Bill Text: IL SB3513 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Counties Code. In provisions allowing a non-home rule county to adopt an ordinance with reasonable regulations concerning the operation of specified adult entertainment facilities or businesses in unincorporated areas of the county, removes a restriction limiting the provisions to non-home rule counties with a population of at least 900,000. Makes a grammatical change. Effective January 1, 2021.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3513 Detail]

Download: Illinois-2019-SB3513-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3513 Introduced 2/13/2020, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-1097.7
Amends the Counties Code. In provisions allowing a non-home rule county to adopt an ordinance with reasonable regulations concerning the operation of specified adult entertainment facilities or businesses in unincorporated areas of the county, removes a restriction limiting the provisions to non-home rule counties with a population of at least 900,000. Makes a grammatical change. Effective January 1, 2021.
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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)
(Text of Section before amendment by P.A. 101-405)
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

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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.
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. 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.

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(Source: P.A. 94-496, eff. 1-1-06.)
(Text of Section after amendment by P.A. 101-405)
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
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 county may adopt by

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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
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 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

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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
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. 101-405, eff. 1-1-20.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes

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made by this Act or (ii) provisions derived from any other
Public Act.