 | | including, but not limited to, negative impacts on surrounding |
| 12 | | properties, personal and property crimes, and vice activities, |
| 13 | | and to restrict the proximity of adult entertainment facilities |
| 14 | | near places where children and families are actively present, |
| 15 | | so as to promote the health, safety, and welfare of the |
| 16 | | citizens of Illinois. |
| 17 | | This Section is not intended to deny access by adults to |
| 18 | | any expression that may be protected by the First Amendment of |
| 19 | | the United States Constitution or by the Illinois Constitution. |
| 20 | | (b) It is prohibited within an unincorporated area of a |
| 21 | | county to locate an adult
entertainment facility within 3,000 |
| 22 | | feet of the property
boundaries of any school, day care center, |
| 23 | | cemetery, public park, forest
preserve, public
housing, place |
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| 1 | | of religious
worship, or residence, except that in a county |
| 2 | | with a population of more than 800,000 and less than 2,000,000 |
| 3 | | inhabitants, it is prohibited to locate, construct, or operate |
| 4 | | a new adult entertainment facility within one mile of the |
| 5 | | property boundaries of any school, day care center, cemetery, |
| 6 | | public park, forest preserve, public housing, or place of |
| 7 | | religious worship located anywhere within that county. |
| 8 | | Notwithstanding any other requirements of this Section, it is |
| 9 | | also prohibited to locate, construct, or operate a new adult |
| 10 | | entertainment facility within one mile of the property |
| 11 | | boundaries of any school, day care center, cemetery, public |
| 12 | | park, forest preserve, public housing, or place of religious |
| 13 | | worship located in that area of Cook County outside of the City |
| 14 | | of Chicago. The provisions requiring a one-mile separation |
| 15 | | shall not be enforced if enforcement would fail to allow adult |
| 16 | | entertainment facilities reasonable alternative avenues of |
| 17 | | communication.
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| 18 | | (c) For the purposes of this Section, "adult entertainment |
| 19 | | facility" means
(i) a movie theater, lounge, nightclub, bar, |
| 20 | | juice bar, or similar commercial establishment that regularly |
| 21 | | features a striptease club or pornographic movie theatre
whose |
| 22 | | business is the commercial
sale, dissemination, or |
| 23 | | distribution of sexually explicit material,
shows, or other
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| 24 | | exhibitions characterized by an emphasis on the display of |
| 25 | | specified anatomical areas or specified sexual activities,
or |
| 26 | | (ii) a an adult bookstore or adult video store whose primary
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| 1 | | business is the commercial sale, dissemination, or |
| 2 | | distribution of sexually
explicit material, shows, or other |
| 3 | | exhibitions characterized by an emphasis on the display of |
| 4 | | specified anatomical areas, specified sexual activities, or |
| 5 | | devices, other than devices designed to prevent pregnancy or |
| 6 | | sexually transmitted diseases, that are designed for use during |
| 7 | | specified sexual activities. "Unincorporated area of a county" |
| 8 | | means any area not within the boundaries of a municipality and |
| 9 | | "specified anatomical areas" and "specified sexual activities" |
| 10 | | shall have the meanings given to those terms in Section |
| 11 | | 5-1097.7 of this Code.
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| 12 | | (d) The State's Attorney of the county where the adult |
| 13 | | entertainment facility is located or the Attorney General may |
| 14 | | institute a civil action for an injunction to restrain |
| 15 | | violations of this Section. Those persons and entities |
| 16 | | authorized to bring an action to enjoin a zoning violation may |
| 17 | | bring an action to enjoin a violation of this Section. In any |
| 18 | | enforcement that proceeding, the court shall determine whether |
| 19 | | a violation has been committed and shall enter such orders as |
| 20 | | it considers necessary to remove the effect of any violation |
| 21 | | and to prevent the violation from continuing or from being |
| 22 | | renewed in the future.
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| 23 | | (e) A home rule unit may not enact an ordinance, rule, or |
| 24 | | otherwise allow an adult entertainment facility to operate in a |
| 25 | | manner inconsistent with this Section, except that a home rule |
| 26 | | unit may lessen the required distance between an adult |
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| 1 | | entertainment facility and any other land use listed in |
| 2 | | subsection (b) of this Section to not less than 250 feet from |
| 3 | | the home rule unit's boundary. This Section is a limitation |
| 4 | | under subsection (g) of Section 6 of Article VII of the |
| 5 | | Illinois Constitution on the concurrent exercise by home rule |
| 6 | | units of powers and functions exercised by the State. |
| 7 | | (f) The provisions of this Section are severable under |
| 8 | | Section 1.31 of the Statute on Statutes. |
| 9 | | (Source: P.A. 94-496, eff. 1-1-06; 95-214, eff. 8-16-07.)
