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| 1 |  |  AN ACT concerning local government.
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| 2 |  |  Be it enacted by the People of the State of Illinois,
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| 3 |  | represented in the General Assembly:
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| 4 |  |  Section 5. The Counties Code is amended by changing  | 
| 5 |  | Sections 5-1097.5 and 5-1097.7 as follows:
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| 6 |  |  (55 ILCS 5/5-1097.5)
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| 7 |  |  Sec. 5-1097.5. Adult entertainment facility.  | 
| 8 |  |  (a) It is the intent of the General Assembly through this  | 
| 9 |  | Section to control the negative secondary effects associated  | 
| 10 |  | with the operation of adult entertainment facilities,  | 
| 11 |  | including, but not limited to, negative impacts on surrounding  | 
| 12 |  | properties, personal and property crimes, and vice activities,  | 
| 13 |  | and to restrict the proximity of adult entertainment facilities  | 
| 14 |  | near places where children and families are actively present,  | 
| 15 |  | so as to promote the health, safety, and welfare of the  | 
| 16 |  | citizens of Illinois. | 
| 17 |  |  This Section is not intended to deny access by adults to  | 
| 18 |  | any expression that may be protected by the First Amendment of  | 
| 19 |  | the United States Constitution or by the Illinois Constitution. | 
| 20 |  |  (b) It is prohibited within an unincorporated area of a  | 
| 21 |  | county to locate an adult
entertainment facility within 3,000  | 
| 22 |  | feet of the property
boundaries of any school, day care center,  | 
| 23 |  | cemetery, public park, forest
preserve, public
housing, place  | 
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| 1 |  | of religious
worship, or residence, except that in a county  | 
| 2 |  | with a population of more than 800,000 and less than 2,000,000  | 
| 3 |  | inhabitants, it is prohibited to locate, construct, or operate  | 
| 4 |  | a new adult entertainment facility within one mile of the  | 
| 5 |  | property boundaries of any school, day care center, cemetery,  | 
| 6 |  | public park, forest preserve, public housing, or place of  | 
| 7 |  | religious worship located anywhere within that county.  | 
| 8 |  | Notwithstanding any other requirements of this Section, it is  | 
| 9 |  | also prohibited to locate, construct, or operate a new adult  | 
| 10 |  | entertainment facility within one mile of the property  | 
| 11 |  | boundaries of any school, day care center, cemetery, public  | 
| 12 |  | park, forest preserve, public housing, or place of religious  | 
| 13 |  | worship located in that area of Cook County outside of the City  | 
| 14 |  | of Chicago. The provisions requiring a one-mile separation  | 
| 15 |  | shall not be enforced if enforcement would fail to allow adult  | 
| 16 |  | entertainment facilities reasonable alternative avenues of  | 
| 17 |  | communication. 
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| 18 |  |  (c) For the purposes of this Section, "adult entertainment  | 
| 19 |  | facility" means
(i) a movie theater, lounge, nightclub, bar,  | 
| 20 |  | juice bar, or similar commercial establishment that regularly  | 
| 21 |  | features a striptease club or pornographic movie theatre
whose  | 
| 22 |  | business is the commercial
sale, dissemination, or  | 
| 23 |  | distribution of sexually explicit material,
shows, or other
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| 24 |  | exhibitions characterized by an emphasis on the display of  | 
| 25 |  | specified anatomical areas or specified sexual activities,
or  | 
| 26 |  | (ii) a an adult bookstore or adult video store whose primary
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| 1 |  | business is the commercial sale, dissemination, or  | 
| 2 |  | distribution of sexually
explicit material, shows, or other  | 
| 3 |  | exhibitions characterized by an emphasis on the display of  | 
| 4 |  | specified anatomical areas, specified sexual activities, or  | 
| 5 |  | devices, other than devices designed to prevent pregnancy or  | 
| 6 |  | sexually transmitted diseases, that are designed for use during  | 
| 7 |  | specified sexual activities. "Unincorporated area of a county"  | 
| 8 |  | means any area not within the boundaries of a municipality and  | 
| 9 |  | "specified anatomical areas" and "specified sexual activities"  | 
| 10 |  | shall have the meanings given to those terms in Section  | 
| 11 |  | 5-1097.7 of this Code.
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| 12 |  |  (d) The State's Attorney of the county where the adult  | 
| 13 |  | entertainment facility is located or the Attorney General may  | 
| 14 |  | institute a civil action for an injunction to restrain  | 
| 15 |  | violations of this Section. Those persons and entities  | 
| 16 |  | authorized to bring an action to enjoin a zoning violation may  | 
| 17 |  | bring an action to enjoin a violation of this Section. In any  | 
| 18 |  | enforcement that proceeding, the court shall determine whether  | 
| 19 |  | a violation has been committed and shall enter such orders as  | 
| 20 |  | it considers necessary to remove the effect of any violation  | 
| 21 |  | and to prevent the violation from continuing or from being  | 
| 22 |  | renewed in the future.
