99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3983

 

Introduced , by Rep. Margo McDermed

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1097.5
55 ILCS 5/5-1097.7
65 ILCS 5/11-5-1.5

    Amends the Counties Code. Provides for a public policy recital concerning the reasons for regulating adult entertainment facilities. Provides that provisions requiring a one-mile separation between an adult entertainment facility and other specific land uses shall not be enforced if enforcement would fail to allow adult entertainment facilities reasonable alternative avenues of communications. Modifies the definition of "adult entertainment facility." Adds severability clauses. Limits home rule powers. Makes similar changes to the Illinois Municipal Code and provides that adult entertainment facility ordinances may be enforced in the circuit court by the State's Attorney, Attorney General, and persons authorized to bring an action to enjoin zoning violations. Effective immediately.


LRB099 11142 AWJ 31611 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3983LRB099 11142 AWJ 31611 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Sections 5-1097.5 and 5-1097.7 as follows:
 
6    (55 ILCS 5/5-1097.5)
7    Sec. 5-1097.5. Adult entertainment facility.
8    (a) It is the intent of the General Assembly through this
9Section to control the negative secondary effects associated
10with the operation of adult entertainment facilities,
11including, but not limited to, negative impacts on surrounding
12properties, personal and property crimes, and vice activities,
13and to restrict the proximity of adult entertainment facilities
14near places where children and families are actively present,
15so as to promote the health, safety, and welfare of the
16citizens of Illinois.
17    This Section is not intended to deny access by adults to
18any expression that may be protected by the First Amendment of
19the United States Constitution or by the Illinois Constitution.
20    (b) It is prohibited within an unincorporated area of a
21county to locate an adult entertainment facility within 3,000
22feet of the property boundaries of any school, day care center,
23cemetery, public park, forest preserve, public housing, place

 

 

HB3983- 2 -LRB099 11142 AWJ 31611 b

1of religious worship, or residence, except that in a county
2with a population of more than 800,000 and less than 2,000,000
3inhabitants, it is prohibited to locate, construct, or operate
4a new adult entertainment facility within one mile of the
5property boundaries of any school, day care center, cemetery,
6public park, forest preserve, public housing, or place of
7religious worship located anywhere within that county.
8Notwithstanding any other requirements of this Section, it is
9also prohibited to locate, construct, or operate a new adult
10entertainment facility within one mile of the property
11boundaries of any school, day care center, cemetery, public
12park, forest preserve, public housing, or place of religious
13worship located in that area of Cook County outside of the City
14of Chicago. The provisions requiring a one-mile separation
15shall not be enforced if enforcement would fail to allow adult
16entertainment facilities reasonable alternative avenues of
17communication.
18    (c) For the purposes of this Section, "adult entertainment
19facility" means (i) a movie theater, lounge, nightclub, bar,
20juice bar, or similar commercial establishment that regularly
21features a striptease club or pornographic movie theatre whose
22business is the commercial sale, dissemination, or
23distribution of sexually explicit material, shows, or other
24exhibitions characterized by an emphasis on the display of
25specified anatomical areas or specified sexual activities, or
26(ii) a an adult bookstore or adult video store whose primary

 

 

HB3983- 3 -LRB099 11142 AWJ 31611 b

1business is the commercial sale, dissemination, or
2distribution of sexually explicit material, shows, or other
3exhibitions characterized by an emphasis on the display of
4specified anatomical areas, specified sexual activities, or
5devices, other than devices designed to prevent pregnancy or
6sexually transmitted diseases, that are designed for use during
7specified sexual activities. "Unincorporated area of a county"
8means any area not within the boundaries of a municipality and
9"specified anatomical areas" and "specified sexual activities"
10shall have the meanings given to those terms in Section
115-1097.7 of this Code.
12    (d) The State's Attorney of the county where the adult
13entertainment facility is located or the Attorney General may
14institute a civil action for an injunction to restrain
15violations of this Section. Those persons and entities
16authorized to bring an action to enjoin a zoning violation may
17bring an action to enjoin a violation of this Section. In any
18enforcement that proceeding, the court shall determine whether
19a violation has been committed and shall enter such orders as
20it considers necessary to remove the effect of any violation
21and to prevent the violation from continuing or from being
22renewed in the future.
23    (e) A home rule unit may not enact an ordinance, rule, or
24otherwise allow an adult entertainment facility to operate in a
25manner inconsistent with this Section, except that a home rule
26unit may lessen the required distance between an adult

