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| 1 | AN ACT concerning advertising.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 1. Short title. This Act may be cited as the Adult | ||||||
| 5 | Entertainment Message Regulation Act. | ||||||
| 6 | Section 5. Definitions. In this Act: | ||||||
| 7 | "Adult cabaret" means a nightclub, bar, restaurant, or | ||||||
| 8 | similar establishment in which owners, employees, or both | ||||||
| 9 | appear in a state of nudity or semi-nudity in the performance | ||||||
| 10 | of their duties or patrons are permitted or encouraged to | ||||||
| 11 | appear in a state of nudity or semi-nudity.
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| 12 | "Message" means any outdoor communication, the intent of | ||||||
| 13 | which is to advertise any adult cabaret or sexually-oriented | ||||||
| 14 | business, as the terms are defined in this Act. | ||||||
| 15 | "Semi-nudity" means a state of dress in which opaque | ||||||
| 16 | clothing fails to cover the genitals, anus, anal cleft or | ||||||
| 17 | cleavage, pubic area, vulva, nipple, and areola of the female | ||||||
| 18 | breast below a horizontal line across the top of the areola at | ||||||
| 19 | its highest point. Semi-nudity includes the entire lower | ||||||
| 20 | portion of the female breast, but does not include any portion | ||||||
| 21 | of the cleavage of the female breast exhibited by wearing | ||||||
| 22 | apparel, provided that the areola is not exposed in whole or | ||||||
| 23 | part.
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| 24 | "Sexually-oriented business" means any business that | ||||||
| 25 | offers its patrons goods of which a substantial portion are | ||||||
| 26 | sexually-oriented materials. Any business where more than 10% | ||||||
| 27 | of display space is used for sexually-oriented materials is | ||||||
| 28 | presumed to be a sexually-oriented business.
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| 29 | "Sexually-oriented materials" means any textual, | ||||||
| 30 | pictorial, or 3-dimensional material that explicitly depicts | ||||||
| 31 | subject matter that is intended to be sexually arousing, | ||||||
| 32 | including, but not limited to, nudity, sexual conduct, sexual | ||||||
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| 1 | excitement, or sadomasochistic abuse.
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| 2 | Section 10. Message or other outdoor communication | ||||||
| 3 | regulation. No message or other outdoor communication | ||||||
| 4 | advertising an adult cabaret or a sexually-oriented business | ||||||
| 5 | may be located within the boundaries of any municipality or | ||||||
| 6 | within one mile of any municipal boundary, Interstate highway, | ||||||
| 7 | public or private elementary or secondary school, or church, | ||||||
| 8 | synagogue, or other established place of worship, except that | ||||||
| 9 | if such business is located within one mile of any municipal | ||||||
| 10 | boundary, Interstate highway, public or private elementary or | ||||||
| 11 | secondary school, or church, synagogue, or other established | ||||||
| 12 | place of worship, then the business may display a maximum of 2 | ||||||
| 13 | exterior messages on the premises of the business, consisting | ||||||
| 14 | of one message of identification and one message solely giving | ||||||
| 15 | notice that the premises are off limits to minors. The message | ||||||
| 16 | of identification shall be no more than 40 square feet in size | ||||||
| 17 | and shall include no more than the following information: name, | ||||||
| 18 | street address, telephone number, and operating hours of the | ||||||
| 19 | business. | ||||||
| 20 | Section 15. Grace period. Messages or other outdoor | ||||||
| 21 | communications existing at the time of the effective date of | ||||||
| 22 | this Act that do not conform to the requirements of this Act | ||||||
| 23 | may be allowed to continue in non-conforming use for the term | ||||||
| 24 | of the contract, up to one year after the effective date of | ||||||
| 25 | this Act.
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| 26 | Section 20. Penalty. Any owner of an adult cabaret or a | ||||||
| 27 | sexually-oriented business who violates any provision of this | ||||||
| 28 | Act is guilty of a Class C misdemeanor. Each day that a | ||||||
| 29 | violation of this Act continues to exist constitutes a separate | ||||||
| 30 | offense. | ||||||
| 31 | Section 25. Home rule; local ordinances; scope of Act. | ||||||
| 32 | (a) Except as provided in subsection (b) of this Section, a | ||||||
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| 1 | home rule unit may not regulate messages or other outdoor | ||||||
| 2 | communications advertising adult cabarets or sexually-oriented | ||||||
| 3 | businesses in a manner that is less restrictive than this Act. | ||||||
| 4 | This subsection (a) is a limitation under subsection (i) of | ||||||
| 5 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 6 | concurrent exercise by home rule units of powers and functions | ||||||
| 7 | exercised by the State.
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| 8 | (b) A unit of local government may, by ordinance adopted | ||||||
| 9 | after the effective date of this Act, allow messages or other | ||||||
| 10 | outdoor communications within the jurisdiction of that unit of | ||||||
| 11 | local government that would otherwise be in violation of this | ||||||
| 12 | Act. Messages or other outdoor communications in compliance | ||||||
| 13 | with such an ordinance are not in violation of this Act. | ||||||
| 14 | (c) This Act shall not apply within a municipality with a | ||||||
| 15 | population over 500,000.
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| 16 | Section 99. Effective date. This Act takes effect July 1, | ||||||
| 17 | 2005.
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