093_HB3100eng

 
HB3100 Engrossed                     LRB093 08218 MKM 08428 b

 1        AN ACT concerning counties.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Counties  Code  is  amended  by  changing
 5    Section 5-1097.5 and by adding Section 5-1097.6 as follows:

 6        (55 ILCS 5/5-1097.5)
 7        Sec.   5-1097.5.  Adult  entertainment  facility.  It  is
 8    prohibited within an  unincorporated  area  of  a  county  to
 9    locate  an  adult entertainment facility within 1,000 feet of
10    the property boundaries  of  any  school,  day  care  center,
11    cemetery,  public  park, forest preserve, public housing, and
12    place of religious worship, or residence.
13        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
17    other  exhibitions  or (ii) an adult bookstore or adult video
18    store  whose  primary  business  is  the   commercial   sale,
19    dissemination, or distribution of sexually explicit material,
20    shows,  or  other  exhibitions.   "Unincorporated  area  of a
21    county" means  any  area  not  within  the  boundaries  of  a
22    municipality.
23        The  State's  Attorney  of  the  county  where  the adult
24    entertainment facility is located or the Attorney General may
25    institute a  civil  action  for  an  injunction  to  restrain
26    violations  of  this  Section.  In that proceeding, the court
27    shall determine whether a violation has  been  committed  and
28    shall  enter  such orders as it considers necessary to remove
29    the effect of any violation and to prevent the violation from
30    continuing or from being renewed in the future.
31    (Source: P.A. 90-394, eff. 1-1-98; 90-634, eff. 7-24-98.)
 
HB3100 Engrossed            -2-      LRB093 08218 MKM 08428 b
 1        (55 ILCS 5/5-1097.6 new)
 2        Sec.  5-1097.6.  Local  ordinances  to   regulate   adult
 3    entertainment facilities and obscenity.
 4        (a)  Definitions. In this Act:
 5        "Specified anatomical area" means human genitals or pubic
 6    region,  buttocks,  anus,  or the female breast below a point
 7    immediately above the  top  the  areola  that  is  less  than
 8    completely  or  opaquely covered, or human male genitals in a
 9    discernibly turgid  state  even  if  completely  or  opaquely
10    covered.
11        "Specified sexual activities" means (i) human genitals in
12    a  state  of  sexual  stimulation or excitement; (ii) acts of
13    human masturbation, sexual intercourse, fellatio, or  sodomy;
14    (iii)  fondling,  kissing,  or  erotic  touching of specified
15    anatomical areas; (iv) flagellation or torture in the context
16    of a sexual relationship; (v) masochism, erotic  or  sexually
17    oriented  torture,  beating,  or the infliction of pain; (vi)
18    erotic touching, fondling, or  other  such  contact  with  an
19    animal by a human being; or (vii) human excretion, urination,
20    menstruation,  or vaginal or anal irrigation as part of or in
21    connection with any of the activities set forth in items  (i)
22    through (vi).
23        (b)  Ordinance    to    regulate    adult   entertainment
24    facilities.  A  county  may  adopt  by  ordinance  reasonable
25    regulations concerning the operation  of  any  business:  (i)
26    defined   as  an  adult  entertainment  facility  in  Section
27    5-1097.5  of  this  Act  or  (ii)  that  offers  or  provides
28    activities  by  employees,  agents,  or  contractors  of  the
29    business that involve exposure of specified anatomical  areas
30    or  performance of specified sexual activities in view of any
31    patron,  client,  or  customer  of  the  business.  A  county
32    ordinance may also prohibit the sale, dissemination, display,
33    exhibition, or distribution of obscene materials or  conduct.
34    A   county   adopting   an   ordinance   to   regulate  adult
 
HB3100 Engrossed            -3-      LRB093 08218 MKM 08428 b
 1    entertainment facilities may authorize the  State's  Attorney
 2    to  institute  a  civil action to restrain violations of that
 3    ordinance. In that proceeding, the  court  shall  enter  such
 4    orders  as  it considers necessary to abate the violation and
 5    to prevent  the  violation  from  continuing  or  from  being
 6    renewed  in  the future. In addition to any injunctive relief
 7    granted by the court, an ordinance may further authorize  the
 8    court  to  assess  fines  of  up  to  $1,000 per day for each
 9    violation of  the  ordinance,  with  each  day  in  violation
10    constituting a new and separate offense.