SB2421 EngrossedLRB100 17185 RPS 32341 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 6-11 as follows:
 
6    (235 ILCS 5/6-11)
7    Sec. 6-11. Sale near churches, schools, and hospitals.
8    (a) No license shall be issued for the sale at retail of
9any alcoholic liquor within 100 feet of any church, school
10other than an institution of higher learning, hospital, home
11for aged or indigent persons or for veterans, their spouses or
12children or any military or naval station, provided, that this
13prohibition shall not apply to hotels offering restaurant
14service, regularly organized clubs, or to restaurants, food
15shops or other places where sale of alcoholic liquors is not
16the principal business carried on if the place of business so
17exempted is not located in a municipality of more than 500,000
18persons, unless required by local ordinance; nor to the renewal
19of a license for the sale at retail of alcoholic liquor on
20premises within 100 feet of any church or school where the
21church or school has been established within such 100 feet
22since the issuance of the original license. In the case of a
23church, the distance of 100 feet shall be measured to the

 

 

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1nearest part of any building used for worship services or
2educational programs and not to property boundaries.
3    (b) Nothing in this Section shall prohibit the issuance of
4a retail license authorizing the sale of alcoholic liquor to a
5restaurant, the primary business of which is the sale of goods
6baked on the premises if (i) the restaurant is newly
7constructed and located on a lot of not less than 10,000 square
8feet, (ii) the restaurant costs at least $1,000,000 to
9construct, (iii) the licensee is the titleholder to the
10premises and resides on the premises, and (iv) the construction
11of the restaurant is completed within 18 months of July 10,
121998 (the effective date of Public Act 90-617).
13    (c) Nothing in this Section shall prohibit the issuance of
14a retail license authorizing the sale of alcoholic liquor
15incidental to a restaurant if (1) the primary business of the
16restaurant consists of the sale of food where the sale of
17liquor is incidental to the sale of food and the applicant is a
18completely new owner of the restaurant, (2) the immediately
19prior owner or operator of the premises where the restaurant is
20located operated the premises as a restaurant and held a valid
21retail license authorizing the sale of alcoholic liquor at the
22restaurant for at least part of the 24 months before the change
23of ownership, and (3) the restaurant is located 75 or more feet
24from a school.
25    (d) In the interest of further developing Illinois' economy
26in the area of commerce, tourism, convention, and banquet

 

 

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1business, nothing in this Section shall prohibit issuance of a
2retail license authorizing the sale of alcoholic beverages to a
3restaurant, banquet facility, grocery store, or hotel having
4not fewer than 150 guest room accommodations located in a
5municipality of more than 500,000 persons, notwithstanding the
6proximity of such hotel, restaurant, banquet facility, or
7grocery store to any church or school, if the licensed premises
8described on the license are located within an enclosed mall or
9building of a height of at least 6 stories, or 60 feet in the
10case of a building that has been registered as a national
11landmark, or in a grocery store having a minimum of 56,010
12square feet of floor space in a single story building in an
13open mall of at least 3.96 acres that is adjacent to a public
14school that opened as a boys technical high school in 1934, or
15in a grocery store having a minimum of 31,000 square feet of
16floor space in a single story building located a distance of
17more than 90 feet but less than 100 feet from a high school
18that opened in 1928 as a junior high school and became a senior
19high school in 1933, and in each of these cases if the sale of
20alcoholic liquors is not the principal business carried on by
21the licensee.
22    For purposes of this Section, a "banquet facility" is any
23part of a building that caters to private parties and where the
24sale of alcoholic liquors is not the principal business.
25    (e) Nothing in this Section shall prohibit the issuance of
26a license to a church or private school to sell at retail

 

 

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1alcoholic liquor if any such sales are limited to periods when
2groups are assembled on the premises solely for the promotion
3of some common object other than the sale or consumption of
4alcoholic liquors.
5    (f) Nothing in this Section shall prohibit a church or
6church affiliated school located in a home rule municipality or
7in a municipality with 75,000 or more inhabitants from locating
8within 100 feet of a property for which there is a preexisting
9license to sell alcoholic liquor at retail. In these instances,
10the local zoning authority may, by ordinance adopted
11simultaneously with the granting of an initial special use
12zoning permit for the church or church affiliated school,
13provide that the 100-foot restriction in this Section shall not
14apply to that church or church affiliated school and future
15retail liquor licenses.
16    (g) Nothing in this Section shall prohibit the issuance of
17a retail license authorizing the sale of alcoholic liquor at
18premises within 100 feet, but not less than 90 feet, of a
19public school if (1) the premises have been continuously
20licensed to sell alcoholic liquor for a period of at least 50
21years, (2) the premises are located in a municipality having a
22population of over 500,000 inhabitants, (3) the licensee is an
23individual who is a member of a family that has held the
24previous 3 licenses for that location for more than 25 years,
25(4) the principal of the school and the alderman of the ward in
26which the school is located have delivered a written statement

 

 

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1to the local liquor control commissioner stating that they do
2not object to the issuance of a license under this subsection
3(g), and (5) the local liquor control commissioner has received
4the written consent of a majority of the registered voters who
5live within 200 feet of the premises.
6    (h) Notwithstanding any provision of this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor within premises and at an outdoor patio area attached to
10premises that are located in a municipality with a population
11in excess of 300,000 inhabitants and that are within 100 feet
12of a church if:
13        (1) the sale of alcoholic liquor at the premises is
14    incidental to the sale of food,
15        (2) the sale of liquor is not the principal business
16    carried on by the licensee at the premises,
17        (3) the premises are less than 1,000 square feet,
18        (4) the premises are owned by the University of
19    Illinois,
20        (5) the premises are immediately adjacent to property
21    owned by a church and are not less than 20 nor more than 40
22    feet from the church space used for worship services, and
23        (6) the principal religious leader at the place of
24    worship has indicated his or her support for the issuance
25    of the license in writing.
26    (i) Notwithstanding any provision in this Section to the

 

 

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1contrary, nothing in this Section shall prohibit the issuance
2or renewal of a license to sell alcoholic liquor at a premises
3that is located within a municipality with a population in
4excess of 300,000 inhabitants and is within 100 feet of a
5church, synagogue, or other place of worship if:
6        (1) the primary entrance of the premises and the
7    primary entrance of the church, synagogue, or other place
8    of worship are at least 100 feet apart, on parallel
9    streets, and separated by an alley; and
10        (2) the principal religious leader at the place of
11    worship has not indicated his or her opposition to the
12    issuance or renewal of the license in writing.
13    (j) Notwithstanding any provision in this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15of a retail license authorizing the sale of alcoholic liquor at
16a theater that is within 100 feet of a church if (1) the church
17owns the theater, (2) the church leases the theater to one or
18more entities, and (3) the theater is used by at least 5
19different not-for-profit theater groups.
20    (k) Notwithstanding any provision in this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license authorizing the sale of alcoholic
23liquor at a premises that is located within a municipality with
24a population in excess of 1,000,000 inhabitants and is within
25100 feet of a school if:
26        (1) the primary entrance of the premises and the

 

 

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1    primary entrance of the school are parallel, on different
2    streets, and separated by an alley;
3        (2) the southeast corner of the premises are at least
4    350 feet from the southwest corner of the school;
5        (3) the school was built in 1978;
6        (4) the sale of alcoholic liquor at the premises is
7    incidental to the sale of food;
8        (5) the sale of alcoholic liquor is not the principal
9    business carried on by the licensee at the premises;
10        (6) the applicant is the owner of the restaurant and
11    has held a valid license authorizing the sale of alcoholic
12    liquor for the business to be conducted on the premises at
13    a different location for more than 7 years; and
14        (7) the premises is at least 2,300 square feet and sits
15    on a lot that is between 6,100 and 6,150 square feet.
16    (l) Notwithstanding any provision in this Section to the
17contrary, nothing in this Section shall prohibit the issuance
18or renewal of a license authorizing the sale of alcoholic
19liquor at a premises that is located within a municipality with
20a population in excess of 1,000,000 inhabitants and is within
21100 feet of a church or school if:
22        (1) the primary entrance of the premises and the
23    closest entrance of the church or school is at least 90
24    feet apart and no greater than 95 feet apart;
25        (2) the shortest distance between the premises and the
26    church or school is at least 80 feet apart and no greater

 

 

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1    than 85 feet apart;
2        (3) the applicant is the owner of the restaurant and on
3    November 15, 2006 held a valid license authorizing the sale
4    of alcoholic liquor for the business to be conducted on the
5    premises for at least 14 different locations;
6        (4) the sale of alcoholic liquor at the premises is
7    incidental to the sale of food;
8        (5) the sale of alcoholic liquor is not the principal
9    business carried on by the licensee at the premises;
10        (6) the premises is at least 3,200 square feet and sits
11    on a lot that is between 7,150 and 7,200 square feet; and
12        (7) the principal religious leader at the place of
13    worship has not indicated his or her opposition to the
14    issuance or renewal of the license in writing.
15    (m) Notwithstanding any provision in this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor at a premises that is located within a municipality with
19a population in excess of 1,000,000 inhabitants and is within
20100 feet of a church if:
21        (1) the premises and the church are perpendicular, and
22    the primary entrance of the premises faces South while the
23    primary entrance of the church faces West and the distance
24    between the two entrances is more than 100 feet;
25        (2) the shortest distance between the premises lot line
26    and the exterior wall of the church is at least 80 feet;

 

 

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1        (3) the church was established at the current location
2    in 1916 and the present structure was erected in 1925;
3        (4) the premises is a single story, single use building
4    with at least 1,750 square feet and no more than 2,000
5    square feet;
6        (5) the sale of alcoholic liquor at the premises is
7    incidental to the sale of food;
8        (6) the sale of alcoholic liquor is not the principal
9    business carried on by the licensee at the premises; and
10        (7) the principal religious leader at the place of
11    worship has not indicated his or her opposition to the
12    issuance or renewal of the license in writing.
13    (n) Notwithstanding any provision in this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor at a premises that is located within a municipality with
17a population in excess of 1,000,000 inhabitants and is within
18100 feet of a school if:
19        (1) the school is a City of Chicago School District 299
20    school;
21        (2) the school is located within subarea E of City of
22    Chicago Residential Business Planned Development Number
23    70;
24        (3) the sale of alcoholic liquor is not the principal
25    business carried on by the licensee on the premises;
26        (4) the sale of alcoholic liquor at the premises is

