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Public Act 099-0047 | ||||
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AN ACT concerning liquor.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Liquor Control Act of 1934 is amended by | ||||
changing Section 6-4 as follows:
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(235 ILCS 5/6-4) (from Ch. 43, par. 121)
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Sec. 6-4. (a) No person licensed by any licensing authority | ||||
as a
distiller, or a wine manufacturer, or any subsidiary or | ||||
affiliate
thereof, or any officer, associate, member, partner, | ||||
representative,
employee, agent or shareholder owning more | ||||
than 5% of the outstanding
shares of such person shall be | ||||
issued an importing distributor's or
distributor's license, | ||||
nor shall any person licensed by any licensing
authority as an | ||||
importing distributor, distributor or retailer, or any
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subsidiary or affiliate thereof, or any officer or associate, | ||||
member,
partner, representative, employee, agent or | ||||
shareholder owning more than
5% of the outstanding shares of | ||||
such person be issued a distiller's
license or a wine | ||||
manufacturer's license; and no person or persons
licensed as a | ||||
distiller by any licensing authority shall have any
interest, | ||||
directly or indirectly, with such distributor or importing
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distributor.
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However, an importing distributor or distributor, which on |
January
1, 1985 is owned by a brewer, or any subsidiary or | ||
affiliate thereof or any
officer, associate, member, partner, | ||
representative, employee, agent or
shareholder owning more | ||
than 5% of the outstanding shares of the importing
distributor | ||
or distributor referred to in this paragraph, may own or
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acquire an ownership interest of more than 5% of the | ||
outstanding shares of
a wine manufacturer and be issued a wine
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manufacturer's license by any licensing authority.
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(b) The foregoing provisions shall not apply to any person | ||
licensed
by any licensing authority as a distiller or wine | ||
manufacturer, or to
any subsidiary or affiliate of any | ||
distiller or wine manufacturer who
shall have been heretofore | ||
licensed by the State Commission as either an
importing | ||
distributor or distributor during the annual licensing period
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expiring June 30, 1947, and shall actually have made sales | ||
regularly to
retailers.
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(c) Provided, however, that in such instances where a | ||
distributor's
or importing distributor's license has been | ||
issued to any distiller or
wine manufacturer or to any | ||
subsidiary or affiliate of any distiller or
wine manufacturer | ||
who has, during the licensing period ending June 30,
1947, sold | ||
or distributed as such licensed distributor or importing
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distributor alcoholic liquors and wines to retailers, such | ||
distiller or
wine manufacturer or any subsidiary or affiliate | ||
of any distiller or
wine manufacturer holding such | ||
distributor's or importing distributor's
license may continue |
to sell or distribute to retailers such alcoholic
liquors and | ||
wines which are manufactured, distilled, processed or
marketed | ||
by distillers and wine manufacturers whose products it sold or
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distributed to retailers during the whole or any part of its | ||
licensing
periods; and such additional brands and additional | ||
products may be added
to the line of such distributor or | ||
importing distributor, provided, that
such brands and such | ||
products were not sold or distributed by any
distributor or | ||
importing distributor licensed by the State Commission
during | ||
the licensing period ending June 30, 1947, but can not sell or
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distribute to retailers any other alcoholic liquors or wines.
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(d) It shall be unlawful for any distiller licensed | ||
anywhere to have
any stock ownership or interest in any | ||
distributor's or importing
distributor's license wherein any | ||
other person has an interest therein
who is not a distiller and | ||
does not own more than 5% of any stock in any
distillery. | ||
Nothing herein contained shall apply to such distillers or
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their subsidiaries or affiliates, who had a distributor's or | ||
importing
distributor's license during the licensing period | ||
ending June 30, 1947,
which license was owned in whole by such | ||
distiller, or subsidiaries or
affiliates of such distiller.
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(e) Any person having been licensed as a manufacturer shall | ||
be
permitted to receive one retailer's license for the premises | ||
in which he
or she actually conducts such business, permitting | ||
only the retail sale of beer manufactured at such premises and | ||
only on
such premises, but no such person shall be entitled to |
more than one
retailer's license in any event, and, other than | ||
a manufacturer of beer
as stated above, no manufacturer or | ||
distributor or importing
distributor, excluding airplane | ||
licensees exercising powers provided in
paragraph (i) of | ||
Section 5-1 of this Act, or any subsidiary or affiliate
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thereof, or any officer,
associate, member, partner, | ||
representative, employee or agent, or
shareholder shall be | ||
issued a retailer's license, nor shall any person
having a | ||
retailer's license, excluding airplane licensees exercising | ||
powers
provided in paragraph (i) of Section 5-1 of this
Act, or | ||
any subsidiary or affiliate thereof, or
any officer, associate, | ||
member, partner, representative or agent, or
shareholder be | ||
issued a manufacturer's license or importing distributor's
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license.
