Rep. Kelly M. Cassidy

Filed: 5/18/2018

 

 


 

 


 
10000SB2421ham001LRB100 17185 SMS 39728 a

1
AMENDMENT TO SENATE BILL 2421

2    AMENDMENT NO. ______. Amend Senate Bill 2421 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1exempted is not located in a municipality of more than 500,000
2persons, unless required by local ordinance; nor to the renewal
3of a license for the sale at retail of alcoholic liquor on
4premises within 100 feet of any church or school where the
5church or school has been established within such 100 feet
6since the issuance of the original license. In the case of a
7church, the distance of 100 feet shall be measured to the
8nearest part of any building used for worship services or
9educational programs and not to property boundaries.
10    (b) Nothing in this Section shall prohibit the issuance of
11a retail license authorizing the sale of alcoholic liquor to a
12restaurant, the primary business of which is the sale of goods
13baked on the premises if (i) the restaurant is newly
14constructed and located on a lot of not less than 10,000 square
15feet, (ii) the restaurant costs at least $1,000,000 to
16construct, (iii) the licensee is the titleholder to the
17premises and resides on the premises, and (iv) the construction
18of the restaurant is completed within 18 months of July 10,
191998 (the effective date of Public Act 90-617).
20    (c) Nothing in this Section shall prohibit the issuance of
21a retail license authorizing the sale of alcoholic liquor
22incidental to a restaurant if (1) the primary business of the
23restaurant consists of the sale of food where the sale of
24liquor is incidental to the sale of food and the applicant is a
25completely new owner of the restaurant, (2) the immediately
26prior owner or operator of the premises where the restaurant is

 

 

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1located operated the premises as a restaurant and held a valid
2retail license authorizing the sale of alcoholic liquor at the
3restaurant for at least part of the 24 months before the change
4of ownership, and (3) the restaurant is located 75 or more feet
5from a school.
6    (d) In the interest of further developing Illinois' economy
7in the area of commerce, tourism, convention, and banquet
8business, nothing in this Section shall prohibit issuance of a
9retail license authorizing the sale of alcoholic beverages to a
10restaurant, banquet facility, grocery store, or hotel having
11not fewer than 150 guest room accommodations located in a
12municipality of more than 500,000 persons, notwithstanding the
13proximity of such hotel, restaurant, banquet facility, or
14grocery store to any church or school, if the licensed premises
15described on the license are located within an enclosed mall or
16building of a height of at least 6 stories, or 60 feet in the
17case of a building that has been registered as a national
18landmark, or in a grocery store having a minimum of 56,010
19square feet of floor space in a single story building in an
20open mall of at least 3.96 acres that is adjacent to a public
21school that opened as a boys technical high school in 1934, or
22in a grocery store having a minimum of 31,000 square feet of
23floor space in a single story building located a distance of
24more than 90 feet but less than 100 feet from a high school
25that opened in 1928 as a junior high school and became a senior
26high school in 1933, and in each of these cases if the sale of

 

 

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1alcoholic liquors is not the principal business carried on by
2the licensee.
3    For purposes of this Section, a "banquet facility" is any
4part of a building that caters to private parties and where the
5sale of alcoholic liquors is not the principal business.
6    (e) Nothing in this Section shall prohibit the issuance of
7a license to a church or private school to sell at retail
8alcoholic liquor if any such sales are limited to periods when
9groups are assembled on the premises solely for the promotion
10of some common object other than the sale or consumption of
11alcoholic liquors.
12    (f) Nothing in this Section shall prohibit a church or
13church affiliated school located in a home rule municipality or
14in a municipality with 75,000 or more inhabitants from locating
15within 100 feet of a property for which there is a preexisting
16license to sell alcoholic liquor at retail. In these instances,
17the local zoning authority may, by ordinance adopted
18simultaneously with the granting of an initial special use
19zoning permit for the church or church affiliated school,
20provide that the 100-foot restriction in this Section shall not
21apply to that church or church affiliated school and future
22retail liquor licenses.
23    (g) Nothing in this Section shall prohibit the issuance of
24a retail license authorizing the sale of alcoholic liquor at
25premises within 100 feet, but not less than 90 feet, of a
26public school if (1) the premises have been continuously

 

 

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1licensed to sell alcoholic liquor for a period of at least 50
2years, (2) the premises are located in a municipality having a
3population of over 500,000 inhabitants, (3) the licensee is an
4individual who is a member of a family that has held the
5previous 3 licenses for that location for more than 25 years,
6(4) the principal of the school and the alderman of the ward in
7which the school is located have delivered a written statement
8to the local liquor control commissioner stating that they do
9not object to the issuance of a license under this subsection
10(g), and (5) the local liquor control commissioner has received
11the written consent of a majority of the registered voters who
12live within 200 feet of the premises.
13    (h) 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 within premises and at an outdoor patio area attached to
17premises that are located in a municipality with a population
18in excess of 300,000 inhabitants and that are within 100 feet
19of a church if:
20        (1) the sale of alcoholic liquor at the premises is
21    incidental to the sale of food,
22        (2) the sale of liquor is not the principal business
23    carried on by the licensee at the premises,
24        (3) the premises are less than 1,000 square feet,
25        (4) the premises are owned by the University of
26    Illinois,

 

 

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1        (5) the premises are immediately adjacent to property
2    owned by a church and are not less than 20 nor more than 40
3    feet from the church space used for worship services, and
4        (6) the principal religious leader at the place of
5    worship has indicated his or her support for the issuance
6    of the license in writing.
7    (i) 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 300,000 inhabitants and is within 100 feet of a
12church, synagogue, or other place of worship if:
13        (1) the primary entrance of the premises and the
14    primary entrance of the church, synagogue, or other place
15    of worship are at least 100 feet apart, on parallel
16    streets, and separated by an alley; and
17        (2) the principal religious leader at the place of
18    worship has not indicated his or her opposition to the
19    issuance or renewal of the license in writing.
20    (j) Notwithstanding any provision in this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22of a retail license authorizing the sale of alcoholic liquor at
23a theater that is within 100 feet of a church if (1) the church
24owns the theater, (2) the church leases the theater to one or
25more entities, and (3) the theater is used by at least 5
26different not-for-profit theater groups.

 

 

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1    (k) Notwithstanding any provision in 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 a premises that is located within a municipality with
5a population in excess of 1,000,000 inhabitants and is within
6100 feet of a school if:
7        (1) the primary entrance of the premises and the
8    primary entrance of the school are parallel, on different
9    streets, and separated by an alley;
10        (2) the southeast corner of the premises are at least
11    350 feet from the southwest corner of the school;
12        (3) the school was built in 1978;
13        (4) the sale of alcoholic liquor at the premises is
14    incidental to the sale of food;
15        (5) the sale of alcoholic liquor is not the principal
16    business carried on by the licensee at the premises;
17        (6) the applicant is the owner of the restaurant and
18    has held a valid license authorizing the sale of alcoholic
19    liquor for the business to be conducted on the premises at
20    a different location for more than 7 years; and
21        (7) the premises is at least 2,300 square feet and sits
22    on a lot that is between 6,100 and 6,150 square feet.
23    (l) Notwithstanding any provision in 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

 

 

