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| 1 | AN ACT concerning local government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Municipal Code is amended by | ||||||
| 5 | changing Section 11-5-1.5 as follows:
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| 6 | (65 ILCS 5/11-5-1.5)
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| 7 | 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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| 10 | boundaries of any school, day care center, cemetery, public | ||||||
| 11 | park, forest
preserve, public
housing, and place of religious
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| 12 | 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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| 1 | Cook County outside of the City of Chicago.
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| 2 | 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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| 6 | 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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| 10 | (Source: P.A. 90-394, eff. 1-1-98; 90-634, eff. 7-24-98.)
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| 11 | Section 10. The Counties Code is amended by changing | ||||||
| 12 | Section 5-1097.5.
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| 13 | (55 ILCS 5/5-1097.5)
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| 14 | 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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| 1 | 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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| 9 | 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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| 13 | 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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| 18 | 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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| 26 | (Source: P.A. 93-1056, eff. 11-23-04; 94-496, eff. 1-1-06.)
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| 1 | Section 99. Effective date. This Act takes effect upon | ||||||
| 2 | becoming law.
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