Full Text of HB3983 99th General Assembly
HB3983sam002 99TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 5/15/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3983
| 2 | | AMENDMENT NO. ______. Amend House Bill 3983, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following: | 5 | | "Section 5. The Counties Code is amended by changing | 6 | | Sections 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 | 10 | | Section to control the negative secondary effects associated | 11 | | with the operation of adult entertainment facilities, | 12 | | including, but not limited to, negative impacts on surrounding | 13 | | properties, personal and property crimes, and vice activities, | 14 | | and to restrict the proximity of adult entertainment facilities | 15 | | near places where children and families are actively present, | 16 | | so as to promote the health, safety, and welfare of the |
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| 1 | | citizens of Illinois. | 2 | | This Section is not intended to deny access by adults to | 3 | | any expression that may be protected by the First Amendment of | 4 | | the United States Constitution or by the Illinois Constitution. | 5 | | (b) It is prohibited within an unincorporated area of a | 6 | | county to locate an adult
entertainment facility within 3,000 | 7 | | feet of the property
boundaries of any school, day care center, | 8 | | cemetery, public park, forest
preserve, public
housing, place | 9 | | of religious
worship, or residence, except that in a county | 10 | | with a population of more than 800,000 and less than 2,000,000 | 11 | | inhabitants, it is prohibited to locate, construct, or operate | 12 | | a new adult entertainment facility within one mile of the | 13 | | property boundaries of any school, day care center, cemetery, | 14 | | public park, forest preserve, public housing, or place of | 15 | | religious worship located anywhere within that county. | 16 | | Notwithstanding any other requirements of this Section, it is | 17 | | also prohibited to locate, construct, or operate a new adult | 18 | | entertainment facility within one mile of the property | 19 | | boundaries of any school, day care center, cemetery, public | 20 | | park, forest preserve, public housing, or place of religious | 21 | | worship located in that area of Cook County outside of the City | 22 | | of Chicago. The provisions requiring a one-mile separation | 23 | | shall not be enforced if enforcement would fail to allow adult | 24 | | entertainment facilities reasonable alternative avenues of | 25 | | communication.
| 26 | | (c) For the purposes of this Section, "adult entertainment |
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| 1 | | facility" means
(i) a movie theater, lounge, nightclub, bar, | 2 | | juice bar, or similar commercial establishment that regularly | 3 | | features a striptease club or pornographic movie theatre
whose | 4 | | business is the commercial
sale, dissemination, or | 5 | | distribution of sexually explicit material,
shows, or other
| 6 | | exhibitions characterized by an emphasis on the display of | 7 | | specified anatomical areas or specified sexual activities,
or | 8 | | (ii) a an adult bookstore or adult video store whose primary
| 9 | | business is the commercial sale, dissemination, or | 10 | | distribution of sexually
explicit material, shows, or other | 11 | | exhibitions characterized by an emphasis on the display of | 12 | | specified anatomical areas, specified sexual activities, or | 13 | | devices, other than devices designed to prevent pregnancy or | 14 | | sexually transmitted diseases, that are designed for use during | 15 | | specified sexual activities . "Unincorporated area of a county" | 16 | | means any area not within the boundaries of a municipality and | 17 | | "specified anatomical areas" and "specified sexual activities" | 18 | | shall have the meanings given to those terms in Section | 19 | | 5-1097.7 of this Code .
| 20 | | (d) The State's Attorney of the county where the adult | 21 | | entertainment facility is located or the Attorney General may | 22 | | institute a civil action for an injunction to restrain | 23 | | violations of this Section. Those persons and entities | 24 | | authorized to bring an action to enjoin a zoning violation may | 25 | | bring an action to enjoin a violation of this Section. In any | 26 | | enforcement that proceeding, the court shall determine whether |
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| 1 | | a violation has been committed and shall enter such orders as | 2 | | it considers necessary to remove the effect of any violation | 3 | | and to prevent the violation from continuing or from being | 4 | | renewed in the future.
