| ||||
Public Act 099-0046 | ||||
| ||||
| ||||
AN ACT concerning liquor.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The Liquor Control Act of 1934 is amended by | ||||
changing Sections 1-2, 1-3.25, 3-14, 4-1, 6-11, 6-27.1, 6-28, | ||||
and 6-31 and by adding Sections 6-22.5, 6-27.5, and 6-28.5 as | ||||
follows:
| ||||
(235 ILCS 5/1-2) (from Ch. 43, par. 94)
| ||||
Sec. 1-2.
This Act shall be liberally construed, to the end
| ||||
that the health,
safety , and welfare of the People of the State | ||||
of Illinois shall be
protected and temperance in the | ||||
consumption of alcoholic liquors shall be
fostered and promoted | ||||
by sound and careful control and regulation of the
manufacture, | ||||
sale , and distribution of alcoholic liquors. The State | ||||
Commission may not enforce any trade practice policy or other | ||||
rule that was not adopted in accordance with the Illinois | ||||
Administrative Procedure Act.
| ||||
(Source: P.A. 82-783.)
| ||||
(235 ILCS 5/1-3.25) (from Ch. 43, par. 95.25)
| ||||
Sec. 1-3.25.
"Hotel" means every building or other | ||||
structure kept, used,
maintained, advertised and held out to | ||||
the public to be a place where food
is actually served and |
consumed and sleeping accommodations are offered for
adequate | ||
pay to travelers and guests, whether transient, permanent or
| ||
residential, in which twenty-five (25) or more rooms are used | ||
for the
sleeping accommodations of such guests and having one | ||
or more public dining
rooms where meals are served to such | ||
guests, such sleeping accommodations
and dining rooms being | ||
conducted in the same building or buildings in
connection | ||
therewith and such building or buildings, structure or
| ||
structures being provided with adequate and sanitary kitchen | ||
and dining
room equipment and capacity. All public dining | ||
rooms, banquet rooms, meeting rooms, room service areas, | ||
mini-bars, and other locations within or adjacent to a hotel in | ||
which alcoholic liquors are stored, offered for sale, or sold | ||
at retail shall be considered part of the hotel's licensed | ||
premises if those locations within or adjacent to the hotel are | ||
owned and managed by the hotel operator. As part of the hotel's | ||
licensed premises, each and all of those locations within or | ||
adjacent to the hotel shall be maintained and managed pursuant | ||
to a single retailer's license issued by the State Commission | ||
to the hotel operator, regardless of the number of local | ||
retailer licenses mandated by the local unit of government | ||
having jurisdiction over the hotel. Public dining rooms and | ||
other locations within or adjacent to a hotel that are owned or | ||
managed by a person other than the hotel operator and are | ||
licensed by the local unit of government having jurisdiction | ||
over the hotel to a person other than the hotel operator are |
not considered part of the hotel's licensed premises for | ||
purposes of this Act and, as such, must be maintained and | ||
operated under separate retailer's licenses.
| ||
(Source: P.A. 82-783.)
| ||
(235 ILCS 5/3-14) (from Ch. 43, par. 109)
| ||
Sec. 3-14. Issuance of license by Commission. Nothing | ||
contained in this
Act shall, however, be construed to
permit | ||
the State Commission to issue any license, other than
| ||
manufacturer's, foreign importer's, importing distributor's, | ||
non-resident
dealer's, and
distributor's, broker's and | ||
non-beverage user's license for any premises in any
prohibited | ||
territory, or to issue any license other than manufacturer's,
| ||
foreign importer's, importing distributor's, non-resident | ||
dealer's,
distributor's,
railroad's,
airplane's, boat's, or | ||
broker's license, auction liquor license, or
non-beverage
| ||
user's license, unless the
person applying for such license | ||
shall have obtained a local license for
the same premises. For | ||
purposes of this Section and only in regards to a hotel, the | ||
local license issued for the same premises may include multiple | ||
local licenses issued to a hotel operator for various portions | ||
of the hotel building, structure, or adjacent property owned | ||
and managed by the hotel operator in which alcoholic liquors | ||
may be stored, offered for sale, and sold; however, all of | ||
those portions of the hotel building, structure, or adjacent | ||
property shall be considered the hotel premises for purposes of |
the issuance of a retailer's license by the State Commission. | ||
When such person has obtained a local license and has
made | ||
application to the State Commission in conformity with this Act | ||
and
paid the license fee provided, it shall be the duty of the | ||
State Commission
to issue a retailer's license to him; | ||
provided, however, that the State
Commission may refuse the | ||
issuance or renewal of a retailer's license, upon
notice and | ||
after hearing, upon the grounds authorized in Section 6-3
of | ||
this Act, and, provided further, that the issuance of such
| ||
license shall not prejudice the State Commission's action in | ||
subsequently
suspending or revoking such license if it is | ||
determined by the State
Commission, upon notice and after | ||
hearing, that the licensee has, within
the same or the | ||
preceding license period, violated any provision of this
Act or | ||
any rule or regulation issued pursuant thereto and in effect | ||
for 30
days prior to such violation.
The Commission may also | ||
refuse to renew a license if the licensee has failed
to pay an | ||
offer in compromise, pre-disciplinary settlement, or a fine | ||
imposed
by order.
| ||
(Source: P.A. 89-250, eff. 1-1-96.)
| ||
(235 ILCS 5/4-1) (from Ch. 43, par. 110)
| ||
Sec. 4-1.
In every city, village or incorporated town, the | ||
city council or
president and board of trustees, and in | ||
counties in respect of territory
outside the limits of any such | ||
city, village or incorporated town the
county board shall have |
the power by general ordinance or resolution to
determine the | ||
number, kind and classification of licenses, for sale at
retail | ||
of alcoholic liquor not inconsistent with this Act and the | ||
amount
of the local licensee fees to be paid for the various | ||
kinds of licenses to
be issued in their political subdivision, | ||
except those issued to the
specific non-beverage users exempt | ||
from payment of license fees under
Section 5-3 which shall be | ||
issued without payment of
any local license fees, and the | ||
manner of distribution of such fees after
their collection; to | ||
regulate or prohibit the presence of persons under
the age of | ||
21 on the premises of licensed retail establishments of various
| ||
kinds and classifications where alcoholic liquor is drawn, | ||
poured, mixed or
otherwise served for consumption on the | ||
premises; to prohibit any minor
from drawing, pouring, or | ||
mixing any alcoholic
liquor as an employee of any retail | ||
licensee; and to prohibit any minor
from at any time attending | ||
any bar and from drawing, pouring or mixing any
alcoholic | ||
liquor in any licensed retail premises; and to establish such
| ||
further regulations and restrictions upon the issuance of and | ||
operations
under local licenses not inconsistent with law as | ||
the public good and
convenience may require; and to provide | ||
penalties for the violation of
regulations and restrictions, | ||
including those made by county boards,
relative to operation | ||
under local licenses; provided, however, that in the
exercise | ||
of any of the powers granted in this section, the issuance of | ||
such
licenses shall not be prohibited except for reasons |
specifically enumerated
in Sections 6-2, 6-11, 6-12 and 6-25 of | ||
this Act.
| ||
However, in any municipality with a population exceeding | ||
1,000,000 that
has adopted the form of government authorized | ||
under "An Act concerning cities,
villages, and incorporated | ||
towns, and to repeal certain Acts herein named",
approved | ||
August 15, 1941, as amended, no person shall be granted any | ||
license
or privilege to sell alcoholic liquors between the | ||
hours of two o'clock
a.m. and seven o'clock a.m. on week days | ||
nor between the hours of three
o'clock a.m. and twelve o'clock | ||
noon on Sundays unless such person has given
at least 14 days | ||
prior written notice to the alderman of the ward in which
such | ||
person's licensed premises are located stating his intention to | ||
make
application for such license or privilege and unless | ||
evidence confirming
service of such written notice is included
| ||
in such application. Any license or privilege granted in | ||
violation of this
paragraph shall be null and void.
| ||
(Source: P.A. 85-156.)
| ||
(235 ILCS 5/6-11)
| ||
Sec. 6-11. Sale near churches, schools, and hospitals.