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| 23 |  |  (e) A home rule unit may not enact an ordinance, rule, or  | 
| 24 |  | otherwise allow an adult entertainment facility to operate in a  | 
| 25 |  | manner inconsistent with this Section, except that a home rule  | 
| 26 |  | unit may lessen the required distance between an adult  | 
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| 1 |  | entertainment facility and any other land use listed in  | 
| 2 |  | subsection (b) of this Section to not less than 250 feet from  | 
| 3 |  | the home rule unit's boundary. This Section is a limitation  | 
| 4 |  | under subsection (g) of Section 6 of Article VII of the  | 
| 5 |  | Illinois Constitution on the concurrent exercise by home rule  | 
| 6 |  | units of powers and functions exercised by the State. | 
| 7 |  |  (f) The provisions of this Section are severable under  | 
| 8 |  | Section 1.31 of the Statute on Statutes.  | 
| 9 |  | (Source: P.A. 94-496, eff. 1-1-06; 95-214, eff. 8-16-07.)
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| 10 |  |  (55 ILCS 5/5-1097.7)
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| 11 |  |  Sec. 5-1097.7. Local ordinances to regulate adult  | 
| 12 |  | entertainment facilities and obscenity. | 
| 13 |  |  (a) Definitions. In this Act: | 
| 14 |  |  "Specified anatomical area" means human genitals or pubic  | 
| 15 |  | region, buttocks, anus, or the female breast below a point  | 
| 16 |  | immediately above the top the areola that is less than  | 
| 17 |  | completely or opaquely covered, or human male genitals in a  | 
| 18 |  | discernibly turgid state even if completely or opaquely  | 
| 19 |  | covered. | 
| 20 |  |  "Specified sexual activities" means (i) human genitals in a  | 
| 21 |  | state of sexual stimulation or excitement; (ii) acts of human  | 
| 22 |  | masturbation, sexual intercourse, fellatio, or sodomy; (iii)  | 
| 23 |  | fondling, kissing, or erotic touching of specified anatomical  | 
| 24 |  | areas; (iv) flagellation or torture in the context of a sexual  | 
| 25 |  | relationship; (v) masochism, erotic or sexually oriented  | 
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| 1 |  | torture, beating, or the infliction of pain; (vi) erotic  | 
| 2 |  | touching, fondling, or other such contact with an animal by a  | 
| 3 |  | human being; or (vii) human excretion, urination,  | 
| 4 |  | menstruation, or vaginal or anal irrigation as part of or in  | 
| 5 |  | connection with any of the activities set forth in items (i)  | 
| 6 |  | through (vi). | 
| 7 |  |  (b) Ordinance to regulate adult entertainment facilities.  | 
| 8 |  | A county may adopt by
ordinance reasonable regulations  | 
| 9 |  | concerning the operation of any business: (i) defined as
an  | 
| 10 |  | adult entertainment facility in Section 5-1097.5 of this Act or  | 
| 11 |  | (ii) that offers or
provides activities by employees, agents,  | 
| 12 |  | or contractors of the business that involve
exposure of  | 
| 13 |  | specified anatomical areas or performance of specified sexual  | 
| 14 |  | activities in
view of any patron, client, or customer of the  | 
| 15 |  | business. A county ordinance may also
prohibit the sale,  | 
| 16 |  | dissemination, display, exhibition, or distribution of obscene  | 
| 17 |  | materials
or conduct. | 
| 18 |  |  (c) A county adopting an ordinance to regulate adult  | 
| 19 |  | entertainment facilities may
authorize the State's Attorney to  | 
| 20 |  | institute a civil action to restrain violations of that
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| 21 |  | ordinance. In that proceeding, the court shall enter such  | 
| 22 |  | orders as it considers necessary to abate the violation and to  | 
| 23 |  | prevent the violation from continuing or from being renewed
in  | 
| 24 |  | the future. In addition to any injunctive relief granted by the  | 
| 25 |  | court, an ordinance may
further authorize the court to assess  | 
| 26 |  | fines of up to $1,000 per day for each violation of the
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| 1 |  | ordinance, with each day in violation constituting a new and  | 
| 2 |  | separate offense.
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| 3 |  |  (d) A home rule unit may not enact an ordinance, rule, or  | 
| 4 |  | otherwise allow an adult entertainment facility to operate in a  | 
| 5 |  | manner inconsistent with this Section or subsection (e) of  | 
| 6 |  | Section 5-1097.5 of this Code. This Section is a limitation  | 
| 7 |  | under subsection (g) of Section 6 of Article VII of the  | 
| 8 |  | Illinois Constitution on the concurrent exercise by home rule  | 
| 9 |  | units of powers and functions exercised by the State. | 
| 10 |  |  (e) The provisions of this Section are severable under  | 
| 11 |  | Section 1.31 of the Statute on Statutes. 
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| 12 |  | (Source: P.A. 94-496, eff. 1-1-06.)