 

 

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1    incidental to the sale of food; and
2        (5) the administration of City of Chicago School
3    District 299 has expressed, in writing, its support for the
4    issuance of the license.
5    (o) Notwithstanding any provision of this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a retail license authorizing the sale of
8alcoholic liquor at a premises that is located within a
9municipality in excess of 1,000,000 inhabitants and within 100
10feet of a church if:
11        (1) the sale of alcoholic liquor at the premises is
12    incidental to the sale of food;
13        (2) the sale of alcoholic liquor is not the principal
14    business carried on by the licensee at the premises;
15        (3) the premises is located on a street that runs
16    perpendicular to the street on which the church is located;
17        (4) the primary entrance of the premises is at least
18    100 feet from the primary entrance of the church;
19        (5) the shortest distance between any part of the
20    premises and any part of the church is at least 60 feet;
21        (6) the premises is between 3,600 and 4,000 square feet
22    and sits on a lot that is between 3,600 and 4,000 square
23    feet; and
24        (7) the premises was built in the year 1909.
25    For purposes of this subsection (o), "premises" means a
26place of business together with a privately owned outdoor

 

 

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1location that is adjacent to the place of business.
2    (p) Notwithstanding any provision in this Section to the
3contrary, nothing in this Section shall prohibit the issuance
4or renewal of a license authorizing the sale of alcoholic
5liquor at a premises that is located within a municipality with
6a population in excess of 1,000,000 inhabitants and within 100
7feet of a church if:
8        (1) the shortest distance between the backdoor of the
9    premises, which is used as an emergency exit, and the
10    church is at least 80 feet;
11        (2) the church was established at the current location
12    in 1889; and
13        (3) liquor has been sold on the premises since at least
14    1985.
15    (q) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor within a premises that is located in a municipality with
19a population in excess of 1,000,000 inhabitants and within 100
20feet of a church-owned property if:
21        (1) the premises is located within a larger building
22    operated as a grocery store;
23        (2) the area of the premises does not exceed 720 square
24    feet and the area of the larger building exceeds 18,000
25    square feet;
26        (3) the larger building containing the premises is

 

 

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1    within 100 feet of the nearest property line of a
2    church-owned property on which a church-affiliated school
3    is located;
4        (4) the sale of liquor is not the principal business
5    carried on within the larger building;
6        (5) the primary entrance of the larger building and the
7    premises and the primary entrance of the church-affiliated
8    school are on different, parallel streets, and the distance
9    between the 2 primary entrances is more than 100 feet;
10        (6) the larger building is separated from the
11    church-owned property and church-affiliated school by an
12    alley;
13        (7) the larger building containing the premises and the
14    church building front are on perpendicular streets and are
15    separated by a street; and
16        (8) (Blank).
17    (r) Notwithstanding any provision of this Section to the
18contrary, nothing in this Section shall prohibit the issuance,
19renewal, or maintenance of a license authorizing the sale of
20alcoholic liquor incidental to the sale of food within a
21restaurant established in a premises that is located in a
22municipality with a population in excess of 1,000,000
23inhabitants and within 100 feet of a church if:
24        (1) the primary entrance of the church and the primary
25    entrance of the restaurant are at least 100 feet apart;
26        (2) the restaurant has operated on the ground floor and

 

 

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1    lower level of a multi-story, multi-use building for more
2    than 40 years;
3        (3) the primary business of the restaurant consists of
4    the sale of food where the sale of liquor is incidental to
5    the sale of food;
6        (4) the sale of alcoholic liquor is conducted primarily
7    in the below-grade level of the restaurant to which the
8    only public access is by a staircase located inside the
9    restaurant; and
10        (5) the restaurant has held a license authorizing the
11    sale of alcoholic liquor on the premises for more than 40
12    years.
13    (s) Notwithstanding any provision of this Section to the
14contrary, nothing in this Section shall prohibit renewal of a
15license authorizing the sale of alcoholic liquor at a premises
16that is located within a municipality with a population more
17than 5,000 and less than 10,000 and is within 100 feet of a
18church if:
19        (1) the church was established at the location within
20    100 feet of the premises after a license for the sale of
21    alcoholic liquor at the premises was first issued;
22        (2) a license for sale of alcoholic liquor at the
23    premises was first issued before January 1, 2007; and
24        (3) a license for the sale of alcoholic liquor on the
25    premises has been continuously in effect since January 1,
26    2007, except for interruptions between licenses of no more

 

 

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1    than 90 days.
2    (t) Notwithstanding any provision of this Section to the
3contrary, nothing in this Section shall prohibit the issuance
4or renewal of a license authorizing the sale of alcoholic
5liquor incidental to the sale of food within a restaurant that
6is established in a premises that is located in a municipality
7with a population in excess of 1,000,000 inhabitants and within
8100 feet of a school and a church if:
9        (1) the restaurant is located inside a five-story
10    building with over 16,800 square feet of commercial space;
11        (2) the area of the premises does not exceed 31,050
12    square feet;
13        (3) the area of the restaurant does not exceed 5,800
14    square feet;
15        (4) the building has no less than 78 condominium units;
16        (5) the construction of the building in which the
17    restaurant is located was completed in 2006;
18        (6) the building has 10 storefront properties, 3 of
19    which are used for the restaurant;
20        (7) the restaurant will open for business in 2010;
21        (8) the building is north of the school and separated
22    by an alley; and
23        (9) the principal religious leader of the church and
24    either the alderman of the ward in which the school is
25    located or the principal of the school have delivered a
26    written statement to the local liquor control commissioner

 

 

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1    stating that he or she does not object to the issuance of a
2    license under this subsection (t).
3    (u) Notwithstanding any provision in this Section to the
4contrary, nothing in this Section shall prohibit the issuance
5or renewal of a license to sell alcoholic liquor at a premises
6that is located within a municipality with a population in
7excess of 1,000,000 inhabitants and within 100 feet of a school
8if:
9        (1) the premises operates as a restaurant and has been
10    in operation since February 2008;
11        (2) the applicant is the owner of the premises;
12        (3) the sale of alcoholic liquor is incidental to the
13    sale of food;
14        (4) the sale of alcoholic liquor is not the principal
15    business carried on by the licensee on the premises;
16        (5) the premises occupy the first floor of a 3-story
17    building that is at least 90 years old;
18        (6) the rear lot of the school and the rear corner of
19    the building that the premises occupy are separated by an
20    alley;
21        (7) the distance from the southwest corner of the
22    property line of the school and the northeast corner of the
23    building that the premises occupy is at least 16 feet, 5
24    inches;
25        (8) the distance from the rear door of the premises to
26    the southwest corner of the property line of the school is

 

 

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1    at least 93 feet;
2        (9) the school is a City of Chicago School District 299
3    school;
4        (10) the school's main structure was erected in 1902
5    and an addition was built to the main structure in 1959;
6    and
7        (11) the principal of the school and the alderman in
8    whose district the premises are located have expressed, in
9    writing, their support for the issuance of the license.
10    (v) Notwithstanding any provision in this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor at a premises that is located within a municipality with
14a population in excess of 1,000,000 inhabitants and is within
15100 feet of a school if:
16        (1) the total land area of the premises for which the
17    license or renewal is sought is more than 600,000 square
18    feet;
19        (2) the premises for which the license or renewal is
20    sought has more than 600 parking stalls;
21        (3) the total area of all buildings on the premises for
22    which the license or renewal is sought exceeds 140,000
23    square feet;
24        (4) the property line of the premises for which the
25    license or renewal is sought is separated from the property
26    line of the school by a street;

 

 

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1        (5) the distance from the school's property line to the
2    property line of the premises for which the license or
3    renewal is sought is at least 60 feet;
4        (6) as of June 14, 2011 (the effective date of Public
5    Act 97-9), the premises for which the license or renewal is
6    sought is located in the Illinois Medical District.
7    (w) Notwithstanding any provision in this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license to sell alcoholic liquor at a premises
10that is located within a municipality with a population in
11excess of 1,000,000 inhabitants and within 100 feet of a church
12if:
13        (1) the sale of alcoholic liquor at the premises is
14    incidental to the sale of food;
15        (2) the sale of alcoholic liquor is not the principal
16    business carried on by the licensee at the premises;
17        (3) the premises occupy the first floor and basement of
18    a 2-story building that is 106 years old;
19        (4) the premises is at least 7,000 square feet and
20    located on a lot that is at least 11,000 square feet;
21        (5) the premises is located directly west of the
22    church, on perpendicular streets, and separated by an
23    alley;
24        (6) the distance between the property line of the
25    premises and the property line of the church is at least 20
26    feet;

 

 

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1        (7) the distance between the primary entrance of the
2    premises and the primary entrance of the church is at least
3    130 feet; and
4        (8) the church has been at its location for at least 40
5    years.
6    (x) Notwithstanding any provision of this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor at a premises that is located within a municipality with
10a population in excess of 1,000,000 inhabitants and within 100
11feet of a church if:
12        (1) the sale of alcoholic liquor is not the principal
13    business carried on by the licensee at the premises;
14        (2) the church has been operating in its current
15    location since 1973;
16        (3) the premises has been operating in its current
17    location since 1988;
18        (4) the church and the premises are owned by the same
19    parish;
20        (5) the premises is used for cultural and educational
21    purposes;
22        (6) the primary entrance to the premises and the
23    primary entrance to the church are located on the same
24    street;
25        (7) the principal religious leader of the church has
26    indicated his support of the issuance of the license;

 

 

