Sen. William R. Haine

Filed: 5/15/2015

 

 


 

 


 
09900HB3983sam002LRB099 11142 AWJ 35551 a

1
AMENDMENT TO HOUSE BILL 3983

2    AMENDMENT NO. ______. Amend House Bill 3983, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Counties Code is amended by changing
6Sections 5-1097.5 and 5-1097.7 as follows:
 
7    (55 ILCS 5/5-1097.5)
8    Sec. 5-1097.5. Adult entertainment facility.
9    (a) It is the intent of the General Assembly through this
10Section to control the negative secondary effects associated
11with the operation of adult entertainment facilities,
12including, but not limited to, negative impacts on surrounding
13properties, personal and property crimes, and vice activities,
14and to restrict the proximity of adult entertainment facilities
15near places where children and families are actively present,
16so as to promote the health, safety, and welfare of the

 

 

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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 an unincorporated area of a
6county to locate an adult entertainment facility within 3,000
7feet of the property boundaries of any school, day care center,
8cemetery, public park, forest preserve, public housing, place
9of religious worship, or residence, except that in a county
10with a population of more than 800,000 and less than 2,000,000
11inhabitants, it is prohibited to locate, construct, or operate
12a new adult entertainment facility within one mile of the
13property boundaries of any school, day care center, cemetery,
14public park, forest preserve, public housing, or place of
15religious worship located anywhere within that county.
16Notwithstanding any other requirements of this Section, it is
17also prohibited to locate, construct, or operate a new adult
18entertainment facility within one mile of the property
19boundaries of any school, day care center, cemetery, public
20park, forest preserve, public housing, or place of religious
21worship located in that area of Cook County outside of the City
22of Chicago. The provisions requiring a one-mile separation
23shall not be enforced if enforcement would fail to allow adult
24entertainment facilities reasonable alternative avenues of
25communication.
26    (c) For the purposes of this Section, "adult entertainment

 

 

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1facility" means (i) a movie theater, lounge, nightclub, bar,
2juice bar, or similar commercial establishment that regularly
3features a striptease club or pornographic movie theatre whose
4business is the commercial sale, dissemination, or
5distribution of sexually explicit material, shows, or other
6exhibitions characterized by an emphasis on the display of
7specified anatomical areas or specified sexual activities, or
8(ii) a an adult bookstore or adult video store whose primary
9business is the commercial sale, dissemination, or
10distribution of sexually explicit material, shows, or other
11exhibitions characterized by an emphasis on the display of
12specified anatomical areas, specified sexual activities, or
13devices, other than devices designed to prevent pregnancy or
14sexually transmitted diseases, that are designed for use during
15specified sexual activities. "Unincorporated area of a county"
16means any area not within the boundaries of a municipality and
17"specified anatomical areas" and "specified sexual activities"
18shall have the meanings given to those terms in Section
195-1097.7 of this Code.
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 to enjoin a zoning violation may
25bring an action to enjoin a violation of this Section. In any
26enforcement that proceeding, the court shall determine whether

 

 

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1a violation has been committed and shall enter such orders as
2it considers necessary to remove the effect of any violation
3and to prevent the violation from continuing or from being
4renewed in the future.
5    (e) A home rule unit may not enact an ordinance or rule, or
6otherwise allow an adult entertainment facility to operate (i)
7less than 250 feet from the home rule unit's boundary, and (ii)
8within 3,000 feet of the property boundaries of any school, day
9care center, cemetery, public park, public housing, place of
10religious worship, or residence. This Section is a limitation
11under subsection (i) of Section 6 of Article VII of the
12Illinois Constitution on the concurrent exercise by home rule
13units of powers and functions exercised by the State.
14    (f) The provisions of this Section are severable under
15Section 1.31 of the Statute on Statutes.
16(Source: P.A. 94-496, eff. 1-1-06; 95-214, eff. 8-16-07.)
 
17    (55 ILCS 5/5-1097.7)
18    Sec. 5-1097.7. Local ordinances to regulate adult
19entertainment facilities and obscenity.
20    (a) Definitions. In this Act:
21    "Specified anatomical area" means human genitals or pubic
22region, buttocks, anus, or the female breast below a point
23immediately above the top the areola that is less than
24completely or opaquely covered, or human male genitals in a
25discernibly turgid state even if completely or opaquely

 

 

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

 

 

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1institute a civil action to restrain violations of that
2ordinance. In that proceeding, the court shall enter such
3orders as it considers necessary to abate the violation and to
4prevent the violation from continuing or from being renewed in
5the future. In addition to any injunctive relief granted by the
6court, an ordinance may further authorize the court to assess
7fines of up to $1,000 per day for each violation of the
8ordinance, with each day in violation constituting a new and
9separate offense.
10    (d) A home rule unit may not enact an ordinance, rule, or
11otherwise allow an adult entertainment facility to operate in a
12manner inconsistent with this Section or subsection (e) of
13Section 5-1097.5 of this Code. This Section is a limitation
14under subsection (i) of Section 6 of Article VII of the
15Illinois Constitution on the concurrent exercise by home rule
16units of powers and functions exercised by the State.
17    (e) The provisions of this Section are severable under
18Section 1.31 of the Statute on Statutes.
19(Source: P.A. 94-496, eff. 1-1-06.)
 