| ||
(a) No license shall be issued for the sale at retail of | ||
any
alcoholic liquor within 100 feet of any church, school | ||
other than an
institution of higher learning, hospital, home | ||
for aged or indigent
persons or for veterans, their spouses or | ||
children or any military or
naval station, provided, that this |
prohibition shall not apply to hotels
offering restaurant | ||
service, regularly organized clubs, or to
restaurants, food | ||
shops or other places where sale of alcoholic liquors
is not | ||
the principal business carried on if the place of business so
| ||
exempted is not located in a municipality of more than 500,000 | ||
persons,
unless required by local ordinance; nor to the renewal | ||
of a license for the
sale at retail of alcoholic liquor on | ||
premises within 100 feet of any church
or school where the | ||
church or school has been established within such
100 feet | ||
since the issuance of the original license. In the case of a
| ||
church, the distance of 100 feet shall be measured to the | ||
nearest part
of any building used for worship services or | ||
educational programs and
not to property boundaries.
| ||
(a-5) Notwithstanding any provision of this Section to the | ||
contrary, a local liquor control commissioner may grant an | ||
exemption to the prohibition in subsection (a) of this Section | ||
if a local rule or ordinance authorizes the local liquor | ||
control commissioner to grant that exemption. | ||
(b) Nothing in this Section shall prohibit the issuance of | ||
a retail
license
authorizing the sale of alcoholic liquor to a | ||
restaurant, the primary business
of which is the sale of goods | ||
baked on the premises if (i) the restaurant is
newly | ||
constructed and located on a lot of not less than 10,000 square | ||
feet,
(ii) the restaurant costs at least $1,000,000 to | ||
construct, (iii) the licensee
is the titleholder to the | ||
premises and resides on the premises, and (iv) the
construction |
of the restaurant is completed within 18 months of the | ||
effective
date of this amendatory Act of 1998.
| ||
(c) Nothing in this Section shall prohibit the issuance of | ||
a retail
license
authorizing the sale of alcoholic liquor | ||
incidental to a restaurant if (1) the
primary
business of the | ||
restaurant consists of the sale of food where the sale of
| ||
liquor is incidental to the sale of food and the applicant is a | ||
completely new
owner of the restaurant, (2) the immediately
| ||
prior owner or operator of the premises where the restaurant is | ||
located
operated the premises as a restaurant and held a valid | ||
retail license
authorizing the
sale of alcoholic liquor at the | ||
restaurant for at least part of the 24 months
before the
change | ||
of ownership, and (3) the restaurant is located 75 or more feet | ||
from a
school.
| ||
(d) In the interest of further developing Illinois' economy | ||
in the area
of
commerce, tourism, convention, and banquet | ||
business, nothing in this
Section shall
prohibit issuance of a | ||
retail license authorizing the sale of alcoholic
beverages to a | ||
restaurant, banquet facility, grocery store, or hotel having
| ||
not fewer than
150 guest room accommodations located in a | ||
municipality of more than 500,000
persons, notwithstanding the | ||
proximity of such hotel, restaurant,
banquet facility, or | ||
grocery store to any church or school, if the licensed
premises
| ||
described on the license are located within an enclosed mall or | ||
building of a
height of at least 6 stories, or 60 feet in the | ||
case of a building that has
been registered as a national |
landmark, or in a grocery store having a
minimum of 56,010 | ||
square feet of floor space in a single story building in an
| ||
open mall of at least 3.96 acres that is adjacent to a public | ||
school that
opened as a boys technical high school in 1934, or | ||
in a grocery store having a minimum of 31,000 square feet of | ||
floor space in a single story building located a distance of | ||
more than 90 feet but less than 100 feet from a high school | ||
that opened in 1928 as a junior high school and became a senior | ||
high school in 1933, and in each of these
cases if the sale of
| ||
alcoholic liquors is not the principal business carried on by | ||
the licensee.
| ||
For purposes of this Section, a "banquet facility" is any | ||
part of a
building that caters to private parties and where the | ||
sale of alcoholic liquors
is not the principal business.
| ||
(e) Nothing in this Section shall prohibit the issuance of | ||
a license to
a
church or private school to sell at retail | ||
alcoholic liquor if any such
sales are limited to periods when | ||
groups are assembled on the premises
solely for the promotion | ||
of some common object other than the sale or
consumption of | ||
alcoholic liquors.
| ||
(f) Nothing in this Section shall prohibit a church or | ||
church affiliated
school
located in a home rule municipality or | ||
in a municipality with 75,000 or more
inhabitants from locating
| ||
within 100 feet of a property for which there is a preexisting | ||
license to sell
alcoholic liquor at retail. In these instances, | ||
the local zoning authority
may, by ordinance adopted |
simultaneously with the granting of an initial
special use | ||
zoning permit for the church or church affiliated school, | ||
provide
that the 100-foot restriction in this Section shall not | ||
apply to that church or
church affiliated school and future | ||
retail liquor licenses.
| ||
(g) Nothing in this Section shall prohibit the issuance of | ||
a retail
license authorizing the sale of alcoholic liquor at | ||
premises within 100 feet,
but not less than 90 feet, of a | ||
public school if (1) the premises have been
continuously | ||
licensed to sell alcoholic liquor
for a period of at least 50 | ||
years,
(2) the premises are located in a municipality having a | ||
population of over
500,000 inhabitants, (3) the licensee is an | ||
individual who is a member of a
family that has held the | ||
previous 3 licenses for that location for more than 25
years, | ||
(4) the
principal of the school and the alderman of the ward in | ||
which the school is
located have delivered a written statement | ||
to the local liquor control
commissioner stating that they do | ||
not object to the issuance of a license
under this subsection | ||
(g), and (5) the local liquor control commissioner has
received | ||
the written consent of a majority of the registered voters who | ||
live
within 200 feet of the premises.
| ||
(h) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within premises and at an outdoor patio area attached to | ||
premises that are located in a municipality with a population |
in excess of 300,000 inhabitants and that are within 100 feet | ||
of a church if:
| ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food,
| ||
(2) the sale of liquor is not the principal business | ||
carried on by the licensee at the premises, | ||
(3) the premises are less than 1,000 square feet, | ||
(4) the premises are owned by the University of | ||
Illinois, | ||
(5) the premises are immediately adjacent to property | ||
owned by a church and are not less than 20 nor more than 40 | ||
feet from the church space used for worship services, and | ||
(6) the principal religious leader at the place of | ||
worship has indicated his or her support for the issuance | ||
of the license in writing.
| ||
(i) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license to sell alcoholic liquor at a premises | ||
that is located within a municipality with a population in | ||
excess of 300,000 inhabitants and is within 100 feet of a | ||
church, synagogue, or other place of worship if: | ||
(1) the primary entrance of the premises and the | ||
primary entrance of the church, synagogue, or other place | ||
of worship are at least 100 feet apart, on parallel | ||
streets, and separated by an alley; and | ||
(2) the principal religious leader at the place of |
worship has not indicated his or her opposition to the | ||
issuance or renewal of the license in writing. | ||
(j) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
of a retail
license authorizing the sale of alcoholic liquor at | ||
a theater that is within 100 feet of a church if (1) the church | ||
owns the theater, (2) the church leases the theater to one or | ||
more entities, and
(3) the theater is used by at least 5 | ||
different not-for-profit theater groups. | ||
(k) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and is within | ||
100 feet of a school if:
| ||
(1) the primary entrance of the premises and the | ||
primary entrance of the school are parallel, on different | ||
streets, and separated by an alley; | ||
(2) the southeast corner of the premises are at least | ||
350 feet from the southwest corner of the school; | ||
(3) the school was built in 1978; | ||
(4) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(5) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(6) the applicant is the owner of the restaurant and |
has held a valid license authorizing the sale of alcoholic | ||
liquor for the business to be conducted on the premises at | ||
a different location for more than 7 years; and | ||
(7) the premises is at least 2,300 square feet and sits | ||
on a lot that is between 6,100 and 6,150 square feet. | ||
(l) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and is within | ||
100 feet of a church or school if: | ||
(1) the primary entrance of the premises and the | ||
closest entrance of the church or school is at least 90 | ||
feet apart and no greater than 95 feet apart; | ||
(2) the shortest distance between the premises and the | ||
church or school is at least 80 feet apart and no greater | ||
than 85 feet apart; | ||
(3) the applicant is the owner of the restaurant and on | ||
November 15, 2006 held a valid license authorizing the sale | ||
of alcoholic liquor for the business to be conducted on the | ||
premises for at least 14 different locations; | ||
(4) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(5) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(6) the premises is at least 3,200 square feet and sits |
on a lot that is between 7,150 and 7,200 square feet; and | ||
(7) the principal religious leader at the place of | ||
worship has not indicated his or her opposition to the | ||
issuance or renewal of the license in writing.