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1        (8) the premises is a 2-story building of approximately
2    23,000 square feet; and
3        (9) the premises houses a ballroom on its ground floor
4    of approximately 5,000 square feet.
5    (y) Notwithstanding any provision of this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license authorizing the sale of alcoholic
8liquor at a premises that is located within a municipality with
9a population in excess of 1,000,000 inhabitants and within 100
10feet of a school if:
11        (1) the sale of alcoholic liquor is not the principal
12    business carried on by the licensee at the premises;
13        (2) the sale of alcoholic liquor at the premises is
14    incidental to the sale of food;
15        (3) according to the municipality, the distance
16    between the east property line of the premises and the west
17    property line of the school is 97.8 feet;
18        (4) the school is a City of Chicago School District 299
19    school;
20        (5) the school has been operating since 1959;
21        (6) the primary entrance to the premises and the
22    primary entrance to the school are located on the same
23    street;
24        (7) the street on which the entrances of the premises
25    and the school are located is a major diagonal
26    thoroughfare;

 

 

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1        (8) the premises is a single-story building of
2    approximately 2,900 square feet; and
3        (9) the premises is used for commercial purposes only.
4    (z) Notwithstanding any provision of this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6or renewal of a license authorizing the sale of alcoholic
7liquor at a premises that is located within a municipality with
8a population in excess of 1,000,000 inhabitants and within 100
9feet of a mosque if:
10        (1) the sale of alcoholic liquor is not the principal
11    business carried on by the licensee at the premises;
12        (2) the licensee shall only sell packaged liquors at
13    the premises;
14        (3) the licensee is a national retail chain having over
15    100 locations within the municipality;
16        (4) the licensee has over 8,000 locations nationwide;
17        (5) the licensee has locations in all 50 states;
18        (6) the premises is located in the North-East quadrant
19    of the municipality;
20        (7) the premises is a free-standing building that has
21    "drive-through" pharmacy service;
22        (8) the premises has approximately 14,490 square feet
23    of retail space;
24        (9) the premises has approximately 799 square feet of
25    pharmacy space;
26        (10) the premises is located on a major arterial street

 

 

SB2421 Engrossed- 21 -LRB100 17185 RPS 32341 b

1    that runs east-west and accepts truck traffic; and
2        (11) the alderman of the ward in which the premises is
3    located has expressed, in writing, his or her support for
4    the issuance of the license.
5    (aa) Notwithstanding any provision of this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license authorizing the sale of alcoholic
8liquor at a premises that is located within a municipality with
9a population in excess of 1,000,000 inhabitants and within 100
10feet of a church if:
11        (1) the sale of alcoholic liquor is not the principal
12    business carried on by the licensee at the premises;
13        (2) the licensee shall only sell packaged liquors at
14    the premises;
15        (3) the licensee is a national retail chain having over
16    100 locations within the municipality;
17        (4) the licensee has over 8,000 locations nationwide;
18        (5) the licensee has locations in all 50 states;
19        (6) the premises is located in the North-East quadrant
20    of the municipality;
21        (7) the premises is located across the street from a
22    national grocery chain outlet;
23        (8) the premises has approximately 16,148 square feet
24    of retail space;
25        (9) the premises has approximately 992 square feet of
26    pharmacy space;

 

 

SB2421 Engrossed- 22 -LRB100 17185 RPS 32341 b

1        (10) the premises is located on a major arterial street
2    that runs north-south and accepts truck traffic; and
3        (11) the alderman of the ward in which the premises is
4    located has expressed, in writing, his or her support for
5    the issuance of the license.
6    (bb) Notwithstanding any provision of this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor at a premises that is located within a municipality with
10a population in excess of 1,000,000 inhabitants and within 100
11feet of a church if:
12        (1) the sale of alcoholic liquor is not the principal
13    business carried on by the licensee at the premises;
14        (2) the sale of alcoholic liquor at the premises is
15    incidental to the sale of food;
16        (3) the primary entrance to the premises and the
17    primary entrance to the church are located on the same
18    street;
19        (4) the premises is across the street from the church;
20        (5) the street on which the premises and the church are
21    located is a major arterial street that runs east-west;
22        (6) the church is an elder-led and Bible-based Assyrian
23    church;
24        (7) the premises and the church are both single-story
25    buildings;
26        (8) the storefront directly west of the church is being

 

 

SB2421 Engrossed- 23 -LRB100 17185 RPS 32341 b

1    used as a restaurant; and
2        (9) the distance between the northern-most property
3    line of the premises and the southern-most property line of
4    the church is 65 feet.
5    (cc) Notwithstanding any provision of this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license authorizing the sale of alcoholic
8liquor at a premises that is located within a municipality with
9a population in excess of 1,000,000 inhabitants and within 100
10feet of a school if:
11        (1) the sale of alcoholic liquor is not the principal
12    business carried on by the licensee at the premises;
13        (2) the licensee shall only sell packaged liquors at
14    the premises;
15        (3) the licensee is a national retail chain;
16        (4) as of October 25, 2011, the licensee has 1,767
17    stores operating nationwide, 87 stores operating in the
18    State, and 10 stores operating within the municipality;
19        (5) the licensee shall occupy approximately 124,000
20    square feet of space in the basement and first and second
21    floors of a building located across the street from a
22    school;
23        (6) the school opened in August of 2009 and occupies
24    approximately 67,000 square feet of space; and
25        (7) the building in which the premises shall be located
26    has been listed on the National Register of Historic Places

 

 

SB2421 Engrossed- 24 -LRB100 17185 RPS 32341 b

1    since April 17, 1970.
2    (dd) Notwithstanding any provision in this Section to the
3contrary, nothing in this Section shall prohibit the issuance
4or renewal of a license authorizing the sale of alcoholic
5liquor within a full-service grocery store at a premises that
6is located within a municipality with a population in excess of
71,000,000 inhabitants and is within 100 feet of a school if:
8        (1) the premises is constructed on land that was
9    purchased from the municipality at a fair market price;
10        (2) the premises is constructed on land that was
11    previously used as a parking facility for public safety
12    employees;
13        (3) the sale of alcoholic liquor is not the principal
14    business carried on by the licensee at the premises;
15        (4) the main entrance to the store is more than 100
16    feet from the main entrance to the school;
17        (5) the premises is to be new construction;
18        (6) the school is a private school;
19        (7) the principal of the school has given written
20    approval for the license;
21        (8) the alderman of the ward where the premises is
22    located has given written approval of the issuance of the
23    license;
24        (9) the grocery store level of the premises is between
25    60,000 and 70,000 square feet; and
26        (10) the owner and operator of the grocery store

 

 

SB2421 Engrossed- 25 -LRB100 17185 RPS 32341 b

1    operates 2 other grocery stores that have alcoholic liquor
2    licenses within the same municipality.
3    (ee) Notwithstanding any provision in this Section to the
4contrary, nothing in this Section shall prohibit the issuance
5or renewal of a license authorizing the sale of alcoholic
6liquor within a full-service grocery store at a premises that
7is located within a municipality with a population in excess of
81,000,000 inhabitants and is within 100 feet of a school if:
9        (1) the premises is constructed on land that once
10    contained an industrial steel facility;
11        (2) the premises is located on land that has undergone
12    environmental remediation;
13        (3) the premises is located within a retail complex
14    containing retail stores where some of the stores sell
15    alcoholic beverages;
16        (4) the principal activity of any restaurant in the
17    retail complex is the sale of food, and the sale of
18    alcoholic liquor is incidental to the sale of food;
19        (5) the sale of alcoholic liquor is not the principal
20    business carried on by the grocery store;
21        (6) the entrance to any business that sells alcoholic
22    liquor is more than 100 feet from the entrance to the
23    school;
24        (7) the alderman of the ward where the premises is
25    located has given written approval of the issuance of the
26    license; and

 

 

SB2421 Engrossed- 26 -LRB100 17185 RPS 32341 b

1        (8) the principal of the school has given written
2    consent to the issuance of the license.
3    (ff) Notwithstanding any provision of this Section to the
4contrary, nothing in this Section shall prohibit the issuance
5or renewal of a license authorizing the sale of alcoholic
6liquor at a premises that is located within a municipality with
7a population in excess of 1,000,000 inhabitants and within 100
8feet of a school if:
9        (1) the sale of alcoholic liquor is not the principal
10    business carried on at the premises;
11        (2) the sale of alcoholic liquor at the premises is
12    incidental to the operation of a theater;
13        (3) the premises is a one and one-half-story building
14    of approximately 10,000 square feet;
15        (4) the school is a City of Chicago School District 299
16    school;
17        (5) the primary entrance of the premises and the
18    primary entrance of the school are at least 300 feet apart
19    and no more than 400 feet apart;
20        (6) the alderman of the ward in which the premises is
21    located has expressed, in writing, his support for the
22    issuance of the license; and
23        (7) the principal of the school has expressed, in
24    writing, that there is no objection to the issuance of a
25    license under this subsection (ff).
26    (gg) Notwithstanding any provision of this Section to the

 

 

SB2421 Engrossed- 27 -LRB100 17185 RPS 32341 b

1contrary, nothing in this Section shall prohibit the issuance
2or renewal of a license authorizing the sale of alcoholic
3liquor incidental to the sale of food within a restaurant or
4banquet facility established in a premises that is located in a
5municipality with a population in excess of 1,000,000
6inhabitants and within 100 feet of a church if:
7        (1) the sale of alcoholic liquor is not the principal
8    business carried on by the licensee at the premises;
9        (2) the property on which the church is located and the
10    property on which the premises are located are both within
11    a district originally listed on the National Register of
12    Historic Places on February 14, 1979;
13        (3) the property on which the premises are located
14    contains one or more multi-story buildings that are at
15    least 95 years old and have no more than three stories;
16        (4) the building in which the church is located is at
17    least 120 years old;
18        (5) the property on which the church is located is
19    immediately adjacent to and west of the property on which
20    the premises are located;
21        (6) the western boundary of the property on which the
22    premises are located is no less than 118 feet in length and
23    no more than 122 feet in length;
24        (7) as of December 31, 2012, both the church property
25    and the property on which the premises are located are
26    within 250 feet of City of Chicago Business-Residential

 

 

