HB3911 99TH GENERAL ASSEMBLY

LRB099 10514 MRW 30741 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3911

Introduced , by Rep. Marcus C. Evans, Jr.

SYNOPSIS AS INTRODUCED:

New Act

Creates the Sexually Oriented Business Advertising Act. Requires any billboard within this State, otherwise allowed by law or ordinance, which is visible from a freeway, Interstate highway, main-traveled way, primary highway, or secondary highway, that advertises a sexually oriented business shall display only words or numbers on the billboard and may display the registered trademark of the business. The words or numbers on the billboard shall not describe or relate to a specified sexual activity or specified anatomical area. A person who violates this Section shall be subject to a civil fine of not less than $5,000 or more than $10,000 for each day of violation. Defines terms.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act shall be known and may be cited as the Sexually Oriented Business Advertising Act.

Section 5. Definitions.

As used in this Section:

"Billboard" means a sign separate from a premises erected for the purpose of advertising a product, event, person, or subject not related to the premises on which the sign is located. Off-premises directional signs as permitted in this Act shall not be considered billboards for the purpose of this Section.

"Freeway" means a divided highway of not less than 2 lanes in each direction to which owners or occupants of abutting property or the public do not have a right of ingress or egress to, from, or across the highway, except at points determined by or as otherwise provided by the authorities responsible for the highway.

"Interstate highway" means any highway designated by the Department of Transportation and approved by the United States Department of Transportation as a part of the National System of Interstate and Defense Highways.

"Main-traveled way" means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. It does not include facilities such as frontage roads, turning roadways, or parking areas.

"Primary highway" means any highway, other than an Interstate highway, designated by the Department of Transportation and approved by the United States Department of Transportation as a part of the Federal-Aid Primary System in existence on June 1, 1991 or any highway other than an Interstate highway that is not on such system that is on the National Highway System.

"Secondary highway" means a State secondary road or county primary road.

"Sexually oriented business" includes, but is not limited to, an adult bookstore, adult video store, adult cabaret, adult motion picture theater, sexual device store, sexual encounter center, or an establishment that regularly feature live performances characterized by the exposure of a specific anatomical area or by specific sexual activity or in which persons appear in a state of nudity or seminudity in the performance of their duties. A "sexually oriented business" does not include a business solely because it shows, sells, or rents materials that may depict sex.

"Specified anatomical area" means less than completely and opaquely covered human genitals, pubic region, buttocks, or female breasts below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if covered.

"Specified sexually activity" means the fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttocks, or female breasts.

"Seminudity" means a state of dress in which opaque clothing fails to cover genitals, anus, anal cleft or cleavage, pubic area, vulva, or nipple and areola of the female breast.

"Visible" means capable of being seen (whether or not legible) without visual aid by persons of normal visual acuity.

Section 10. Sexually oriented business advertising.

Any billboard within this State, otherwise allowed by law or ordinance, which is visible from a freeway, Interstate highway, main-traveled way, primary highway, or secondary highway, that advertises a sexually oriented business shall display only words or numbers on the billboard and may display the registered trademark of the business. The words or numbers on the billboard shall not describe or relate to a specified sexual activity or specified anatomical area.

Section 15. Penalty. A person who violates this Section shall be subject to a civil fine of not less than $5,000 or more than $10,000 for each day of violation.