Illinois General Assembly - Full Text of Public Act 094-0496
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Public Act 094-0496


 

Public Act 0496 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0496
 
HB1333 Enrolled LRB094 07416 AJO 37578 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by changing Section
5-1097.5 and by adding Section 5-1097.7 as follows:
 
    (55 ILCS 5/5-1097.5)
    Sec. 5-1097.5. Adult entertainment facility. It is
prohibited within an unincorporated area of a county to locate
an adult entertainment facility within 3,000 feet of the
property boundaries of any school, day care center, cemetery,
public park, forest preserve, public housing, and place of
religious worship, or residence.
    For the purposes of this Section, "adult entertainment
facility" means (i) a striptease club or pornographic movie
theatre whose business is the commercial sale, dissemination,
or distribution of sexually explicit material, shows, or other
exhibitions or (ii) an adult bookstore or adult video store
whose primary business is the commercial sale, dissemination,
or distribution of sexually explicit material, shows, or other
exhibitions. "Unincorporated area of a county" means any area
not within the boundaries of a municipality.
    The State's Attorney of the county where the adult
entertainment facility is located or the Attorney General may
institute a civil action for an injunction to restrain
violations of this Section. In that proceeding, the court shall
determine whether a violation has been committed and shall
enter such orders as it considers necessary to remove the
effect of any violation and to prevent the violation from
continuing or from being renewed in the future.
(Source: P.A. 93-1056, eff. 11-23-04.)
 
    (55 ILCS 5/5-1097.7 new)
    Sec. 5-1097.7. Local ordinances to regulate adult
entertainment facilities and obscenity.
    (a) Definitions. In this Act:
    "Specified anatomical area" means human genitals or pubic
region, buttocks, anus, or the female breast below a point
immediately above the top the areola that is less than
completely or opaquely covered, or human male genitals in a
discernibly turgid state even if completely or opaquely
covered.
    "Specified sexual activities" means (i) human genitals in a
state of sexual stimulation or excitement; (ii) acts of human
masturbation, sexual intercourse, fellatio, or sodomy; (iii)
fondling, kissing, or erotic touching of specified anatomical
areas; (iv) flagellation or torture in the context of a sexual
relationship; (v) masochism, erotic or sexually oriented
torture, beating, or the infliction of pain; (vi) erotic
touching, fondling, or other such contact with an animal by a
human being; or (vii) human excretion, urination,
menstruation, or vaginal or anal irrigation as part of or in
connection with any of the activities set forth in items (i)
through (vi).
    (b) Ordinance to regulate adult entertainment facilities.
A county may adopt by ordinance reasonable regulations
concerning the operation of any business: (i) defined as an
adult entertainment facility in Section 5-1097.5 of this Act or
(ii) that offers or provides activities by employees, agents,
or contractors of the business that involve exposure of
specified anatomical areas or performance of specified sexual
activities in view of any patron, client, or customer of the
business. A county ordinance may also prohibit the sale,
dissemination, display, exhibition, or distribution of obscene
materials or conduct. A county adopting an ordinance to
regulate adult entertainment facilities may authorize the
State's Attorney to institute a civil action to restrain
violations of that ordinance. In that proceeding, the court
shall enter such orders as it considers necessary to abate the
violation and to prevent the violation from continuing or from
being renewed in the future. In addition to any injunctive
relief granted by the court, an ordinance may further authorize
the court to assess fines of up to $1,000 per day for each
violation of the ordinance, with each day in violation
constituting a new and separate offense.

Effective Date: 1/1/2006