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| 10 | | (55 ILCS 5/5-1097.7)
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| 11 | | Sec. 5-1097.7. Local ordinances to regulate adult |
| 12 | | entertainment facilities and obscenity. |
| 13 | | (a) Definitions. In this Act: |
| 14 | | "Specified anatomical area" means human genitals or pubic |
| 15 | | region, buttocks, anus, or the female breast below a point |
| 16 | | immediately above the top the areola that is less than |
| 17 | | completely or opaquely covered, or human male genitals in a |
| 18 | | discernibly turgid state even if completely or opaquely |
| 19 | | covered. |
| 20 | | "Specified sexual activities" means (i) human genitals in a |
| 21 | | state of sexual stimulation or excitement; (ii) acts of human |
| 22 | | masturbation, sexual intercourse, fellatio, or sodomy; (iii) |
| 23 | | fondling, kissing, or erotic touching of specified anatomical |
| 24 | | areas; (iv) flagellation or torture in the context of a sexual |
| 25 | | relationship; (v) masochism, erotic or sexually oriented |
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| 1 | | torture, beating, or the infliction of pain; (vi) erotic |
| 2 | | touching, fondling, or other such contact with an animal by a |
| 3 | | human being; or (vii) human excretion, urination, |
| 4 | | menstruation, or vaginal or anal irrigation as part of or in |
| 5 | | connection with any of the activities set forth in items (i) |
| 6 | | through (vi). |
| 7 | | (b) Ordinance to regulate adult entertainment facilities. |
| 8 | | A county may adopt by
ordinance reasonable regulations |
| 9 | | concerning the operation of any business: (i) defined as
an |
| 10 | | adult entertainment facility in Section 5-1097.5 of this Act or |
| 11 | | (ii) that offers or
provides activities by employees, agents, |
| 12 | | or contractors of the business that involve
exposure of |
| 13 | | specified anatomical areas or performance of specified sexual |
| 14 | | activities in
view of any patron, client, or customer of the |
| 15 | | business. A county ordinance may also
prohibit the sale, |
| 16 | | dissemination, display, exhibition, or distribution of obscene |
| 17 | | materials
or conduct. |
| 18 | | (c) A county adopting an ordinance to regulate adult |
| 19 | | entertainment facilities may
authorize the State's Attorney to |
| 20 | | institute a civil action to restrain violations of that
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| 21 | | ordinance. In that proceeding, the court shall enter such |
| 22 | | orders as it considers necessary to abate the violation and to |
| 23 | | prevent the violation from continuing or from being renewed
in |
| 24 | | the future. In addition to any injunctive relief granted by the |
| 25 | | court, an ordinance may
further authorize the court to assess |
| 26 | | fines of up to $1,000 per day for each violation of the
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| 1 | | ordinance, with each day in violation constituting a new and |
| 2 | | separate offense.
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| 3 | | (d) A home rule unit may not enact an ordinance, rule, or |
| 4 | | otherwise allow an adult entertainment facility to operate in a |
| 5 | | manner inconsistent with this Section or subsection (e) of |
| 6 | | Section 5-1097.5 of this Code. This Section is a limitation |
| 7 | | under subsection (g) of Section 6 of Article VII of the |
| 8 | | Illinois Constitution on the concurrent exercise by home rule |
| 9 | | units of powers and functions exercised by the State. |
| 10 | | (e) The provisions of this Section are severable under |
| 11 | | Section 1.31 of the Statute on Statutes.
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| 12 | | (Source: P.A. 94-496, eff. 1-1-06.)
