Sen. John F. Curran

Filed: 4/5/2019

 

 


 

 


 
10100SB1580sam001LRB101 06651 AWJ 59115 a

1
AMENDMENT TO SENATE BILL 1580

2    AMENDMENT NO. ______. Amend Senate Bill 1580 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by changing
5Section 5-1097.7 as follows:
 
6    (55 ILCS 5/5-1097.7)
7    Sec. 5-1097.7. Local ordinances to regulate adult
8entertainment facilities and obscenity.
9    (a) Definitions. In this Act:
10    "Specified anatomical area" means human genitals or pubic
11region, buttocks, anus, or the female breast below a point
12immediately above the top the areola that is less than
13completely or opaquely covered, or human male genitals in a
14discernibly turgid state even if completely or opaquely
15covered.
16    "Specified sexual activities" means (i) human genitals in a

 

 

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1state of sexual stimulation or excitement; (ii) acts of human
2masturbation, sexual intercourse, fellatio, or sodomy; (iii)
3fondling, kissing, or erotic touching of specified anatomical
4areas; (iv) flagellation or torture in the context of a sexual
5relationship; (v) masochism, erotic or sexually oriented
6torture, beating, or the infliction of pain; (vi) erotic
7touching, fondling, or other such contact with an animal by a
8human being; or (vii) human excretion, urination,
9menstruation, or vaginal or anal irrigation as part of or in
10connection with any of the activities set forth in items (i)
11through (vi).
12    (b) Ordinance to regulate adult entertainment facilities.
13Except as provided under subsection (c), a A county may adopt
14by ordinance reasonable regulations concerning the operation
15of any business: (i) defined as an adult entertainment facility
16in Section 5-1097.5 of this Act or (ii) that offers or provides
17activities by employees, agents, or contractors of the business
18that involve exposure of specified anatomical areas or
19performance of specified sexual activities in view of any
20patron, client, or customer of the business. A county ordinance
21may also prohibit the sale, dissemination, display,
22exhibition, or distribution of obscene materials or conduct.
23    (c) Specified counties. A non-home rule county with a
24population of at least 900,000 may adopt, by ordinance,
25reasonable regulations concerning the operation of a business
26in unincorporated areas of the county: (i) defined as an adult

 

 

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1entertainment facility in Section 5-1097.5 of this Act; (ii)
2that involves exposure of specified anatomical areas or
3performance of specified sexual activities by a person within
4the business' premises; or (iii) that offers or provides
5sexually-oriented entertainment services or activities. The
6ordinance may also prohibit the sale, dissemination, display,
7exhibition, or distribution of obscene materials or conduct.
8    If the county has established a licensing program as part
9of its regulation of adult entertainment facilities under this
10subsection, the findings, decision, and orders of the licensing
11official or licensing body is subject to review in the Circuit
12Court of the county. The Administrative Review Law and the
13rules adopted under the Administrative Review Law apply to and
14govern the judicial review of the final findings, decision, and
15order of the licensing official or licensing body under this
16subsection.
17    (d) Civil actions. A county adopting an ordinance to
18regulate adult entertainment facilities may authorize the
19State's Attorney to institute a civil action to restrain
20violations of that ordinance. In that proceeding, the court
21shall enter such orders as it considers necessary to abate the
22violation and to prevent the violation from continuing or from
23being renewed in the future. In addition to any injunctive
24relief granted by the court, an ordinance may further authorize
25the court to assess fines of up to $1,000 per day for each
26violation of the ordinance, with each day in violation

 

 

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1constituting a new and separate offense. If a non-home rule
2county with a population of at least 900,000 has a code hearing
3unit established under Division 5-41 or Division 5-43 of this
4Code, then the county may enforce and prosecute violations of
5the ordinance through its administrative adjudication program.
6(Source: P.A. 94-496, eff. 1-1-06.)".