093_HB3100eng HB3100 Engrossed LRB093 08218 MKM 08428 b 1 AN ACT concerning counties. 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 5 Section 5-1097.5 and by adding Section 5-1097.6 as follows: 6 (55 ILCS 5/5-1097.5) 7 Sec. 5-1097.5. Adult entertainment facility. It is 8 prohibited within an unincorporated area of a county to 9 locate an adult entertainment facility within 1,000 feet of 10 the property boundaries of any school, day care center, 11 cemetery, public park, forest preserve, public housing,and12 place of religious worship, or residence. 13 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 17 other exhibitions or (ii) an adult bookstore or adult video 18 store whose primary business is the commercial sale, 19 dissemination, or distribution of sexually explicit material, 20 shows, or other exhibitions. "Unincorporated area of a 21 county" means any area not within the boundaries of a 22 municipality. 23 The State's Attorney of the county where the adult 24 entertainment facility is located or the Attorney General may 25 institute a civil action for an injunction to restrain 26 violations of this Section. In that proceeding, the court 27 shall determine whether a violation has been committed and 28 shall enter such orders as it considers necessary to remove 29 the effect of any violation and to prevent the violation from 30 continuing or from being renewed in the future. 31 (Source: P.A. 90-394, eff. 1-1-98; 90-634, eff. 7-24-98.) HB3100 Engrossed -2- LRB093 08218 MKM 08428 b 1 (55 ILCS 5/5-1097.6 new) 2 Sec. 5-1097.6. Local ordinances to regulate adult 3 entertainment facilities and obscenity. 4 (a) Definitions. In this Act: 5 "Specified anatomical area" means human genitals or pubic 6 region, buttocks, anus, or the female breast below a point 7 immediately above the top the areola that is less than 8 completely or opaquely covered, or human male genitals in a 9 discernibly turgid state even if completely or opaquely 10 covered. 11 "Specified sexual activities" means (i) human genitals in 12 a state of sexual stimulation or excitement; (ii) acts of 13 human masturbation, sexual intercourse, fellatio, or sodomy; 14 (iii) fondling, kissing, or erotic touching of specified 15 anatomical areas; (iv) flagellation or torture in the context 16 of a sexual relationship; (v) masochism, erotic or sexually 17 oriented torture, beating, or the infliction of pain; (vi) 18 erotic touching, fondling, or other such contact with an 19 animal by a human being; or (vii) human excretion, urination, 20 menstruation, or vaginal or anal irrigation as part of or in 21 connection with any of the activities set forth in items (i) 22 through (vi). 23 (b) Ordinance to regulate adult entertainment 24 facilities. A county may adopt by ordinance reasonable 25 regulations concerning the operation of any business: (i) 26 defined as an adult entertainment facility in Section 27 5-1097.5 of this Act or (ii) that offers or provides 28 activities by employees, agents, or contractors of the 29 business that involve exposure of specified anatomical areas 30 or performance of specified sexual activities in view of any 31 patron, client, or customer of the business. A county 32 ordinance may also prohibit the sale, dissemination, display, 33 exhibition, or distribution of obscene materials or conduct. 34 A county adopting an ordinance to regulate adult HB3100 Engrossed -3- LRB093 08218 MKM 08428 b 1 entertainment facilities may authorize the State's Attorney 2 to institute a civil action to restrain violations of that 3 ordinance. In that proceeding, the court shall enter such 4 orders as it considers necessary to abate the violation and 5 to prevent the violation from continuing or from being 6 renewed in the future. In addition to any injunctive relief 7 granted by the court, an ordinance may further authorize the 8 court to assess fines of up to $1,000 per day for each 9 violation of the ordinance, with each day in violation 10 constituting a new and separate offense.