Full Text of SB3513 101st General Assembly
SB3513 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3513 Introduced 2/14/2020, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: |
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Amends the Counties Code. In provisions allowing a non-home rule county to adopt an ordinance with reasonable regulations concerning the operation of specified adult entertainment facilities or businesses in unincorporated areas of the county, removes a restriction limiting the provisions to non-home rule counties with a population of at least 900,000. Makes a grammatical change. Effective January 1, 2021.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing Section | 5 | | 5-1097.7 as follows: | 6 | | (55 ILCS 5/5-1097.7) | 7 | | (Text of Section before amendment by P.A. 101-405 )
| 8 | | Sec. 5-1097.7. Local ordinances to regulate adult | 9 | | entertainment facilities and obscenity. | 10 | | (a) Definitions. In this Act: | 11 | | "Specified anatomical area" means human genitals or pubic | 12 | | region, buttocks, anus, or the female breast below a point | 13 | | immediately above the top the areola that is less than | 14 | | completely or opaquely covered, or human male genitals in a | 15 | | discernibly turgid state even if completely or opaquely | 16 | | covered. | 17 | | "Specified sexual activities" means (i) human genitals in a | 18 | | state of sexual stimulation or excitement; (ii) acts of human | 19 | | masturbation, sexual intercourse, fellatio, or sodomy; (iii) | 20 | | fondling, kissing, or erotic touching of specified anatomical | 21 | | areas; (iv) flagellation or torture in the context of a sexual | 22 | | relationship; (v) masochism, erotic or sexually oriented | 23 | | torture, beating, or the infliction of pain; (vi) erotic |
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| 1 | | touching, fondling, or other such contact with an animal by a | 2 | | human being; or (vii) human excretion, urination, | 3 | | menstruation, or vaginal or anal irrigation as part of or in | 4 | | connection with any of the activities set forth in items (i) | 5 | | through (vi). | 6 | | (b) Ordinance to regulate adult entertainment facilities. | 7 | | A county may adopt by
ordinance reasonable regulations | 8 | | concerning the operation of any business: (i) defined as
an | 9 | | adult entertainment facility in Section 5-1097.5 of this Act or | 10 | | (ii) that offers or
provides activities by employees, agents, | 11 | | or contractors of the business that involve
exposure of | 12 | | specified anatomical areas or performance of specified sexual | 13 | | activities in
view of any patron, client, or customer of the | 14 | | business. A county ordinance may also
prohibit the sale, | 15 | | dissemination, display, exhibition, or distribution of obscene | 16 | | materials
or conduct. A county adopting an ordinance to | 17 | | regulate adult entertainment facilities may
authorize the | 18 | | State's Attorney to institute a civil action to restrain | 19 | | violations of that
ordinance. In that proceeding, the court | 20 | | shall enter such orders as it considers necessary to abate the | 21 | | violation and to prevent the violation from continuing or from | 22 | | being renewed
in the future. In addition to any injunctive | 23 | | relief granted by the court, an ordinance may
further authorize | 24 | | the court to assess fines of up to $1,000 per day for each | 25 | | violation of the
ordinance, with each day in violation | 26 | | constituting a new and separate offense.
