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Local Government Committee
Filed: 3/14/2007
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09500HB1608ham001 |
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LRB095 09951 HLH 33634 a |
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| AMENDMENT TO HOUSE BILL 1608
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| AMENDMENT NO. ______. Amend House Bill 1608 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by |
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| 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 |
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| prohibited within a municipality to locate an adult |
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| entertainment
facility within 1,000 feet of the property
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| boundaries of any school, day care center, cemetery, public |
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| 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 |
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| 800,000 and less than 2,000,000 inhabitants, it is prohibited |
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| to locate, construct, or operate a new adult entertainment |
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| facility within one mile of the property boundaries of any |
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09500HB1608ham001 |
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LRB095 09951 HLH 33634 a |
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| school, day care center, cemetery, public park, forest |
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| preserve, public housing, or place of religious worship located |
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| anywhere within that county. Notwithstanding any other |
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| requirements of this Section, it is also prohibited to locate, |
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| construct, or operate a new adult entertainment facility within |
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| one mile of the property boundaries of any school, day care |
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| center, cemetery, public park, forest preserve, public |
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| housing, or place of religious worship located in that area of |
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| Cook County outside of the City of Chicago.
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| For the purposes of this Section, "adult entertainment |
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| facility" means
(i) a striptease club or pornographic movie |
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| theatre
whose business is the commercial
sale, dissemination, |
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| or distribution of sexually explicit material,
shows, or other
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| exhibitions
or (ii) an adult bookstore or adult video store |
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| whose primary
business is the commercial sale, dissemination, |
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| or distribution of sexually
explicit material, shows, or other |
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| 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 |
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| 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 |
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| prohibited within an unincorporated area of a county to locate |
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| an adult
entertainment facility within 3,000 feet of the |
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09500HB1608ham001 |
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LRB095 09951 HLH 33634 a |
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| property
boundaries of any school, day care center, cemetery, |
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| public park, forest
preserve, public
housing, place of |
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| religious
worship, or residence, except that in a county with a |
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| population of more than 800,000 and less than 2,000,000 |
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| inhabitants, it is prohibited to locate, construct, or operate |
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| a new adult entertainment facility within one mile of the |
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| property boundaries of any school, day care center, cemetery, |
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| public park, forest preserve, public housing, or place of |
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| religious worship located anywhere within that county. |
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| Notwithstanding any other requirements of this Section, it is |
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| also prohibited to locate, construct, or operate a new adult |
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| entertainment facility within one mile of the property |
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| boundaries of any school, day care center, cemetery, public |
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| park, forest preserve, public housing, or place of religious |
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| worship located in that area of Cook County outside of the City |
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| of Chicago.
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| For the purposes of this Section, "adult entertainment |
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| facility" means
(i) a striptease club or pornographic movie |
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| theatre
whose business is the commercial
sale, dissemination, |
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| or distribution of sexually explicit material,
shows, or other
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| exhibitions
or (ii) an adult bookstore or adult video store |
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| whose primary
business is the commercial sale, dissemination, |
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| or distribution of sexually
explicit material, shows, or other |
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| exhibitions. "Unincorporated area of a county" means any area |
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| not within the boundaries of a municipality.
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| The State's Attorney of the county where the adult |
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09500HB1608ham001 |
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LRB095 09951 HLH 33634 a |
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| entertainment facility is located or the Attorney General may |
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| institute a civil action for an injunction to restrain |
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| violations of this Section. In that proceeding, the court shall |
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| determine whether a violation has been committed and shall |
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| enter such orders as it considers necessary to remove the |
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| effect of any violation and to prevent the violation from |
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| 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 |
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| becoming law.".
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