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| 13 | | Section 10. The Illinois Municipal Code is amended by |
| 14 | | changing Section 11-5-1.5 as follows:
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| 15 | | (65 ILCS 5/11-5-1.5)
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| 16 | | Sec. 11-5-1.5. Adult entertainment facility. |
| 17 | | (a) It is the intent of the General Assembly through this |
| 18 | | Section to control the negative secondary effects associated |
| 19 | | with the operation of adult entertainment facilities, |
| 20 | | including, but not limited to, negative impacts on surrounding |
| 21 | | properties, personal and property crimes, and vice activities, |
| 22 | | and to restrict the proximity of adult entertainment facilities |
| 23 | | near places where children and families are actively present, |
| 24 | | so as to promote the health, safety, and welfare of the |
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| | HB3983 Engrossed | - 7 - | LRB099 11142 AWJ 31611 b |
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| 1 | | citizens of Illinois. |
| 2 | | This Section is not intended to deny access by adults to |
| 3 | | any expression that may be protected by the First Amendment of |
| 4 | | the United States Constitution or by the Illinois Constitution. |
| 5 | | (b) It is prohibited within a municipality to locate an |
| 6 | | adult entertainment
facility within 1,000 feet of the property
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| 7 | | boundaries of any school, day care center, cemetery, public |
| 8 | | park, forest
preserve, public
housing, and place of religious
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| 9 | | worship, except that in a county with a population of more than |
| 10 | | 800,000 and less than 2,000,000 inhabitants, it is prohibited |
| 11 | | to locate, construct, or operate a new adult entertainment |
| 12 | | facility within one mile of the property boundaries of any |
| 13 | | school, day care center, cemetery, public park, forest |
| 14 | | preserve, public housing, or place of religious worship located |
| 15 | | anywhere within that county. Notwithstanding any other |
| 16 | | requirements of this Section, it is also prohibited to locate, |
| 17 | | construct, or operate a new adult entertainment facility within |
| 18 | | one mile of the property boundaries of any school, day care |
| 19 | | center, cemetery, public park, forest preserve, public |
| 20 | | housing, or place of religious worship located in that area of |
| 21 | | Cook County outside of the City of Chicago. These provisions |
| 22 | | requiring a one-mile separation shall not be enforced if |
| 23 | | enforcement would fail to allow adult entertainment facilities |
| 24 | | reasonable alternative avenues of communication.
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| 25 | | (c) For the purposes of this Section, "adult entertainment |
| 26 | | facility" means
(i) a movie theater, lounge, nightclub, bar, |
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| | HB3983 Engrossed | - 8 - | LRB099 11142 AWJ 31611 b |
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| 1 | | juice bar, or similar commercial establishment that regularly |
| 2 | | features a striptease club or pornographic movie theatre
whose |
| 3 | | business is the commercial
sale, dissemination, or |
| 4 | | distribution of sexually explicit material,
shows, or other
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| 5 | | exhibitions characterized by an emphasis on the display of |
| 6 | | specified anatomical areas or specified sexual activities,
or |
| 7 | | (ii) a store whose primary business is the commercial sale, |
| 8 | | dissemination, or distribution of materials, shows or other |
| 9 | | exhibitions characterized by an emphasis on the display of |
| 10 | | specified anatomical areas or specified sexual activities, or |
| 11 | | devices, other than devices designed to prevent pregnancy or |
| 12 | | sexually transmitted diseases, that are designed for use during |
| 13 | | specified sexual activities. As used in this subsection (c), |
| 14 | | "specified anatomical areas" and "specified sexual activities" |
| 15 | | shall have the meanings given to those terms in Section |
| 16 | | 5-1097.7 of the Counties Code an adult bookstore or adult video |
| 17 | | store in which 25% or more of its stock-in-trade, books, |
| 18 | | magazines, and films for sale, exhibition, or viewing |
| 19 | | on-premises are sexually explicit material. |
| 20 | | (d) The State's Attorney of the county where the adult |
| 21 | | entertainment facility is located or the Attorney General may |
| 22 | | institute a civil action for an injunction to restrain |
| 23 | | violations of this Section. Those persons and entities |
| 24 | | authorized to bring an action under Section 11-13-15 of this |
| 25 | | Code to enjoin a zoning violation may bring an action to enjoin |
| 26 | | a violation of this Section, and may obtain the remedies set |
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| 1 | | forth in Section 11-13-15 of this Code. In any enforcement |
| 2 | | proceeding, the court shall determine whether a violation has |
| 3 | | been committed and shall enter such orders as it considers |
| 4 | | necessary to remove the effect of any violation and to prevent |
| 5 | | the violation from continuing or from being renewed in the |
| 6 | | future. |
| 7 | | (e) A home rule unit may not enact an ordinance, rule, or |
| 8 | | otherwise allow an adult entertainment facility to operate in a |
| 9 | | manner inconsistent with this Section, except that a home rule |
| 10 | | unit may lessen the required distance between an adult |
| 11 | | entertainment facility and any other land use listed in |
| 12 | | subsection (b) of this Section to not less than 250 feet from |
| 13 | | the home rule unit's boundary. This Section is a limitation |
| 14 | | under subsection (g) of Section 6 of Article VII of the |
| 15 | | Illinois Constitution on the concurrent exercise by home rule |
| 16 | | units of powers and functions exercised by the State. |
| 17 | | (f) The provisions of this Section are severable under |
| 18 | | Section 1.31 of the Statute on Statutes.
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| 19 | | (Source: P.A. 95-47, eff. 1-1-08; 95-214, eff. 8-16-07; 95-876, |
| 20 | | eff. 8-21-08.)
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| 21 | | Section 99. Effective date. This Act takes effect upon |
| 22 | | becoming law.
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