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1a population in excess of 1,000,000 inhabitants and is within
2100 feet of a church or school if:
3        (1) the primary entrance of the premises and the
4    closest entrance of the church or school is at least 90
5    feet apart and no greater than 95 feet apart;
6        (2) the shortest distance between the premises and the
7    church or school is at least 80 feet apart and no greater
8    than 85 feet apart;
9        (3) the applicant is the owner of the restaurant and on
10    November 15, 2006 held a valid license authorizing the sale
11    of alcoholic liquor for the business to be conducted on the
12    premises for at least 14 different locations;
13        (4) the sale of alcoholic liquor at the premises is
14    incidental to the sale of food;
15        (5) the sale of alcoholic liquor is not the principal
16    business carried on by the licensee at the premises;
17        (6) the premises is at least 3,200 square feet and sits
18    on a lot that is between 7,150 and 7,200 square feet; and
19        (7) the principal religious leader at the place of
20    worship has not indicated his or her opposition to the
21    issuance or renewal of the license in writing.
22    (m) Notwithstanding any provision in 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 a premises that is located within a municipality with
26a population in excess of 1,000,000 inhabitants and is within

 

 

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1100 feet of a church if:
2        (1) the premises and the church are perpendicular, and
3    the primary entrance of the premises faces South while the
4    primary entrance of the church faces West and the distance
5    between the two entrances is more than 100 feet;
6        (2) the shortest distance between the premises lot line
7    and the exterior wall of the church is at least 80 feet;
8        (3) the church was established at the current location
9    in 1916 and the present structure was erected in 1925;
10        (4) the premises is a single story, single use building
11    with at least 1,750 square feet and no more than 2,000
12    square feet;
13        (5) the sale of alcoholic liquor at the premises is
14    incidental to the sale of food;
15        (6) the sale of alcoholic liquor is not the principal
16    business carried on by the licensee at the premises; and
17        (7) the principal religious leader at the place of
18    worship has not indicated his or her opposition to the
19    issuance or renewal of the license in writing.
20    (n) 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 school is a City of Chicago School District 299

 

 

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1    school;
2        (2) the school is located within subarea E of City of
3    Chicago Residential Business Planned Development Number
4    70;
5        (3) the sale of alcoholic liquor is not the principal
6    business carried on by the licensee on the premises;
7        (4) the sale of alcoholic liquor at the premises is
8    incidental to the sale of food; and
9        (5) the administration of City of Chicago School
10    District 299 has expressed, in writing, its support for the
11    issuance of the license.
12    (o) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a retail license authorizing the sale of
15alcoholic liquor at a premises that is located within a
16municipality in excess of 1,000,000 inhabitants and within 100
17feet of a church if:
18        (1) the sale of alcoholic liquor at the premises is
19    incidental to the sale of food;
20        (2) the sale of alcoholic liquor is not the principal
21    business carried on by the licensee at the premises;
22        (3) the premises is located on a street that runs
23    perpendicular to the street on which the church is located;
24        (4) the primary entrance of the premises is at least
25    100 feet from the primary entrance of the church;
26        (5) the shortest distance between any part of the

 

 

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1    premises and any part of the church is at least 60 feet;
2        (6) the premises is between 3,600 and 4,000 square feet
3    and sits on a lot that is between 3,600 and 4,000 square
4    feet; and
5        (7) the premises was built in the year 1909.
6    For purposes of this subsection (o), "premises" means a
7place of business together with a privately owned outdoor
8location that is adjacent to the place of business.
9    (p) Notwithstanding any provision in this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor at a premises that is located within a municipality with
13a population in excess of 1,000,000 inhabitants and within 100
14feet of a church if:
15        (1) the shortest distance between the backdoor of the
16    premises, which is used as an emergency exit, and the
17    church is at least 80 feet;
18        (2) the church was established at the current location
19    in 1889; and
20        (3) liquor has been sold on the premises since at least
21    1985.
22    (q) 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 within a premises that is located in a municipality with
26a population in excess of 1,000,000 inhabitants and within 100

 

 

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1feet of a church-owned property if:
2        (1) the premises is located within a larger building
3    operated as a grocery store;
4        (2) the area of the premises does not exceed 720 square
5    feet and the area of the larger building exceeds 18,000
6    square feet;
7        (3) the larger building containing the premises is
8    within 100 feet of the nearest property line of a
9    church-owned property on which a church-affiliated school
10    is located;
11        (4) the sale of liquor is not the principal business
12    carried on within the larger building;
13        (5) the primary entrance of the larger building and the
14    premises and the primary entrance of the church-affiliated
15    school are on different, parallel streets, and the distance
16    between the 2 primary entrances is more than 100 feet;
17        (6) the larger building is separated from the
18    church-owned property and church-affiliated school by an
19    alley;
20        (7) the larger building containing the premises and the
21    church building front are on perpendicular streets and are
22    separated by a street; and
23        (8) (Blank).
24    (r) Notwithstanding any provision of this Section to the
25contrary, nothing in this Section shall prohibit the issuance,
26renewal, or maintenance of a license authorizing the sale of

 

 

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1alcoholic liquor incidental to the sale of food within a
2restaurant established in a premises that is located in a
3municipality with a population in excess of 1,000,000
4inhabitants and within 100 feet of a church if:
5        (1) the primary entrance of the church and the primary
6    entrance of the restaurant are at least 100 feet apart;
7        (2) the restaurant has operated on the ground floor and
8    lower level of a multi-story, multi-use building for more
9    than 40 years;
10        (3) the primary business of the restaurant consists of
11    the sale of food where the sale of liquor is incidental to
12    the sale of food;
13        (4) the sale of alcoholic liquor is conducted primarily
14    in the below-grade level of the restaurant to which the
15    only public access is by a staircase located inside the
16    restaurant; and
17        (5) the restaurant has held a license authorizing the
18    sale of alcoholic liquor on the premises for more than 40
19    years.
20    (s) Notwithstanding any provision of this Section to the
21contrary, nothing in this Section shall prohibit renewal of a
22license authorizing the sale of alcoholic liquor at a premises
23that is located within a municipality with a population more
24than 5,000 and less than 10,000 and is within 100 feet of a
25church if:
26        (1) the church was established at the location within

 

 

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1    100 feet of the premises after a license for the sale of
2    alcoholic liquor at the premises was first issued;
3        (2) a license for sale of alcoholic liquor at the
4    premises was first issued before January 1, 2007; and
5        (3) a license for the sale of alcoholic liquor on the
6    premises has been continuously in effect since January 1,
7    2007, except for interruptions between licenses of no more
8    than 90 days.
9    (t) Notwithstanding any provision of this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor incidental to the sale of food within a restaurant that
13is established in a premises that is located in a municipality
14with a population in excess of 1,000,000 inhabitants and within
15100 feet of a school and a church if:
16        (1) the restaurant is located inside a five-story
17    building with over 16,800 square feet of commercial space;
18        (2) the area of the premises does not exceed 31,050
19    square feet;
20        (3) the area of the restaurant does not exceed 5,800
21    square feet;
22        (4) the building has no less than 78 condominium units;
23        (5) the construction of the building in which the
24    restaurant is located was completed in 2006;
25        (6) the building has 10 storefront properties, 3 of
26    which are used for the restaurant;

 

 

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1        (7) the restaurant will open for business in 2010;
2        (8) the building is north of the school and separated
3    by an alley; and
4        (9) the principal religious leader of the church and
5    either the alderman of the ward in which the school is
6    located or the principal of the school have delivered a
7    written statement to the local liquor control commissioner
8    stating that he or she does not object to the issuance of a
9    license under this subsection (t).
10    (u) Notwithstanding any provision in this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license to sell alcoholic liquor at a premises
13that is located within a municipality with a population in
14excess of 1,000,000 inhabitants and within 100 feet of a school
15if:
16        (1) the premises operates as a restaurant and has been
17    in operation since February 2008;
18        (2) the applicant is the owner of the premises;
19        (3) the sale of alcoholic liquor is incidental to the
20    sale of food;
21        (4) the sale of alcoholic liquor is not the principal
22    business carried on by the licensee on the premises;
23        (5) the premises occupy the first floor of a 3-story
24    building that is at least 90 years old;
25        (6) the rear lot of the school and the rear corner of
26    the building that the premises occupy are separated by an

