Full Text of HB1608 095th General Assembly
HB1608enr 95TH GENERAL ASSEMBLY
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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 Illinois Municipal Code is amended by | 5 |
| changing Section 11-5-1.5 as follows:
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| (65 ILCS 5/11-5-1.5)
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| Sec. 11-5-1.5. Adult entertainment facility. It is | 8 |
| prohibited within a municipality to locate an adult | 9 |
| entertainment
facility within 1,000 feet of the property
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| boundaries of any school, day care center, cemetery, public | 11 |
| park, forest
preserve, public
housing, and place of religious
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| worship , except that in a county with a population of more than | 13 |
| 800,000 and less than 2,000,000 inhabitants, it is prohibited | 14 |
| to locate, construct, or operate a new adult entertainment | 15 |
| facility within one mile of the property boundaries of any | 16 |
| school, day care center, cemetery, public park, forest | 17 |
| preserve, public housing, or place of religious worship located | 18 |
| anywhere within that county. Notwithstanding any other | 19 |
| requirements of this Section, it is also prohibited to locate, | 20 |
| construct, or operate a new adult entertainment facility within | 21 |
| one mile of the property boundaries of any school, day care | 22 |
| center, cemetery, public park, forest preserve, public | 23 |
| housing, or place of religious worship located in that area of |
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| Cook County outside of the City of Chicago .
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| For the purposes of this Section, "adult entertainment | 3 |
| facility" means
(i) a striptease club or pornographic movie | 4 |
| theatre
whose business is the commercial
sale, dissemination, | 5 |
| or distribution of sexually explicit material,
shows, or other
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| exhibitions
or (ii) an adult bookstore or adult video store | 7 |
| whose primary
business is the commercial sale, dissemination, | 8 |
| or distribution of sexually
explicit material, shows, or other | 9 |
| exhibitions.
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| (Source: P.A. 90-394, eff. 1-1-98; 90-634, eff. 7-24-98.)
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| Section 10. The Counties Code is amended by changing | 12 |
| Section 5-1097.5.
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| (55 ILCS 5/5-1097.5)
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| Sec. 5-1097.5. Adult entertainment facility. It is | 15 |
| prohibited within an unincorporated area of a county to locate | 16 |
| an adult
entertainment facility within 3,000 feet of the | 17 |
| property
boundaries of any school, day care center, cemetery, | 18 |
| public park, forest
preserve, public
housing, place of | 19 |
| religious
worship, or residence , except that in a county with a | 20 |
| population of more than 800,000 and less than 2,000,000 | 21 |
| inhabitants, it is prohibited to locate, construct, or operate | 22 |
| a new adult entertainment facility within one mile of the | 23 |
| property boundaries of any school, day care center, cemetery, | 24 |
| public park, forest preserve, public housing, or place of |
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HB1608 Enrolled |
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LRB095 09951 HLH 30163 b |
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| religious worship located anywhere within that county. | 2 |
| Notwithstanding any other requirements of this Section, it is | 3 |
| also prohibited to locate, construct, or operate a new adult | 4 |
| entertainment facility within one mile of the property | 5 |
| boundaries of any school, day care center, cemetery, public | 6 |
| park, forest preserve, public housing, or place of religious | 7 |
| worship located in that area of Cook County outside of the City | 8 |
| of Chicago .
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| For the purposes of this Section, "adult entertainment | 10 |
| facility" means
(i) a striptease club or pornographic movie | 11 |
| theatre
whose business is the commercial
sale, dissemination, | 12 |
| or distribution of sexually explicit material,
shows, or other
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| exhibitions
or (ii) an adult bookstore or adult video store | 14 |
| whose primary
business is the commercial sale, dissemination, | 15 |
| or distribution of sexually
explicit material, shows, or other | 16 |
| exhibitions. "Unincorporated area of a county" means any area | 17 |
| not within the boundaries of a municipality.
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| The State's Attorney of the county where the adult | 19 |
| entertainment facility is located or the Attorney General may | 20 |
| institute a civil action for an injunction to restrain | 21 |
| violations of this Section. In that proceeding, the court shall | 22 |
| determine whether a violation has been committed and shall | 23 |
| enter such orders as it considers necessary to remove the | 24 |
| effect of any violation and to prevent the violation from | 25 |
| continuing or from being renewed in the future.
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| (Source: P.A. 93-1056, eff. 11-23-04; 94-496, eff. 1-1-06.)
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LRB095 09951 HLH 30163 b |
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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