| 5 | | (e) A home rule unit may not enact an ordinance or rule, or | 6 | | otherwise allow an adult entertainment facility to operate (i) | 7 | | less than 250 feet from the home rule unit's boundary, and (ii) | 8 | | within 3,000 feet of the property boundaries of any school, day | 9 | | care center, cemetery, public park, public housing, place of | 10 | | religious worship, or residence. This Section is a limitation | 11 | | under subsection (i) of Section 6 of Article VII of the | 12 | | Illinois Constitution on the concurrent exercise by home rule | 13 | | units of powers and functions exercised by the State. | 14 | | (f) The provisions of this Section are severable under | 15 | | Section 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 | 19 | | entertainment facilities and obscenity. | 20 | | (a) Definitions. In this Act: | 21 | | "Specified anatomical area" means human genitals or pubic | 22 | | region, buttocks, anus, or the female breast below a point | 23 | | immediately above the top the areola that is less than | 24 | | completely or opaquely covered, or human male genitals in a | 25 | | discernibly turgid state even if completely or opaquely |
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| 1 | | covered. | 2 | | "Specified sexual activities" means (i) human genitals in a | 3 | | state of sexual stimulation or excitement; (ii) acts of human | 4 | | masturbation, sexual intercourse, fellatio, or sodomy; (iii) | 5 | | fondling, kissing, or erotic touching of specified anatomical | 6 | | areas; (iv) flagellation or torture in the context of a sexual | 7 | | relationship; (v) masochism, erotic or sexually oriented | 8 | | torture, beating, or the infliction of pain; (vi) erotic | 9 | | touching, fondling, or other such contact with an animal by a | 10 | | human being; or (vii) human excretion, urination, | 11 | | menstruation, or vaginal or anal irrigation as part of or in | 12 | | connection with any of the activities set forth in items (i) | 13 | | through (vi). | 14 | | (b) Ordinance to regulate adult entertainment facilities. | 15 | | A county may adopt by
ordinance reasonable regulations | 16 | | concerning the operation of any business: (i) defined as
an | 17 | | adult entertainment facility in Section 5-1097.5 of this Act or | 18 | | (ii) that offers or
provides activities by employees, agents, | 19 | | or contractors of the business that involve
exposure of | 20 | | specified anatomical areas or performance of specified sexual | 21 | | activities in
view of any patron, client, or customer of the | 22 | | business. A county ordinance may also
prohibit the sale, | 23 | | dissemination, display, exhibition, or distribution of obscene | 24 | | materials
or conduct. | 25 | | (c) A county adopting an ordinance to regulate adult | 26 | | entertainment facilities may
authorize the State's Attorney to |
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| 1 | | institute a civil action to restrain violations of that
| 2 | | ordinance. In that proceeding, the court shall enter such | 3 | | orders as it considers necessary to abate the violation and to | 4 | | prevent the violation from continuing or from being renewed
in | 5 | | the future. In addition to any injunctive relief granted by the | 6 | | court, an ordinance may
further authorize the court to assess | 7 | | fines of up to $1,000 per day for each violation of the
| 8 | | ordinance, with each day in violation constituting a new and | 9 | | separate offense.