 

 

HB3983- 4 -LRB099 11142 AWJ 31611 b

1entertainment facility and any other land use listed in
2subsection (b) of this Section to not less than 250 feet. This
3Section is a limitation under subsection (g) of Section 6 of
4Article VII of the Illinois Constitution on the concurrent
5exercise by home rule units of powers and functions exercised
6by the State.
7    (f) The provisions of this Section are severable under
8Section 1.31 of the Statute on Statutes.
9(Source: P.A. 94-496, eff. 1-1-06; 95-214, eff. 8-16-07.)
 
10    (55 ILCS 5/5-1097.7)
11    Sec. 5-1097.7. Local ordinances to regulate adult
12entertainment facilities and obscenity.
13    (a) Definitions. In this Act:
14    "Specified anatomical area" means human genitals or pubic
15region, buttocks, anus, or the female breast below a point
16immediately above the top the areola that is less than
17completely or opaquely covered, or human male genitals in a
18discernibly turgid state even if completely or opaquely
19covered.
20    "Specified sexual activities" means (i) human genitals in a
21state of sexual stimulation or excitement; (ii) acts of human
22masturbation, sexual intercourse, fellatio, or sodomy; (iii)
23fondling, kissing, or erotic touching of specified anatomical
24areas; (iv) flagellation or torture in the context of a sexual
25relationship; (v) masochism, erotic or sexually oriented

 

 

HB3983- 5 -LRB099 11142 AWJ 31611 b

1torture, beating, or the infliction of pain; (vi) erotic
2touching, fondling, or other such contact with an animal by a
3human being; or (vii) human excretion, urination,
4menstruation, or vaginal or anal irrigation as part of or in
5connection with any of the activities set forth in items (i)
6through (vi).
7    (b) Ordinance to regulate adult entertainment facilities.
8A county may adopt by ordinance reasonable regulations
9concerning the operation of any business: (i) defined as an
10adult entertainment facility in Section 5-1097.5 of this Act or
11(ii) that offers or provides activities by employees, agents,
12or contractors of the business that involve exposure of
13specified anatomical areas or performance of specified sexual
14activities in view of any patron, client, or customer of the
15business. A county ordinance may also prohibit the sale,
16dissemination, display, exhibition, or distribution of obscene
17materials or conduct.
18    (c) A county adopting an ordinance to regulate adult
19entertainment facilities may authorize the State's Attorney to
20institute a civil action to restrain violations of that
21ordinance. In that proceeding, the court shall enter such
22orders as it considers necessary to abate the violation and to
23prevent the violation from continuing or from being renewed in
24the future. In addition to any injunctive relief granted by the
25court, an ordinance may further authorize the court to assess
26fines of up to $1,000 per day for each violation of the

 

 

HB3983- 6 -LRB099 11142 AWJ 31611 b

1ordinance, with each day in violation constituting a new and
2separate offense.
3    (d) A home rule unit may not enact an ordinance, rule, or
4otherwise allow an adult entertainment facility to operate in a
5manner inconsistent with this Section or subsection (e) of
6Section 5-1097.5 of this Code. This Section is a limitation
7under subsection (g) of Section 6 of Article VII of the
8Illinois Constitution on the concurrent exercise by home rule
9units of powers and functions exercised by the State.
10    (e) The provisions of this Section are severable under
11Section 1.31 of the Statute on Statutes.
12(Source: P.A. 94-496, eff. 1-1-06.)
 
