HB0602 94TH GENERAL ASSEMBLY

LRB094 03768 RAS 33777 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0602

Introduced 1/27/2005, by Rep. Roger L. Eddy

SYNOPSIS AS INTRODUCED:

New Act

Creates the Adult Entertainment Billboard Regulation Act. Provides that no billboard or other exterior advertising sign for an adult cabaret or a sexually-oriented business shall be located within one mile of any State highway, unless that business is located within one mile of a State highway, in which case that business may display one sign giving notice that the premises are off limits to minors and one identification sign of no more than 40 square feet in size that contains only the business' name, street address, telephone number, and operating hours. Provides that non-conforming signs in use at the time of the effective date of the Act may continue in use, but should be made to conform to the specifications of the Act within 3 years after the Act's effective date. Provides that any adult cabaret or sexually-oriented business owner who violates the provisions of the Act is guilty of a Class C misdemeanor and that each day that a violation of the Act continues in existence constitutes a separate offense. Preempts home rule. Effective July 1, 2005.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning advertising.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Adult Entertainment Billboard Regulation Act.

Section 5. Definitions. In this Act:

"Adult cabaret" means a nightclub, bar, restaurant, or similar establishment in which owners, employees, or both appear in a state of nudity or semi-nudity in the performance of their duties or patrons are permitted or encouraged to appear in a state of nudity or semi-nudity.

"Semi-nudity" means a state of dress in which opaque clothing fails to cover the genitals, anus, anal cleft or cleavage, pubic area, vulva, nipple, and areola of the female breast below a horizontal line across the top of the areola at its highest point. Semi-nudity includes the entire lower portion of the female breast, but does not include any portion of the cleavage of the female breast exhibited by wearing apparel, provided that the areola is not exposed in whole or part.

"Sexually-oriented business" means any business that offers its patrons goods of which a substantial portion are sexually-oriented materials. Any business where more than 10% of display space is used for sexually-oriented materials is presumed to be a sexually-oriented business.

"Sexually-oriented materials" means any textual, pictorial, or 3-dimensional material that explicitly depicts subject matter that is intended to be sexually arousing, including, but not limited to, nudity, sexual conduct, sexual excitement, or sadomasochistic abuse.

Section 10. Billboard or other exterior advertising sign regulation. No billboard or other exterior advertising sign for an adult cabaret or a sexually-oriented business shall be located within the boundaries of any municipality or within one mile of any municipal boundary, Interstate highway, public or private elementary or secondary school, or church, synagogue, or other established place of worship, except if such business is located within one mile of any municipal boundary, Interstate highway, public or private elementary or secondary school, or church, synagogue, or other established place of worship, then the business may display a maximum of 2 exterior signs on the premises of the business, consisting of one identification sign and one sign solely giving notice that the premises are off limits to minors. The identification sign shall be no more than 40 square feet in size and shall include no more than the following information: name, street address, telephone number, and operating hours of the business.

Section 15. Grace period. Signs existing at the time of the effective date of this Act and that do not conform to the requirements of this Act may be allowed to continue in non-conforming use, but should be made to conform within 3 years after the effective date of this Act.

Section 20. Penalty. Any owner of an adult cabaret or a sexually-oriented business who violates any provision of this Act is guilty of a Class C misdemeanor. Each day that a violation of this Section continues to exist constitutes a separate offense.

Section 25. Home rule; local ordinances.

(a) Except as provided in subsection (b), a home rule unit may not regulate billboards or other exterior advertising signs for adult cabarets or sexually-oriented businesses in a manner that is less restrictive than this Act. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(b) A unit of local government may, by ordinance adopted after the effective date of this Act, allow billboards or other exterior advertising signs within the jurisdiction of that unit of local government that would otherwise be in violation of this Act. Billboards or other exterior advertising signs in compliance with such an ordinance are not in violation of this Act.

Section 99. Effective date. This Act takes effect July 1, 2005.