SB2421 Engrossed- 28 -LRB100 17185 RPS 32341 b

1    Planned Development Number 38;
2        (8) the principal religious leader at the place of
3    worship has indicated his or her support for the issuance
4    of the license in writing; and
5        (9) the alderman in whose district the premises are
6    located has expressed his or her support for the issuance
7    of the license in writing.
8    For the purposes of this subsection, "banquet facility"
9means the part of the building that is located on the floor
10above a restaurant and caters to private parties and where the
11sale of alcoholic liquors is not the principal business.
12    (hh) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor within a hotel and at an outdoor patio area attached to
16the hotel that are located in a municipality with a population
17in excess of 1,000,000 inhabitants and that are within 100 feet
18of a hospital if:
19        (1) the sale of alcoholic liquor is not the principal
20    business carried on by the licensee at the hotel;
21        (2) the hotel is located within the City of Chicago
22    Business Planned Development Number 468; and
23        (3) the hospital is located within the City of Chicago
24    Institutional Planned Development Number 3.
25    (ii) Notwithstanding any provision of this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

SB2421 Engrossed- 29 -LRB100 17185 RPS 32341 b

1or renewal of a license authorizing the sale of alcoholic
2liquor within a restaurant and at an outdoor patio area
3attached to the restaurant that are located in a municipality
4with a population in excess of 1,000,000 inhabitants and that
5are within 100 feet of a church if:
6        (1) the sale of alcoholic liquor at the premises is not
7    the principal business carried on by the licensee and is
8    incidental to the sale of food;
9        (2) the restaurant has been operated on the street
10    level of a 2-story building located on a corner lot since
11    2008;
12        (3) the restaurant is between 3,700 and 4,000 square
13    feet and sits on a lot that is no more than 6,200 square
14    feet;
15        (4) the primary entrance to the restaurant and the
16    primary entrance to the church are located on the same
17    street;
18        (5) the street on which the restaurant and the church
19    are located is a major east-west street;
20        (6) the restaurant and the church are separated by a
21    one-way northbound street;
22        (7) the church is located to the west of and no more
23    than 65 feet from the restaurant; and
24        (8) the principal religious leader at the place of
25    worship has indicated his or her consent to the issuance of
26    the license in writing.

 

 

SB2421 Engrossed- 30 -LRB100 17185 RPS 32341 b

1    (jj) Notwithstanding any provision of this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor at premises located within a municipality with a
5population in excess of 1,000,000 inhabitants and within 100
6feet of a church if:
7        (1) the sale of alcoholic liquor is not the principal
8    business carried on by the licensee at the premises;
9        (2) the sale of alcoholic liquor is incidental to the
10    sale of food;
11        (3) the premises are located east of the church, on
12    perpendicular streets, and separated by an alley;
13        (4) the distance between the primary entrance of the
14    premises and the primary entrance of the church is at least
15    175 feet;
16        (5) the distance between the property line of the
17    premises and the property line of the church is at least 40
18    feet;
19        (6) the licensee has been operating at the premises
20    since 2012;
21        (7) the church was constructed in 1904;
22        (8) the alderman of the ward in which the premises is
23    located has expressed, in writing, his or her support for
24    the issuance of the license; and
25        (9) the principal religious leader of the church has
26    delivered a written statement that he or she does not

 

 

SB2421 Engrossed- 31 -LRB100 17185 RPS 32341 b

1    object to the issuance of a license under this subsection
2    (jj).
3    (kk) Notwithstanding any provision of this Section to the
4contrary, nothing in this Section shall prohibit the issuance
5or renewal of a license authorizing the sale of alcoholic
6liquor at a premises that is located within a municipality with
7a population in excess of 1,000,000 inhabitants and within 100
8feet of a school if:
9        (1) the sale of alcoholic liquor is not the principal
10    business carried on by the licensee at the premises;
11        (2) the licensee shall only sell packaged liquors on
12    the premises;
13        (3) the licensee is a national retail chain;
14        (4) as of February 27, 2013, the licensee had 1,778
15    stores operating nationwide, 89 operating in this State,
16    and 11 stores operating within the municipality;
17        (5) the licensee shall occupy approximately 169,048
18    square feet of space within a building that is located
19    across the street from a tuition-based preschool; and
20        (6) the alderman of the ward in which the premises is
21    located has expressed, in writing, his or her support for
22    the issuance of the license.
23    (ll) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor at a premises that is located within a municipality with

 

 

SB2421 Engrossed- 32 -LRB100 17185 RPS 32341 b

1a population in excess of 1,000,000 inhabitants and within 100
2feet of a school if:
3        (1) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the premises;
5        (2) the licensee shall only sell packaged liquors on
6    the premises;
7        (3) the licensee is a national retail chain;
8        (4) as of February 27, 2013, the licensee had 1,778
9    stores operating nationwide, 89 operating in this State,
10    and 11 stores operating within the municipality;
11        (5) the licensee shall occupy approximately 191,535
12    square feet of space within a building that is located
13    across the street from an elementary school; and
14        (6) the alderman of the ward in which the premises is
15    located has expressed, in writing, his or her support for
16    the issuance of the license.
17    (mm) Notwithstanding any provision of this Section to the
18contrary, nothing in this Section shall prohibit the issuance
19or renewal of a license authorizing the sale of alcoholic
20liquor within premises and at an outdoor patio or sidewalk
21cafe, or both, attached to premises that are located in a
22municipality with a population in excess of 1,000,000
23inhabitants and that are within 100 feet of a hospital if:
24        (1) the primary business of the restaurant consists of
25    the sale of food where the sale of liquor is incidental to
26    the sale of food;

 

 

SB2421 Engrossed- 33 -LRB100 17185 RPS 32341 b

1        (2) as a restaurant, the premises may or may not offer
2    catering as an incidental part of food service;
3        (3) the primary business of the restaurant is conducted
4    in space owned by a hospital or an entity owned or
5    controlled by, under common control with, or that controls
6    a hospital, and the chief hospital administrator has
7    expressed his or her support for the issuance of the
8    license in writing; and
9        (4) the hospital is an adult acute care facility
10    primarily located within the City of Chicago Institutional
11    Planned Development Number 3.
12    (nn) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor at a premises that is located within a municipality with
16a population in excess of 1,000,000 inhabitants and within 100
17feet of a church if:
18        (1) the sale of alcoholic liquor is not the principal
19    business carried out on the premises;
20        (2) the sale of alcoholic liquor at the premises is
21    incidental to the operation of a theater;
22        (3) the premises are a building that was constructed in
23    1913 and opened on May 24, 1915 as a vaudeville theater,
24    and the premises were converted to a motion picture theater
25    in 1935;
26        (4) the church was constructed in 1889 with a stone

 

 

SB2421 Engrossed- 34 -LRB100 17185 RPS 32341 b

1    exterior;
2        (5) the primary entrance of the premises and the
3    primary entrance of the church are at least 100 feet apart;
4        (6) the principal religious leader at the place of
5    worship has indicated his or her consent to the issuance of
6    the license in writing; and
7        (7) the alderman in whose ward the premises are located
8    has expressed his or her support for the issuance of the
9    license in writing.
10    (oo) Notwithstanding any provision of this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor at a premises that is located within a municipality with
14a population in excess of 1,000,000 inhabitants and within 100
15feet of a mosque, church, or other place of worship if:
16        (1) the primary entrance of the premises and the
17    primary entrance of the mosque, church, or other place of
18    worship are perpendicular and are on different streets;
19        (2) the primary entrance to the premises faces West and
20    the primary entrance to the mosque, church, or other place
21    of worship faces South;
22        (3) the distance between the 2 primary entrances is at
23    least 100 feet;
24        (4) the mosque, church, or other place of worship was
25    established in a location within 100 feet of the premises
26    after a license for the sale of alcohol at the premises was

 

 

SB2421 Engrossed- 35 -LRB100 17185 RPS 32341 b

1    first issued;
2        (5) the mosque, church, or other place of worship was
3    established on or around January 1, 2011;
4        (6) a license for the sale of alcohol at the premises
5    was first issued on or before January 1, 1985;
6        (7) a license for the sale of alcohol at the premises
7    has been continuously in effect since January 1, 1985,
8    except for interruptions between licenses of no more than
9    90 days; and
10        (8) the premises are a single-story, single-use
11    building of at least 3,000 square feet and no more than
12    3,380 square feet.
13    (pp) Notwithstanding any provision of this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor incidental to the sale of food within a restaurant or
17banquet facility established on premises that are located in a
18municipality with a population in excess of 1,000,000
19inhabitants and within 100 feet of at least one church if:
20        (1) the sale of liquor shall not be the principal
21    business carried on by the licensee at the premises;
22        (2) the premises are at least 2,000 square feet and no
23    more than 10,000 square feet and is located in a
24    single-story building;
25        (3) the property on which the premises are located is
26    within an area that, as of 2009, was designated as a

 

 

SB2421 Engrossed- 36 -LRB100 17185 RPS 32341 b

1    Renewal Community by the United States Department of
2    Housing and Urban Development;
3        (4) the property on which the premises are located and
4    the properties on which the churches are located are on the
5    same street;
6        (5) the property on which the premises are located is
7    immediately adjacent to and east of the property on which
8    at least one of the churches is located;
9        (6) the property on which the premises are located is
10    across the street and southwest of the property on which
11    another church is located;
12        (7) the principal religious leaders of the churches
13    have indicated their support for the issuance of the
14    license in writing; and
15        (8) the alderman in whose ward the premises are located
16    has expressed his or her support for the issuance of the
17    license in writing.
18    For purposes of this subsection (pp), "banquet facility"
19means the part of the building that caters to private parties
20and where the sale of alcoholic liquors is not the principal
21business.
22    (qq) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor on premises that are located within a municipality with
26a population in excess of 1,000,000 inhabitants and within 100

 

 