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| 1 | | (Source: P.A. 94-496, eff. 1-1-06.) | 2 | | (Text of Section after amendment by P.A. 101-405 ) | 3 | | Sec. 5-1097.7. Local ordinances to regulate adult | 4 | | entertainment facilities and obscenity. | 5 | | (a) Definitions. In this Act: | 6 | | "Specified anatomical area" means human genitals or pubic | 7 | | region, buttocks, anus, or the female breast below a point | 8 | | immediately above the top the areola that is less than | 9 | | completely or opaquely covered, or human male genitals in a | 10 | | discernibly turgid state even if completely or opaquely | 11 | | covered. | 12 | | "Specified sexual activities" means (i) human genitals in a | 13 | | state of sexual stimulation or excitement; (ii) acts of human | 14 | | masturbation, sexual intercourse, fellatio, or sodomy; (iii) | 15 | | fondling, kissing, or erotic touching of specified anatomical | 16 | | areas; (iv) flagellation or torture in the context of a sexual | 17 | | relationship; (v) masochism, erotic or sexually oriented | 18 | | torture, beating, or the infliction of pain; (vi) erotic | 19 | | touching, fondling, or other such contact with an animal by a | 20 | | human being; or (vii) human excretion, urination, | 21 | | menstruation, or vaginal or anal irrigation as part of or in | 22 | | connection with any of the activities set forth in items (i) | 23 | | through (vi). | 24 | | (b) Ordinance to regulate adult entertainment facilities. | 25 | | Except as provided under subsection (c), a county may adopt by
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| 1 | | ordinance reasonable regulations concerning the operation of | 2 | | any business: (i) defined as
an adult entertainment facility in | 3 | | Section 5-1097.5 of this Act or (ii) that offers or
provides | 4 | | activities by employees, agents, or contractors of the business | 5 | | that involve
exposure of specified anatomical areas or | 6 | | performance of specified sexual activities in
view of any | 7 | | patron, client, or customer of the business. A county ordinance | 8 | | may also
prohibit the sale, dissemination, display, | 9 | | exhibition, or distribution of obscene materials
or conduct. | 10 | | (c) Specified counties. A non-home rule county with a | 11 | | population of at least 900,000 may adopt, by ordinance, | 12 | | reasonable regulations concerning the operation of a business | 13 | | in unincorporated areas of the county: (i) defined as an adult | 14 | | entertainment facility in Section 5-1097.5 of this Act; (ii) | 15 | | that involves exposure of specified anatomical areas or | 16 | | performance of specified sexual activities by a person within | 17 | | the business' premises; or (iii) that offers or provides | 18 | | sexually oriented sexually-oriented entertainment services or | 19 | | activities. The ordinance may also prohibit the sale, | 20 | | dissemination, display, exhibition, or distribution of obscene | 21 | | materials or conduct. | 22 | | If the county has established a licensing program as part | 23 | | of its regulation of adult entertainment facilities under this | 24 | | subsection, the findings, decision, and orders of the licensing | 25 | | official or licensing body is subject to review in the Circuit | 26 | | Court of the county. The Administrative Review Law and the |
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| 1 | | rules adopted under the Administrative Review Law apply to and | 2 | | govern the judicial review of the final findings, decision, and | 3 | | order of the licensing official or licensing body under this | 4 | | subsection. | 5 | | (d) Civil actions. A county adopting an ordinance to | 6 | | regulate adult entertainment facilities may
authorize the | 7 | | State's Attorney to institute a civil action to restrain | 8 | | violations of that
ordinance. In that proceeding, the court | 9 | | shall enter such orders as it considers necessary to abate the | 10 | | violation and to prevent the violation from continuing or from | 11 | | being renewed
in the future. In addition to any injunctive | 12 | | relief granted by the court, an ordinance may
further authorize | 13 | | the court to assess fines of up to $1,000 per day for each | 14 | | violation of the
ordinance, with each day in violation | 15 | | constituting a new and separate offense.
If a non-home rule | 16 | | county with a population of at least 900,000 has a code hearing | 17 | | unit established under Division 5-41 or Division 5-43 of this | 18 | | Code, then the county may enforce and prosecute violations of | 19 | | the ordinance through its administrative adjudication program.
| 20 | | (Source: P.A. 101-405, eff. 1-1-20.)
| 21 | | Section 95. No acceleration or delay. Where this Act makes | 22 | | changes in a statute that is represented in this Act by text | 23 | | that is not yet or no longer in effect (for example, a Section | 24 | | represented by multiple versions), the use of that text does | 25 | | not accelerate or delay the taking effect of (i) the changes |
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| 1 | | made by this Act or (ii) provisions derived from any other | 2 | | Public Act. | 3 | | Section 99. Effective date. This Act takes effect January | 4 | | 1, 2021. |
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