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90_HB1883eng
55 ILCS 5/5-1097.5 new
65 ILCS 5/11-5-1.5 new
Amends the Counties Code and the Illinois Municipal Code
to prohibit the operation of an adult entertainment facility
on Sunday and the location of an adult entertainment facility
within 1,000 feet of any school, day care center, cemetery,
public park, public housing, and place of religious worship.
Preempts home rule.
LRB9003285PTcwA
HB1883 Engrossed LRB9003285PTcwA
1 AN ACT concerning adult entertainment facilities.
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 adding
5 Section 5-1097.5 as follows:
6 (55 ILCS 5/5-1097.5 new)
7 Sec. 5-1097.5. Adult entertainment facility. The
8 following are prohibited within any county, including home
9 rule counties: (i) the operation of an adult entertainment
10 facility on Sunday and (ii) the location of an adult
11 entertainment facility within 1,000 feet of the property
12 boundaries of any school, day care center, cemetery, public
13 park, public housing, and place of religious worship.
14 For the purposes of this Section, "adult entertainment
15 facility" means (i) a striptease club or pornographic movie
16 theatre whose business is the commercial sale, dissemination,
17 or distribution of sexually explicit material, shows, or
18 other exhibitions or (ii) an adult bookstore or adult video
19 store whose primary business is the commercial sale,
20 dissemination, or distribution of sexually explicit material,
21 shows, or other exhibitions.
22 A home rule county may not provide for the regulation of
23 adult entertainment facilities in a manner less restrictive
24 than this Section. This Section is a limitation under
25 subsection (i) of Section 6 of Article VII of the Illinois
26 Constitution on the concurrent exercise by home rule units of
27 powers and functions exercised by the State.
28 Section 10. The Illinois Municipal Code is amended by
29 adding Section 11-5-1.5 as follows:
HB1883 Engrossed -2- LRB9003285PTcwA
1 (65 ILCS 5/11-5-1.5 new)
2 Sec. 11-5-1.5. Adult entertainment facility. The
3 following are prohibited within any municipality, including
4 home rule municipalities: (i) the operation of an adult
5 entertainment facility on Sunday and (ii) the location of an
6 adult entertainment facility within 1,000 feet of the
7 property boundaries of any school, day care center, cemetery,
8 public park, public housing, and place of religious worship.
9 For the purposes of this Section, "adult entertainment
10 facility" means (i) a striptease club or pornographic movie
11 theatre whose business is the commercial sale, dissemination,
12 or distribution of sexually explicit material, shows, or
13 other exhibitions or (ii) an adult bookstore or adult video
14 store whose primary business is the commercial sale,
15 dissemination, or distribution of sexually explicit material,
16 shows, or other exhibitions.
17 A home rule municipality may not provide for the
18 regulation of adult entertainment facilities in a manner less
19 restrictive than this Section. This Section is a limitation
20 under subsection (i) of Section 6 of Article VII of the
21 Illinois Constitution on the concurrent exercise by home rule
22 units of powers and functions exercised by the State.