| ||
(m) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and is within | ||
100 feet of a church if: | ||
(1) the premises and the church are perpendicular, and | ||
the primary entrance of the premises faces South while the | ||
primary entrance of the church faces West and the distance | ||
between the two entrances is more than 100 feet; | ||
(2) the shortest distance between the premises lot line | ||
and the exterior wall of the church is at least 80 feet; | ||
(3) the church was established at the current location | ||
in 1916 and the present structure was erected in 1925; | ||
(4) the premises is a single story, single use building | ||
with at least 1,750 square feet and no more than 2,000 | ||
square feet; | ||
(5) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(6) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; and | ||
(7) the principal religious leader at the place of |
worship has not indicated his or her opposition to the | ||
issuance or renewal of the license in writing. | ||
(n) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and is within | ||
100 feet of a school if: | ||
(1) the school is a City of Chicago School District 299 | ||
school; | ||
(2) the school is located within subarea E of City of | ||
Chicago Residential Business Planned Development Number | ||
70; | ||
(3) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee on the premises; | ||
(4) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; and | ||
(5) the administration of City of Chicago School | ||
District 299 has expressed, in writing, its support for the | ||
issuance of the license. | ||
(o) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a retail license authorizing the sale of | ||
alcoholic liquor at a premises that is located within a | ||
municipality in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: |
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(3) the premises is located on a street that runs | ||
perpendicular to the street on which the church is located; | ||
(4) the primary entrance of the premises is at least | ||
100 feet from the primary entrance of the church; | ||
(5) the shortest distance between any part of the | ||
premises and any part of the church is at least 60 feet; | ||
(6) the premises is between 3,600 and 4,000 square feet | ||
and sits on a lot that is between 3,600 and 4,000 square | ||
feet; and | ||
(7) the premises was built in the year 1909. | ||
For purposes of this subsection (o), "premises" means a | ||
place of business together with a privately owned outdoor | ||
location that is adjacent to the place of business. | ||
(p) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the shortest distance between the backdoor of the | ||
premises, which is used as an emergency exit, and the | ||
church is at least 80 feet; |
(2) the church was established at the current location | ||
in 1889; and | ||
(3) liquor has been sold on the premises since at least | ||
1985. | ||
(q) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a premises that is located in a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church-owned property if: | ||
(1) the premises is located within a larger building | ||
operated as a grocery store; | ||
(2) the area of the premises does not exceed 720 square | ||
feet and the area of the larger building exceeds 18,000 | ||
square feet; | ||
(3) the larger building containing the premises is | ||
within 100 feet of the nearest property line of a | ||
church-owned property on which a church-affiliated school | ||
is located; | ||
(4) the sale of liquor is not the principal business | ||
carried on within the larger building; | ||
(5) the primary entrance of the larger building and the | ||
premises and the primary entrance of the church-affiliated | ||
school are on different, parallel streets, and the distance | ||
between the 2 primary entrances is more than 100 feet; | ||
(6) the larger building is separated from the |
church-owned property and church-affiliated school by an | ||
alley; | ||
(7) the larger building containing the premises and the | ||
church building front are on perpendicular streets and are | ||
separated by a street; and | ||
(8) (Blank). | ||
(r) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance, | ||
renewal, or maintenance of a license authorizing the sale of | ||
alcoholic liquor incidental to the sale of food within a | ||
restaurant established in a premises that is located in a | ||
municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a church if: | ||
(1) the primary entrance of the church and the primary | ||
entrance of the restaurant are at least 100 feet apart; | ||
(2) the restaurant has operated on the ground floor and | ||
lower level of a multi-story, multi-use building for more | ||
than 40 years; | ||
(3) the primary business of the restaurant consists of | ||
the sale of food where the sale of liquor is incidental to | ||
the sale of food; | ||
(4) the sale of alcoholic liquor is conducted primarily | ||
in the below-grade level of the restaurant to which the | ||
only public access is by a staircase located inside the | ||
restaurant; and | ||
(5) the restaurant has held a license authorizing the |
sale of alcoholic liquor on the premises for more than 40 | ||
years. | ||
(s) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit renewal of a | ||
license authorizing the sale of alcoholic liquor at a premises | ||
that is located within a municipality with a population more | ||
than 5,000 and less than 10,000 and is within 100 feet of a | ||
church if: | ||
(1) the church was established at the location within | ||
100 feet of the premises after a license for the sale of | ||
alcoholic liquor at the premises was first issued; | ||
(2) a license for sale of alcoholic liquor at the | ||
premises was first issued before January 1, 2007; and | ||
(3) a license for the sale of alcoholic liquor on the | ||
premises has been continuously in effect since January 1, | ||
2007, except for interruptions between licenses of no more | ||
than 90 days. | ||
(t) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a
license authorizing the sale of alcoholic | ||
liquor
incidental to the sale of food within a restaurant that | ||
is established in a premises that is located in a municipality | ||
with a population in excess of 1,000,000 inhabitants and within | ||
100 feet of a school and a church if: | ||
(1) the restaurant is located inside a five-story | ||
building with over 16,800 square feet of commercial space; |
(2) the area of the premises does not exceed 31,050 | ||
square feet; | ||
(3) the area of the restaurant does not exceed 5,800 | ||
square feet; | ||
(4) the building has no less than 78 condominium units; | ||
(5) the construction of the building in which the | ||
restaurant is located was completed in 2006; | ||
(6) the building has 10 storefront properties, 3 of | ||
which are used for the restaurant; | ||
(7) the restaurant will open for business in 2010; | ||
(8) the building is north of the school and separated | ||
by an alley; and | ||
(9) the principal religious leader of the church and | ||
either the alderman of the ward in which the school is | ||
located or the principal of the school have delivered a | ||
written statement to the local liquor control commissioner | ||
stating that he or she does not object to the issuance of a | ||
license under this subsection (t). | ||
(u) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license to sell alcoholic liquor at a premises | ||
that is located within a municipality with a population in | ||
excess of 1,000,000 inhabitants and within 100 feet of a school | ||
if: | ||
(1) the premises operates as a restaurant and has been | ||
in operation since February 2008; |
(2) the applicant is the owner of the premises; | ||
(3) the sale of alcoholic liquor is incidental to the | ||
sale of food; | ||
(4) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee on the premises; | ||
(5) the premises occupy the first floor of a 3-story | ||
building that is at least 90 years old; | ||
(6) the rear lot of the school and the rear corner of | ||
the building that the premises occupy are separated by an | ||
alley; | ||
(7) the distance from the southwest corner of the | ||
property line of the school and the northeast corner of the | ||
building that the premises occupy is at least 16 feet, 5 | ||
inches; | ||
(8) the distance from the rear door of the premises to | ||
the southwest corner of the property line of the school is | ||
at least 93 feet; | ||
(9) the school is a City of Chicago School District 299 | ||
school; | ||
(10) the school's main structure was erected in 1902 | ||
and an addition was built to the main structure in 1959; | ||
and | ||
(11) the principal of the school and the alderman in | ||
whose district the premises are located have expressed, in | ||
writing, their support for the issuance of the license. | ||
(v) Notwithstanding any provision in this Section to the |
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and is within | ||
100 feet of a school if: | ||
(1) the total land area of the premises for which the | ||
license or renewal is sought is more than 600,000 square | ||
feet; | ||
(2) the premises for which the license or renewal is | ||
sought has more than 600 parking stalls; | ||
(3) the total area of all buildings on the premises for | ||
which the license or renewal is sought exceeds 140,000 | ||
square feet; | ||
(4) the property line of the premises for which the | ||
license or renewal is sought is separated from the property | ||
line of the school by a street; | ||
