State of Illinois
91st General Assembly
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Public Act 91-0623

SB656 Enrolled                                 LRB9103496LDmb

    AN ACT to  amend  the  Liquor  Control  Act  of  1934  by
changing Sections 6-11 and 7-13.

    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 6-11 and 7-13 as follows:

    (235 ILCS 5/6-11) (from Ch. 43, par. 127)
    Sec.  6-11.  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.
    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.
    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.
    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, or
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, and in  each  of  these  cases
either  case  if  the  sale  of  alcoholic liquors is not the
principal business carried on by the licensee license.
    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.
    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.
    Nothing in this Section shall prohibit a church or church
affiliated school located 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.
(Source: P.A. 89-308,  eff.  1-1-96;  89-709,  eff.  2-14-97;
90-617,   eff.   7-10-98;   90-655,   eff.  7-30-98;  revised
10-31-98.)

    (235 ILCS 5/7-13) (from Ch. 43, par. 156)
    Sec. 7-13.  Granting licenses after  revocation;  waiting
period; discretion.  When any license shall have been revoked
for  any cause, no license shall be granted to any person for
the period of one year thereafter  for  the  conduct  of  the
business of manufacturing, distributing, or selling alcoholic
liquor  in  the  premises  described  in  the revoked license
unless the revocation order has been vacated  or  unless  the
revocation order was entered as to the licensee only.
    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.
(Source: P.A. 89-250, eff. 1-1-96.)

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