Public Act 101-0405
 
SB1580 EnrolledLRB101 06651 AWJ 51678 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Counties Code is amended  by changing Section 
5-1097.7 as follows:
 
    (55 ILCS 5/5-1097.7)

    Sec. 5-1097.7. Local ordinances to regulate adult 
entertainment facilities and obscenity.
    (a) Definitions. In this Act:
    "Specified anatomical area" means human genitals or pubic 
region, buttocks, anus, or the female breast below a point 
immediately above the top the areola that is less than 
completely or opaquely covered, or human male genitals in a 
discernibly turgid state even if completely or opaquely 
covered.
    "Specified sexual activities" means (i) human genitals in a 
state of sexual stimulation or excitement; (ii) acts of human 
masturbation, sexual intercourse, fellatio, or sodomy; (iii) 
fondling, kissing, or erotic touching of specified anatomical 
areas; (iv) flagellation or torture in the context of a sexual 
relationship; (v) masochism, erotic or sexually oriented 
torture, beating, or the infliction of pain; (vi) erotic 
touching, fondling, or other such contact with an animal by a 
human being; or (vii) human excretion, urination, 
menstruation, or vaginal or anal irrigation as part of or in 
connection with any of the activities set forth in items (i) 
through (vi).
    (b) Ordinance to regulate adult entertainment facilities. 
Except as provided under subsection (c), a A county may adopt 
by

ordinance reasonable regulations concerning the operation 
of any business: (i) defined as
an adult entertainment facility 
in Section 5-1097.5 of this Act or (ii) that offers or
provides 
activities by employees, agents, or contractors of the business 
that involve
exposure of specified anatomical areas or 
performance of specified sexual activities in
view of any 
patron, client, or customer of the business. A county ordinance 
may also
prohibit the sale, dissemination, display, 
exhibition, or distribution of obscene materials
or conduct.
    (c) Specified counties. A non-home rule county with a 
population of at least 900,000 may adopt, by ordinance, 
reasonable regulations concerning the operation of a business 
in unincorporated areas of the county: (i) defined as an adult 
entertainment facility in Section 5-1097.5 of this Act; (ii) 
that involves exposure of specified anatomical areas or 
performance of specified sexual activities by a person within 
the business' premises; or (iii) that offers or provides 
sexually-oriented entertainment services or activities. The 
ordinance may also prohibit the sale, dissemination, display, 
exhibition, or distribution of obscene materials or conduct.
    If the county has established a licensing program as part 
of its regulation of adult entertainment facilities under this 
subsection, the findings, decision, and orders of the licensing 
official or licensing body is subject to review in the Circuit 
Court of the county. The Administrative Review Law and the 
rules adopted under the Administrative Review Law apply to and 
govern the judicial review of the final findings, decision, and 
order of the licensing official or licensing body under this 
subsection. 
    (d) Civil actions. A county adopting an ordinance to 
regulate adult entertainment facilities may
authorize the 
State's Attorney to institute a civil action to restrain 
violations of that
ordinance. In that proceeding, the court 
shall enter such orders as it considers necessary to abate the 
violation and to prevent the violation from continuing or from 
being renewed

in the future. In addition to any injunctive 
relief granted by the court, an ordinance may
further authorize 
the court to assess fines of up to $1,000 per day for each 
violation of the
ordinance, with each day in violation 
constituting a new and separate offense.
If  a non-home rule 
county with a population of at least 900,000 has a code hearing 
unit established under Division 5-41 or Division 5-43 of this 
Code, then the county may enforce and prosecute violations of 
the ordinance through its administrative adjudication program. 

(Source: P.A. 94-496, eff. 1-1-06.)


Effective Date:  1/1/2020