(5) the distance from the school's property line to the | ||
property line of the premises for which the license or | ||
renewal is sought is at least 60 feet; | ||
(6) as of the effective date of this amendatory Act of | ||
the 97th General Assembly, the premises for which the | ||
license or renewal is sought is located in the Illinois | ||
Medical District. | ||
(w) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license to sell alcoholic liquor at a premises |
that is located within a municipality with a population in | ||
excess of 1,000,000 inhabitants and within 100 feet of a church | ||
if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the sale of alcoholic liquor is not the principal
| ||
business carried on by the licensee at the premises; | ||
(3) the premises occupy the first floor and basement of | ||
a 2-story building that is 106 years old; | ||
(4) the premises is at least 7,000 square feet and | ||
located on a lot that is at least 11,000 square feet; | ||
(5) the premises is located directly west of the | ||
church, on perpendicular streets, and separated by an | ||
alley; | ||
(6) the distance between the
property line of the | ||
premises and the property line of the church is at least 20 | ||
feet; | ||
(7) the distance between the primary entrance of the | ||
premises and the primary entrance of the church is at least | ||
130 feet; and | ||
(8) the church has been at its location for at least 40 | ||
years. | ||
(x) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with |
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the church has been operating in its current | ||
location since 1973; | ||
(3) the premises has been operating in its current | ||
location since 1988; | ||
(4) the church and the premises are owned by the same | ||
parish; | ||
(5) the premises is used for cultural and educational | ||
purposes; | ||
(6) the primary entrance to the premises and the | ||
primary entrance to the church are located on the same | ||
street; | ||
(7) the principal religious leader of the church has | ||
indicated his support of the issuance of the license; | ||
(8) the premises is a 2-story building of approximately | ||
23,000 square feet; and | ||
(9) the premises houses a ballroom on its ground floor | ||
of approximately 5,000 square feet. | ||
(y) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 |
feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(3) according to the municipality, the distance | ||
between the east property line of the premises and the west | ||
property line of the school is 97.8 feet; | ||
(4) the school is a City of Chicago School District 299 | ||
school; | ||
(5) the school has been operating since 1959; | ||
(6) the primary entrance to the premises and the | ||
primary entrance to the school are located on the same | ||
street; | ||
(7) the street on which the entrances of the premises | ||
and the school are located is a major diagonal | ||
thoroughfare; | ||
(8) the premises is a single-story building of | ||
approximately 2,900 square feet; and | ||
(9) the premises is used for commercial purposes only. | ||
(z) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a mosque if: |
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors at | ||
the premises; | ||
(3) the licensee is a national retail chain having over | ||
100 locations within the municipality; | ||
(4) the licensee has over 8,000 locations nationwide; | ||
(5) the licensee has locations in all 50 states; | ||
(6) the premises is located in the North-East quadrant | ||
of the municipality; | ||
(7) the premises is a free-standing building that has | ||
"drive-through" pharmacy service; | ||
(8) the premises has approximately 14,490 square feet | ||
of retail space; | ||
(9) the premises has approximately 799 square feet of | ||
pharmacy space; | ||
(10) the premises is located on a major arterial street | ||
that runs east-west and accepts truck traffic; and | ||
(11) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(aa) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 |
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors at | ||
the premises; | ||
(3) the licensee is a national retail chain having over | ||
100 locations within the municipality; | ||
(4) the licensee has over 8,000 locations nationwide; | ||
(5) the licensee has locations in all 50 states; | ||
(6) the premises is located in the North-East quadrant | ||
of the municipality; | ||
(7) the premises is located across the street from a | ||
national grocery chain outlet; | ||
(8) the premises has approximately 16,148 square feet | ||
of retail space; | ||
(9) the premises has approximately 992 square feet of | ||
pharmacy space; | ||
(10) the premises is located on a major arterial street | ||
that runs north-south and accepts truck traffic; and | ||
(11) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(bb) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with |
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(3) the primary entrance to the premises and the | ||
primary entrance to the church are located on the same | ||
street; | ||
(4) the premises is across the street from the church; | ||
(5) the street on which the premises and the church are | ||
located is a major arterial street that runs east-west; | ||
(6) the church is an elder-led and Bible-based Assyrian | ||
church; | ||
(7) the premises and the church are both single-story | ||
buildings; | ||
(8) the storefront directly west of the church is being | ||
used as a restaurant; and | ||
(9) the distance between the northern-most property | ||
line of the premises and the southern-most property line of | ||
the church is 65 feet. | ||
(cc) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 |
feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors at | ||
the premises; | ||
(3) the licensee is a national retail chain; | ||
(4) as of October 25, 2011, the licensee has 1,767 | ||
stores operating nationwide, 87 stores operating in the | ||
State, and 10 stores operating within the municipality; | ||
(5) the licensee shall occupy approximately 124,000 | ||
square feet of space in the basement and first and second | ||
floors of a building located across the street from a | ||
school; | ||
(6) the school opened in August of 2009 and occupies | ||
approximately 67,000 square feet of space; and | ||
(7) the building in which the premises shall be located | ||
has been listed on the National Register of Historic Places | ||
since April 17, 1970. | ||
(dd) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a full-service grocery store at a premises that | ||
is located within a municipality with a population in excess of | ||
1,000,000 inhabitants and is within 100 feet of a school if: | ||
(1) the premises is constructed on land that was | ||
purchased from the municipality at a fair market price; |
(2) the premises is constructed on land that was | ||
previously used as a parking facility for public safety | ||
employees; | ||
(3) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(4) the main entrance to the store is more than 100 | ||
feet from the main entrance to the school; | ||
(5) the premises is to be new construction; | ||
(6) the school is a private school; | ||
(7) the principal of the school has given written | ||
approval for the license; | ||
(8) the alderman of the ward where the premises is | ||
located has given written approval of the issuance of the | ||
license; | ||
(9) the grocery store level of the premises is between | ||
60,000 and 70,000 square feet; and | ||
(10) the owner and operator of the grocery store | ||
operates 2 other grocery stores that have alcoholic liquor | ||
licenses within the same municipality. | ||
(ee) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a full-service grocery store at a premises that | ||
is located within a municipality with a population in excess of | ||
1,000,000 inhabitants and is within 100 feet of a school if: | ||
(1) the premises is constructed on land that once |
contained an industrial steel facility; | ||
(2) the premises is located on land that has undergone | ||
environmental remediation; | ||
(3) the premises is located within a retail complex | ||
containing retail stores where some of the stores sell | ||
alcoholic beverages; | ||
(4) the principal activity of any restaurant in the | ||
retail complex is the sale of food, and the sale of | ||
alcoholic liquor is incidental to the sale of food; | ||
(5) the sale of alcoholic liquor is not the principal | ||
business carried on by the grocery store; | ||
(6) the entrance to any business that sells alcoholic | ||
liquor is more than 100 feet from the entrance to the | ||
school; | ||
(7) the alderman of the ward where the premises is | ||
located has given written approval of the issuance of the | ||
license; and | ||
(8) the principal of the school has given written | ||
consent to the issuance of the license. | ||
(ff) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal |
business carried on at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the operation of a theater; | ||
(3) the premises is a one and one-half-story building | ||
of approximately 10,000 square feet; | ||
(4) the school is a City of Chicago School District 299 | ||
school; | ||
(5) the primary entrance of the premises and the | ||
primary entrance of the school are at least 300 feet apart | ||
and no more than 400 feet apart; | ||
(6) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his support for the | ||
issuance of the license; and | ||
(7) the principal of the school has expressed, in | ||