 

 

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1    alley;
2        (7) the distance from the southwest corner of the
3    property line of the school and the northeast corner of the
4    building that the premises occupy is at least 16 feet, 5
5    inches;
6        (8) the distance from the rear door of the premises to
7    the southwest corner of the property line of the school is
8    at least 93 feet;
9        (9) the school is a City of Chicago School District 299
10    school;
11        (10) the school's main structure was erected in 1902
12    and an addition was built to the main structure in 1959;
13    and
14        (11) the principal of the school and the alderman in
15    whose district the premises are located have expressed, in
16    writing, their support for the issuance of the license.
17    (v) Notwithstanding any provision in this Section to the
18contrary, nothing in this Section shall prohibit the issuance
19or renewal of a license authorizing the sale of alcoholic
20liquor at a premises that is located within a municipality with
21a population in excess of 1,000,000 inhabitants and is within
22100 feet of a school if:
23        (1) the total land area of the premises for which the
24    license or renewal is sought is more than 600,000 square
25    feet;
26        (2) the premises for which the license or renewal is

 

 

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1    sought has more than 600 parking stalls;
2        (3) the total area of all buildings on the premises for
3    which the license or renewal is sought exceeds 140,000
4    square feet;
5        (4) the property line of the premises for which the
6    license or renewal is sought is separated from the property
7    line of the school by a street;
8        (5) the distance from the school's property line to the
9    property line of the premises for which the license or
10    renewal is sought is at least 60 feet;
11        (6) as of June 14, 2011 (the effective date of Public
12    Act 97-9), the premises for which the license or renewal is
13    sought is located in the Illinois Medical District.
14    (w) Notwithstanding any provision in this Section to the
15contrary, nothing in this Section shall prohibit the issuance
16or renewal of a license to sell alcoholic liquor at a premises
17that is located within a municipality with a population in
18excess of 1,000,000 inhabitants and within 100 feet of a church
19if:
20        (1) the sale of alcoholic liquor at the premises is
21    incidental to the sale of food;
22        (2) the sale of alcoholic liquor is not the principal
23    business carried on by the licensee at the premises;
24        (3) the premises occupy the first floor and basement of
25    a 2-story building that is 106 years old;
26        (4) the premises is at least 7,000 square feet and

 

 

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1    located on a lot that is at least 11,000 square feet;
2        (5) the premises is located directly west of the
3    church, on perpendicular streets, and separated by an
4    alley;
5        (6) the distance between the property line of the
6    premises and the property line of the church is at least 20
7    feet;
8        (7) the distance between the primary entrance of the
9    premises and the primary entrance of the church is at least
10    130 feet; and
11        (8) the church has been at its location for at least 40
12    years.
13    (x) 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 at a premises that is located within a municipality with
17a population in excess of 1,000,000 inhabitants and within 100
18feet of a church if:
19        (1) the sale of alcoholic liquor is not the principal
20    business carried on by the licensee at the premises;
21        (2) the church has been operating in its current
22    location since 1973;
23        (3) the premises has been operating in its current
24    location since 1988;
25        (4) the church and the premises are owned by the same
26    parish;

 

 

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1        (5) the premises is used for cultural and educational
2    purposes;
3        (6) the primary entrance to the premises and the
4    primary entrance to the church are located on the same
5    street;
6        (7) the principal religious leader of the church has
7    indicated his support of the issuance of the license;
8        (8) the premises is a 2-story building of approximately
9    23,000 square feet; and
10        (9) the premises houses a ballroom on its ground floor
11    of approximately 5,000 square feet.
12    (y) 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 school if:
18        (1) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (2) the sale of alcoholic liquor at the premises is
21    incidental to the sale of food;
22        (3) according to the municipality, the distance
23    between the east property line of the premises and the west
24    property line of the school is 97.8 feet;
25        (4) the school is a City of Chicago School District 299
26    school;

 

 

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1        (5) the school has been operating since 1959;
2        (6) the primary entrance to the premises and the
3    primary entrance to the school are located on the same
4    street;
5        (7) the street on which the entrances of the premises
6    and the school are located is a major diagonal
7    thoroughfare;
8        (8) the premises is a single-story building of
9    approximately 2,900 square feet; and
10        (9) the premises is used for commercial purposes only.
11    (z) Notwithstanding any provision of this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license authorizing the sale of alcoholic
14liquor at a premises that is located within a municipality with
15a population in excess of 1,000,000 inhabitants and within 100
16feet of a mosque if:
17        (1) the sale of alcoholic liquor is not the principal
18    business carried on by the licensee at the premises;
19        (2) the licensee shall only sell packaged liquors at
20    the premises;
21        (3) the licensee is a national retail chain having over
22    100 locations within the municipality;
23        (4) the licensee has over 8,000 locations nationwide;
24        (5) the licensee has locations in all 50 states;
25        (6) the premises is located in the North-East quadrant
26    of the municipality;

 

 

10000SB2421ham001- 21 -LRB100 17185 SMS 39728 a

1        (7) the premises is a free-standing building that has
2    "drive-through" pharmacy service;
3        (8) the premises has approximately 14,490 square feet
4    of retail space;
5        (9) the premises has approximately 799 square feet of
6    pharmacy space;
7        (10) the premises is located on a major arterial street
8    that runs east-west and accepts truck traffic; and
9        (11) the alderman of the ward in which the premises is
10    located has expressed, in writing, his or her support for
11    the issuance of the license.
12    (aa) 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 on by the licensee at the premises;
20        (2) the licensee shall only sell packaged liquors at
21    the premises;
22        (3) the licensee is a national retail chain having over
23    100 locations within the municipality;
24        (4) the licensee has over 8,000 locations nationwide;
25        (5) the licensee has locations in all 50 states;
26        (6) the premises is located in the North-East quadrant

 

 

10000SB2421ham001- 22 -LRB100 17185 SMS 39728 a

1    of the municipality;
2        (7) the premises is located across the street from a
3    national grocery chain outlet;
4        (8) the premises has approximately 16,148 square feet
5    of retail space;
6        (9) the premises has approximately 992 square feet of
7    pharmacy space;
8        (10) the premises is located on a major arterial street
9    that runs north-south and accepts truck traffic; and
10        (11) the alderman of the ward in which the premises is
11    located has expressed, in writing, his or her support for
12    the issuance of the license.
13    (bb) 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 at a premises that is located within a municipality with
17a population in excess of 1,000,000 inhabitants and within 100
18feet of a church if:
19        (1) the sale of alcoholic liquor is not the principal
20    business carried on by the licensee at the premises;
21        (2) the sale of alcoholic liquor at the premises is
22    incidental to the sale of food;
23        (3) the primary entrance to the premises and the
24    primary entrance to the church are located on the same
25    street;
26        (4) the premises is across the street from the church;

 

 

10000SB2421ham001- 23 -LRB100 17185 SMS 39728 a

1        (5) the street on which the premises and the church are
2    located is a major arterial street that runs east-west;
3        (6) the church is an elder-led and Bible-based Assyrian
4    church;
5        (7) the premises and the church are both single-story
6    buildings;
7        (8) the storefront directly west of the church is being
8    used as a restaurant; and
9        (9) the distance between the northern-most property
10    line of the premises and the southern-most property line of
11    the church is 65 feet.
12    (cc) 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 school if:
18        (1) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (2) the licensee shall only sell packaged liquors at
21    the premises;
22        (3) the licensee is a national retail chain;
23        (4) as of October 25, 2011, the licensee has 1,767
24    stores operating nationwide, 87 stores operating in the
25    State, and 10 stores operating within the municipality;
26        (5) the licensee shall occupy approximately 124,000

