Springfield, IL…. Filed by Representative McDermed (R-Mokena), House Bill 3983 passed out of House today with a vote of 68-23-3. HB3983 would make clear the state’s rules concerning where adult entertainment facilities can be located with regard to other sensitive buildings.
“Right now state law permits some municipalities to locate an adult entertainment facility right next to a church, school, park or day care center in the town next door” said Rep McDermed. “I wanted to make sure all our towns have to be good neighbors.
Currently, the statues in the Municipal Code and Counties Code concerning the location of adult entertainment facilities implicate complex constitutional issues. Over the years the statutes have been amended to address particular facilities without providing a clear state policy. Rep. McDermed’s legislation is an effort to clarify and modernize these statutes. It declares the General Assembly’s intent to control the negative secondary effects of these facilities. It protects that intent with a severability clause for each provision within the statute, and even protects such facilities from separations when the enforcement would not provide a reasonable alternative.
To further the state’s intent to mitigate any potential negative secondary effects of such facilities, it establishes a minimum separation of 250 feet between the location of an adult entertainment facility and a home-rule unit’s boundary, protecting any neighboring communities that may have established a stricter standard.
“This isn’t meant to violate any First Amendment rights” Rep. McDermed continued. “We just want to establish a state policy on such buffer zones.”
The bill now heads to Senate for consideration.