writing, that there is no objection to the issuance of a | ||
license under this subsection (ff). | ||
(gg) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor incidental to the sale of food within a restaurant or | ||
banquet facility established in a premises that is located in a | ||
municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the property on which the church is located and the |
property on which the premises are located are both within | ||
a district originally listed on the National Register of | ||
Historic Places on February 14, 1979; | ||
(3) the property on which the premises are located | ||
contains one or more multi-story buildings that are at | ||
least 95 years old and have no more than three stories; | ||
(4) the building in which the church is located is at | ||
least 120 years old; | ||
(5) the property on which the church is located is | ||
immediately adjacent to and west of the property on which | ||
the premises are located; | ||
(6) the western boundary of the property on which the | ||
premises are located is no less than 118 feet in length and | ||
no more than 122 feet in length; | ||
(7) as of December 31, 2012, both the church property | ||
and the property on which the premises are located are | ||
within 250 feet of City of Chicago Business-Residential | ||
Planned Development Number 38; | ||
(8) the principal religious leader at the place of | ||
worship has indicated his or her support for the issuance | ||
of the license in writing; and | ||
(9) the alderman in whose district the premises are | ||
located has expressed his or her support for the issuance | ||
of the license in writing. | ||
For the purposes of this subsection, "banquet facility" | ||
means the part of the building that is located on the floor |
above a restaurant and caters to private parties and where the | ||
sale of alcoholic liquors is not the principal business. | ||
(hh) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a hotel and at an outdoor patio area attached to | ||
the hotel that are located in a municipality with a population | ||
in excess of 1,000,000 inhabitants and that are within 100 feet | ||
of a hospital if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the hotel; | ||
(2) the hotel is located within the City of Chicago | ||
Business Planned Development Number 468; and | ||
(3) the hospital is located within the City of Chicago | ||
Institutional Planned Development Number 3. | ||
(ii) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a restaurant and at an outdoor patio area | ||
attached to the restaurant that are located in a municipality | ||
with a population in excess of 1,000,000 inhabitants and that | ||
are within 100 feet of a church if: | ||
(1) the sale of alcoholic liquor at the premises is not | ||
the principal business carried on by the licensee and is | ||
incidental to the sale of food; | ||
(2) the restaurant has been operated on the street |
level of a 2-story building located on a corner lot since | ||
2008; | ||
(3) the restaurant is between 3,700 and 4,000 square | ||
feet and sits on a lot that is no more than 6,200 square | ||
feet; | ||
(4) the primary entrance to the restaurant and the | ||
primary entrance to the church are located on the same | ||
street; | ||
(5) the street on which the restaurant and the church | ||
are located is a major east-west street; | ||
(6) the restaurant and the church are separated by a | ||
one-way northbound street; | ||
(7) the church is located to the west of and no more | ||
than 65 feet from the restaurant; and | ||
(8) the principal religious leader at the place of | ||
worship has indicated his or her consent to the issuance of | ||
the license in writing. | ||
(jj) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor is incidental to the |
sale of food; | ||
(3) the premises are located east of the church, on | ||
perpendicular streets, and separated by an alley; | ||
(4) the distance between the primary entrance of the | ||
premises and the primary entrance of the church is at least | ||
175 feet; | ||
(5) the distance between the property line of the | ||
premises and the property line of the church is at least 40 | ||
feet; | ||
(6) the licensee has been operating at the premises | ||
since 2012; | ||
(7) the church was constructed in 1904; | ||
(8) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license; and | ||
(9) the principal religious leader of the church has | ||
delivered a written statement that he or she does not | ||
object to the issuance of a license under this subsection | ||
(jj). | ||
(kk) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors on | ||
the premises; | ||
(3) the licensee is a national retail chain; | ||
(4) as of February 27, 2013, the licensee had 1,778 | ||
stores operating nationwide, 89 operating in this State, | ||
and 11 stores operating within the municipality; | ||
(5) the licensee shall occupy approximately 169,048 | ||
square feet of space within a building that is located | ||
across the street from a tuition-based preschool; and | ||
(6) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(ll) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors on | ||
the premises; | ||
(3) the licensee is a national retail chain; | ||
(4) as of February 27, 2013, the licensee had 1,778 | ||
stores operating nationwide, 89 operating in this State, |
and 11 stores operating within the municipality; | ||
(5) the licensee shall occupy approximately 191,535 | ||
square feet of space within a building that is located | ||
across the street from an elementary school; and | ||
(6) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(mm) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within premises and at an outdoor patio or sidewalk | ||
cafe, or both, attached to premises that are located in a | ||
municipality with a population in excess of 1,000,000 | ||
inhabitants and that are within 100 feet of a hospital if: | ||
(1) the primary business of the restaurant consists of | ||
the sale of food where the sale of liquor is incidental to | ||
the sale of food; | ||
(2) as a restaurant, the premises may or may not offer | ||
catering as an incidental part of food service; | ||
(3) the primary business of the restaurant is conducted | ||
in space owned by a hospital or an entity owned or | ||
controlled by, under common control with, or that controls | ||
a hospital, and the chief hospital administrator has | ||
expressed his or her support for the issuance of the | ||
license in writing; and | ||
(4) the hospital is an adult acute care facility |
primarily located within the City of Chicago Institutional | ||
Planned Development Number 3. | ||
(nn) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried out on the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the operation of a theater; | ||
(3) the premises are a building that was constructed in | ||
1913 and opened on May 24, 1915 as a vaudeville theater, | ||
and the premises were converted to a motion picture theater | ||
in 1935; | ||
(4) the church was constructed in 1889 with a stone | ||
exterior; | ||
(5) the primary entrance of the premises and the | ||
primary entrance of the church are at least 100 feet apart; | ||
and | ||
(6) the principal religious leader at the place of | ||
worship has indicated his or her consent to the issuance of | ||
the license in writing; and | ||
(7) the alderman in whose ward the premises are located | ||
has expressed his or her support for the issuance of the |
license in writing. | ||
(oo) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a mosque, church, or other place of worship if: | ||
(1) the primary entrance of the premises and the | ||
primary entrance of the mosque, church, or other place of | ||
worship are perpendicular and are on different streets; | ||
(2) the primary entrance to the premises faces West and | ||
the primary entrance to the mosque, church, or other place | ||
of worship faces South; | ||
(3) the distance between the 2 primary entrances is at | ||
least 100 feet; | ||
(4) the mosque, church, or other place of worship was | ||
established in a location within 100 feet of the premises | ||
after a license for the sale of alcohol at the premises was | ||
first issued; | ||
(5) the mosque, church, or other place of worship was | ||
established on or around January 1, 2011; | ||
(6) a license for the sale of alcohol at the premises | ||
was first issued on or before January 1, 1985; | ||
(7) a license for the sale of alcohol at the premises | ||
has been continuously in effect since January 1, 1985, | ||
except for interruptions between licenses of no more than |
90 days; and | ||
(8) the premises are a single-story, single-use | ||
building of at least 3,000 square feet and no more than | ||
3,380 square feet. | ||
(pp) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor incidental to the sale of food within a restaurant or | ||
banquet facility established on premises that are located in a | ||
municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of at least one church if: | ||
(1) the sale of liquor shall not be the principal | ||
business carried on by the licensee at the premises; | ||
(2) the premises are at least 2,000 square feet and no | ||
more than 10,000 square feet and is located in a | ||
single-story building; | ||
(3) the property on which the premises are located is | ||
within an area that, as of 2009, was designated as a | ||
Renewal Community by the United States Department of | ||
Housing and Urban Development; | ||
(4) the property on which the premises are located and | ||
the properties on which the churches are located are on the | ||