 

 

10000SB2421ham001- 24 -LRB100 17185 SMS 39728 a

1    square feet of space in the basement and first and second
2    floors of a building located across the street from a
3    school;
4        (6) the school opened in August of 2009 and occupies
5    approximately 67,000 square feet of space; and
6        (7) the building in which the premises shall be located
7    has been listed on the National Register of Historic Places
8    since April 17, 1970.
9    (dd) Notwithstanding any provision in this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor within a full-service grocery store at a premises that
13is located within a municipality with a population in excess of
141,000,000 inhabitants and is within 100 feet of a school if:
15        (1) the premises is constructed on land that was
16    purchased from the municipality at a fair market price;
17        (2) the premises is constructed on land that was
18    previously used as a parking facility for public safety
19    employees;
20        (3) the sale of alcoholic liquor is not the principal
21    business carried on by the licensee at the premises;
22        (4) the main entrance to the store is more than 100
23    feet from the main entrance to the school;
24        (5) the premises is to be new construction;
25        (6) the school is a private school;
26        (7) the principal of the school has given written

 

 

10000SB2421ham001- 25 -LRB100 17185 SMS 39728 a

1    approval for the license;
2        (8) the alderman of the ward where the premises is
3    located has given written approval of the issuance of the
4    license;
5        (9) the grocery store level of the premises is between
6    60,000 and 70,000 square feet; and
7        (10) the owner and operator of the grocery store
8    operates 2 other grocery stores that have alcoholic liquor
9    licenses within the same municipality.
10    (ee) 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 within a full-service grocery store at a premises that
14is located within a municipality with a population in excess of
151,000,000 inhabitants and is within 100 feet of a school if:
16        (1) the premises is constructed on land that once
17    contained an industrial steel facility;
18        (2) the premises is located on land that has undergone
19    environmental remediation;
20        (3) the premises is located within a retail complex
21    containing retail stores where some of the stores sell
22    alcoholic beverages;
23        (4) the principal activity of any restaurant in the
24    retail complex is the sale of food, and the sale of
25    alcoholic liquor is incidental to the sale of food;
26        (5) the sale of alcoholic liquor is not the principal

 

 

10000SB2421ham001- 26 -LRB100 17185 SMS 39728 a

1    business carried on by the grocery store;
2        (6) the entrance to any business that sells alcoholic
3    liquor is more than 100 feet from the entrance to the
4    school;
5        (7) the alderman of the ward where the premises is
6    located has given written approval of the issuance of the
7    license; and
8        (8) the principal of the school has given written
9    consent to the issuance of the license.
10    (ff) 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 school if:
16        (1) the sale of alcoholic liquor is not the principal
17    business carried on at the premises;
18        (2) the sale of alcoholic liquor at the premises is
19    incidental to the operation of a theater;
20        (3) the premises is a one and one-half-story building
21    of approximately 10,000 square feet;
22        (4) the school is a City of Chicago School District 299
23    school;
24        (5) the primary entrance of the premises and the
25    primary entrance of the school are at least 300 feet apart
26    and no more than 400 feet apart;

 

 

10000SB2421ham001- 27 -LRB100 17185 SMS 39728 a

1        (6) the alderman of the ward in which the premises is
2    located has expressed, in writing, his support for the
3    issuance of the license; and
4        (7) the principal of the school has expressed, in
5    writing, that there is no objection to the issuance of a
6    license under this subsection (ff).
7    (gg) Notwithstanding any provision of this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license authorizing the sale of alcoholic
10liquor incidental to the sale of food within a restaurant or
11banquet facility established in a premises that is located in a
12municipality with a population in excess of 1,000,000
13inhabitants and within 100 feet of a church if:
14        (1) the sale of alcoholic liquor is not the principal
15    business carried on by the licensee at the premises;
16        (2) the property on which the church is located and the
17    property on which the premises are located are both within
18    a district originally listed on the National Register of
19    Historic Places on February 14, 1979;
20        (3) the property on which the premises are located
21    contains one or more multi-story buildings that are at
22    least 95 years old and have no more than three stories;
23        (4) the building in which the church is located is at
24    least 120 years old;
25        (5) the property on which the church is located is
26    immediately adjacent to and west of the property on which

 

 

10000SB2421ham001- 28 -LRB100 17185 SMS 39728 a

1    the premises are located;
2        (6) the western boundary of the property on which the
3    premises are located is no less than 118 feet in length and
4    no more than 122 feet in length;
5        (7) as of December 31, 2012, both the church property
6    and the property on which the premises are located are
7    within 250 feet of City of Chicago Business-Residential
8    Planned Development Number 38;
9        (8) the principal religious leader at the place of
10    worship has indicated his or her support for the issuance
11    of the license in writing; and
12        (9) the alderman in whose district the premises are
13    located has expressed his or her support for the issuance
14    of the license in writing.
15    For the purposes of this subsection, "banquet facility"
16means the part of the building that is located on the floor
17above a restaurant and caters to private parties and where the
18sale of alcoholic liquors is not the principal business.
19    (hh) Notwithstanding any provision of this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of a license authorizing the sale of alcoholic
22liquor within a hotel and at an outdoor patio area attached to
23the hotel that are located in a municipality with a population
24in excess of 1,000,000 inhabitants and that are within 100 feet
25of a hospital if:
26        (1) the sale of alcoholic liquor is not the principal

 

 

10000SB2421ham001- 29 -LRB100 17185 SMS 39728 a

1    business carried on by the licensee at the hotel;
2        (2) the hotel is located within the City of Chicago
3    Business Planned Development Number 468; and
4        (3) the hospital is located within the City of Chicago
5    Institutional Planned Development Number 3.
6    (ii) 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 a restaurant and at an outdoor patio area
10attached to the restaurant that are located in a municipality
11with a population in excess of 1,000,000 inhabitants and that
12are within 100 feet of a church if:
13        (1) the sale of alcoholic liquor at the premises is not
14    the principal business carried on by the licensee and is
15    incidental to the sale of food;
16        (2) the restaurant has been operated on the street
17    level of a 2-story building located on a corner lot since
18    2008;
19        (3) the restaurant is between 3,700 and 4,000 square
20    feet and sits on a lot that is no more than 6,200 square
21    feet;
22        (4) the primary entrance to the restaurant and the
23    primary entrance to the church are located on the same
24    street;
25        (5) the street on which the restaurant and the church
26    are located is a major east-west street;

 

 

10000SB2421ham001- 30 -LRB100 17185 SMS 39728 a

1        (6) the restaurant and the church are separated by a
2    one-way northbound street;
3        (7) the church is located to the west of and no more
4    than 65 feet from the restaurant; and
5        (8) the principal religious leader at the place of
6    worship has indicated his or her consent to the issuance of
7    the license in writing.
8    (jj) Notwithstanding any provision of this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10or renewal of a license authorizing the sale of alcoholic
11liquor at premises located within a municipality with a
12population in excess of 1,000,000 inhabitants and within 100
13feet of a church if:
14        (1) the sale of alcoholic liquor is not the principal
15    business carried on by the licensee at the premises;
16        (2) the sale of alcoholic liquor is incidental to the
17    sale of food;
18        (3) the premises are located east of the church, on
19    perpendicular streets, and separated by an alley;
20        (4) the distance between the primary entrance of the
21    premises and the primary entrance of the church is at least
22    175 feet;
23        (5) the distance between the property line of the
24    premises and the property line of the church is at least 40
25    feet;
26        (6) the licensee has been operating at the premises

