Full Text of SB1580 101st General Assembly
SB1580enr 101ST GENERAL ASSEMBLY |
| | SB1580 Enrolled | | LRB101 06651 AWJ 51678 b |
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| 1 | | AN ACT concerning local government.
| 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 Section | 5 | | 5-1097.7 as follows: | 6 | | (55 ILCS 5/5-1097.7)
| 7 | | Sec. 5-1097.7. Local ordinances to regulate adult | 8 | | entertainment facilities and obscenity. | 9 | | (a) Definitions. In this Act: | 10 | | "Specified anatomical area" means human genitals or pubic | 11 | | region, buttocks, anus, or the female breast below a point | 12 | | immediately above the top the areola that is less than | 13 | | completely or opaquely covered, or human male genitals in a | 14 | | discernibly turgid state even if completely or opaquely | 15 | | covered. | 16 | | "Specified sexual activities" means (i) human genitals in a | 17 | | state of sexual stimulation or excitement; (ii) acts of human | 18 | | masturbation, sexual intercourse, fellatio, or sodomy; (iii) | 19 | | fondling, kissing, or erotic touching of specified anatomical | 20 | | areas; (iv) flagellation or torture in the context of a sexual | 21 | | relationship; (v) masochism, erotic or sexually oriented | 22 | | torture, beating, or the infliction of pain; (vi) erotic | 23 | | touching, fondling, or other such contact with an animal by a |
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| 1 | | human being; or (vii) human excretion, urination, | 2 | | menstruation, or vaginal or anal irrigation as part of or in | 3 | | connection with any of the activities set forth in items (i) | 4 | | through (vi). | 5 | | (b) Ordinance to regulate adult entertainment facilities. | 6 | | Except as provided under subsection (c), a A county may adopt | 7 | | by
ordinance reasonable regulations concerning the operation | 8 | | of any business: (i) defined as
an adult entertainment facility | 9 | | in Section 5-1097.5 of this Act or (ii) that offers or
provides | 10 | | activities by employees, agents, or contractors of the business | 11 | | that involve
exposure of specified anatomical areas or | 12 | | performance of specified sexual activities in
view of any | 13 | | patron, client, or customer of the business. A county ordinance | 14 | | may also
prohibit the sale, dissemination, display, | 15 | | exhibition, or distribution of obscene materials
or conduct. | 16 | | (c) Specified counties. A non-home rule county with a | 17 | | population of at least 900,000 may adopt, by ordinance, | 18 | | reasonable regulations concerning the operation of a business | 19 | | in unincorporated areas of the county: (i) defined as an adult | 20 | | entertainment facility in Section 5-1097.5 of this Act; (ii) | 21 | | that involves exposure of specified anatomical areas or | 22 | | performance of specified sexual activities by a person within | 23 | | the business' premises; or (iii) that offers or provides | 24 | | sexually-oriented entertainment services or activities. The | 25 | | ordinance may also prohibit the sale, dissemination, display, | 26 | | exhibition, or distribution of obscene materials or conduct. |
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| 1 | | If the county has established a licensing program as part | 2 | | of its regulation of adult entertainment facilities under this | 3 | | subsection, the findings, decision, and orders of the licensing | 4 | | official or licensing body is subject to review in the Circuit | 5 | | Court of the county. The Administrative Review Law and the | 6 | | rules adopted under the Administrative Review Law apply to and | 7 | | govern the judicial review of the final findings, decision, and | 8 | | order of the licensing official or licensing body under this | 9 | | subsection. | 10 | | (d) Civil actions. A county adopting an ordinance to | 11 | | regulate adult entertainment facilities may
authorize the | 12 | | State's Attorney to institute a civil action to restrain | 13 | | violations of that
ordinance. In that proceeding, the court | 14 | | shall enter such orders as it considers necessary to abate the | 15 | | violation and to prevent the violation from continuing or from | 16 | | being renewed
in the future. In addition to any injunctive | 17 | | relief granted by the court, an ordinance may
further authorize | 18 | | the court to assess fines of up to $1,000 per day for each | 19 | | violation of the
ordinance, with each day in violation | 20 | | constituting a new and separate offense.
If a non-home rule | 21 | | county with a population of at least 900,000 has a code hearing | 22 | | unit established under Division 5-41 or Division 5-43 of this | 23 | | Code, then the county may enforce and prosecute violations of | 24 | | the ordinance through its administrative adjudication program.
| 25 | | (Source: P.A. 94-496, eff. 1-1-06.)
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