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| Public Act 094-0496 |
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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 | ||||
5-1097.5 and by adding Section 5-1097.7 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 | ||||
prohibited within an unincorporated area of a county to locate | ||||
an adult
entertainment facility within 3,000 feet of the | ||||
property
boundaries of any school, day care center, cemetery, | ||||
public park, forest
preserve, public
housing, and place of | ||||
religious
worship, or residence.
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For the purposes of this Section, "adult entertainment | ||||
facility" means
(i) a striptease club or pornographic movie | ||||
theatre
whose business is the commercial
sale, dissemination, | ||||
or distribution of sexually explicit material,
shows, or other
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exhibitions
or (ii) an adult bookstore or adult video store | ||||
whose primary
business is the commercial sale, dissemination, | ||||
or distribution of sexually
explicit material, shows, or other | ||||
exhibitions. "Unincorporated area of a county" means any area | ||||
not within the boundaries of a municipality.
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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 Section. In that proceeding, the court shall | ||||
determine whether a violation has been committed and shall | ||||
enter such orders as it considers necessary to remove the | ||||
effect of any violation and to prevent the violation from | ||||
continuing or from being renewed in the future.
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(Source: P.A. 93-1056, eff. 11-23-04.)
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(55 ILCS 5/5-1097.7 new)
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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. | ||
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. 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.
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