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State Government Administration Committee
Filed: 2/24/2005
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09400HB0602ham001 |
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LRB094 03768 RAS 41272 a |
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| AMENDMENT TO HOUSE BILL 602
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| AMENDMENT NO. ______. Amend House Bill 602 by replacing |
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| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the Adult |
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| Entertainment Message Regulation Act. |
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| Section 5. Definitions. In this Act: |
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| "Adult cabaret" means a nightclub, bar, restaurant, or |
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| similar establishment in which owners, employees, or both |
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| appear in a state of nudity or semi-nudity in the performance |
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| of their duties or patrons are permitted or encouraged to |
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| appear in a state of nudity or semi-nudity.
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| "Message" means any outdoor communication, the intent of |
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| which is to advertise any adult cabaret or sexually-oriented |
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| business, as the terms are defined in this Act. |
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| "Semi-nudity" means a state of dress in which opaque |
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| clothing fails to cover the genitals, anus, anal cleft or |
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| cleavage, pubic area, vulva, nipple, and areola of the female |
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| breast below a horizontal line across the top of the areola at |
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| its highest point. Semi-nudity includes the entire lower |
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| portion of the female breast, but does not include any portion |
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| of the cleavage of the female breast exhibited by wearing |
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| apparel, provided that the areola is not exposed in whole or |
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| part.
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| "Sexually-oriented business" means any business that |
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09400HB0602ham001 |
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LRB094 03768 RAS 41272 a |
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| offers its patrons goods of which a substantial portion are |
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| sexually-oriented materials. Any business where more than 10% |
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| of display space is used for sexually-oriented materials is |
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| presumed to be a sexually-oriented business.
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| "Sexually-oriented materials" means any textual, |
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| pictorial, or 3-dimensional material that explicitly depicts |
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| subject matter that is intended to be sexually arousing, |
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| including, but not limited to, nudity, sexual conduct, sexual |
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| excitement, or sadomasochistic abuse.
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| Section 10. Message or other outdoor communication |
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| regulation. No message or other outdoor communication |
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| advertising an adult cabaret or a sexually-oriented business |
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| may be located within the boundaries of any municipality or |
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| within one mile of any municipal boundary, Interstate highway, |
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| public or private elementary or secondary school, or church, |
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| synagogue, or other established place of worship, except that |
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| if such business is located within one mile of any municipal |
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| boundary, Interstate highway, public or private elementary or |
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| secondary school, or church, synagogue, or other established |
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| place of worship, then the business may display a maximum of 2 |
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| exterior messages on the premises of the business, consisting |
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| of one message of identification and one message solely giving |
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| notice that the premises are off limits to minors. The message |
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| of identification shall be no more than 40 square feet in size |
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| and shall include no more than the following information: name, |
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| street address, telephone number, and operating hours of the |
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| business. |
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| Section 15. Grace period. Messages or other outdoor |
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| communications existing at the time of the effective date of |
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| this Act that do not conform to the requirements of this Act |
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| may be allowed to continue in non-conforming use for the term |
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| of the contract, up to one year after the effective date of |
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09400HB0602ham001 |
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LRB094 03768 RAS 41272 a |
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| this Act.
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| Section 20. Penalty. Any owner of an adult cabaret or a |
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| sexually-oriented business who violates any provision of this |
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| Act is guilty of a Class C misdemeanor. Each day that a |
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| violation of this Act continues to exist constitutes a separate |
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| offense. |
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| Section 25. Home rule; local ordinances; scope of Act. |
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| (a) Except as provided in subsection (b) of this Section, a |
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| home rule unit may not regulate messages or other outdoor |
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| communications advertising adult cabarets or sexually-oriented |
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| businesses in a manner that is less restrictive than this Act. |
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| This subsection (a) is a limitation under subsection (i) of |
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| Section 6 of Article VII of the Illinois Constitution on the |
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| concurrent exercise by home rule units of powers and functions |
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| exercised by the State.
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| (b) A unit of local government may, by ordinance adopted |
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| after the effective date of this Act, allow messages or other |
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| outdoor communications within the jurisdiction of that unit of |
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| local government that would otherwise be in violation of this |
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| Act. Messages or other outdoor communications in compliance |
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| with such an ordinance are not in violation of this Act. |
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| (c) This Act shall not apply within a municipality with a |
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| population over 500,000.
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| Section 99. Effective date. This Act takes effect July 1, |
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| 2005.".
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