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Public Act 094-0496
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| HB1333 Enrolled |
LRB094 07416 AJO 37578 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section |
5-1097.5 and by adding Section 5-1097.7 as follows:
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(55 ILCS 5/5-1097.5)
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Sec. 5-1097.5. Adult entertainment facility. It is |
prohibited within an unincorporated area of a county to locate |
an adult
entertainment facility within 3,000 feet of the |
property
boundaries of any school, day care center, cemetery, |
public park, forest
preserve, public
housing, and place of |
religious
worship, or residence.
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For the purposes of this Section, "adult entertainment |
facility" means
(i) a striptease club or pornographic movie |
theatre
whose business is the commercial
sale, dissemination, |
or distribution of sexually explicit material,
shows, or other
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exhibitions
or (ii) an adult bookstore or adult video store |
whose primary
business is the commercial sale, dissemination, |
or distribution of sexually
explicit material, shows, or other |
exhibitions. "Unincorporated area of a county" means any area |
not within the boundaries of a municipality.
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The State's Attorney of the county where the adult |
entertainment facility is located or the Attorney General may |
institute a civil action for an injunction to restrain |
violations of this Section. In that proceeding, the court shall |
determine whether a violation has been committed and shall |
enter such orders as it considers necessary to remove the |
effect of any violation and to prevent the violation from |
continuing or from being renewed in the future.
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(Source: P.A. 93-1056, eff. 11-23-04.)
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(55 ILCS 5/5-1097.7 new)
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Sec. 5-1097.7. Local ordinances to regulate adult |
entertainment facilities and obscenity. |
(a) Definitions. In this Act: |
"Specified anatomical area" means human genitals or pubic |
region, buttocks, anus, or the female breast below a point |
immediately above the top the areola that is less than |
completely or opaquely covered, or human male genitals in a |
discernibly turgid state even if completely or opaquely |
covered. |
"Specified sexual activities" means (i) human genitals in a |
state of sexual stimulation or excitement; (ii) acts of human |
masturbation, sexual intercourse, fellatio, or sodomy; (iii) |
fondling, kissing, or erotic touching of specified anatomical |
areas; (iv) flagellation or torture in the context of a sexual |
relationship; (v) masochism, erotic or sexually oriented |
torture, beating, or the infliction of pain; (vi) erotic |
touching, fondling, or other such contact with an animal by a |
human being; or (vii) human excretion, urination, |
menstruation, or vaginal or anal irrigation as part of or in |
connection with any of the activities set forth in items (i) |
through (vi). |
(b) Ordinance to regulate adult entertainment facilities. |
A county may adopt by
ordinance reasonable regulations |
concerning the operation of any business: (i) defined as
an |
adult entertainment facility in Section 5-1097.5 of this Act or |
(ii) that offers or
provides activities by employees, agents, |
or contractors of the business that involve
exposure of |
specified anatomical areas or performance of specified sexual |
activities in
view of any patron, client, or customer of the |
business. A county ordinance may also
prohibit the sale, |
dissemination, display, exhibition, or distribution of obscene |
materials
or conduct. A county adopting an ordinance to |
regulate adult entertainment facilities may
authorize the |
State's Attorney to institute a civil action to restrain |
violations of that
ordinance. In that proceeding, the court |
shall enter such orders as it considers necessary to abate the |