 

 

10000SB2421ham001- 31 -LRB100 17185 SMS 39728 a

1    since 2012;
2        (7) the church was constructed in 1904;
3        (8) 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; and
6        (9) the principal religious leader of the church has
7    delivered a written statement that he or she does not
8    object to the issuance of a license under this subsection
9    (jj).
10    (kk) 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 school if:
16        (1) the sale of alcoholic liquor is not the principal
17    business carried on by the licensee at the premises;
18        (2) the licensee shall only sell packaged liquors on
19    the premises;
20        (3) the licensee is a national retail chain;
21        (4) as of February 27, 2013, the licensee had 1,778
22    stores operating nationwide, 89 operating in this State,
23    and 11 stores operating within the municipality;
24        (5) the licensee shall occupy approximately 169,048
25    square feet of space within a building that is located
26    across the street from a tuition-based preschool; and

 

 

10000SB2421ham001- 32 -LRB100 17185 SMS 39728 a

1        (6) the alderman of the ward in which the premises is
2    located has expressed, in writing, his or her support for
3    the issuance of the license.
4    (ll) 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 school 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 on
13    the premises;
14        (3) the licensee is a national retail chain;
15        (4) as of February 27, 2013, the licensee had 1,778
16    stores operating nationwide, 89 operating in this State,
17    and 11 stores operating within the municipality;
18        (5) the licensee shall occupy approximately 191,535
19    square feet of space within a building that is located
20    across the street from an elementary school; and
21        (6) the alderman of the ward in which the premises is
22    located has expressed, in writing, his or her support for
23    the issuance of the license.
24    (mm) 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

 

 

10000SB2421ham001- 33 -LRB100 17185 SMS 39728 a

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

 

 

10000SB2421ham001- 34 -LRB100 17185 SMS 39728 a

1        (2) the sale of alcoholic liquor at the premises is
2    incidental to the operation of a theater;
3        (3) the premises are a building that was constructed in
4    1913 and opened on May 24, 1915 as a vaudeville theater,
5    and the premises were converted to a motion picture theater
6    in 1935;
7        (4) the church was constructed in 1889 with a stone
8    exterior;
9        (5) the primary entrance of the premises and the
10    primary entrance of the church are at least 100 feet apart;
11        (6) the principal religious leader at the place of
12    worship has indicated his or her consent to the issuance of
13    the license in writing; and
14        (7) the alderman in whose ward the premises are located
15    has expressed his or her support for the issuance of the
16    license in writing.
17    (oo) 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 at a premises that is located within a municipality with
21a population in excess of 1,000,000 inhabitants and within 100
22feet of a mosque, church, or other place of worship if:
23        (1) the primary entrance of the premises and the
24    primary entrance of the mosque, church, or other place of
25    worship are perpendicular and are on different streets;
26        (2) the primary entrance to the premises faces West and

 

 

10000SB2421ham001- 35 -LRB100 17185 SMS 39728 a

1    the primary entrance to the mosque, church, or other place
2    of worship faces South;
3        (3) the distance between the 2 primary entrances is at
4    least 100 feet;
5        (4) the mosque, church, or other place of worship was
6    established in a location within 100 feet of the premises
7    after a license for the sale of alcohol at the premises was
8    first issued;
9        (5) the mosque, church, or other place of worship was
10    established on or around January 1, 2011;
11        (6) a license for the sale of alcohol at the premises
12    was first issued on or before January 1, 1985;
13        (7) a license for the sale of alcohol at the premises
14    has been continuously in effect since January 1, 1985,
15    except for interruptions between licenses of no more than
16    90 days; and
17        (8) the premises are a single-story, single-use
18    building of at least 3,000 square feet and no more than
19    3,380 square feet.
20    (pp) Notwithstanding any provision of this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license authorizing the sale of alcoholic
23liquor incidental to the sale of food within a restaurant or
24banquet facility established on premises that are located in a
25municipality with a population in excess of 1,000,000
26inhabitants and within 100 feet of at least one church if:

 

 

10000SB2421ham001- 36 -LRB100 17185 SMS 39728 a

1        (1) the sale of liquor shall not be the principal
2    business carried on by the licensee at the premises;
3        (2) the premises are at least 2,000 square feet and no
4    more than 10,000 square feet and is located in a
5    single-story building;
6        (3) the property on which the premises are located is
7    within an area that, as of 2009, was designated as a
8    Renewal Community by the United States Department of
9    Housing and Urban Development;
10        (4) the property on which the premises are located and
11    the properties on which the churches are located are on the
12    same street;
13        (5) the property on which the premises are located is
14    immediately adjacent to and east of the property on which
15    at least one of the churches is located;
16        (6) the property on which the premises are located is
17    across the street and southwest of the property on which
18    another church is located;
19        (7) the principal religious leaders of the churches
20    have indicated their support for the issuance of the
21    license in writing; and
22        (8) the alderman in whose ward the premises are located
23    has expressed his or her support for the issuance of the
24    license in writing.
25    For purposes of this subsection (pp), "banquet facility"
26means the part of the building that caters to private parties

 

 

10000SB2421ham001- 37 -LRB100 17185 SMS 39728 a

1and where the sale of alcoholic liquors is not the principal
2business.
3    (qq) 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 on premises that are located within a municipality with
7a population in excess of 1,000,000 inhabitants and within 100
8feet of a church or school if:
9        (1) the primary entrance of the premises and the
10    closest entrance of the church or school are at least 200
11    feet apart and no greater than 300 feet apart;
12        (2) the shortest distance between the premises and the
13    church or school is at least 66 feet apart and no greater
14    than 81 feet apart;
15        (3) the premises are a single-story, steel-framed
16    commercial building with at least 18,042 square feet, and
17    was constructed in 1925 and 1997;
18        (4) the owner of the business operated within the
19    premises has been the general manager of a similar
20    supermarket within one mile from the premises, which has
21    had a valid license authorizing the sale of alcoholic
22    liquor since 2002, and is in good standing with the City of
23    Chicago;
24        (5) the principal religious leader at the place of
25    worship has indicated his or her support to the issuance or
26    renewal of the license in writing;

 

 

10000SB2421ham001- 38 -LRB100 17185 SMS 39728 a

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

 

 

10000SB2421ham001- 39 -LRB100 17185 SMS 39728 a

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

 

 

10000SB2421ham001- 40 -LRB100 17185 SMS 39728 a

1    premises and any part of the church is at least 72 feet;
2        (8) the building in which the restaurant is located was
3    built in 1910;
4        (9) the alderman of the ward in which the premises are
5    located has expressed, in writing, his or her support for
6    the issuance of the license; and
7        (10) the principal religious leader of the church has
8    delivered a written statement that he or she does not
9    object to the issuance of a license under this subsection
10    (ss).
11    (tt) Notwithstanding any provision of this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license authorizing the sale of alcoholic
14liquor at premises located within a municipality with a
15population in excess of 1,000,000 inhabitants and within 100
16feet of a church if:
17        (1) the sale of alcoholic liquor is not the principal
18    business carried on by the licensee at the premises;
19        (2) the sale of alcoholic liquor is incidental to the
20    sale of food;
21        (3) the sale of alcoholic liquor at the premises was
22    previously authorized by a package goods liquor license;
23        (4) the premises are at least 40,000 square feet with
24    25 parking spaces in the contiguous surface lot to the
25    north of the store and 93 parking spaces on the roof;
26        (5) the shortest distance between the lot line of the

 

 