same street; | ||
(5) the property on which the premises are located is | ||
immediately adjacent to and east of the property on which | ||
at least one of the churches is located; |
(6) the property on which the premises are located is | ||
across the street and southwest of the property on which | ||
another church is located; | ||
(7) the principal religious leaders of the churches | ||
have indicated their support for the issuance of the | ||
license in writing; and | ||
(8) the alderman in whose ward the premises are located | ||
has expressed his or her support for the issuance of the | ||
license in writing. | ||
For purposes of this subsection (pp), "banquet facility" | ||
means the part of the building that caters to private parties | ||
and where the sale of alcoholic liquors is not the principal | ||
business. | ||
(qq) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor on premises that are located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church or school if: | ||
(1) the primary entrance of the premises and the | ||
closest entrance of the church or school are at least 200 | ||
feet apart and no greater than 300 feet apart; | ||
(2) the shortest distance between the premises and the | ||
church or school is at least 66 feet apart and no greater | ||
than 81 feet apart; | ||
(3) the premises are a single-story, steel-framed |
commercial building with at least 18,042 square feet, and | ||
was constructed in 1925 and 1997; | ||
(4) the owner of the business operated within the | ||
premises has been the general manager of a similar | ||
supermarket within one mile from the premises, which has | ||
had a valid license authorizing the sale of alcoholic | ||
liquor since 2002, and is in good standing with the City of | ||
Chicago; | ||
(5) the principal religious leader at the place of | ||
worship has indicated his or her support to the issuance or | ||
renewal of the license in writing; | ||
(6) the alderman of the ward has indicated his or her | ||
support to the issuance or renewal of the license in | ||
writing; and | ||
(7) the principal of the school has indicated his or | ||
her support to the issuance or renewal of the license in | ||
writing. | ||
(rr) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a club that leases space to a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried out on the premises; | ||
(2) the sale of alcoholic liquor at the premises is |
incidental to the operation of a grocery store; | ||
(3) the premises are a building of approximately 1,750 | ||
square feet and is rented by the owners of the grocery | ||
store from a family member; | ||
(4) the property line of the premises is approximately | ||
68 feet from the property line of the club; | ||
(5) the primary entrance of the premises and the | ||
primary entrance of the club where the school leases space | ||
are at least 100 feet apart; | ||
(6) the director of the club renting space to the | ||
school has indicated his or her consent to the issuance of | ||
the license in writing; and | ||
(7) the alderman in whose district the premises are | ||
located has expressed his or her support for the issuance | ||
of the license in writing. | ||
(ss) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the premises are located within a 15 unit building | ||
with 13 residential apartments and 2 commercial spaces, and | ||
the licensee will occupy both commercial spaces; | ||
(2) a restaurant has been operated on the premises | ||
since June 2011; |
(3) the restaurant currently occupies 1,075 square | ||
feet, but will be expanding to include 975 additional | ||
square feet; | ||
(4) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(5) the premises are located south of the church and on | ||
the same street and are separated by a one-way westbound | ||
street; | ||
(6) the primary entrance of the premises is at least 93 | ||
feet from the primary entrance of the church; | ||
(7) the shortest distance between any part of the | ||
premises and any part of the church is at least 72 feet; | ||
(8) the building in which the restaurant is located was | ||
built in 1910; | ||
(9) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license; and | ||
(10) the principal religious leader of the church has | ||
delivered a written statement that he or she does not | ||
object to the issuance of a license under this subsection | ||
(ss). | ||
(tt) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 |
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor is incidental to the | ||
sale of food; | ||
(3) the sale of alcoholic liquor at the premises was | ||
previously authorized by a package goods liquor license; | ||
(4) the premises are at least 40,000 square feet with | ||
25 parking spaces in the contiguous surface lot to the | ||
north of the store and 93 parking spaces on the roof; | ||
(5) the shortest distance between the lot line of the | ||
parking lot of the premises and the exterior wall of the | ||
church is at least 80 feet; | ||
(6) the distance between the building in which the | ||
church is located and the building in which the premises | ||
are located is at least 180 feet; | ||
(7) the main entrance to the church faces west and is | ||
at least 257 feet from the main entrance of the premises; | ||
and | ||
(8) the applicant is the owner of 10 similar grocery | ||
stores within the City of Chicago and the surrounding area | ||
and has been in business for more than 30 years. | ||
(uu) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a |
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor is incidental to the | ||
operation of a grocery store; | ||
(3) the premises are located in a building that is | ||
approximately 68,000 square feet with 157 parking spaces on | ||
property that was previously vacant land; | ||
(4) the main entrance to the church faces west and is | ||
at least 500 feet from the entrance of the premises, which | ||
faces north; | ||
(5) the church and the premises are separated by an | ||
alley; | ||
(6) the applicant is the owner of 9 similar grocery | ||
stores in the City of Chicago and the surrounding area and | ||
has been in business for more than 40 years; and | ||
(7) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(vv) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: |
(1) the sale of alcoholic liquor is the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor is primary to the sale | ||
of food; | ||
(3) the premises are located south of the church and on | ||
perpendicular streets and are separated by a driveway; | ||
(4) the primary entrance of the premises is at least | ||
100 feet from the primary entrance of the church; | ||
(5) the shortest distance between any part of the | ||
premises and any part of the church is at least 15 feet; | ||
(6) the premises are less than 100 feet from the church | ||
center, but greater than 100 feet from the area within the | ||
building where church services are held; | ||
(7) the premises are 25,830 square feet and sit on a | ||
lot that is 0.48 acres; | ||
(8) the premises were once designated as a Korean | ||
American Presbyterian Church and were once used as a | ||
Masonic Temple; | ||
(9) the premises were built in 1910; | ||
(10) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license; and | ||
(11) the principal religious leader of the church has | ||
delivered a written statement that he or she does not | ||
object to the issuance of a license under this subsection | ||
(vv). |
For the purposes of this subsection (vv), "premises" means | ||
a place of business together with a privately owned outdoor | ||
location that is adjacent to the place of business.
| ||
(ww) Notwithstanding any provision of this Section to the
| ||
contrary, nothing in this Section shall prohibit the issuance
| ||
or renewal of a license authorizing the sale of alcoholic
| ||
liquor at premises located within a municipality with a
| ||
population in excess of 1,000,000 inhabitants and within 100
| ||
feet of a school if: | ||
(1) the school is located within Sub Area III of City | ||
of Chicago Residential-Business Planned Development Number | ||
523, as amended; and | ||
(2) the premises are located within Sub Area I, Sub | ||
Area II, or Sub Area IV of City of Chicago | ||
Residential-Business Planned Development Number 523, as | ||
amended. | ||
(xx) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of wine or wine-related products is the | ||
exclusive business carried on by the licensee at the | ||
premises; | ||
(2) the primary entrance of the premises and the |
primary entrance of the church are at least 100 feet apart | ||
and are located on different streets; | ||
(3) the building in which the premises are located and | ||
the building in which the church is located are separated | ||
by an alley; | ||
(4) the premises consists of less than 2,000 square | ||
feet of floor area dedicated to the sale of wine or | ||
wine-related products; | ||
(5) the premises are located on the first floor of a | ||
2-story building that is at least 99 years old and has a | ||
residential unit on the second floor; and | ||
(6) the principal religious leader at the church has | ||
indicated his or her support for the issuance or renewal of | ||
the license in writing. | ||
(Source: P.A. 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634, | ||
eff. 12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12; | ||
97-806, eff. 7-13-12; 97-1166, eff. 3-1-13; 98-274, eff. | ||
8-9-13; 98-463, eff. 8-16-13; 98-571, eff. 8-27-13; 98-592, | ||
eff. 11-15-13; 98-1092, eff. 8-26-14; 98-1158, eff. 1-9-15.)
