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| Public Act 095-0214 |
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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 Illinois Municipal Code is amended by | ||||
changing Section 11-5-1.5 as follows:
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(65 ILCS 5/11-5-1.5)
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Sec. 11-5-1.5. Adult entertainment facility. It is | ||||
prohibited within a municipality to locate an adult | ||||
entertainment
facility within 1,000 feet of the property
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boundaries of any school, day care center, cemetery, public | ||||
park, forest
preserve, public
housing, and place of religious
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worship, except that in a county with a population of more than | ||||
800,000 and less than 2,000,000 inhabitants, it is prohibited | ||||
to locate, construct, or operate a new adult entertainment | ||||
facility within one mile of the property boundaries of any | ||||
school, day care center, cemetery, public park, forest | ||||
preserve, public housing, or place of religious worship located | ||||
anywhere within that county. Notwithstanding any other | ||||
requirements of this Section, it is also prohibited to locate, | ||||
construct, or operate a new adult entertainment facility within | ||||
one mile of the property boundaries of any school, day care | ||||
center, cemetery, public park, forest preserve, public | ||||
housing, or place of religious worship located in that area of | ||||
Cook County outside of the City of Chicago.
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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.
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(Source: P.A. 90-394, eff. 1-1-98; 90-634, eff. 7-24-98.)
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Section 10. The Counties Code is amended by changing | ||
Section 5-1097.5.
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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, place of | ||
religious
worship, or residence, except that in a county with a | ||
population of more than 800,000 and less than 2,000,000 | ||
inhabitants, it is prohibited to locate, construct, or operate | ||
a new adult entertainment facility within one mile of the | ||
property boundaries of any school, day care center, cemetery, | ||
public park, forest preserve, public housing, or place of | ||
religious worship located anywhere within that county. | ||
Notwithstanding any other requirements of this Section, it is | ||
also prohibited to locate, construct, or operate a new adult | ||
entertainment facility within one mile of the property | ||
boundaries of any school, day care center, cemetery, public | ||
park, forest preserve, public housing, or place of religious | ||
worship located in that area of Cook County outside of the City | ||
of Chicago.
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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; 94-496, eff. 1-1-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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