Full Text of HB1333 94th General Assembly
HB1333 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1333
Introduced 02/09/05, by Rep. John J. Millner SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/5-1097.5 |
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55 ILCS 5/5-1097.7 new |
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Amends the Counties Code. Provides that no adult entertainment facilities within an unincorporated area of a county shall be located within 1,000 feet of a specified area, such as a school, a day care center, a public park, a place of religious worship, or a residence (now, the ban applies throughout the county but does not include residences). Provides that the Attorney General or the State's attorney of the county in which the adult entertainment facility is located may seek enforcement by injunction. Provides that a county may adopt an ordinance to regulate adult entertainment facilities and includes definitions of specified anatomical areas and specified sexual activities. Provides that the ordinance may authorize the State's attorney to institute a civil action to restrain an ordinance violation. Authorizes fines of up to $1,000 per day for each violation and injunctive relief to abate violations or to prevent violations from continuing.
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A BILL FOR
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HB1333 |
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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 |
| 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 | 8 |
| prohibited within an unincorporated area of a county to locate | 9 |
| an adult
entertainment facility within 3,000 feet of the | 10 |
| property
boundaries of any school, day care center, cemetery, | 11 |
| public park, forest
preserve, public
housing, and place of | 12 |
| religious
worship , or residence .
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| For the purposes of this Section, "adult entertainment | 14 |
| facility" means
(i) a striptease club or pornographic movie | 15 |
| theatre
whose business is the commercial
sale, dissemination, | 16 |
| or distribution of sexually explicit material,
shows, or other
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| exhibitions
or (ii) an adult bookstore or adult video store | 18 |
| whose primary
business is the commercial sale, dissemination, | 19 |
| or distribution of sexually
explicit material, shows, or other | 20 |
| exhibitions. "Unincorporated area of a county" means any area | 21 |
| not within the boundaries of a municipality.
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| The State's Attorney of the county where the adult | 23 |
| entertainment facility is located or the Attorney General may | 24 |
| institute a civil action for an injunction to restrain | 25 |
| violations of this Section. In that proceeding, the court shall | 26 |
| determine whether a violation has been committed and shall | 27 |
| enter such orders as it considers necessary to remove the | 28 |
| effect of any violation and to prevent the violation from | 29 |
| 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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HB1333 |
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LRB094 07416 AJO 37578 b |
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| Sec. 5-1097.7. Local ordinances to regulate adult | 2 |
| entertainment facilities and obscenity. | 3 |
| (a) Definitions. In this Act: | 4 |
| "Specified anatomical area" means human genitals or pubic | 5 |
| region, buttocks, anus, or the female breast below a point | 6 |
| immediately above the top the areola that is less than | 7 |
| completely or opaquely covered, or human male genitals in a | 8 |
| discernibly turgid state even if completely or opaquely | 9 |
| covered. | 10 |
| "Specified sexual activities" means (i) human genitals in a | 11 |
| state of sexual stimulation or excitement; (ii) acts of human | 12 |
| masturbation, sexual intercourse, fellatio, or sodomy; (iii) | 13 |
| fondling, kissing, or erotic touching of specified anatomical | 14 |
| areas; (iv) flagellation or torture in the context of a sexual | 15 |
| relationship; (v) masochism, erotic or sexually oriented | 16 |
| torture, beating, or the infliction of pain; (vi) erotic | 17 |
| touching, fondling, or other such contact with an animal by a | 18 |
| human being; or (vii) human excretion, urination, | 19 |
| menstruation, or vaginal or anal irrigation as part of or in | 20 |
| connection with any of the activities set forth in items (i) | 21 |
| through (vi). | 22 |
| (b) Ordinance to regulate adult entertainment facilities. | 23 |
| A county may adopt by
ordinance reasonable regulations | 24 |
| concerning the operation of any business: (i) defined as
an | 25 |
| adult entertainment facility in Section 5-1097.5 of this Act or | 26 |
| (ii) that offers or
provides activities by employees, agents, | 27 |
| or contractors of the business that involve
exposure of | 28 |
| specified anatomical areas or performance of specified sexual | 29 |
| activities in
view of any patron, client, or customer of the | 30 |
| business. A county ordinance may also
prohibit the sale, | 31 |
| dissemination, display, exhibition, or distribution of obscene | 32 |
| materials
or conduct. A county adopting an ordinance to | 33 |
| regulate adult entertainment facilities may
authorize the | 34 |
| State's Attorney to institute a civil action to restrain | 35 |
| violations of that
ordinance. In that proceeding, the court | 36 |
| shall enter such orders as it considers necessary to abate the |
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HB1333 |
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LRB094 07416 AJO 37578 b |
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| violation and to prevent the violation from continuing or from | 2 |
| being renewed
in the future. In addition to any injunctive | 3 |
| relief granted by the court, an ordinance may
further authorize | 4 |
| the court to assess fines of up to $1,000 per day for each | 5 |
| violation of the
ordinance, with each day in violation | 6 |
| constituting a new and separate offense.
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