Full Text of HB1333 94th General Assembly
HB1333enr 94TH GENERAL ASSEMBLY
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HB1333 Enrolled |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing Section | 5 |
| 5-1097.5 and by adding Section 5-1097.7 as follows:
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| (55 ILCS 5/5-1097.5)
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| Sec. 5-1097.5. Adult entertainment facility. It is | 8 |
| prohibited within an unincorporated area of a county to locate | 9 |
| an adult
entertainment facility within 3,000 feet of the | 10 |
| property
boundaries of any school, day care center, cemetery, | 11 |
| public park, forest
preserve, public
housing, and place of | 12 |
| religious
worship , or residence .
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| 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 other
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| exhibitions
or (ii) an adult bookstore or adult video store | 18 |
| whose primary
business is the commercial sale, dissemination, | 19 |
| or distribution of sexually
explicit material, shows, or other | 20 |
| exhibitions. "Unincorporated area of a county" means any area | 21 |
| not within the boundaries of a municipality.
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| The State's Attorney of the county where the adult | 23 |
| entertainment facility is located or the Attorney General may | 24 |
| institute a civil action for an injunction to restrain | 25 |
| violations of this Section. In that proceeding, the court shall | 26 |
| determine whether a violation has been committed and shall | 27 |
| enter such orders as it considers necessary to remove the | 28 |
| effect of any violation and to prevent the violation from | 29 |
| continuing or from being renewed in the future.
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| (Source: P.A. 93-1056, eff. 11-23-04.)
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| (55 ILCS 5/5-1097.7 new)
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HB1333 Enrolled |
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| Sec. 5-1097.7. Local ordinances to regulate adult | 2 |
| entertainment facilities and obscenity. | 3 |
| (a) Definitions. In this Act: | 4 |
| "Specified anatomical area" means human genitals or pubic | 5 |
| region, buttocks, anus, or the female breast below a point | 6 |
| immediately above the top the areola that is less than | 7 |
| completely or opaquely covered, or human male genitals in a | 8 |
| discernibly turgid state even if completely or opaquely | 9 |
| covered. | 10 |
| "Specified sexual activities" means (i) human genitals in a | 11 |
| state of sexual stimulation or excitement; (ii) acts of human | 12 |
| masturbation, sexual intercourse, fellatio, or sodomy; (iii) | 13 |
| fondling, kissing, or erotic touching of specified anatomical | 14 |
| areas; (iv) flagellation or torture in the context of a sexual | 15 |
| relationship; (v) masochism, erotic or sexually oriented | 16 |
| torture, beating, or the infliction of pain; (vi) erotic | 17 |
| touching, fondling, or other such contact with an animal by a | 18 |
| human being; or (vii) human excretion, urination, | 19 |
| menstruation, or vaginal or anal irrigation as part of or in | 20 |
| connection with any of the activities set forth in items (i) | 21 |
| through (vi). | 22 |
| (b) Ordinance to regulate adult entertainment facilities. | 23 |
| A county may adopt by
ordinance reasonable regulations | 24 |
| concerning the operation of any business: (i) defined as
an | 25 |
| adult entertainment facility in Section 5-1097.5 of this Act or | 26 |
| (ii) that offers or
provides activities by employees, agents, | 27 |
| or contractors of the business that involve
exposure of | 28 |
| specified anatomical areas or performance of specified sexual | 29 |
| activities in
view of any patron, client, or customer of the | 30 |
| business. A county ordinance may also
prohibit the sale, | 31 |
| dissemination, display, exhibition, or distribution of obscene | 32 |
| materials
or conduct. A county adopting an ordinance to | 33 |
| regulate adult entertainment facilities may
authorize the | 34 |
| State's Attorney to institute a civil action to restrain | 35 |
| violations of that
ordinance. In that proceeding, the court | 36 |
| shall enter such orders as it considers necessary to abate the |
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HB1333 Enrolled |
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LRB094 07416 AJO 37578 b |
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| violation and to prevent the violation from continuing or from | 2 |
| being renewed
in the future. In addition to any injunctive | 3 |
| relief granted by the court, an ordinance may
further authorize | 4 |
| the court to assess fines of up to $1,000 per day for each | 5 |
| violation of the
ordinance, with each day in violation | 6 |
| constituting a new and separate offense.
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