| ||
(235 ILCS 5/6-22.5 new) | ||
Sec. 6-22.5. Infusions. | ||
(a) For purposes of this Section, "infusion" means a spirit | ||
where ingredients, including, but not limited to, fruits, | ||
spices, or nuts, are added to naturally infuse flavor into the | ||
spirit. |
(b) A retail licensee that is preparing an infusion for | ||
consumption on the premises shall comply with the following | ||
requirements: | ||
(1) the infusion shall be mixed and stored on the | ||
premises of the licensee; | ||
(2) the container that the infusion is stored in must | ||
have a lid and be in sanitary condition; | ||
(3) the infusion shall not be aged for more than 14 | ||
days; | ||
(4) the infusion must be used or destroyed within 21 | ||
days after the end of the aging process; | ||
(5) cleaning records for the container that the | ||
infusion is stored in must be available for inspection by | ||
agents of the State Commission; and | ||
(6) the container that the infusion is stored in must | ||
have a label affixed to the container that provides the | ||
production date of the infusion, the base spirit of the | ||
infusion, the date the infusion will finish the aging | ||
process, and the date by which the infusion must be | ||
destroyed. | ||
(235 ILCS 5/6-27.1) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 6-27.1. Responsible alcohol service server training. | ||
(a) Unless issued a valid server training certificate |
between July 1, 2012 and July 1, 2015 by a certified Beverage | ||
Alcohol Sellers and Servers Education and Training (BASSET) | ||
trainer, all alcohol servers in Cook County are required to | ||
obtain and complete training in basic responsible alcohol | ||
service as outlined in 77 Ill. Adm. Code 3500 , as those | ||
provisions exist on July 1, 2015 (the effective date of Public | ||
Act 98-939), by July 1, 2015 or within 120 days after the | ||
alcohol server begins his or her employment, whichever is | ||
later. All alcohol servers in a county, other than Cook County, | ||
with a population of 200,000 inhabitants or more are required | ||
to obtain and complete training in basic responsible alcohol | ||
service as outlined in 77 Ill. Adm. Code 3500, as those | ||
provisions exist on July 1, 2015 (the effective date of Public | ||
Act 98-939), by July 1, 2016 or within 120 days after the | ||
alcohol server begins his or her employment, whichever is | ||
later. All alcohol servers in a county with a population of | ||
more than 30,000 inhabitants and less than 200,000 inhabitants | ||
are required to obtain and complete training in basic | ||
responsible alcohol service as outlined in 77 Ill. Adm. Code | ||
3500, as those provisions exist on July 1, 2015 (the effective | ||
date of Public Act 98-939), by July 1, 2017 or within 120 days | ||
after the alcohol server begins his or her employment, | ||
whichever is later. All alcohol servers in counties with a | ||
population of 30,000 inhabitants or less are required to obtain | ||
and complete training in basic responsible alcohol service as | ||
outlined in 77 Ill. Adm. Code 3500, as those provisions exist |
on July 1, 2015 (the effective date of Public Act 98-939), by | ||
July 1, 2018 or within 120 days after the alcohol server begins | ||
his or her employment, whichever is later. | ||
There is no limit to the amount of times a server may take | ||
the training. A certificate of training belongs to the server, | ||
and a server may transfer a certificate of training to a | ||
different employer, but shall not transfer a certificate of | ||
training to another server. Proof that an alcohol server has | ||
been trained must be available upon reasonable request by State | ||
law enforcement officials. For the purpose of this Section, | ||
"alcohol servers" means persons who sell or serve open | ||
containers of alcoholic beverages at retail and anyone whose | ||
job description entails the checking of identification for the | ||
purchase of open containers of alcoholic beverages at retail or | ||
for entry into the licensed premises. The definition does not | ||
include (i) a distributor or importing distributor conducting | ||
product sampling as authorized in Section 6-31 of this Act or a | ||
registered tasting representative, as provided in 11 Ill. Adm. | ||
Code 100.40, conducting a tasting, as defined in 11 Ill. Adm. | ||
Code 100.10; (ii) a volunteer serving alcoholic beverages at a | ||
charitable function; or (iii) an instructor engaged in training | ||
or educating on the proper technique for using a system that | ||
dispenses alcoholic beverages. | ||
(b) Responsible alcohol service training must cover and | ||
assess knowledge of the topics noted in 77 Ill. Adm. Code | ||
3500.155. |
(c) Beginning on the effective date of this amendatory Act | ||
of the 98th General Assembly, but no later than October 1, | ||
2015, all existing BASSET trainers who are already BASSET | ||
certified as of the effective date of this amendatory Act of | ||
the 98th General Assembly shall be recertified by the State | ||
Commission and be required to comply with the conditions for | ||
server training set forth in this amendatory Act of the 98th | ||
General Assembly. | ||
(d) Training modules and certificate program plans must be | ||
approved by the State Commission. All documents, materials, or | ||
information related to responsible alcohol service training | ||
program approval that are submitted to the State Commission are | ||
confidential and shall not be open to public inspection or | ||
dissemination and are exempt from disclosure. | ||
The State Commission shall only approve programs that meet | ||
the following criteria: | ||
(1) the training course covers the content specified in | ||
77 Ill. Adm. Code 3500.155; | ||
(2) if the training course is classroom-based, the | ||
classroom training is at least 4 hours, is available in | ||
English and Spanish, and includes a test; | ||
(3) if the training course is online or computer-based, | ||
the course is designed in a way that ensures that no | ||
content can be skipped, is interactive, has audio for | ||
content for servers that have a disability, and includes a | ||
test; |
(4) training and testing is based on a job task | ||
analysis that clearly identifies and focuses on the | ||
knowledge, skills, and abilities needed to responsibly | ||
serve alcoholic beverages and is developed using best | ||
practices in instructional design and exam development to | ||
ensure that the program is fair and legally defensible; | ||
(5) training and testing is conducted by any means | ||
available, including, but not limited to, online, | ||
computer, classroom, or live trainers; and | ||
(6) the program must provide access on a | ||
24-hour-per-day, 7-days-per-week basis for certificate | ||
verification for State Commission, State law enforcement | ||
officials, and employers to be able to verify certificate | ||
authenticity. | ||
(e) Nothing in subsection (d) of this Section shall be | ||
construed to require a program to use a test administrator or | ||
proctor. | ||
(f) A certificate issued from a BASSET-licensed training | ||
program shall be accepted as meeting the training requirements | ||
for all server license and permit laws and ordinances in the | ||
State. | ||
(g) A responsible alcohol service training certificate | ||
from a BASSET-licensed program shall be valid for 3 years. | ||
(h) The provisions of this Section shall apply beginning | ||
July 1, 2015. From July 1, 2015 through December 31, 2015, | ||
enforcement of the provisions of this Section shall be limited |
to education and notification of the requirements to encourage | ||
compliance. | ||
(i) The provisions of this Section do not apply to a | ||
special event retailer.
| ||
(Source: P.A. 98-939, eff. 7-1-15.) | ||
(235 ILCS 5/6-27.5 new) | ||
Sec. 6-27.5. Mandatory schedule of prices. All retail | ||
licensees shall maintain a schedule of the prices charged for | ||
all drinks of alcoholic liquor to be served and consumed on the | ||
licensed premises or in any room or part thereof. Whenever a | ||
hotel or multi-use establishment which holds a valid retailer's | ||
license operates on its premises more than one establishment at | ||
which drinks of alcoholic liquor are sold at retail, the hotel | ||
or multi-use establishment shall maintain at each such | ||
establishment a separate schedule of the prices charged for | ||
such drinks at that establishment.
| ||
(235 ILCS 5/6-28) (from Ch. 43, par. 144d)
| ||
Sec. 6-28. Prohibited happy hours Happy hours prohibited . | ||
(a) (Blank). All retail licensees shall
maintain a schedule | ||
of the prices charged for all drinks of alcoholic
liquor to be | ||
served and consumed on the licensed premises or in any room or
| ||
part thereof. Whenever a hotel or multi-use establishment which | ||
holds a
valid retailer's license operates on its premises more | ||
than one
establishment at which drinks of alcoholic liquor are |
sold at retail, the
hotel or multi-use establishment shall | ||
maintain at each such establishment
a separate schedule of the | ||
prices charged for such drinks at that
establishment.
| ||
(b) No retail licensee or employee or agent of such | ||
licensee shall:
| ||
(1) sell more than one drink of alcoholic liquor for | ||
the price of one drink of alcoholic liquor serve 2 or more | ||
drinks of alcoholic liquor at one time to one person
for | ||
consumption by that one person, except conducting product | ||
sampling
pursuant to Section 6-31 or selling or delivering | ||
wine by the bottle or
carafe ;
| ||
(2) sell, offer to sell or serve to any person an | ||
unlimited number of
drinks of alcoholic liquor during any | ||
set period of time for a fixed price,
except at private | ||
functions not open to the general public or as provided in | ||
Section 6-28.5 of this Act ;
| ||
(3) (blank) sell, offer to sell or serve any drink of | ||
alcoholic liquor to any
person on any one date at a reduced | ||
price other than that charged other
purchasers of drinks on | ||
that day where such reduced price is a promotion to
| ||
encourage consumption of alcoholic liquor, except as | ||
authorized in
paragraph (7) of subsection (c) ;
| ||
(4) increase the volume of alcoholic liquor contained | ||
in a drink, or the
size of a drink of alcoholic liquor, | ||
without increasing proportionately
the price regularly | ||
charged for the drink on that day;
|
(5) encourage or permit, on the licensed premises, any | ||
game or contest
which involves drinking alcoholic liquor or | ||
the
awarding of drinks of alcoholic liquor as prizes for | ||
such game or contest
on the licensed premises; or
| ||
(6) advertise or promote in any way, whether on or off | ||
the licensed
premises, any of the practices prohibited | ||
under paragraphs (1) through (5).
