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[ Senate Amendment 001 ] |
92_SB0609 LRB9207696ARsb 1 AN ACT concerning adult entertainment. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Adult Uses Location Restriction Act. 6 Section 5. Policy. It is the policy of the General 7 Assembly on behalf of the People of the State of Illinois and 8 in protection of their general health, safety, and welfare to 9 regulate the proximity of adult uses to other adult uses, 10 schools, parks, places of worship, mobile home parks, 11 pre-schools, and day care facilities. 12 Section 10. Definitions. In this Act: 13 "Adult bookstore" includes: 14 (1) any establishment having as a substantial portion of 15 sales or stock-in-trade, any books, magazines, periodicals, 16 or films for sale or for viewing on the premises by the use 17 of motion picture devices or coin-operated machines that are 18 distinguished or characterized by their emphasis on matter 19 depicting, describing, or relating to specific sexual 20 activities or anatomical areas; 21 (2) any establishment with a section or segment devoted 22 to the sale or display of any books, magazines, periodicals, 23 or films for sale or for viewing on the premises by the use 24 of motion picture devices or coin-operated machines that are 25 distinguished or characterized by their emphasis on matter 26 depicting, describing, or relating to specific sexual 27 activities or anatomical areas; and 28 (3) any establishment that holds itself out to the 29 public to be a purveyor of any books, magazines, periodicals, 30 or films for sale or for viewing on the premises by the use -2- LRB9207696ARsb 1 of motion picture devices or coin-operated machines that are 2 distinguished or characterized by their emphasis on matter 3 depicting, describing, or relating to specific sexual 4 activities or anatomical areas, based upon its signage, 5 advertising, displays, sales, presence of video preview or 6 coin-operated machines, exclusion of minors from its 7 premises, or any other factors showing that the 8 establishment's purpose is to purvey that material. 9 "Adult entertainment cabaret" means: 10 (1) any public or private establishment that features 11 topless dancers, strippers, "go-go" dancers, male or female 12 impersonators, or lingerie or bathing suit fashion shows; 13 (2) any public or private establishment that features 14 entertainers who display specific anatomical areas; or 15 (3) any public or private establishment that features 16 entertainers who, by reason of their appearance or conduct, 17 perform in a manner designed primarily to appeal to the 18 prurient interest of the patron or who engage in explicit 19 simulation of specific sexual activities. 20 "Adult motion picture theater" means a building or area 21 used for presenting materials or that is distinguished or 22 characterized by an emphasis on matter depicting, describing, 23 or relating to specific sexual activities or anatomical areas 24 for observation by patrons inside the building or area. 25 "Adult novelty store" means: 26 (1) any establishment having as a substantial portion of 27 sales or stock-in-trade, any toys, devices, clothing, 28 novelties, lotions, or other items distinguished or 29 characterized by their emphasis on or use for specific sexual 30 activities or anatomical areas; or 31 (2) any establishment that holds itself out to the 32 public to be a purveyor of any toys, devices, clothing, 33 novelties, lotions, or other items distinguished or 34 characterized by their emphasis on or use for specific sexual -3- LRB9207696ARsb 1 activities or anatomical areas, based upon its signage, 2 advertising, displays, actual sales, exclusion of minors from 3 its premises, or any other factors showing that the 4 establishment's primary purpose is to purvey that material. 5 "Adult Uses" include any adult bookstore, adult 6 entertainment cabaret, adult motion picture theater, or adult 7 novelty store. 8 Section 15. Restrictions on locations of adult uses. 9 (a) No adult use shall be located within 1,000 feet of 10 any then-existing adult use. 11 (b) No adult use shall be located within 1,000 feet of 12 any public or private elementary or secondary school, any 13 public park, any place of worship, any pre-school, any day 14 care facility, any mobile home park used for residential 15 purposes, or any area that is zoned as residential. 16 Section 20. Penalty. A violation of any provision of 17 this Act is a separate petty offense for each day of 18 violation.