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| Public Act 101-0405 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section | ||||
5-1097.7 as follows: | ||||
(55 ILCS 5/5-1097.7)
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Sec. 5-1097.7. Local ordinances to regulate adult | ||||
entertainment facilities and obscenity. | ||||
(a) Definitions. In this Act: | ||||
"Specified anatomical area" means human genitals or pubic | ||||
region, buttocks, anus, or the female breast below a point | ||||
immediately above the top the areola that is less than | ||||
completely or opaquely covered, or human male genitals in a | ||||
discernibly turgid state even if completely or opaquely | ||||
covered. | ||||
"Specified sexual activities" means (i) human genitals in a | ||||
state of sexual stimulation or excitement; (ii) acts of human | ||||
masturbation, sexual intercourse, fellatio, or sodomy; (iii) | ||||
fondling, kissing, or erotic touching of specified anatomical | ||||
areas; (iv) flagellation or torture in the context of a sexual | ||||
relationship; (v) masochism, erotic or sexually oriented | ||||
torture, beating, or the infliction of pain; (vi) erotic | ||||
touching, fondling, or other such contact with an animal by a | ||||
human being; or (vii) human excretion, urination, | ||
menstruation, or vaginal or anal irrigation as part of or in | ||
connection with any of the activities set forth in items (i) | ||
through (vi). | ||
(b) Ordinance to regulate adult entertainment facilities. | ||
Except as provided under subsection (c), a A county may adopt | ||
by
ordinance reasonable regulations concerning the operation | ||
of any business: (i) defined as
an adult entertainment facility | ||
in Section 5-1097.5 of this Act or (ii) that offers or
provides | ||
activities by employees, agents, or contractors of the business | ||
that involve
exposure of specified anatomical areas or | ||
performance of specified sexual activities in
view of any | ||
patron, client, or customer of the business. A county ordinance | ||
may also
prohibit the sale, dissemination, display, | ||
exhibition, or distribution of obscene materials
or conduct. | ||
(c) Specified counties. A non-home rule county with a | ||
population of at least 900,000 may adopt, by ordinance, | ||
reasonable regulations concerning the operation of a business | ||
in unincorporated areas of the county: (i) defined as an adult | ||
entertainment facility in Section 5-1097.5 of this Act; (ii) | ||
that involves exposure of specified anatomical areas or | ||
performance of specified sexual activities by a person within | ||
the business' premises; or (iii) that offers or provides | ||
sexually-oriented entertainment services or activities. The | ||
ordinance may also prohibit the sale, dissemination, display, | ||
exhibition, or distribution of obscene materials or conduct. | ||
If the county has established a licensing program as part | ||
of its regulation of adult entertainment facilities under this | ||
subsection, the findings, decision, and orders of the licensing | ||
official or licensing body is subject to review in the Circuit | ||
Court of the county. The Administrative Review Law and the | ||
rules adopted under the Administrative Review Law apply to and | ||
govern the judicial review of the final findings, decision, and | ||
order of the licensing official or licensing body under this | ||
subsection. | ||
(d) Civil actions. A county adopting an ordinance to | ||
regulate adult entertainment facilities may
authorize the | ||
State's Attorney to institute a civil action to restrain | ||
violations of that
ordinance. In that proceeding, the court | ||
shall enter such orders as it considers necessary to abate the | ||
violation and to prevent the violation from continuing or from | ||
being renewed
in the future. In addition to any injunctive | ||
relief granted by the court, an ordinance may
further authorize | ||
the court to assess fines of up to $1,000 per day for each | ||
violation of the
ordinance, with each day in violation | ||
constituting a new and separate offense.
If a non-home rule | ||
county with a population of at least 900,000 has a code hearing | ||
unit established under Division 5-41 or Division 5-43 of this | ||
Code, then the county may enforce and prosecute violations of | ||
the ordinance through its administrative adjudication program.
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(Source: P.A. 94-496, eff. 1-1-06.)
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