Bill Text: IL SB1580 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Counties Code. Provides that a county may adopt an ordinance with reasonable regulations concerning the operation of any business that involves exposure of specified anatomical areas or performance of specified sexual activities by a person within the business' premises or that offers or provides sexually-oriented entertainment services or activities (rather than 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). Provides if a county has established a licensing program as part of its regulation of adult entertainment facilities, the findings, decision, and orders of the licensing official or licensing body is subject to review in the circuit court of the county and that the Administrative Review Law apply to and govern the judicial review. Allows a county having a code hearing unit to enforce and prosecute violations of the adult entertainment facilities ordinance through its administrative adjudication program.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2019-06-21 - Sent to the Governor [SB1580 Detail]

Download: Illinois-2019-SB1580-Enrolled.html



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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing Section
55-1097.7 as follows:
6 (55 ILCS 5/5-1097.7)
7 Sec. 5-1097.7. Local ordinances to regulate adult
8entertainment facilities and obscenity.
9 (a) Definitions. In this Act:
10 "Specified anatomical area" means human genitals or pubic
11region, buttocks, anus, or the female breast below a point
12immediately above the top the areola that is less than
13completely or opaquely covered, or human male genitals in a
14discernibly turgid state even if completely or opaquely
15covered.
16 "Specified sexual activities" means (i) human genitals in a
17state of sexual stimulation or excitement; (ii) acts of human
18masturbation, sexual intercourse, fellatio, or sodomy; (iii)
19fondling, kissing, or erotic touching of specified anatomical
20areas; (iv) flagellation or torture in the context of a sexual
21relationship; (v) masochism, erotic or sexually oriented
22torture, beating, or the infliction of pain; (vi) erotic
23touching, fondling, or other such contact with an animal by a

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1human being; or (vii) human excretion, urination,
2menstruation, or vaginal or anal irrigation as part of or in
3connection with any of the activities set forth in items (i)
4through (vi).
5 (b) Ordinance to regulate adult entertainment facilities.
6Except as provided under subsection (c), a A county may adopt
7by ordinance reasonable regulations concerning the operation
8of any business: (i) defined as an adult entertainment facility
9in Section 5-1097.5 of this Act or (ii) that offers or provides
10activities by employees, agents, or contractors of the business
11that involve exposure of specified anatomical areas or
12performance of specified sexual activities in view of any
13patron, client, or customer of the business. A county ordinance
14may also prohibit the sale, dissemination, display,
15exhibition, or distribution of obscene materials or conduct.
16 (c) Specified counties. A non-home rule county with a
17population of at least 900,000 may adopt, by ordinance,
18reasonable regulations concerning the operation of a business
19in unincorporated areas of the county: (i) defined as an adult
20entertainment facility in Section 5-1097.5 of this Act; (ii)
21that involves exposure of specified anatomical areas or
22performance of specified sexual activities by a person within
23the business' premises; or (iii) that offers or provides
24sexually-oriented entertainment services or activities. The
25ordinance may also prohibit the sale, dissemination, display,
26exhibition, or distribution of obscene materials or conduct.

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1 If the county has established a licensing program as part
2of its regulation of adult entertainment facilities under this
3subsection, the findings, decision, and orders of the licensing
4official or licensing body is subject to review in the Circuit
5Court of the county. The Administrative Review Law and the
6rules adopted under the Administrative Review Law apply to and
7govern the judicial review of the final findings, decision, and
8order of the licensing official or licensing body under this
9subsection.
10 (d) Civil actions. A county adopting an ordinance to
11regulate adult entertainment facilities may authorize the
12State's Attorney to institute a civil action to restrain
13violations of that ordinance. In that proceeding, the court
14shall enter such orders as it considers necessary to abate the
15violation and to prevent the violation from continuing or from
16being renewed in the future. In addition to any injunctive
17relief granted by the court, an ordinance may further authorize
18the court to assess fines of up to $1,000 per day for each
19violation of the ordinance, with each day in violation
20constituting a new and separate offense. If a non-home rule
21county with a population of at least 900,000 has a code hearing
22unit established under Division 5-41 or Division 5-43 of this
23Code, then the county may enforce and prosecute violations of
24the ordinance through its administrative adjudication program.
25(Source: P.A. 94-496, eff. 1-1-06.)
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