SB2421 Engrossed- 37 -LRB100 17185 RPS 32341 b

1feet of a church or school if:
2        (1) the primary entrance of the premises and the
3    closest entrance of the church or school are at least 200
4    feet apart and no greater than 300 feet apart;
5        (2) the shortest distance between the premises and the
6    church or school is at least 66 feet apart and no greater
7    than 81 feet apart;
8        (3) the premises are a single-story, steel-framed
9    commercial building with at least 18,042 square feet, and
10    was constructed in 1925 and 1997;
11        (4) the owner of the business operated within the
12    premises has been the general manager of a similar
13    supermarket within one mile from the premises, which has
14    had a valid license authorizing the sale of alcoholic
15    liquor since 2002, and is in good standing with the City of
16    Chicago;
17        (5) the principal religious leader at the place of
18    worship has indicated his or her support to the issuance or
19    renewal of the license in writing;
20        (6) the alderman of the ward has indicated his or her
21    support to the issuance or renewal of the license in
22    writing; and
23        (7) the principal of the school has indicated his or
24    her support to the issuance or renewal of the license in
25    writing.
26    (rr) Notwithstanding any provision of this Section to the

 

 

SB2421 Engrossed- 38 -LRB100 17185 RPS 32341 b

1contrary, nothing in this Section shall prohibit the issuance
2or renewal of a license authorizing the sale of alcoholic
3liquor at premises located within a municipality with a
4population in excess of 1,000,000 inhabitants and within 100
5feet of a club that leases space to a school if:
6        (1) the sale of alcoholic liquor is not the principal
7    business carried out on the premises;
8        (2) the sale of alcoholic liquor at the premises is
9    incidental to the operation of a grocery store;
10        (3) the premises are a building of approximately 1,750
11    square feet and is rented by the owners of the grocery
12    store from a family member;
13        (4) the property line of the premises is approximately
14    68 feet from the property line of the club;
15        (5) the primary entrance of the premises and the
16    primary entrance of the club where the school leases space
17    are at least 100 feet apart;
18        (6) the director of the club renting space to the
19    school has indicated his or her consent to the issuance of
20    the license in writing; and
21        (7) the alderman in whose district the premises are
22    located has expressed his or her support for the issuance
23    of the license in writing.
24    (ss) Notwithstanding any provision of this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license authorizing the sale of alcoholic

 

 

SB2421 Engrossed- 39 -LRB100 17185 RPS 32341 b

1liquor at premises located within a municipality with a
2population in excess of 1,000,000 inhabitants and within 100
3feet of a church if:
4        (1) the premises are located within a 15 unit building
5    with 13 residential apartments and 2 commercial spaces, and
6    the licensee will occupy both commercial spaces;
7        (2) a restaurant has been operated on the premises
8    since June 2011;
9        (3) the restaurant currently occupies 1,075 square
10    feet, but will be expanding to include 975 additional
11    square feet;
12        (4) the sale of alcoholic liquor is not the principal
13    business carried on by the licensee at the premises;
14        (5) the premises are located south of the church and on
15    the same street and are separated by a one-way westbound
16    street;
17        (6) the primary entrance of the premises is at least 93
18    feet from the primary entrance of the church;
19        (7) the shortest distance between any part of the
20    premises and any part of the church is at least 72 feet;
21        (8) the building in which the restaurant is located was
22    built in 1910;
23        (9) the alderman of the ward in which the premises are
24    located has expressed, in writing, his or her support for
25    the issuance of the license; and
26        (10) the principal religious leader of the church has

 

 

SB2421 Engrossed- 40 -LRB100 17185 RPS 32341 b

1    delivered a written statement that he or she does not
2    object to the issuance of a license under this subsection
3    (ss).
4    (tt) Notwithstanding any provision of this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6or renewal of a license authorizing the sale of alcoholic
7liquor at premises located within a municipality with a
8population in excess of 1,000,000 inhabitants and within 100
9feet of a church if:
10        (1) the sale of alcoholic liquor is not the principal
11    business carried on by the licensee at the premises;
12        (2) the sale of alcoholic liquor is incidental to the
13    sale of food;
14        (3) the sale of alcoholic liquor at the premises was
15    previously authorized by a package goods liquor license;
16        (4) the premises are at least 40,000 square feet with
17    25 parking spaces in the contiguous surface lot to the
18    north of the store and 93 parking spaces on the roof;
19        (5) the shortest distance between the lot line of the
20    parking lot of the premises and the exterior wall of the
21    church is at least 80 feet;
22        (6) the distance between the building in which the
23    church is located and the building in which the premises
24    are located is at least 180 feet;
25        (7) the main entrance to the church faces west and is
26    at least 257 feet from the main entrance of the premises;

 

 

SB2421 Engrossed- 41 -LRB100 17185 RPS 32341 b

1    and
2        (8) the applicant is the owner of 10 similar grocery
3    stores within the City of Chicago and the surrounding area
4    and has been in business for more than 30 years.
5    (uu) Notwithstanding any provision of this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license authorizing the sale of alcoholic
8liquor at premises located within a municipality with a
9population in excess of 1,000,000 inhabitants and within 100
10feet of a church if:
11        (1) the sale of alcoholic liquor is not the principal
12    business carried on by the licensee at the premises;
13        (2) the sale of alcoholic liquor is incidental to the
14    operation of a grocery store;
15        (3) the premises are located in a building that is
16    approximately 68,000 square feet with 157 parking spaces on
17    property that was previously vacant land;
18        (4) the main entrance to the church faces west and is
19    at least 500 feet from the entrance of the premises, which
20    faces north;
21        (5) the church and the premises are separated by an
22    alley;
23        (6) the applicant is the owner of 9 similar grocery
24    stores in the City of Chicago and the surrounding area and
25    has been in business for more than 40 years; and
26        (7) the alderman of the ward in which the premises are

 

 

SB2421 Engrossed- 42 -LRB100 17185 RPS 32341 b

1    located has expressed, in writing, his or her support for
2    the issuance of the license.
3    (vv) Notwithstanding any provision of this Section to the
4contrary, nothing in this Section shall prohibit the issuance
5or renewal of a license authorizing the sale of alcoholic
6liquor at premises located within a municipality with a
7population in excess of 1,000,000 inhabitants and within 100
8feet of a church if:
9        (1) the sale of alcoholic liquor is the principal
10    business carried on by the licensee at the premises;
11        (2) the sale of alcoholic liquor is primary to the sale
12    of food;
13        (3) the premises are located south of the church and on
14    perpendicular streets and are separated by a driveway;
15        (4) the primary entrance of the premises is at least
16    100 feet from the primary entrance of the church;
17        (5) the shortest distance between any part of the
18    premises and any part of the church is at least 15 feet;
19        (6) the premises are less than 100 feet from the church
20    center, but greater than 100 feet from the area within the
21    building where church services are held;
22        (7) the premises are 25,830 square feet and sit on a
23    lot that is 0.48 acres;
24        (8) the premises were once designated as a Korean
25    American Presbyterian Church and were once used as a
26    Masonic Temple;

 

 

SB2421 Engrossed- 43 -LRB100 17185 RPS 32341 b

1        (9) the premises were built in 1910;
2        (10) the alderman of the ward in which the premises are
3    located has expressed, in writing, his or her support for
4    the issuance of the license; and
5        (11) the principal religious leader of the church has
6    delivered a written statement that he or she does not
7    object to the issuance of a license under this subsection
8    (vv).
9    For the purposes of this subsection (vv), "premises" means
10a place of business together with a privately owned outdoor
11location that is adjacent to the place of business.
12    (ww) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor at premises located within a municipality with a
16population in excess of 1,000,000 inhabitants and within 100
17feet of a school if:
18        (1) the school is located within Sub Area III of City
19    of Chicago Residential-Business Planned Development Number
20    523, as amended; and
21        (2) the premises are located within Sub Area I, Sub
22    Area II, or Sub Area IV of City of Chicago
23    Residential-Business Planned Development Number 523, as
24    amended.
25    (xx) Notwithstanding any provision of this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

SB2421 Engrossed- 44 -LRB100 17185 RPS 32341 b

1or renewal of a license authorizing the sale of alcoholic
2liquor at premises located within a municipality with a
3population in excess of 1,000,000 inhabitants and within 100
4feet of a church if:
5        (1) the sale of wine or wine-related products is the
6    exclusive business carried on by the licensee at the
7    premises;
8        (2) the primary entrance of the premises and the
9    primary entrance of the church are at least 100 feet apart
10    and are located on different streets;
11        (3) the building in which the premises are located and
12    the building in which the church is located are separated
13    by an alley;
14        (4) the premises consists of less than 2,000 square
15    feet of floor area dedicated to the sale of wine or
16    wine-related products;
17        (5) the premises are located on the first floor of a
18    2-story building that is at least 99 years old and has a
19    residential unit on the second floor; and
20        (6) the principal religious leader at the church has
21    indicated his or her support for the issuance or renewal of
22    the license in writing.
23    (yy) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor at premises located within a municipality with a

 

 

SB2421 Engrossed- 45 -LRB100 17185 RPS 32341 b

1population in excess of 1,000,000 inhabitants and within 100
2feet of a church if:
3        (1) the premises are a 27-story hotel containing 191
4    guest rooms;
5        (2) the sale of alcoholic liquor is not the principal
6    business carried on by the licensee at the premises and is
7    limited to a restaurant located on the first floor of the
8    hotel;
9        (3) the hotel is adjacent to the church;
10        (4) the site is zoned as DX-16;
11        (5) the principal religious leader of the church has
12    delivered a written statement that he or she does not
13    object to the issuance of a license under this subsection
14    (yy); and
15        (6) the alderman of the ward in which the premises are
16    located has expressed, in writing, his or her support for
17    the issuance of the license.
18    (zz) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor at premises located within a municipality with a
22population in excess of 1,000,000 inhabitants and within 100
23feet of a church if:
24        (1) the premises are a 15-story hotel containing 143
25    guest rooms;
26        (2) the premises are approximately 85,691 square feet;

 

 