| ||
(c) (Blank). Nothing in subsection (b) shall be construed | ||
to prohibit a
licensee from:
| ||
(1) offering free food or entertainment at any time;
| ||
(2) including drinks of alcoholic liquor as part of a | ||
meal package;
| ||
(3) including drinks of alcoholic liquor as part of a | ||
hotel package;
| ||
(4) negotiating drinks of alcoholic liquor as part of a | ||
contract between
a hotel or multi-use establishment and | ||
another group for the holding of any
function, meeting, | ||
convention or trade show;
| ||
(5) providing room service to persons renting rooms at | ||
a hotel;
| ||
(6) selling pitchers (or the equivalent, including but | ||
not limited to
buckets), carafes, or bottles of alcoholic | ||
liquor which are
customarily sold in such manner, or | ||
selling bottles of spirits, and delivered to 2 or more | ||
persons at one time;
| ||
(7) increasing prices of drinks of alcoholic liquor in |
lieu of, in whole
or in part, a cover charge to offset the | ||
cost of special entertainment not
regularly scheduled; or
| ||
(8) including drinks of alcoholic liquor as part of an | ||
entertainment package where the licensee is separately | ||
licensed by a municipal ordinance that (A) restricts dates | ||
of operation to dates during which there is an event at an | ||
adjacent stadium, (B) restricts hours of serving alcoholic | ||
liquor to 2 hours before the event and one hour after the | ||
event, (C) restricts alcoholic liquor sales to beer and | ||
wine, (D) requires tickets for admission to the | ||
establishment, and (E) prohibits sale of admission tickets | ||
on the day of an event and permits the sale of admission | ||
tickets for single events only. | ||
(d) A violation of this Section Act shall be grounds for | ||
suspension or
revocation of the retailer's license as provided | ||
by
this Act. The State Commission may not enforce any trade | ||
practice policy or other rule that was not adopted in | ||
accordance with the Illinois Administrative Procedure Act.
| ||
(Source: P.A. 98-571, eff. 8-27-13.)
| ||
(235 ILCS 5/6-28.5 new) | ||
Sec. 6-28.5. Permitted happy hours and meal packages, party | ||
packages, and entertainment packages. | ||
(a) As used in this Section: | ||
"Dedicated event space" means a room or rooms or other | ||
clearly delineated space within a retail licensee's premises |
that is reserved for the exclusive use of party package | ||
invitees during the entirety of a party package. Furniture, | ||
stanchions and ropes, or other room dividers may be used to | ||
clearly delineate a dedicated event space. | ||
"Meal package" means a food and beverage package, which may | ||
or may not include entertainment, where the service of | ||
alcoholic liquor is an accompaniment to the food, including, | ||
but not limited to, a meal, tour, tasting, or any combination | ||
thereof for a fixed price by a retail licensee or any other | ||
licensee operating within a sports facility, restaurant, | ||
winery, brewery, or distillery. | ||
"Party package" means a private party, function, or event | ||
for a specific social or business occasion, either arranged by | ||
invitation or reservation for a defined number of individuals, | ||
that is not open to the general public and where attendees are | ||
served both food and alcohol for a fixed price in a dedicated | ||
event space. | ||
(b) A retail licensee may: | ||
(1) offer free food or entertainment at any time; | ||
(2) include drinks of alcoholic liquor as part of a | ||
meal package; | ||
(3) sell or offer for sale a party package only if the | ||
retail licensee: | ||
(A) offers food in the dedicated event space; | ||
(B) limits the party package to no more than 3 | ||
hours; |
(C) distributes wristbands, lanyards, shirts, or | ||
any other such wearable items to identify party package | ||
attendees so the attendees may be granted access to the | ||
dedicated event space; and | ||
(D) excludes individuals not participating in the | ||
party package from the dedicated event space; | ||
(4) include drinks of alcoholic liquor as part of a | ||
hotel package; | ||
(5) negotiate drinks of alcoholic liquor as part of a | ||
hotel package; | ||
(6) provide room service to persons renting rooms at a | ||
hotel; | ||
(7) sell pitchers (or the equivalent, including, but | ||
not limited to, buckets of bottled beer), carafes, or | ||
bottles of alcoholic liquor which are customarily sold in | ||
such manner, or sell bottles of spirits; | ||
(8) advertise events permitted under this Section; | ||
(9) include drinks of alcoholic liquor as part of an | ||
entertainment package where the licensee is separately | ||
licensed by a municipal ordinance that (A) restricts dates | ||
of operation to dates during which there is an event at an | ||
adjacent stadium, (B) restricts hours of serving alcoholic | ||
liquor to 2 hours before the event and one hour after the | ||
event, (C) restricts alcoholic liquor sales to beer and | ||
wine, (D) requires tickets for admission to the | ||
establishment, and (E) prohibits sale of admission tickets |
on the day of an event and permits the sale of admission | ||
tickets for single events only; and | ||
(10) discount any drink of alcoholic liquor during a | ||
specified time period only if: | ||
(A) the price of the drink of alcoholic liquor is | ||
not changed during the time that it is discounted; | ||
(B) the period of time during which any drink of | ||
alcoholic liquor is discounted does not exceed 4 hours | ||
per day and 15 hours per week; however, this period of | ||
time is not required to be consecutive and may be | ||
divided by the licensee in any manner; | ||
(C) the drink of alcoholic liquor is not discounted | ||
between the hours of 10:00 p.m. and the licensed | ||
premises' closing hour; and | ||
(D) notice of the discount of the drink of | ||
alcoholic liquor during a specified time is posted on | ||
the licensed premises or on the licensee's publicly | ||
available website at least 7 days prior to the | ||
specified time. | ||
(b) A violation of this Section shall be grounds for | ||
suspension or revocation of the retailer's license as provided | ||
by this Act. The State Commission may not enforce any trade | ||
practice policy or other rule that was not adopted in | ||
accordance with the Illinois Administrative Procedure Act. | ||
(c) All licensees affected by this Section must also comply | ||
with Sections 6-16, 6-21, and 6-27.1 of this Act.
|
(235 ILCS 5/6-31)
| ||
Sec. 6-31. Product sampling.
| ||
(a) Retailer, distributor, importing distributor, | ||
manufacturer and
nonresident dealer licensees may conduct | ||
product sampling for consumption at a
licensed retail location. | ||
Up to 3 samples, consisting of no more than (i) 1/4
ounce of | ||
distilled spirits, (ii) one ounce of wine, or (iii) 2 ounces of | ||
beer
may be served to a consumer in one day.
| ||
(b) Notwithstanding the provisions of subsection (a), an | ||
on-premises retail
licensee may offer for sale and serve more | ||
than one drink per person for
sampling purposes without | ||
violating paragraph (1) of subsection (b) of Section
6-28 or | ||
paragraph (6) of subsection (c) of Section 6-28 of this Act,
| ||
provided the total quantity of the sampling package,
regardless | ||
of the number of containers in which the alcoholic liquor is | ||
being
served, does not exceed 1 ounce of distilled spirits, 4 | ||
ounces of wine, or
16
ounces of beer .
In any event, all
| ||
provisions of Section 6-28
shall apply to an on-premises
retail | ||
licensee that conducts product sampling.
| ||
(Source: P.A. 90-432, eff. 1-1-98; 90-626, eff. 1-1-99.)
| ||
(235 ILCS 5/6-14 rep.) | ||
Section 10. The Liquor Control Act of 1934 is amended by | ||
repealing Section 6-14. |
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 | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|