10000SB2421ham001- 41 -LRB100 17185 SMS 39728 a

1    parking lot of the premises and the exterior wall of the
2    church is at least 80 feet;
3        (6) the distance between the building in which the
4    church is located and the building in which the premises
5    are located is at least 180 feet;
6        (7) the main entrance to the church faces west and is
7    at least 257 feet from the main entrance of the premises;
8    and
9        (8) the applicant is the owner of 10 similar grocery
10    stores within the City of Chicago and the surrounding area
11    and has been in business for more than 30 years.
12    (uu) 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 church if:
18        (1) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (2) the sale of alcoholic liquor is incidental to the
21    operation of a grocery store;
22        (3) the premises are located in a building that is
23    approximately 68,000 square feet with 157 parking spaces on
24    property that was previously vacant land;
25        (4) the main entrance to the church faces west and is
26    at least 500 feet from the entrance of the premises, which

 

 

10000SB2421ham001- 42 -LRB100 17185 SMS 39728 a

1    faces north;
2        (5) the church and the premises are separated by an
3    alley;
4        (6) the applicant is the owner of 9 similar grocery
5    stores in the City of Chicago and the surrounding area and
6    has been in business for more than 40 years; and
7        (7) the alderman of the ward in which the premises are
8    located has expressed, in writing, his or her support for
9    the issuance of the license.
10    (vv) 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 premises located within a municipality with a
14population in excess of 1,000,000 inhabitants and within 100
15feet of a church if:
16        (1) the sale of alcoholic liquor is the principal
17    business carried on by the licensee at the premises;
18        (2) the sale of alcoholic liquor is primary to the sale
19    of food;
20        (3) the premises are located south of the church and on
21    perpendicular streets and are separated by a driveway;
22        (4) the primary entrance of the premises is at least
23    100 feet from the primary entrance of the church;
24        (5) the shortest distance between any part of the
25    premises and any part of the church is at least 15 feet;
26        (6) the premises are less than 100 feet from the church

 

 

10000SB2421ham001- 43 -LRB100 17185 SMS 39728 a

1    center, but greater than 100 feet from the area within the
2    building where church services are held;
3        (7) the premises are 25,830 square feet and sit on a
4    lot that is 0.48 acres;
5        (8) the premises were once designated as a Korean
6    American Presbyterian Church and were once used as a
7    Masonic Temple;
8        (9) the premises were built in 1910;
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; and
12        (11) the principal religious leader of the church has
13    delivered a written statement that he or she does not
14    object to the issuance of a license under this subsection
15    (vv).
16    For the purposes of this subsection (vv), "premises" means
17a place of business together with a privately owned outdoor
18location that is adjacent to the place of business.
19    (ww) Notwithstanding any provision of this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of a license authorizing the sale of alcoholic
22liquor at premises located within a municipality with a
23population in excess of 1,000,000 inhabitants and within 100
24feet of a school if:
25        (1) the school is located within Sub Area III of City
26    of Chicago Residential-Business Planned Development Number

 

 

10000SB2421ham001- 44 -LRB100 17185 SMS 39728 a

1    523, as amended; and
2        (2) the premises are located within Sub Area I, Sub
3    Area II, or Sub Area IV of City of Chicago
4    Residential-Business Planned Development Number 523, as
5    amended.
6    (xx) 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 premises located within a municipality with a
10population in excess of 1,000,000 inhabitants and within 100
11feet of a church if:
12        (1) the sale of wine or wine-related products is the
13    exclusive business carried on by the licensee at the
14    premises;
15        (2) the primary entrance of the premises and the
16    primary entrance of the church are at least 100 feet apart
17    and are located on different streets;
18        (3) the building in which the premises are located and
19    the building in which the church is located are separated
20    by an alley;
21        (4) the premises consists of less than 2,000 square
22    feet of floor area dedicated to the sale of wine or
23    wine-related products;
24        (5) the premises are located on the first floor of a
25    2-story building that is at least 99 years old and has a
26    residential unit on the second floor; and

 

 

10000SB2421ham001- 45 -LRB100 17185 SMS 39728 a

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

 

 

10000SB2421ham001- 46 -LRB100 17185 SMS 39728 a

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 premises are a 15-story hotel containing 143
6    guest rooms;
7        (2) the premises are approximately 85,691 square feet;
8        (3) a restaurant is operated on the premises;
9        (4) the restaurant is located in the first floor lobby
10    of the hotel;
11        (5) the sale of alcoholic liquor is not the principal
12    business carried on by the licensee at the premises;
13        (6) the hotel is located approximately 50 feet from the
14    church and is separated from the church by a public street
15    on the ground level and by air space on the upper level,
16    which is where the public entrances are located;
17        (7) the site is zoned as DX-16;
18        (8) the principal religious leader of the church has
19    delivered a written statement that he or she does not
20    object to the issuance of a license under this subsection
21    (zz); and
22        (9) the alderman of the ward in which the premises are
23    located has expressed, in writing, his or her support for
24    the issuance of the license.
25    (aaa) Notwithstanding any provision in this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

10000SB2421ham001- 47 -LRB100 17185 SMS 39728 a

1or renewal of a license authorizing the sale of alcoholic
2liquor within a full-service grocery store at premises located
3within a municipality with a population in excess of 1,000,000
4inhabitants and within 100 feet of a school if:
5        (1) the sale of alcoholic liquor is not the primary
6    business activity of the grocery store;
7        (2) the premises are newly constructed on land that was
8    formerly used by the Young Men's Christian Association;
9        (3) the grocery store is located within a planned
10    development that was approved by the municipality in 2007;
11        (4) the premises are located in a multi-building,
12    mixed-use complex;
13        (5) the entrance to the grocery store is located more
14    than 200 feet from the entrance to the school;
15        (6) the entrance to the grocery store is located across
16    the street from the back of the school building, which is
17    not used for student or public access;
18        (7) the grocery store executed a binding lease for the
19    property in 2008;
20        (8) the premises consist of 2 levels and occupy more
21    than 80,000 square feet;
22        (9) the owner and operator of the grocery store
23    operates at least 10 other grocery stores that have
24    alcoholic liquor licenses within the same municipality;
25    and
26        (10) the director of the school has expressed, in

 

 

10000SB2421ham001- 48 -LRB100 17185 SMS 39728 a

1    writing, his or her support for the issuance of the
2    license.
3    (bbb) 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 at the premises is
10    incidental to the sale of food;
11        (2) the premises are located in a single-story building
12    of primarily brick construction containing at least 6
13    commercial units constructed before 1940;
14        (3) the premises are located in a B3-2 zoning district;
15        (4) the premises are less than 4,000 square feet;
16        (5) the church established its congregation in 1891 and
17    completed construction of the church building in 1990;
18        (6) the premises are located south of the church;
19        (7) the premises and church are located on the same
20    street and are separated by a one-way westbound street; and
21        (8) the principal religious leader of the church has
22    not indicated his or her opposition to the issuance or
23    renewal of the license in writing.
24    (ccc) 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

 

 

10000SB2421ham001- 49 -LRB100 17185 SMS 39728 a

1liquor within a full-service grocery store at premises located
2within a municipality with a population in excess of 1,000,000
3inhabitants and within 100 feet of a church and school if:
4        (1) as of March 14, 2007, the premises are located in a
5    City of Chicago Residential-Business Planned Development
6    No. 1052;
7        (2) the sale of alcoholic liquor is not the principal
8    business carried on by the licensee at the premises;
9        (3) the sale of alcoholic liquor is incidental to the
10    operation of a grocery store and comprises no more than 10%
11    of the total in-store sales;
12        (4) the owner and operator of the grocery store
13    operates at least 10 other grocery stores that have
14    alcoholic liquor licenses within the same municipality;
15        (5) the premises are new construction when the license
16    is first issued;
17        (6) the constructed premises are to be no less than
18    50,000 square feet;
19        (7) the school is a private church-affiliated school;
20        (8) the premises and the property containing the church
21    and church-affiliated school are located on perpendicular
22    streets and the school and church are adjacent to one
23    another;
24        (9) the pastor of the church and school has expressed,
25    in writing, support for the issuance of the license; and
26        (10) the alderman of the ward in which the premises are

