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Public Act 099-0477 |
SB1256 Enrolled | LRB099 03514 RPS 23522 b |
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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 6-11 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 |
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nearest part
of any building used for worship services or |
educational programs and
not to property boundaries.
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(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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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; |
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(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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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; |
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(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
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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 |
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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 |
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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 |
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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; |
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(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 |
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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; |
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(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. |
(yy) 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 a 27-story hotel containing 191 |
guest rooms; |
(2) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises and is |
limited to a restaurant located on the first floor of the |
hotel; |
(3) the hotel is adjacent to the church; |
(4) the site is zoned as DX-16; |
(5) 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 |
(yy); and |
(6) 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. |
(zz) 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 a 15-story hotel containing 143 |
|
guest rooms; |
(2) the premises are approximately 85,691 square feet; |
(3) a restaurant is operated on the premises; |
(4) the restaurant is located in the first floor lobby |
of the hotel; |
(5) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; |
(6) the hotel is located approximately 50 feet from the |
church and is separated from the church by a public street |
on the ground level and by air space on the upper level, |
which is where the public entrances are located; |
(7) the site is zoned as DX-16; |
(8) 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 |
(zz); and |
(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. |
(aaa) 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 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 sale of alcoholic liquor is not the primary |
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business activity of the grocery store; |
(2) the premises are newly constructed on land that was |
formerly used by the Young Men's Christian Association; |
(3) the grocery store is located within a planned |
development that was approved by the municipality in 2007; |
(4) the premises are located in a multi-building, |
mixed-use complex; |
(5) the entrance to the grocery store is located more |
than 200 feet from the entrance to the school; |
(6) the entrance to the grocery store is located across |
the street from the back of the school building, which is |
not used for student or public access; |
(7) the grocery store executed a binding lease for the |
property in 2008; |
(8) the premises consist of 2 levels and occupy more |
than 80,000 square feet; |
(9) the owner and operator of the grocery store |
operates at least 10 other grocery stores that have |
alcoholic liquor licenses within the same municipality; |
and |
(10) the director of the school has expressed, in |
writing, his or her support for the issuance of the |
license. |
(bbb) 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 at the premises is |
incidental to the sale of food; |
(2) the premises are located in a single-story building |
of primarily brick construction containing at least 6 |
commercial units constructed before 1940; |
(3) the premises are located in a B3-2 zoning district; |
(4) the premises are less than 4,000 square feet; |
(5) the church established its congregation in 1891 and |
completed construction of the church building in 1990; |
(6) the premises are located south of the church; |
(7) the premises and church are located on the same |
street and are separated by a one-way westbound street; and |
(8) the principal religious leader of the church has |
not indicated his or her opposition to the issuance or |
renewal of the license in writing. |
(ccc) 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 full-service grocery store at premises located |
within a municipality with a population in excess of 1,000,000 |
inhabitants and within 100 feet of a church and school if: |
(1) as of March 14, 2007, the premises are located in a |
City of Chicago Residential-Business Planned Development |
|
No. 1052; |
(2) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; |
(3) the sale of alcoholic liquor is incidental to the |
operation of a grocery store and comprises no more than 10% |
of the total in-store sales; |
(4) the owner and operator of the grocery store |
operates at least 10 other grocery stores that have |
alcoholic liquor licenses within the same municipality; |
(5) the premises are new construction when the license |
is first issued; |
(6) the constructed premises are to be no less than |
50,000 square feet; |
(7) the school is a private church-affiliated school; |
(8) the premises and the property containing the church |
and church-affiliated school are located on perpendicular |
streets and the school and church are adjacent to one |
another; |
(9) the pastor of the church and school has expressed, |
in writing, support for the issuance of the license; and |
(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. |
(ddd) 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 or school if: |
(1) the business has been issued a license from the |
municipality to allow the business to operate a theater on |
the premises; |
(2) the theater has less than 200 seats; |
(3) the premises are approximately 2,700 to 3,100 |
square feet of space; |
(4) the premises are located to the north of the |
church; |
(5) the primary entrance of the premises and the |
primary entrance of any church within 100 feet of the |
premises are located either on a different street or across |
a right-of-way from the premises; |
(6) the primary entrance of the premises and the |
primary entrance of any school within 100 feet of the |
premises are located either on a different street or across |
a right-of-way from the premises; |
(7) the premises are located in a building that is at |
least 100 years old; and |
(8) any church or school located within 100 feet of the |
premises has indicated its support for the issuance or |
renewal of the license to the premises in writing. |
(eee) 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 and school if: |
(1) the sale of alcoholic liquor is incidental to the |
sale of food; |
(2) the sale of alcoholic liquor is not the principal |
business carried on by the applicant on the premises; |
(3) a family-owned restaurant has operated on the |
premises since 1957; |
(4) the premises occupy the first floor of a 3-story |
building that is at least 90 years old; |
(5) the distance between the property line of the |
premises and the property line of the church is at least 20 |
feet; |
(6) the church was established at its current location |
and the present structure was erected before 1900; |
(7) the primary entrance of the premises is at least 75 |
feet from the primary entrance of the church; |
(8) the school is affiliated with the church; |
(9) the principal religious leader at the place of |
worship has indicated his or her support for the issuance |
of the license in writing; |
(10) the principal of the school has indicated in |
writing that he or she is not opposed to the issuance of |
the license; and |
|
(11) the alderman of the ward in which the premises are |
located has expressed, in writing, his or her lack of an |
objection to the issuance of the license. |
(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.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law. |