Public Act 093-0688
 		





HB4031 Enrolled
LRB093 17865 LRD 43547 b






    AN ACT concerning alcoholic 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 Section 6-11 as follows:
 



    (235 ILCS 5/6-11)  (from Ch. 43, par. 127)


    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.

    (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, 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 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.

(Source: P.A. 91-357, eff.
7-29-99; 91-623, eff. 1-1-00; 
92-720, eff. 7-25-02; 92-813, eff. 8-21-02;
revised 9-18-02.)



 

    Section 99. Effective date. This Act takes effect upon 
becoming law.