Full Text of HB4260 93rd General Assembly
HB4260 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4260
Introduced 1/29/2004, by Patricia R. Bellock SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/5-1097.5 |
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55 ILCS 5/5-1097.6 new |
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Amends the Counties Code. Provides that it is prohibited within an
unincorporated area of a county (now, within a county) to locate an adult
entertainment facility within 1,000 feet of certain locations. Defines
"unincorporated area of a county". Provides that the State's Attorney of the
county where the adult entertainment facility is located or the Attorney
General may institute a civil action for an injunction to restrain violations
of this prohibition. Provides that the court shall determine whether a
violation has been committed and shall enter orders necessary to remove the
effects of a violation and to prevent the violation from continuing or being
renewed in the future.
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A BILL FOR
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HB4260 |
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LRB093 18355 BDD 44062 b |
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| AN ACT concerning counties.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing
Section | 5 |
| 5-1097.5 and by adding Section 5-1097.6 as follows:
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| (55 ILCS 5/5-1097.5)
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| Sec. 5-1097.5. Adult entertainment facility.
It is | 8 |
| prohibited within an unincorporated area of a county to locate | 9 |
| an
adult entertainment facility within 1,000 feet of the | 10 |
| property
boundaries of any school, day care center, cemetery, | 11 |
| public park, forest
preserve, public housing, and place of | 12 |
| religious worship , or
residence .
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| For the purposes of this Section, "adult entertainment | 14 |
| facility" means
(i) a striptease club or pornographic movie | 15 |
| theatre
whose business is the commercial
sale, dissemination, | 16 |
| or distribution of sexually explicit material,
shows, or other
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| exhibitions
or (ii) an adult bookstore or adult video store | 18 |
| whose primary
business is the commercial sale, dissemination, | 19 |
| or distribution of sexually
explicit material, shows, or other | 20 |
| exhibitions. "Unincorporated area of a
county" means any area | 21 |
| not within the boundaries of a municipality.
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| The State's Attorney of the county where the adult | 23 |
| entertainment facility
is
located or the Attorney General may | 24 |
| institute a civil action for an injunction
to restrain | 25 |
| violations of this Section. In that proceeding, the court shall
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| determine whether a violation has been committed and shall | 27 |
| enter such orders as
it considers necessary to remove the | 28 |
| effect of any violation and to prevent
the violation from | 29 |
| continuing or from being renewed in the future.
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| (Source: P.A. 90-394, eff. 1-1-98; 90-634, eff. 7-24-98.)
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| (55 ILCS 5/5-1097.6 new)
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HB4260 |
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LRB093 18355 BDD 44062 b |
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| Sec. 5-1097.6. Local ordinances to regulate adult | 2 |
| entertainment facilities
and obscenity.
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| (a) Definitions. In this Act:
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| "Specified anatomical area" means human
genitals or pubic | 5 |
| region, buttocks, anus, or the female breast below a point
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| immediately above the top the areola that is less than | 7 |
| completely or opaquely
covered, or human male genitals in a | 8 |
| discernibly turgid state even if
completely
or opaquely | 9 |
| covered.
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| "Specified sexual activities" means (i) human genitals
in a | 11 |
| state of sexual stimulation or excitement; (ii) acts of human
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| masturbation, sexual intercourse, fellatio, or sodomy; (iii) | 13 |
| fondling, kissing,
or
erotic touching of specified anatomical | 14 |
| areas; (iv) flagellation or torture in
the context of a sexual | 15 |
| relationship; (v) masochism, erotic or sexually
oriented | 16 |
| torture, beating, or the infliction of pain; (vi) erotic | 17 |
| touching,
fondling, or other such contact with an animal by a | 18 |
| human being; or (vii) human
excretion, urination, | 19 |
| menstruation, or vaginal or anal irrigation as part of or
in | 20 |
| connection with any of the activities set forth in items (i) | 21 |
| through (vi).
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| (b) Ordinance to regulate adult entertainment facilities. | 23 |
| A county may adopt
by ordinance reasonable regulations | 24 |
| concerning the operation of any business:
(i) defined as an | 25 |
| adult entertainment facility in Section 5-1097.5 of this Act
or | 26 |
| (ii) that offers or provides activities by employees, agents, | 27 |
| or contractors
of the business that involve exposure of | 28 |
| specified anatomical areas or
performance of specified sexual | 29 |
| activities in view of any patron, client, or
customer of the | 30 |
| business. A county ordinance may also prohibit the sale,
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| dissemination, display, exhibition, or distribution of obscene | 32 |
| materials
or conduct. A county adopting an ordinance to | 33 |
| regulate adult entertainment
facilities may authorize the | 34 |
| State's Attorney to institute a civil action to
restrain | 35 |
| violations of that ordinance. In that proceeding, the court | 36 |
| shall
enter such orders as it considers necessary to abate the |
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HB4260 |
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LRB093 18355 BDD 44062 b |
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| violation and to
prevent the violation from continuing or from | 2 |
| being renewed in the future. In
addition to any injunctive | 3 |
| relief granted by the court, an ordinance may
further
authorize | 4 |
| the court to assess fines of up to $1,000 per day for each | 5 |
| violation
of the ordinance, with each day in violation | 6 |
| constituting a new and separate
offense.
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