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

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: COUNTIES-ADULT ENTERTAINMENT

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

Download: Illinois-2019-SB1580-Senate_Amendment_001.html

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Sen. John F. Curran

Filed: 4/5/2019

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AMENDMENT TO SENATE BILL 1580
AMENDMENT NO. ______. Amend Senate Bill 1580 by replacing
everything after the enacting clause with the following:
"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

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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.
Except as provided under subsection (c), a 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.
(c) Specified counties. A non-home rule county with a
population of at least 900,000 may adopt, by ordinance,
reasonable regulations concerning the operation of a business
in unincorporated areas of the county: (i) defined as an adult

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entertainment facility in Section 5-1097.5 of this Act; (ii)
that involves 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. The
ordinance may also prohibit the sale, dissemination, display,
exhibition, or distribution of obscene materials or conduct.
If the county has established a licensing program as part
of its regulation of adult entertainment facilities under this
subsection, 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
subsection.
(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

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constituting a new and separate offense. If a non-home rule
county with a population of at least 900,000 has a code hearing
unit established under Division 5-41 or Division 5-43 of this
Code, then the county may enforce and prosecute violations of
the ordinance through its administrative adjudication program.
(Source: P.A. 94-496, eff. 1-1-06.)".