 

 

10000SB2421ham001- 50 -LRB100 17185 SMS 39728 a

1    located has expressed, in writing, his or her support for
2    the issuance of the license.
3    (ddd) 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 or school if:
9        (1) the business has been issued a license from the
10    municipality to allow the business to operate a theater on
11    the premises;
12        (2) the theater has less than 200 seats;
13        (3) the premises are approximately 2,700 to 3,100
14    square feet of space;
15        (4) the premises are located to the north of the
16    church;
17        (5) the primary entrance of the premises and the
18    primary entrance of any church within 100 feet of the
19    premises are located either on a different street or across
20    a right-of-way from the premises;
21        (6) the primary entrance of the premises and the
22    primary entrance of any school within 100 feet of the
23    premises are located either on a different street or across
24    a right-of-way from the premises;
25        (7) the premises are located in a building that is at
26    least 100 years old; and

 

 

10000SB2421ham001- 51 -LRB100 17185 SMS 39728 a

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

 

 

10000SB2421ham001- 52 -LRB100 17185 SMS 39728 a

1    worship has indicated his or her support for the issuance
2    of the license in writing;
3        (10) the principal of the school has indicated in
4    writing that he or she is not opposed to the issuance of
5    the license; and
6        (11) the alderman of the ward in which the premises are
7    located has expressed, in writing, his or her lack of an
8    objection to the issuance of the license.
9    (fff) Notwithstanding any provision of this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor at premises located within a municipality with a
13population in excess of 1,000,000 inhabitants and within 100
14feet of a church if:
15        (1) the sale of alcoholic liquor is not the principal
16    business carried on by the licensee at the premises;
17        (2) the sale of alcoholic liquor at the premises is
18    incidental to the operation of a grocery store;
19        (3) the premises are a one-story building containing
20    approximately 10,000 square feet and are rented by the
21    owners of the grocery store;
22        (4) the sale of alcoholic liquor at the premises occurs
23    in a retail area of the grocery store that is approximately
24    3,500 square feet;
25        (5) the grocery store has operated at the location
26    since 1984;

 

 

10000SB2421ham001- 53 -LRB100 17185 SMS 39728 a

1        (6) the grocery store is closed on Sundays;
2        (7) the property on which the premises are located is a
3    corner lot that is bound by 3 streets and an alley, where
4    one street is a one-way street that runs north-south, one
5    street runs east-west, and one street runs
6    northwest-southeast;
7        (8) the property line of the premises is approximately
8    16 feet from the property line of the building where the
9    church is located;
10        (9) the premises are separated from the building
11    containing the church by a public alley;
12        (10) the primary entrance of the premises and the
13    primary entrance of the church are at least 100 feet apart;
14        (11) representatives of the church have delivered a
15    written statement that the church does not object to the
16    issuance of a license under this subsection (fff); and
17        (12) the alderman of the ward in which the grocery
18    store is located has expressed, in writing, his or her
19    support for the issuance of the license.
20    (ggg) Notwithstanding any provision of this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of licenses authorizing the sale of alcoholic liquor
23within a restaurant or lobby coffee house at premises located
24within a municipality with a population in excess of 1,000,000
25inhabitants and within 100 feet of a church and school if:
26        (1) a residential retirement home formerly operated on

 

 

10000SB2421ham001- 54 -LRB100 17185 SMS 39728 a

1    the premises and the premises are being converted into a
2    new apartment living complex containing studio and
3    one-bedroom apartments with ground floor retail space;
4        (2) the restaurant and lobby coffee house are located
5    within a Community Shopping District within the
6    municipality;
7        (3) the premises are located in a single-building,
8    mixed-use complex that, in addition to the restaurant and
9    lobby coffee house, contains apartment residences, a
10    fitness center for the residents of the apartment building,
11    a lobby designed as a social center for the residents, a
12    rooftop deck, and a patio with a dog run for the exclusive
13    use of the residents;
14        (4) the sale of alcoholic liquor is not the primary
15    business activity of the apartment complex, restaurant, or
16    lobby coffee house;
17        (5) the entrance to the apartment residence is more
18    than 310 feet from the entrance to the school and church;
19        (6) the entrance to the apartment residence is located
20    at the end of the block around the corner from the south
21    side of the school building;
22        (7) the school is affiliated with the church;
23        (8) the pastor of the parish, principal of the school,
24    and the titleholder to the church and school have given
25    written consent to the issuance of the license;
26        (9) the alderman of the ward in which the premises are

 

 

10000SB2421ham001- 55 -LRB100 17185 SMS 39728 a

1    located has given written consent to the issuance of the
2    license; and
3        (10) the neighborhood block club has given written
4    consent to the issuance of the license.
5    (hhh) Notwithstanding any provision of this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license to sell alcoholic liquor at premises
8located within a municipality with a population in excess of
91,000,000 inhabitants and within 100 feet of a home for
10indigent persons or a church if:
11        (1) a restaurant operates on the premises and has been
12    in operation since January of 2014;
13        (2) the sale of alcoholic liquor is incidental to the
14    sale of food;
15        (3) the sale of alcoholic liquor is not the principal
16    business carried on by the licensee on the premises;
17        (4) the premises occupy the first floor of a 3-story
18    building that is at least 100 years old;
19        (5) the primary entrance to the premises is more than
20    100 feet from the primary entrance to the home for indigent
21    persons, which opened in 1989 and is operated to address
22    homelessness and provide shelter;
23        (6) the primary entrance to the premises and the
24    primary entrance to the home for indigent persons are
25    located on different streets;
26        (7) the executive director of the home for indigent

 

 

10000SB2421ham001- 56 -LRB100 17185 SMS 39728 a

1    persons has given written consent to the issuance of the
2    license;
3        (8) the entrance to the premises is located within 100
4    feet of a Buddhist temple;
5        (9) the entrance to the premises is more than 100 feet
6    from where any worship or educational programming is
7    conducted by the Buddhist temple and is located in an area
8    used only for other purposes; and
9        (10) the president and the board of directors of the
10    Buddhist temple have given written consent to the issuance
11    of the license.
12    (iii) 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 in excess of
161,000,000 inhabitants and within 100 feet of a home for the
17aged if:
18        (1) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee on the premises;
20        (2) the sale of alcoholic liquor at the premises is
21    incidental to the operation of a restaurant;
22        (3) the premises are on the ground floor of a
23    multi-floor, university-affiliated housing facility;
24        (4) the premises occupy 1,916 square feet of space,
25    with the total square footage from which liquor will be
26    sold, served, and consumed to be 900 square feet;

 

 

10000SB2421ham001- 57 -LRB100 17185 SMS 39728 a

1        (5) the premises are separated from the home for the
2    aged by an alley;
3        (6) the primary entrance to the premises and the
4    primary entrance to the home for the aged are at least 500
5    feet apart and located on different streets;
6        (7) representatives of the home for the aged have
7    expressed, in writing, that the home does not object to the
8    issuance of a license under this subsection; and
9        (8) the alderman of the ward in which the restaurant is
10    located has expressed, in writing, his or her support for
11    the issuance of the license.
12    (jjj) 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) as of January 1, 2016, the premises were used for
19    the sale of alcoholic liquor for consumption on the
20    premises and were authorized to do so pursuant to a retail
21    tavern license held by an individual as the sole proprietor
22    of the premises;
23        (2) the primary entrance to the school and the primary
24    entrance to the premises are on the same street;
25        (3) the school was founded in 1949;
26        (4) the building in which the premises are situated was