20    Section 10. The Illinois Municipal Code is amended by
21changing Section 11-5-1.5 as follows:
 
22    (65 ILCS 5/11-5-1.5)
23    Sec. 11-5-1.5. Adult entertainment facility.
24    (a) It is the intent of the General Assembly through this

 

 

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1Section to control the negative secondary effects associated
2with the operation of adult entertainment facilities,
3including, but not limited to, negative impacts on surrounding
4properties, personal and property crimes, and vice activities,
5and to restrict the proximity of adult entertainment facilities
6near places where children and families are actively present,
7so as to promote the health, safety, and welfare of the
8citizens of Illinois.
9    This Section is not intended to deny access by adults to
10any expression that may be protected by the First Amendment of
11the United States Constitution or by the Illinois Constitution.
12    (b) It is prohibited within a municipality to locate an
13adult entertainment facility within 1,000 feet of the property
14boundaries of any school, day care center, cemetery, public
15park, forest preserve, public housing, and place of religious
16worship, except that in a county with a population of more than
17800,000 and less than 2,000,000 inhabitants, it is prohibited
18to locate, construct, or operate a new adult entertainment
19facility within one mile of the property boundaries of any
20school, day care center, cemetery, public park, forest
21preserve, public housing, or place of religious worship located
22anywhere within that county. Notwithstanding any other
23requirements of this Section, it is also prohibited to locate,
24construct, or operate a new adult entertainment facility within
25one mile of the property boundaries of any school, day care
26center, cemetery, public park, forest preserve, public

 

 

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1housing, or place of religious worship located in that area of
2Cook County outside of the City of Chicago. These provisions
3requiring a one-mile separation shall not be enforced if
4enforcement would fail to allow adult entertainment facilities
5reasonable alternative avenues of communication.
6    (c) For the purposes of this Section, "adult entertainment
7facility" means (i) a movie theater, lounge, nightclub, bar,
8juice bar, or similar commercial establishment that regularly
9features a striptease club or pornographic movie theatre whose
10business is the commercial sale, dissemination, or
11distribution of sexually explicit material, shows, or other
12exhibitions characterized by an emphasis on the display of
13specified anatomical areas or specified sexual activities, or
14(ii) a store whose primary business is the commercial sale,
15dissemination, or distribution of materials, shows or other
16exhibitions characterized by an emphasis on the display of
17specified anatomical areas or specified sexual activities, or
18devices, other than devices designed to prevent pregnancy or
19sexually transmitted diseases, that are designed for use during
20specified sexual activities. As used in this subsection (c),
21"specified anatomical areas" and "specified sexual activities"
22shall have the meanings given to those terms in Section
235-1097.7 of the Counties Code an adult bookstore or adult video
24store in which 25% or more of its stock-in-trade, books,
25magazines, and films for sale, exhibition, or viewing
26on-premises are sexually explicit material.

 

 

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1    (d) The State's Attorney of the county where the adult
2entertainment facility is located or the Attorney General may
3institute a civil action for an injunction to restrain
4violations of this Section. Those persons and entities
5authorized to bring an action under Section 11-13-15 of this
6Code to enjoin a zoning violation may bring an action to enjoin
7a violation of this Section, and may obtain the remedies set
8forth in Section 11-13-15 of this Code. In any enforcement
9proceeding, the court shall determine whether a violation has
10been committed and shall enter such orders as it considers
11necessary to remove the effect of any violation and to prevent
12the violation from continuing or from being renewed in the
13future.
14    (e) A home rule unit may not enact an ordinance or rule, or
15otherwise allow an adult entertainment facility to operate (i)
16less than 250 feet from the home rule unit's boundary, and (ii)
17within 3,000 feet of the property boundaries of any school, day
18care center, cemetery, public park, public housing, place of
19religious worship, or residence. This Section is a limitation
20under subsection (i) of Section 6 of Article VII of the
21Illinois Constitution on the concurrent exercise by home rule
22units of powers and functions exercised by the State.
23    (f) The provisions of this Section are severable under
24Section 1.31 of the Statute on Statutes.
25(Source: P.A. 95-47, eff. 1-1-08; 95-214, eff. 8-16-07; 95-876,
26eff. 8-21-08.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".