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A person licensed as a craft distiller not affiliated with | ||
any other person manufacturing spirits may be authorized by the | ||
Commission to sell up to 2,500 gallons of spirits produced by | ||
the person to non-licensees for on or off-premises consumption | ||
for the premises in which he or she actually conducts business | ||
permitting only the retail sale of spirits manufactured at such | ||
premises. Such sales shall be limited to on-premises, in-person | ||
sales only, for lawful consumption on or off premises, and such | ||
authorization shall be considered a privilege granted by the | ||
craft distiller license. A craft distiller licensed for retail | ||
sale shall secure liquor liability insurance coverage in an | ||
amount at least equal to the maximum liability amounts set |
forth in subsection (a) of Section 6-21 of this Act. | ||
(f) (Blank). However, the foregoing prohibitions against | ||
any person licensed as
a distiller or wine manufacturer being | ||
issued a retailer's license shall not apply:
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(i) to any hotel, motel or restaurant whose principal | ||
business is not
the sale of alcoholic liquors if said | ||
retailer's sales of any alcoholic
liquors manufactured, | ||
sold, distributed or controlled, directly or
indirectly, | ||
by any affiliate, subsidiary, officer, associate, member,
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partner, representative, employee, agent or shareholder | ||
owning more than 5%
of the outstanding shares of such | ||
person does not exceed
10% of the total alcoholic liquor | ||
sales of said retail licensee; and
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(ii) where the Commission determines, having | ||
considered the public
welfare, the economic impact upon the | ||
State and the entirety of the facts
and circumstances | ||
involved, that the purpose and intent of this Section
would | ||
not be violated by granting an exemption.
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(g) Notwithstanding any of the foregoing prohibitions, a | ||
limited wine
manufacturer may sell at retail at its | ||
manufacturing site for on or off
premises consumption and may | ||
sell to distributors. A limited wine manufacturer licensee
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shall secure liquor liability insurance coverage in an amount
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at least equal to the maximum liability amounts set forth in
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subsection (a) of Section 6-21 of this Act.
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(h) The changes made to this Section by this amendatory Act |
of the 99th General Assembly shall not diminish or impair the | ||
rights of any person, whether a distiller, wine manufacturer, | ||
agent, or affiliate thereof, who requested in writing and | ||
submitted documentation to the State Commission on or before | ||
February 18, 2015 to be approved for a retail license pursuant | ||
to what has heretofore been subsection (f); provided that, on | ||
or before that date, the State Commission considered the intent | ||
of that person to apply for the retail license under that | ||
subsection and, by recorded vote, the State Commission approved | ||
a resolution indicating that such a license application could | ||
be lawfully approved upon that person duly filing a formal | ||
application for a retail license and if that person, within 90 | ||
days of the State Commission appearance and recorded vote, | ||
first filed an application with the appropriate local | ||
commission, which application was subsequently approved by the | ||
appropriate local commission prior to consideration by the | ||
State Commission of that person's application for a retail | ||
license. It is further provided that the State Commission may | ||
approve the person's application for a retail license or | ||
renewals of such license if such person continues to diligently | ||
adhere to all representations made in writing to the State | ||
Commission on or before February 18, 2015, or thereafter, or in | ||
the affidavit filed by that person with the State Commission to | ||
support the issuance of a retail license and to abide by all | ||
applicable laws and duly adopted rules. | ||
(Source: P.A. 96-1367, eff. 7-28-10; 97-606, eff. 8-26-11; |
97-1166, eff. 3-1-13.)
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Section 10. If and only if Senate Bill 398 of the 99th
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General Assembly becomes law and the changes to Section 6-11 of | ||
the Liquor Control Act of 1934 in that bill become law in the | ||
form in which they appear in House Amendment No. 2 to that
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bill, then the
Liquor Control Act of 1934 is amended by | ||
changing Section 6-11 as follows:
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(235 ILCS 5/6-11)
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Sec. 6-11. Sale near churches, schools, and hospitals.
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(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
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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
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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.
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(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.
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(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
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liquor is incidental to the sale of food and the applicant is a | ||
completely new
owner of the restaurant, (2) the immediately
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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.
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(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
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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
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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
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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
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alcoholic liquors is not the principal business carried on by |
the licensee.
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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.
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(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.
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(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
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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.
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(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.
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(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:
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(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food,
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(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.
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(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:
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(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.
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(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; | ||
09900SB0398ham002.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law, except that Section 10 takes effect upon becoming | ||
law or on the date Senate Bill 398 of the 99th General Assembly | ||
takes effect, whichever is later. |