HB0602eng 94TH GENERAL ASSEMBLY

HB0602 Engrossed LRB094 03768 RAS 33777 b

AN ACT concerning advertising.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Adult Entertainment Message Regulation Act.

Section 5. Definitions. In this Act:

"Adult cabaret" means a nightclub, bar, restaurant, or similar establishment in which owners, employees, or both appear in a state of nudity or semi-nudity in the performance of their duties or patrons are permitted or encouraged to appear in a state of nudity or semi-nudity.

"Message" means any outdoor communication, the intent of which is to advertise any adult cabaret or sexually-oriented business, as the terms are defined in this Act.

"Semi-nudity" means a state of dress in which opaque clothing fails to cover the genitals, anus, anal cleft or cleavage, pubic area, vulva, nipple, and areola of the female breast below a horizontal line across the top of the areola at its highest point. Semi-nudity includes the entire lower portion of the female breast, but does not include any portion of the cleavage of the female breast exhibited by wearing apparel, provided that the areola is not exposed in whole or part.

"Sexually-oriented business" means any business that offers its patrons goods of which a substantial portion are sexually-oriented materials. Any business where more than 10% of display space is used for sexually-oriented materials is presumed to be a sexually-oriented business.

"Sexually-oriented materials" means any textual, pictorial, or 3-dimensional material that explicitly depicts subject matter that is intended to be sexually arousing, including, but not limited to, nudity, sexual conduct, sexual excitement, or sadomasochistic abuse.

Section 10. Message or other outdoor communication regulation. No message or other outdoor communication advertising an adult cabaret or a sexually-oriented business may be located within the boundaries of any municipality or within one mile of any municipal boundary, Interstate highway, public or private elementary or secondary school, or church, synagogue, or other established place of worship, except that if such business is located within one mile of any municipal boundary, Interstate highway, public or private elementary or secondary school, or church, synagogue, or other established place of worship, then the business may display a maximum of 2 exterior messages on the premises of the business, consisting of one message of identification and one message solely giving notice that the premises are off limits to minors. The message of identification shall be no more than 40 square feet in size and shall include no more than the following information: name, street address, telephone number, and operating hours of the business.

Section 15. Grace period. Messages or other outdoor communications existing at the time of the effective date of this Act that do not conform to the requirements of this Act may be allowed to continue in non-conforming use for the term of the contract, up to one year after the effective date of this Act.

Section 20. Penalty. Any owner of an adult cabaret or a sexually-oriented business who violates any provision of this Act is guilty of a Class C misdemeanor. Each day that a violation of this Act continues to exist constitutes a separate offense.

Section 25. Home rule; local ordinances; scope of Act.

(a) Except as provided in subsection (b) of this Section, a home rule unit may not regulate messages or other outdoor communications advertising adult cabarets or sexually-oriented businesses in a manner that is less restrictive than this Act. This subsection (a) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(b) A unit of local government may, by ordinance adopted after the effective date of this Act, allow messages or other outdoor communications within the jurisdiction of that unit of local government that would otherwise be in violation of this Act. Messages or other outdoor communications in compliance with such an ordinance are not in violation of this Act.

(c) This Act shall not apply within a municipality with a population over 500,000.

Section 99. Effective date. This Act takes effect July 1, 2005.