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Cheetah Enterprises, Inc. v. County of Lake

SEPTEMBER 24, 1974.

CHEETAH ENTERPRISES, INC., PLAINTIFF-APPELLANT,

v.

THE COUNTY OF LAKE ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of Lake County; the Hon. FRED H. GEIGER, Judge, presiding.

MR. JUSTICE SEIDENFELD DELIVERED THE OPINION OF THE COURT:

The plaintiff operates a tavern and night club known as Cheetah II in unincorporated territory of Lake County, Illinois. Its entertainment features nude dancing.

The defendant, the County Board of Lake County, passed a resolution amending its liquor control ordinance, renumbering the former section 30 thereof as section 31 and inserting new material as section 30. The ordinance provides:

"NOW, THEREFORE, BE IT RESOLVED, by this County Board of Lake County, Illinois, that the Lake County Liquor Control Ordinance adopted by the Board of Supervisors October 10, 1961, as amended, be and it is further amended, as follows:

SECTION 30 — Delete `30' and insert `31'.

Insert SECTION 30, to read as follows:

`The following kinds of conduct on premises in this County licensed to sell alcoholic liquor, are prohibited:

(1) The performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.

(2) The actual or simulated touching, caressing or fondling on the breast, buttocks, anus, or genitals.

(3) The actual or simulated displaying of the breasts, pubic hair, anus, vulva or genitals.

(4) The permitting by a license of any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus.

(5) The displaying of films or pictures depicting acts, a live performance of which was prohibited by the regulations quoted above.'

DATED, at Waukegan, Lake County, Illinois, on this 13th day of February, A.D., 1973."

The plaintiff filed an action for a declaratory judgment, seeking to have the resolution declared void. The County filed a motion to dismiss the complaint which was granted, with the trial court making extensive and specific findings in its order of dismissal. Plaintiff appeals, contending that the resolution was beyond the powers delegated to the County by the State of Illinois. Alternatively, it contends that if the resolution is held to be within the authority of the County, it is unconstitutional under the 1st and 14th amendments to the United States ...


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