SB2421 Engrossed- 46 -LRB100 17185 RPS 32341 b

1        (3) a restaurant is operated on the premises;
2        (4) the restaurant is located in the first floor lobby
3    of the hotel;
4        (5) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (6) the hotel is located approximately 50 feet from the
7    church and is separated from the church by a public street
8    on the ground level and by air space on the upper level,
9    which is where the public entrances are located;
10        (7) the site is zoned as DX-16;
11        (8) the principal religious leader of the church has
12    delivered a written statement that he or she does not
13    object to the issuance of a license under this subsection
14    (zz); and
15        (9) the alderman of the ward in which the premises are
16    located has expressed, in writing, his or her support for
17    the issuance of the license.
18    (aaa) Notwithstanding any provision in this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor within a full-service grocery store at premises located
22within a municipality with a population in excess of 1,000,000
23inhabitants and within 100 feet of a school if:
24        (1) the sale of alcoholic liquor is not the primary
25    business activity of the grocery store;
26        (2) the premises are newly constructed on land that was

 

 

SB2421 Engrossed- 47 -LRB100 17185 RPS 32341 b

1    formerly used by the Young Men's Christian Association;
2        (3) the grocery store is located within a planned
3    development that was approved by the municipality in 2007;
4        (4) the premises are located in a multi-building,
5    mixed-use complex;
6        (5) the entrance to the grocery store is located more
7    than 200 feet from the entrance to the school;
8        (6) the entrance to the grocery store is located across
9    the street from the back of the school building, which is
10    not used for student or public access;
11        (7) the grocery store executed a binding lease for the
12    property in 2008;
13        (8) the premises consist of 2 levels and occupy more
14    than 80,000 square feet;
15        (9) the owner and operator of the grocery store
16    operates at least 10 other grocery stores that have
17    alcoholic liquor licenses within the same municipality;
18    and
19        (10) the director of the school has expressed, in
20    writing, his or her support for the issuance of the
21    license.
22    (bbb) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor at premises located within a municipality with a
26population in excess of 1,000,000 inhabitants and within 100

 

 

SB2421 Engrossed- 48 -LRB100 17185 RPS 32341 b

1feet of a church if:
2        (1) the sale of alcoholic liquor at the premises is
3    incidental to the sale of food;
4        (2) the premises are located in a single-story building
5    of primarily brick construction containing at least 6
6    commercial units constructed before 1940;
7        (3) the premises are located in a B3-2 zoning district;
8        (4) the premises are less than 4,000 square feet;
9        (5) the church established its congregation in 1891 and
10    completed construction of the church building in 1990;
11        (6) the premises are located south of the church;
12        (7) the premises and church are located on the same
13    street and are separated by a one-way westbound street; and
14        (8) the principal religious leader of the church has
15    not indicated his or her opposition to the issuance or
16    renewal of the license in writing.
17    (ccc) Notwithstanding any provision of this Section to the
18contrary, nothing in this Section shall prohibit the issuance
19or renewal of a license authorizing the sale of alcoholic
20liquor within a full-service grocery store at premises located
21within a municipality with a population in excess of 1,000,000
22inhabitants and within 100 feet of a church and school if:
23        (1) as of March 14, 2007, the premises are located in a
24    City of Chicago Residential-Business Planned Development
25    No. 1052;
26        (2) the sale of alcoholic liquor is not the principal

 

 

SB2421 Engrossed- 49 -LRB100 17185 RPS 32341 b

1    business carried on by the licensee at the premises;
2        (3) the sale of alcoholic liquor is incidental to the
3    operation of a grocery store and comprises no more than 10%
4    of the total in-store sales;
5        (4) the owner and operator of the grocery store
6    operates at least 10 other grocery stores that have
7    alcoholic liquor licenses within the same municipality;
8        (5) the premises are new construction when the license
9    is first issued;
10        (6) the constructed premises are to be no less than
11    50,000 square feet;
12        (7) the school is a private church-affiliated school;
13        (8) the premises and the property containing the church
14    and church-affiliated school are located on perpendicular
15    streets and the school and church are adjacent to one
16    another;
17        (9) the pastor of the church and school has expressed,
18    in writing, support for the issuance of the license; and
19        (10) the alderman of the ward in which the premises are
20    located has expressed, in writing, his or her support for
21    the issuance of the license.
22    (ddd) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor at premises located within a municipality with a
26population in excess of 1,000,000 inhabitants and within 100

 

 

SB2421 Engrossed- 50 -LRB100 17185 RPS 32341 b

1feet of a church or school if:
2        (1) the business has been issued a license from the
3    municipality to allow the business to operate a theater on
4    the premises;
5        (2) the theater has less than 200 seats;
6        (3) the premises are approximately 2,700 to 3,100
7    square feet of space;
8        (4) the premises are located to the north of the
9    church;
10        (5) the primary entrance of the premises and the
11    primary entrance of any church within 100 feet of the
12    premises are located either on a different street or across
13    a right-of-way from the premises;
14        (6) the primary entrance of the premises and the
15    primary entrance of any school within 100 feet of the
16    premises are located either on a different street or across
17    a right-of-way from the premises;
18        (7) the premises are located in a building that is at
19    least 100 years old; and
20        (8) any church or school located within 100 feet of the
21    premises has indicated its support for the issuance or
22    renewal of the license to the premises in writing.
23    (eee) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor at premises located within a municipality with a

 

 

SB2421 Engrossed- 51 -LRB100 17185 RPS 32341 b

1population in excess of 1,000,000 inhabitants and within 100
2feet of a church and school if:
3        (1) the sale of alcoholic liquor is incidental to the
4    sale of food;
5        (2) the sale of alcoholic liquor is not the principal
6    business carried on by the applicant on the premises;
7        (3) a family-owned restaurant has operated on the
8    premises since 1957;
9        (4) the premises occupy the first floor of a 3-story
10    building that is at least 90 years old;
11        (5) the distance between the property line of the
12    premises and the property line of the church is at least 20
13    feet;
14        (6) the church was established at its current location
15    and the present structure was erected before 1900;
16        (7) the primary entrance of the premises is at least 75
17    feet from the primary entrance of the church;
18        (8) the school is affiliated with the church;
19        (9) the principal religious leader at the place of
20    worship has indicated his or her support for the issuance
21    of the license in writing;
22        (10) the principal of the school has indicated in
23    writing that he or she is not opposed to the issuance of
24    the license; and
25        (11) the alderman of the ward in which the premises are
26    located has expressed, in writing, his or her lack of an

 

 

SB2421 Engrossed- 52 -LRB100 17185 RPS 32341 b

1    objection to the issuance of the license.
2    (fff) Notwithstanding any provision of this Section to the
3contrary, nothing in this Section shall prohibit the issuance
4or renewal of a license authorizing the sale of alcoholic
5liquor at premises located within a municipality with a
6population in excess of 1,000,000 inhabitants and within 100
7feet of a church if:
8        (1) the sale of alcoholic liquor is not the principal
9    business carried on by the licensee at the premises;
10        (2) the sale of alcoholic liquor at the premises is
11    incidental to the operation of a grocery store;
12        (3) the premises are a one-story building containing
13    approximately 10,000 square feet and are rented by the
14    owners of the grocery store;
15        (4) the sale of alcoholic liquor at the premises occurs
16    in a retail area of the grocery store that is approximately
17    3,500 square feet;
18        (5) the grocery store has operated at the location
19    since 1984;
20        (6) the grocery store is closed on Sundays;
21        (7) the property on which the premises are located is a
22    corner lot that is bound by 3 streets and an alley, where
23    one street is a one-way street that runs north-south, one
24    street runs east-west, and one street runs
25    northwest-southeast;
26        (8) the property line of the premises is approximately

 

 

SB2421 Engrossed- 53 -LRB100 17185 RPS 32341 b

1    16 feet from the property line of the building where the
2    church is located;
3        (9) the premises are separated from the building
4    containing the church by a public alley;
5        (10) the primary entrance of the premises and the
6    primary entrance of the church are at least 100 feet apart;
7        (11) representatives of the church have delivered a
8    written statement that the church does not object to the
9    issuance of a license under this subsection (fff); and
10        (12) the alderman of the ward in which the grocery
11    store is located has expressed, in writing, his or her
12    support for the issuance of the license.
13    (ggg) Notwithstanding any provision of this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of licenses authorizing the sale of alcoholic liquor
16within a restaurant or lobby coffee house at premises located
17within a municipality with a population in excess of 1,000,000
18inhabitants and within 100 feet of a church and school if:
19        (1) a residential retirement home formerly operated on
20    the premises and the premises are being converted into a
21    new apartment living complex containing studio and
22    one-bedroom apartments with ground floor retail space;
23        (2) the restaurant and lobby coffee house are located
24    within a Community Shopping District within the
25    municipality;
26        (3) the premises are located in a single-building,

 

 

SB2421 Engrossed- 54 -LRB100 17185 RPS 32341 b

1    mixed-use complex that, in addition to the restaurant and
2    lobby coffee house, contains apartment residences, a
3    fitness center for the residents of the apartment building,
4    a lobby designed as a social center for the residents, a
5    rooftop deck, and a patio with a dog run for the exclusive
6    use of the residents;
7        (4) the sale of alcoholic liquor is not the primary
8    business activity of the apartment complex, restaurant, or
9    lobby coffee house;
10        (5) the entrance to the apartment residence is more
11    than 310 feet from the entrance to the school and church;
12        (6) the entrance to the apartment residence is located
13    at the end of the block around the corner from the south
14    side of the school building;
15        (7) the school is affiliated with the church;
16        (8) the pastor of the parish, principal of the school,
17    and the titleholder to the church and school have given
18    written consent to the issuance of the license;
19        (9) the alderman of the ward in which the premises are
20    located has given written consent to the issuance of the
21    license; and
22        (10) the neighborhood block club has given written
23    consent to the issuance of the license.
24    (hhh) Notwithstanding any provision of this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license to sell alcoholic liquor at premises

 

 

