Full Text of HB0602 94th General Assembly
HB0602eng 94TH GENERAL ASSEMBLY
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HB0602 Engrossed |
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LRB094 03768 RAS 33777 b |
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| AN ACT concerning advertising.
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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 1. Short title. This Act may be cited as the Adult | 5 |
| Entertainment Message Regulation Act. | 6 |
| Section 5. Definitions. In this Act: | 7 |
| "Adult cabaret" means a nightclub, bar, restaurant, or | 8 |
| similar establishment in which owners, employees, or both | 9 |
| appear in a state of nudity or semi-nudity in the performance | 10 |
| of their duties or patrons are permitted or encouraged to | 11 |
| appear in a state of nudity or semi-nudity.
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| "Message" means any outdoor communication, the intent of | 13 |
| which is to advertise any adult cabaret or sexually-oriented | 14 |
| business, as the terms are defined in this Act. | 15 |
| "Semi-nudity" means a state of dress in which opaque | 16 |
| clothing fails to cover the genitals, anus, anal cleft or | 17 |
| cleavage, pubic area, vulva, nipple, and areola of the female | 18 |
| breast below a horizontal line across the top of the areola at | 19 |
| its highest point. Semi-nudity includes the entire lower | 20 |
| portion of the female breast, but does not include any portion | 21 |
| of the cleavage of the female breast exhibited by wearing | 22 |
| apparel, provided that the areola is not exposed in whole or | 23 |
| part.
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| "Sexually-oriented business" means any business that | 25 |
| offers its patrons goods of which a substantial portion are | 26 |
| sexually-oriented materials. Any business where more than 10% | 27 |
| of display space is used for sexually-oriented materials is | 28 |
| presumed to be a sexually-oriented business.
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| "Sexually-oriented materials" means any textual, | 30 |
| pictorial, or 3-dimensional material that explicitly depicts | 31 |
| subject matter that is intended to be sexually arousing, | 32 |
| including, but not limited to, nudity, sexual conduct, sexual |
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LRB094 03768 RAS 33777 b |
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| excitement, or sadomasochistic abuse.
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| Section 10. Message or other outdoor communication | 3 |
| regulation. No message or other outdoor communication | 4 |
| advertising an adult cabaret or a sexually-oriented business | 5 |
| may be located within the boundaries of any municipality or | 6 |
| within one mile of any municipal boundary, Interstate highway, | 7 |
| public or private elementary or secondary school, or church, | 8 |
| synagogue, or other established place of worship, except that | 9 |
| if such business is located within one mile of any municipal | 10 |
| boundary, Interstate highway, public or private elementary or | 11 |
| secondary school, or church, synagogue, or other established | 12 |
| place of worship, then the business may display a maximum of 2 | 13 |
| exterior messages on the premises of the business, consisting | 14 |
| of one message of identification and one message solely giving | 15 |
| notice that the premises are off limits to minors. The message | 16 |
| of identification shall be no more than 40 square feet in size | 17 |
| and shall include no more than the following information: name, | 18 |
| street address, telephone number, and operating hours of the | 19 |
| business. | 20 |
| Section 15. Grace period. Messages or other outdoor | 21 |
| communications existing at the time of the effective date of | 22 |
| this Act that do not conform to the requirements of this Act | 23 |
| may be allowed to continue in non-conforming use for the term | 24 |
| of the contract, up to one year after the effective date of | 25 |
| this Act.
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| Section 20. Penalty. Any owner of an adult cabaret or a | 27 |
| sexually-oriented business who violates any provision of this | 28 |
| Act is guilty of a Class C misdemeanor. Each day that a | 29 |
| violation of this Act continues to exist constitutes a separate | 30 |
| offense. | 31 |
| Section 25. Home rule; local ordinances; scope of Act. | 32 |
| (a) Except as provided in subsection (b) of this Section, a |
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| home rule unit may not regulate messages or other outdoor | 2 |
| communications advertising adult cabarets or sexually-oriented | 3 |
| businesses in a manner that is less restrictive than this Act. | 4 |
| This subsection (a) is a limitation under subsection (i) of | 5 |
| Section 6 of Article VII of the Illinois Constitution on the | 6 |
| concurrent exercise by home rule units of powers and functions | 7 |
| exercised by the State.
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| (b) A unit of local government may, by ordinance adopted | 9 |
| after the effective date of this Act, allow messages or other | 10 |
| outdoor communications within the jurisdiction of that unit of | 11 |
| local government that would otherwise be in violation of this | 12 |
| Act. Messages or other outdoor communications in compliance | 13 |
| with such an ordinance are not in violation of this Act. | 14 |
| (c) This Act shall not apply within a municipality with a | 15 |
| population over 500,000.
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| Section 99. Effective date. This Act takes effect July 1, | 17 |
| 2005.
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