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| 13 |  |  Section 10. The Illinois Municipal Code is amended by  | 
| 14 |  | changing Section 11-5-1.5 as follows:
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| 15 |  |  (65 ILCS 5/11-5-1.5)
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| 16 |  |  Sec. 11-5-1.5. Adult entertainment facility.  | 
| 17 |  |  (a) It is the intent of the General Assembly through this  | 
| 18 |  | Section to control the negative secondary effects associated  | 
| 19 |  | with the operation of adult entertainment facilities,  | 
| 20 |  | including, but not limited to, negative impacts on surrounding  | 
| 21 |  | properties, personal and property crimes, and vice activities,  | 
| 22 |  | and to restrict the proximity of adult entertainment facilities  | 
| 23 |  | near places where children and families are actively present,  | 
| 24 |  | 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 a municipality to locate an  | 
| 6 |  | adult entertainment
facility within 1,000 feet of the property
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| 7 |  | boundaries of any school, day care center, cemetery, public  | 
| 8 |  | park, forest
preserve, public
housing, and place of religious
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| 9 |  | worship, except that in a county with a population of more than  | 
| 10 |  | 800,000 and less than 2,000,000 inhabitants, it is prohibited  | 
| 11 |  | to locate, construct, or operate a new adult entertainment  | 
| 12 |  | facility within one mile of the property boundaries of any  | 
| 13 |  | school, day care center, cemetery, public park, forest  | 
| 14 |  | preserve, public housing, or place of religious worship located  | 
| 15 |  | anywhere within that county. Notwithstanding any other  | 
| 16 |  | requirements of this Section, it is also prohibited to locate,  | 
| 17 |  | construct, or operate a new adult entertainment facility within  | 
| 18 |  | one mile of the property boundaries of any school, day care  | 
| 19 |  | center, cemetery, public park, forest preserve, public  | 
| 20 |  | housing, or place of religious worship located in that area of  | 
| 21 |  | Cook County outside of the City of Chicago. These provisions  | 
| 22 |  | requiring a one-mile separation shall not be enforced if  | 
| 23 |  | enforcement would fail to allow adult entertainment facilities  | 
| 24 |  | reasonable alternative avenues of communication. 
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| 25 |  |  (c) For the purposes of this Section, "adult entertainment  | 
| 26 |  | facility" means
(i) a movie theater, lounge, nightclub, bar,  | 
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| 1 |  | juice bar, or similar commercial establishment that regularly  | 
| 2 |  | features a striptease club or pornographic movie theatre
whose  | 
| 3 |  | business is the commercial
sale, dissemination, or  | 
| 4 |  | distribution of sexually explicit material,
shows, or other
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| 5 |  | exhibitions characterized by an emphasis on the display of  | 
| 6 |  | specified anatomical areas or specified sexual activities,
or  | 
| 7 |  | (ii) a store whose primary business is the commercial sale,  | 
| 8 |  | dissemination, or distribution of materials, shows or other  | 
| 9 |  | exhibitions characterized by an emphasis on the display of  | 
| 10 |  | specified anatomical areas or specified sexual activities, or  | 
| 11 |  | devices, other than devices designed to prevent pregnancy or  | 
| 12 |  | sexually transmitted diseases, that are designed for use during  | 
| 13 |  | specified sexual activities. As used in this subsection (c),  | 
| 14 |  | "specified anatomical areas" and "specified sexual activities"  | 
| 15 |  | shall have the meanings given to those terms in Section  | 
| 16 |  | 5-1097.7 of the Counties Code an adult bookstore or adult video  | 
| 17 |  | store in which 25% or more of its stock-in-trade, books,  | 
| 18 |  | magazines, and films for sale, exhibition, or viewing  | 
| 19 |  | on-premises are sexually explicit material. | 
| 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 under Section 11-13-15 of this  | 
| 25 |  | Code to enjoin a zoning violation may bring an action to enjoin  | 
| 26 |  | a violation of this Section, and may obtain the remedies set  | 
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| 1 |  | forth in Section 11-13-15 of this Code. In any enforcement  | 
| 2 |  | proceeding, the court shall determine whether a violation has  | 
| 3 |  | been committed and shall enter such orders as it considers  | 
| 4 |  | necessary to remove the effect of any violation and to prevent  | 
| 5 |  | the violation from continuing or from being renewed in the  | 
| 6 |  | future. | 
| 7 |  |  (e) A home rule unit may not enact an ordinance, rule, or  | 
| 8 |  | otherwise allow an adult entertainment facility to operate in a  | 
| 9 |  | manner inconsistent with this Section, except that a home rule  | 
| 10 |  | unit may lessen the required distance between an adult  | 
| 11 |  | entertainment facility and any other land use listed in  | 
| 12 |  | subsection (b) of this Section to not less than 250 feet from  | 
| 13 |  | the home rule unit's boundary. This Section is a limitation  | 
| 14 |  | under subsection (g) 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 |  |  (f) The provisions of this Section are severable under  | 
| 18 |  | Section 1.31 of the Statute on Statutes. 
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| 19 |  | (Source: P.A. 95-47, eff. 1-1-08; 95-214, eff. 8-16-07; 95-876,  | 
| 20 |  | eff. 8-21-08.)
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| 21 |  |  Section 99. Effective date. This Act takes effect upon  | 
| 22 |  | becoming law. 
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