| 10 | | (d) A home rule unit may not enact an ordinance, rule, or | 11 | | otherwise allow an adult entertainment facility to operate in a | 12 | | manner inconsistent with this Section or subsection (e) of | 13 | | Section 5-1097.5 of this Code. This Section is a limitation | 14 | | under subsection (i) of Section 6 of Article VII of the | 15 | | Illinois Constitution on the concurrent exercise by home rule | 16 | | units of powers and functions exercised by the State. | 17 | | (e) The provisions of this Section are severable under | 18 | | Section 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 | 21 | | changing 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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| 1 | | Section to control the negative secondary effects associated | 2 | | with the operation of adult entertainment facilities, | 3 | | including, but not limited to, negative impacts on surrounding | 4 | | properties, personal and property crimes, and vice activities, | 5 | | and to restrict the proximity of adult entertainment facilities | 6 | | near places where children and families are actively present, | 7 | | so as to promote the health, safety, and welfare of the | 8 | | citizens of Illinois. | 9 | | This Section is not intended to deny access by adults to | 10 | | any expression that may be protected by the First Amendment of | 11 | | the United States Constitution or by the Illinois Constitution. | 12 | | (b) It is prohibited within a municipality to locate an | 13 | | adult entertainment
facility within 1,000 feet of the property
| 14 | | boundaries of any school, day care center, cemetery, public | 15 | | park, forest
preserve, public
housing, and place of religious
| 16 | | worship, except that in a county with a population of more than | 17 | | 800,000 and less than 2,000,000 inhabitants, it is prohibited | 18 | | to locate, construct, or operate a new adult entertainment | 19 | | facility within one mile of the property boundaries of any | 20 | | school, day care center, cemetery, public park, forest | 21 | | preserve, public housing, or place of religious worship located | 22 | | anywhere within that county. Notwithstanding any other | 23 | | requirements of this Section, it is also prohibited to locate, | 24 | | construct, or operate a new adult entertainment facility within | 25 | | one mile of the property boundaries of any school, day care | 26 | | center, cemetery, public park, forest preserve, public |
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| 1 | | housing, or place of religious worship located in that area of | 2 | | Cook County outside of the City of Chicago. These provisions | 3 | | requiring a one-mile separation shall not be enforced if | 4 | | enforcement would fail to allow adult entertainment facilities | 5 | | reasonable alternative avenues of communication.
| 6 | | (c) For the purposes of this Section, "adult entertainment | 7 | | facility" means
(i) a movie theater, lounge, nightclub, bar, | 8 | | juice bar, or similar commercial establishment that regularly | 9 | | features a striptease club or pornographic movie theatre
whose | 10 | | business is the commercial
sale, dissemination, or | 11 | | distribution of sexually explicit material,
shows, or other
| 12 | | exhibitions characterized by an emphasis on the display of | 13 | | specified anatomical areas or specified sexual activities,
or | 14 | | (ii) a store whose primary business is the commercial sale, | 15 | | dissemination, or distribution of materials, shows or other | 16 | | exhibitions characterized by an emphasis on the display of | 17 | | specified anatomical areas or specified sexual activities, or | 18 | | devices, other than devices designed to prevent pregnancy or | 19 | | sexually transmitted diseases, that are designed for use during | 20 | | specified sexual activities. As used in this subsection (c), | 21 | | "specified anatomical areas" and "specified sexual activities" | 22 | | shall have the meanings given to those terms in Section | 23 | | 5-1097.7 of the Counties Code an adult bookstore or adult video | 24 | | store in which 25% or more of its stock-in-trade, books, | 25 | | magazines, and films for sale, exhibition, or viewing | 26 | | on-premises are sexually explicit material . |
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| 1 | | (d) The State's Attorney of the county where the adult | 2 | | entertainment facility is located or the Attorney General may | 3 | | institute a civil action for an injunction to restrain | 4 | | violations of this Section. Those persons and entities | 5 | | authorized to bring an action under Section 11-13-15 of this | 6 | | Code to enjoin a zoning violation may bring an action to enjoin | 7 | | a violation of this Section, and may obtain the remedies set | 8 | | forth in Section 11-13-15 of this Code. In any enforcement | 9 | | proceeding, the court shall determine whether a violation has | 10 | | been committed and shall enter such orders as it considers | 11 | | necessary to remove the effect of any violation and to prevent | 12 | | the violation from continuing or from being renewed in the | 13 | | future. | 14 | | (e) A home rule unit may not enact an ordinance or rule, or | 15 | | otherwise allow an adult entertainment facility to operate (i) | 16 | | less than 250 feet from the home rule unit's boundary, and (ii) | 17 | | within 3,000 feet of the property boundaries of any school, day | 18 | | care center, cemetery, public park, public housing, place of | 19 | | religious worship, or residence. This Section is a limitation | 20 | | under subsection (i) of Section 6 of Article VII of the | 21 | | Illinois Constitution on the concurrent exercise by home rule | 22 | | units of powers and functions exercised by the State. | 23 | | (f) The provisions of this Section are severable under | 24 | | Section 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, | 26 | | eff. 8-21-08.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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