13    Section 10. The Illinois Municipal Code is amended by
14changing Section 11-5-1.5 as follows:
 
15    (65 ILCS 5/11-5-1.5)
16    Sec. 11-5-1.5. Adult entertainment facility.
17    (a) It is the intent of the General Assembly through this
18Section to control the negative secondary effects associated
19with the operation of adult entertainment facilities,
20including, but not limited to, negative impacts on surrounding
21properties, personal and property crimes, and vice activities,
22and to restrict the proximity of adult entertainment facilities
23near places where children and families are actively present,
24so as to promote the health, safety, and welfare of the

 

 

HB3983- 7 -LRB099 11142 AWJ 31611 b

1citizens of Illinois.
2    This Section is not intended to deny access by adults to
3any expression that may be protected by the First Amendment of
4the United States Constitution or by the Illinois Constitution.
5    (b) It is prohibited within a municipality to locate an
6adult entertainment facility within 1,000 feet of the property
7boundaries of any school, day care center, cemetery, public
8park, forest preserve, public housing, and place of religious
9worship, except that in a county with a population of more than
10800,000 and less than 2,000,000 inhabitants, it is prohibited
11to locate, construct, or operate a new adult entertainment
12facility within one mile of the property boundaries of any
13school, day care center, cemetery, public park, forest
14preserve, public housing, or place of religious worship located
15anywhere within that county. Notwithstanding any other
16requirements of this Section, it is also prohibited to locate,
17construct, or operate a new adult entertainment facility within
18one mile of the property boundaries of any school, day care
19center, cemetery, public park, forest preserve, public
20housing, or place of religious worship located in that area of
21Cook County outside of the City of Chicago. These provisions
22requiring a one-mile separation shall not be enforced if
23enforcement would fail to allow adult entertainment facilities
24reasonable alternative avenues of communication.
25    (c) For the purposes of this Section, "adult entertainment
26facility" means (i) a movie theater, lounge, nightclub, bar,

 

 

HB3983- 8 -LRB099 11142 AWJ 31611 b

1juice bar, or similar commercial establishment that regularly
2features a striptease club or pornographic movie theatre whose
3business is the commercial sale, dissemination, or
4distribution of sexually explicit material, shows, or other
5exhibitions characterized by an emphasis on the display of
6specified anatomical areas or specified sexual activities, or
7(ii) a store whose primary business is the commercial sale,
8dissemination, or distribution of materials, shows or other
9exhibitions characterized by an emphasis on the display of
10specified anatomical areas or specified sexual activities, or
11devices, other than devices designed to prevent pregnancy or
12sexually transmitted diseases, that are designed for use during
13specified sexual activities. As used in this subsection (c),
14"specified anatomical areas" and "specified sexual activities"
15shall have the meanings given to those terms in Section
165-1097.7 of the Counties Code an adult bookstore or adult video
17store in which 25% or more of its stock-in-trade, books,
18magazines, and films for sale, exhibition, or viewing
19on-premises are sexually explicit material.
20    (d) The State's Attorney of the county where the adult
21entertainment facility is located or the Attorney General may
22institute a civil action for an injunction to restrain
23violations of this Section. Those persons and entities
24authorized to bring an action under Section 11-13-15 of this
25Code to enjoin a zoning violation may bring an action to enjoin
26a violation of this Section, and may obtain the remedies set

 

 

HB3983- 9 -LRB099 11142 AWJ 31611 b

1forth in Section 11-13-15 of this Code. In any enforcement
2proceeding, the court shall determine whether a violation has
3been committed and shall enter such orders as it considers
4necessary to remove the effect of any violation and to prevent
5the violation from continuing or from being renewed in the
6future.
7    (e) A home rule unit may not enact an ordinance, rule, or
8otherwise allow an adult entertainment facility to operate in a
9manner inconsistent with this Section, except that a home rule
10unit may lessen the required distance between an adult
11entertainment facility and any other land use listed in
12subsection (b) of this Section to not less than 250 feet. This
13Section is a limitation under subsection (g) of Section 6 of
14Article VII of the Illinois Constitution on the concurrent
15exercise by home rule units of powers and functions exercised
16by the State.
17    (f) The provisions of this Section are severable under
18Section 1.31 of the Statute on Statutes.
19(Source: P.A. 95-47, eff. 1-1-08; 95-214, eff. 8-16-07; 95-876,
20eff. 8-21-08.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.