SB2421 Engrossed- 55 -LRB100 17185 RPS 32341 b

1located within a municipality with a population in excess of
21,000,000 inhabitants and within 100 feet of a home for
3indigent persons or a church if:
4        (1) a restaurant operates on the premises and has been
5    in operation since January of 2014;
6        (2) the sale of alcoholic liquor is incidental to the
7    sale of food;
8        (3) the sale of alcoholic liquor is not the principal
9    business carried on by the licensee on the premises;
10        (4) the premises occupy the first floor of a 3-story
11    building that is at least 100 years old;
12        (5) the primary entrance to the premises is more than
13    100 feet from the primary entrance to the home for indigent
14    persons, which opened in 1989 and is operated to address
15    homelessness and provide shelter;
16        (6) the primary entrance to the premises and the
17    primary entrance to the home for indigent persons are
18    located on different streets;
19        (7) the executive director of the home for indigent
20    persons has given written consent to the issuance of the
21    license;
22        (8) the entrance to the premises is located within 100
23    feet of a Buddhist temple;
24        (9) the entrance to the premises is more than 100 feet
25    from where any worship or educational programming is
26    conducted by the Buddhist temple and is located in an area

 

 

SB2421 Engrossed- 56 -LRB100 17185 RPS 32341 b

1    used only for other purposes; and
2        (10) the president and the board of directors of the
3    Buddhist temple have given written consent to the issuance
4    of the license.
5    (iii) Notwithstanding any provision of this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license authorizing the sale of alcoholic
8liquor at premises located within a municipality in excess of
91,000,000 inhabitants and within 100 feet of a home for the
10aged if:
11        (1) the sale of alcoholic liquor is not the principal
12    business carried on by the licensee on the premises;
13        (2) the sale of alcoholic liquor at the premises is
14    incidental to the operation of a restaurant;
15        (3) the premises are on the ground floor of a
16    multi-floor, university-affiliated housing facility;
17        (4) the premises occupy 1,916 square feet of space,
18    with the total square footage from which liquor will be
19    sold, served, and consumed to be 900 square feet;
20        (5) the premises are separated from the home for the
21    aged by an alley;
22        (6) the primary entrance to the premises and the
23    primary entrance to the home for the aged are at least 500
24    feet apart and located on different streets;
25        (7) representatives of the home for the aged have
26    expressed, in writing, that the home does not object to the

 

 

SB2421 Engrossed- 57 -LRB100 17185 RPS 32341 b

1    issuance of a license under this subsection; and
2        (8) the alderman of the ward in which the restaurant is
3    located has expressed, in writing, his or her support for
4    the issuance of the license.
5    (jjj) Notwithstanding any provision of this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license authorizing the sale of alcoholic
8liquor at premises located within a municipality with a
9population in excess of 1,000,000 inhabitants and within 100
10feet of a school if:
11        (1) as of January 1, 2016, the premises were used for
12    the sale of alcoholic liquor for consumption on the
13    premises and were authorized to do so pursuant to a retail
14    tavern license held by an individual as the sole proprietor
15    of the premises;
16        (2) the primary entrance to the school and the primary
17    entrance to the premises are on the same street;
18        (3) the school was founded in 1949;
19        (4) the building in which the premises are situated was
20    constructed before 1930;
21        (5) the building in which the premises are situated is
22    immediately across the street from the school; and
23        (6) the school has not indicated its opposition to the
24    issuance or renewal of the license in writing.
25    (kkk) (Blank).
26    (lll) Notwithstanding any provision of this Section to the

 

 

SB2421 Engrossed- 58 -LRB100 17185 RPS 32341 b

1contrary, nothing in this Section shall prohibit the issuance
2or renewal of a license authorizing the sale of alcoholic
3liquor at premises located within a municipality with a
4population in excess of 1,000,000 inhabitants and within 100
5feet of a synagogue or school if:
6        (1) the sale of alcoholic liquor at the premises is
7    incidental to the sale of food;
8        (2) the sale of alcoholic liquor is not the principal
9    business carried on by the licensee at the premises;
10        (3) the premises are located on the same street on
11    which the synagogue or school is located;
12        (4) the primary entrance to the premises and the
13    closest entrance to the synagogue or school is at least 100
14    feet apart;
15        (5) the shortest distance between the premises and the
16    synagogue or school is at least 65 feet apart and no
17    greater than 70 feet apart;
18        (6) the premises are between 1,800 and 2,000 square
19    feet;
20        (7) the synagogue was founded in 1861; and
21        (8) the leader of the synagogue has indicated, in
22    writing, the synagogue's support for the issuance or
23    renewal of the license.
24    (mmm) Notwithstanding any provision of this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of licenses authorizing the sale of alcoholic liquor

 

 

SB2421 Engrossed- 59 -LRB100 17185 RPS 32341 b

1within a restaurant or lobby coffee house at premises located
2within a municipality with a population in excess of 1,000,000
3inhabitants and within 100 feet of a church if:
4        (1) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (2) the sale of alcoholic liquor at the premises is
7    incidental to the sale of food in a restaurant;
8        (3) the restaurant has been run by the same family for
9    at least 19 consecutive years;
10        (4) the premises are located in a 3-story building in
11    the most easterly part of the first floor;
12        (5) the building in which the premises are located has
13    residential housing on the second and third floors;
14        (6) the primary entrance to the premises is on a
15    north-south street around the corner and across an alley
16    from the primary entrance to the church, which is on an
17    east-west street;
18        (7) the primary entrance to the church and the primary
19    entrance to the premises are more than 160 feet apart; and
20        (8) the church has expressed, in writing, its support
21    for the issuance of a license under this subsection.
22    (nnn) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of licenses authorizing the sale of alcoholic liquor
25within a restaurant or lobby coffee house at premises located
26within a municipality with a population in excess of 1,000,000

 

 

SB2421 Engrossed- 60 -LRB100 17185 RPS 32341 b

1inhabitants and within 100 feet of a school and church or
2synagogue if:
3        (1) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the premises;
5        (2) the sale of alcoholic liquor at the premises is
6    incidental to the sale of food in a restaurant;
7        (3) the front door of the synagogue faces east on the
8    next north-south street east of and parallel to the
9    north-south street on which the restaurant is located where
10    the restaurant's front door faces west;
11        (4) the closest exterior pedestrian entrance that
12    leads to the school or the synagogue is across an east-west
13    street and at least 300 feet from the primary entrance to
14    the restaurant;
15        (5) the nearest church-related or school-related
16    building is a community center building;
17        (6) the restaurant is on the ground floor of a 3-story
18    building constructed in 1896 with a brick façade;
19        (7) the restaurant shares the ground floor with a
20    theater, and the second and third floors of the building in
21    which the restaurant is located consists of residential
22    housing;
23        (8) the leader of the synagogue and school has
24    expressed, in writing, that the synagogue does not object
25    to the issuance of a license under this subsection; and
26        (9) the alderman of the ward in which the premises is

 

 

SB2421 Engrossed- 61 -LRB100 17185 RPS 32341 b

1    located has expressed, in writing, his or her support for
2    the issuance of the license.
3    (ooo) Notwithstanding any provision of this Section to the
4contrary, nothing in this Section shall prohibit the issuance
5or renewal of a license authorizing the sale of alcoholic
6liquor at premises located within a municipality with a
7population in excess of 2,000 but less than 5,000 inhabitants
8in a county with a population in excess of 3,000,000 and within
9100 feet of a home for the aged if:
10        (1) as of March 1, 2016, the premises were used to sell
11    alcohol pursuant to a retail tavern and packaged goods
12    license issued by the municipality and held by a limited
13    liability company as the proprietor of the premises;
14        (2) the home for the aged was completed in 2015;
15        (3) the home for the aged is a 5-story structure;
16        (4) the building in which the premises are situated is
17    directly adjacent to the home for the aged;
18        (5) the building in which the premises are situated was
19    constructed before 1950;
20        (6) the home for the aged has not indicated its
21    opposition to the issuance or renewal of the license; and
22        (7) the president of the municipality has expressed in
23    writing that he or she does not object to the issuance or
24    renewal of the license.
25    (ppp) Notwithstanding any provision of this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

SB2421 Engrossed- 62 -LRB100 17185 RPS 32341 b

1or renewal of a license authorizing the sale of alcoholic
2liquor at premises located within a municipality with a
3population in excess of 1,000,000 inhabitants and within 100
4feet of a church or churches if:
5        (1) the shortest distance between the premises and a
6    church is at least 78 feet apart and no greater than 95
7    feet apart;
8        (2) the premises are a single-story, brick commercial
9    building and between 3,600 to 4,000 square feet and the
10    original building was built before 1922;
11        (3) the premises are located in a B3-2 zoning district;
12        (4) the premises are separated from the buildings
13    containing the churches by a street;
14        (5) the previous owners of the business located on the
15    premises held a liquor license for at least 10 years;
16        (6) the new owner of the business located on the
17    premises has managed 2 other food and liquor stores since
18    1997;
19        (7) the principal religious leaders at the places of
20    worship have indicated their support for the issuance or
21    renewal of the license in writing; and
22        (8) the alderman of the ward in which the premises are
23    located has indicated his or her support for the issuance
24    or renewal of the license in writing.
25    (qqq) Notwithstanding any provision of this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

SB2421 Engrossed- 63 -LRB100 17185 RPS 32341 b

1or renewal of a license authorizing the sale of alcoholic
2liquor at premises located within a municipality with a
3population in excess of 1,000,000 inhabitants and within 100
4feet of a church if:
5        (1) the sale of alcoholic liquor at the premises is
6    incidental to the sale of food;
7        (2) the sale of alcoholic liquor is not the principal
8    business carried on by the licensee at the premises;
9        (3) the premises are located on the opposite side of
10    the same street on which the church is located;
11        (4) the church is located on a corner lot;
12        (5) the shortest distance between the premises and the
13    church is at least 90 feet apart and no greater than 95
14    feet apart;
15        (6) the premises are at least 3,000 but no more than
16    5,000 square feet;
17        (7) the church's original chapel was built in 1858;
18        (8) the church's first congregation was organized in
19    1860; and
20        (9) the leaders of the church and the alderman of the
21    ward in which the premises are located has expressed, in
22    writing, their support for the issuance of the license.
23    (rrr) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor at a restaurant or banquet facility established within

 

 

