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

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Bill Title: Amends the Counties Code. Provides that a non-home rule county with a population of at least 900,000 may adopt an ordinance with reasonable regulations concerning the operation of an adult entertainment facility in unincorporated areas of the county 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. Provides if the 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 code hearing unit of non-home rule counties with a population of at least 900,000 to enforce and prosecute violations of the adult entertainment facilities ordinance through its administrative adjudication program.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0405 [SB1580 Detail]

Download: Illinois-2019-SB1580-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1580 Introduced 2/15/2019, by Sen. John F. Curran SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-1097.7
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.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing Section
5-1097.7 as follows:
(55 ILCS 5/5-1097.7)
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

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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 involves involve
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 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) Administrative review. 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. 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 Section.

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(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. A county having a code
hearing unit established under Division 5-41 or Division 5-43
of this Code may enforce and prosecute violations of the
ordinance through its administrative adjudication program.
(Source: P.A. 94-496, eff. 1-1-06.)