SB2421 Engrossed- 64 -LRB100 17185 RPS 32341 b

1premises located within a municipality with a population in
2excess of 1,000,000 inhabitants and within 100 feet of a church
3or school if:
4        (1) the sale of alcoholic liquor at the premises is
5    incidental to the sale of food;
6        (2) the sale of alcoholic liquor is not the principal
7    business carried on by the licensee at the premises;
8        (3) the immediately prior owner or the operator of the
9    restaurant or banquet facility held a valid retail license
10    authorizing the sale of alcoholic liquor at the premises
11    for at least part of the 24 months before a change of
12    ownership;
13        (4) the premises are located immediately east and
14    across the street from an elementary school;
15        (5) the premises and elementary school are part of an
16    approximately 100-acre campus owned by the church;
17        (6) the school opened in 1999 and was named after the
18    founder of the church; and
19        (7) the alderman of the ward in which the premises are
20    located has expressed, in writing, his or her support for
21    the issuance of the license.
22    (sss) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor at premises located within a municipality with a
26population in excess of 1,000,000 inhabitants and within 100

 

 

SB2421 Engrossed- 65 -LRB100 17185 RPS 32341 b

1feet of a church or school if:
2        (1) the premises are at least 5,300 square feet and
3    located in a building that was built prior to 1940;
4        (2) the shortest distance between the property line of
5    the premises and the exterior wall of the building in which
6    the church is located is at least 109 feet;
7        (3) the distance between the building in which the
8    church is located and the building in which the premises
9    are located is at least 118 feet;
10        (4) the main entrance to the church faces west and is
11    at least 602 feet from the main entrance of the premises;
12        (5) the shortest distance between the property line of
13    the premises and the property line of the school is at
14    least 177 feet;
15        (6) the applicant has been in business for more than 10
16    years;
17        (7) the principal religious leader of the church has
18    indicated his or her support for the issuance or renewal of
19    the license in writing;
20        (8) the principal of the school has indicated in
21    writing that he or she is not opposed to the issuance of
22    the license; and
23        (9) the alderman of the ward in which the premises are
24    located has expressed, in writing, his or her support for
25    the issuance of the license.
26    (ttt) Notwithstanding any provision of this Section to the

 

 

SB2421 Engrossed- 66 -LRB100 17185 RPS 32341 b

1contrary, nothing in this Section shall prohibit the issuance
2or renewal of a license authorizing the sale of alcoholic
3liquor at premises located within a municipality with a
4population in excess of 1,000,000 inhabitants and within 100
5feet of a church or school if:
6        (1) the premises are at least 59,000 square feet and
7    located in a building that was built prior to 1940;
8        (2) the shortest distance between the west property
9    line of the premises and the exterior wall of the church is
10    at least 99 feet;
11        (3) the distance between the building in which the
12    church is located and the building in which the premises
13    are located is at least 102 feet;
14        (4) the main entrance to the church faces west and is
15    at least 457 feet from the main entrance of the premises;
16        (5) the shortest distance between the property line of
17    the premises and the property line of the school is at
18    least 66 feet;
19        (6) the applicant has been in business for more than 10
20    years;
21        (7) the principal religious leader of the church has
22    indicated his or her support for the issuance or renewal of
23    the license in writing;
24        (8) the principal of the school has indicated in
25    writing that he or she is not opposed to the issuance of
26    the license; and

 

 

SB2421 Engrossed- 67 -LRB100 17185 RPS 32341 b

1        (9) the alderman of the ward in which the premises are
2    located has expressed, in writing, his or her support for
3    the issuance of the license.
4    (uuu) Notwithstanding any provision of this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6or renewal of a license authorizing the sale of alcoholic
7liquor at premises located within a municipality with a
8population in excess of 1,000,000 inhabitants and within 100
9feet of a place of worship if:
10        (1) the sale of liquor is incidental to the sale of
11    food;
12        (2) the premises are at least 7,100 square feet;
13        (3) the shortest distance between the north property
14    line of the premises and the nearest exterior wall of the
15    place of worship is at least 86 feet;
16        (4) the main entrance to the place of worship faces
17    north and is more than 150 feet from the main entrance of
18    the premises;
19        (5) the applicant has been in business for more than 20
20    years at the location;
21        (6) the principal religious leader of the place of
22    worship has indicated his or her support for the issuance
23    or renewal of the license in writing; and
24        (7) the alderman of the ward in which the premises are
25    located has expressed, in writing, his or her support for
26    the issuance of the license.

 

 

SB2421 Engrossed- 68 -LRB100 17185 RPS 32341 b

1    (vvv) Notwithstanding any provision of this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor at premises located within a municipality with a
5population in excess of 1,000,000 inhabitants and within 100
6feet of 2 churches if:
7        (1) as of January 1, 2015, the premises were used for
8    the sale of alcoholic liquor for consumption on the
9    premises and the sale was authorized pursuant to a retail
10    tavern license held by an individual as the sole proprietor
11    of the premises;
12        (2) a primary entrance of the church situated to the
13    south of the premises is located on a street running
14    perpendicular to the street upon which a primary entrance
15    of the premises is situated;
16        (3) the church located to the south of the premises is
17    a 3-story structure that was constructed in 2006;
18        (4) a parking lot separates the premises from the
19    church located to the south of the premises;
20        (5) the building in which the premises are situated was
21    constructed before 1930;
22        (6) the building in which the premises are situated is
23    a 2-story, mixed-use commercial and residential structure
24    containing more than 20,000 total square feet and
25    containing at least 7 residential units on the second floor
26    and 3 commercial units on the first floor;

 

 

SB2421 Engrossed- 69 -LRB100 17185 RPS 32341 b

1        (7) the building in which the premises are situated is
2    immediately adjacent to the church located to the north of
3    the premises;
4        (8) the primary entrance of the church located to the
5    north of the premises and the primary entrance of the
6    premises are located on the same street;
7        (9) the churches have not indicated their opposition to
8    the issuance or renewal of the license in writing; and
9        (10) the alderman of the ward in which the premises are
10    located has expressed, in writing, his or her support for
11    the issuance of the license.
12    (www) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of licenses authorizing the sale of alcoholic liquor
15within a restaurant at premises located within a municipality
16with a population in excess of 1,000,000 inhabitants and within
17100 feet of a school if:
18        (1) the sale of alcoholic liquor is incidental to the
19    sale of food and is not the principal business of the
20    restaurant;
21        (2) the building in which the restaurant is located was
22    constructed in 1909 and is a 2-story structure;
23        (3) the restaurant has been operating continuously
24    since 1962, has been located at the existing premises since
25    1989, and has been owned and operated by the same family,
26    which also operates a deli in a building located

 

 

SB2421 Engrossed- 70 -LRB100 17185 RPS 32341 b

1    immediately to the east and adjacent and connected to the
2    restaurant;
3        (4) the entrance to the restaurant is more than 200
4    feet from the entrance to the school;
5        (5) the building in which the restaurant is located and
6    the building in which the school is located are separated
7    by a traffic-congested major street;
8        (6) the building in which the restaurant is located
9    faces a public park located to the east of the school,
10    cannot be seen from the windows of the school, and is not
11    directly across the street from the school;
12        (7) the school building is located 2 blocks from a
13    major private university;
14        (8) the school is a public school that has
15    pre-kindergarten through eighth grade classes, is an open
16    enrollment school, and has a preschool program that has
17    earned a Gold Circle of Quality award;
18        (9) the local school council has given written consent
19    for the issuance of the liquor license; and
20        (10) the alderman of the ward in which the premises are
21    located has given written consent for the issuance of the
22    liquor license.
23    (xxx) (Blank).
24    (yyy) (sss) Notwithstanding any provision in this Section
25to the contrary, nothing in this Section shall prohibit the
26issuance or renewal of a license authorizing the sale of

 

 

SB2421 Engrossed- 71 -LRB100 17185 RPS 32341 b

1alcoholic liquor at a store that is located within a
2municipality with a population in excess of 1,000,000
3inhabitants and within 100 feet of a church if:
4        (1) the premises are primarily used for the sale of
5    alcoholic liquor;
6        (2) on January 1, 2017, the store was authorized to
7    sell alcoholic liquor pursuant to a package goods liquor
8    license;
9        (3) on January 1, 2017, the store occupied
10    approximately 5,560 square feet and will be expanded to
11    include 440 additional square feet for the purpose of
12    storage;
13        (4) the store was in existence before the church;
14        (5) the building in which the store is located was
15    built in 1956 and is immediately south of the church;
16        (6) the store and church are separated by an east-west
17    street;
18        (7) the owner of the store received his first liquor
19    license in 1986;
20        (8) the church has not indicated its opposition to the
21    issuance or renewal of the license in writing; and
22        (9) the alderman of the ward in which the store is
23    located has expressed his or her support for the issuance
24    or renewal of the license.
25    (zzz) Notwithstanding any provision of this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

SB2421 Engrossed- 72 -LRB100 17185 RPS 32341 b

1or renewal of a license authorizing the sale of alcoholic
2liquor at premises located within a municipality with a
3population in excess of 1,000,000 inhabitants and within 100
4feet of a church if:
5        (1) the shortest distance between the premises and the
6    church is at least 65 feet apart and no greater than 70
7    feet apart;
8        (2) the premises are located on the ground floor of a
9    freestanding, 3-story building of brick construction with
10    2 stories of residential apartments above the premises;
11        (3) the premises are approximately 2,557 square feet;
12        (4) the premises and the church are located on opposite
13    corners and are separated by sidewalks and a street;
14        (5) the sale of alcohol is not the principal business
15    carried on by the licensee at the premises;
16        (6) the pastor of the church has not indicated his or
17    her opposition to the issuance or renewal of the license in
18    writing; and
19        (7) the alderman of the ward in which the premises are
20    located has not indicated his or her opposition to the
21    issuance or renewal of the license in writing.
22(Source: P.A. 99-46, eff. 7-15-15; 99-47, eff. 7-15-15; 99-477,
23eff. 8-27-15; 99-484, eff. 10-30-15; 99-558, eff. 7-15-16;
2499-642, eff. 7-28-16; 99-936, eff. 2-24-17; 100-36, eff.
258-4-17; 100-38, eff. 8-4-17; 100-201, eff. 8-18-17; revised
2610-12-17.)
 

 

 

SB2421 Engrossed- 73 -LRB100 17185 RPS 32341 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.