 

 

10000SB2421ham001- 58 -LRB100 17185 SMS 39728 a

1    constructed before 1930;
2        (5) the building in which the premises are situated is
3    immediately across the street from the school; and
4        (6) the school has not indicated its opposition to the
5    issuance or renewal of the license in writing.
6    (kkk) (Blank).
7    (lll) Notwithstanding any provision of this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license authorizing the sale of alcoholic
10liquor at premises located within a municipality with a
11population in excess of 1,000,000 inhabitants and within 100
12feet of a synagogue or school if:
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 are located on the same street on
18    which the synagogue or school is located;
19        (4) the primary entrance to the premises and the
20    closest entrance to the synagogue or school is at least 100
21    feet apart;
22        (5) the shortest distance between the premises and the
23    synagogue or school is at least 65 feet apart and no
24    greater than 70 feet apart;
25        (6) the premises are between 1,800 and 2,000 square
26    feet;

 

 

10000SB2421ham001- 59 -LRB100 17185 SMS 39728 a

1        (7) the synagogue was founded in 1861; and
2        (8) the leader of the synagogue has indicated, in
3    writing, the synagogue's support for the issuance or
4    renewal of the license.
5    (mmm) Notwithstanding any provision of this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of licenses authorizing the sale of alcoholic liquor
8within a restaurant or lobby coffee house at premises located
9within a municipality with a population in excess of 1,000,000
10inhabitants and within 100 feet 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 at the premises is
14    incidental to the sale of food in a restaurant;
15        (3) the restaurant has been run by the same family for
16    at least 19 consecutive years;
17        (4) the premises are located in a 3-story building in
18    the most easterly part of the first floor;
19        (5) the building in which the premises are located has
20    residential housing on the second and third floors;
21        (6) the primary entrance to the premises is on a
22    north-south street around the corner and across an alley
23    from the primary entrance to the church, which is on an
24    east-west street;
25        (7) the primary entrance to the church and the primary
26    entrance to the premises are more than 160 feet apart; and

 

 

10000SB2421ham001- 60 -LRB100 17185 SMS 39728 a

1        (8) the church has expressed, in writing, its support
2    for the issuance of a license under this subsection.
3    (nnn) Notwithstanding any provision of this Section to the
4contrary, nothing in this Section shall prohibit the issuance
5or renewal of licenses authorizing the sale of alcoholic liquor
6within a restaurant or lobby coffee house at premises located
7within a municipality with a population in excess of 1,000,000
8inhabitants and within 100 feet of a school and church or
9synagogue 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 at the premises is
13    incidental to the sale of food in a restaurant;
14        (3) the front door of the synagogue faces east on the
15    next north-south street east of and parallel to the
16    north-south street on which the restaurant is located where
17    the restaurant's front door faces west;
18        (4) the closest exterior pedestrian entrance that
19    leads to the school or the synagogue is across an east-west
20    street and at least 300 feet from the primary entrance to
21    the restaurant;
22        (5) the nearest church-related or school-related
23    building is a community center building;
24        (6) the restaurant is on the ground floor of a 3-story
25    building constructed in 1896 with a brick façade;
26        (7) the restaurant shares the ground floor with a

 

 

10000SB2421ham001- 61 -LRB100 17185 SMS 39728 a

1    theater, and the second and third floors of the building in
2    which the restaurant is located consists of residential
3    housing;
4        (8) the leader of the synagogue and school has
5    expressed, in writing, that the synagogue does not object
6    to the issuance of a license under this subsection; and
7        (9) the alderman of the ward in which the premises is
8    located has expressed, in writing, his or her support for
9    the issuance of the license.
10    (ooo) 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 premises located within a municipality with a
14population in excess of 2,000 but less than 5,000 inhabitants
15in a county with a population in excess of 3,000,000 and within
16100 feet of a home for the aged if:
17        (1) as of March 1, 2016, the premises were used to sell
18    alcohol pursuant to a retail tavern and packaged goods
19    license issued by the municipality and held by a limited
20    liability company as the proprietor of the premises;
21        (2) the home for the aged was completed in 2015;
22        (3) the home for the aged is a 5-story structure;
23        (4) the building in which the premises are situated is
24    directly adjacent to the home for the aged;
25        (5) the building in which the premises are situated was
26    constructed before 1950;

 

 

10000SB2421ham001- 62 -LRB100 17185 SMS 39728 a

1        (6) the home for the aged has not indicated its
2    opposition to the issuance or renewal of the license; and
3        (7) the president of the municipality has expressed in
4    writing that he or she does not object to the issuance or
5    renewal of the license.
6    (ppp) 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 premises located within a municipality with a
10population in excess of 1,000,000 inhabitants and within 100
11feet of a church or churches if:
12        (1) the shortest distance between the premises and a
13    church is at least 78 feet apart and no greater than 95
14    feet apart;
15        (2) the premises are a single-story, brick commercial
16    building and between 3,600 to 4,000 square feet and the
17    original building was built before 1922;
18        (3) the premises are located in a B3-2 zoning district;
19        (4) the premises are separated from the buildings
20    containing the churches by a street;
21        (5) the previous owners of the business located on the
22    premises held a liquor license for at least 10 years;
23        (6) the new owner of the business located on the
24    premises has managed 2 other food and liquor stores since
25    1997;
26        (7) the principal religious leaders at the places of

 

 

10000SB2421ham001- 63 -LRB100 17185 SMS 39728 a

1    worship have indicated their support for the issuance or
2    renewal of the license in writing; and
3        (8) the alderman of the ward in which the premises are
4    located has indicated his or her support for the issuance
5    or renewal of the license in writing.
6    (qqq) 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 premises located within a municipality with a
10population in excess of 1,000,000 inhabitants and within 100
11feet of a church if:
12        (1) the sale of alcoholic liquor at the premises is
13    incidental to the sale of food;
14        (2) the sale of alcoholic liquor is not the principal
15    business carried on by the licensee at the premises;
16        (3) the premises are located on the opposite side of
17    the same street on which the church is located;
18        (4) the church is located on a corner lot;
19        (5) the shortest distance between the premises and the
20    church is at least 90 feet apart and no greater than 95
21    feet apart;
22        (6) the premises are at least 3,000 but no more than
23    5,000 square feet;
24        (7) the church's original chapel was built in 1858;
25        (8) the church's first congregation was organized in
26    1860; and

 

 

10000SB2421ham001- 64 -LRB100 17185 SMS 39728 a

1        (9) the leaders of the church and the alderman of the
2    ward in which the premises are located has expressed, in
3    writing, their support for the issuance of the license.
4    (rrr) 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 restaurant or banquet facility established within
8premises located within a municipality with a population in
9excess of 1,000,000 inhabitants and within 100 feet of a church
10or school 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 immediately prior owner or the operator of the
16    restaurant or banquet facility held a valid retail license
17    authorizing the sale of alcoholic liquor at the premises
18    for at least part of the 24 months before a change of
19    ownership;
20        (4) the premises are located immediately east and
21    across the street from an elementary school;
22        (5) the premises and elementary school are part of an
23    approximately 100-acre campus owned by the church;
24        (6) the school opened in 1999 and was named after the
25    founder of the church; and
26        (7) the alderman of the ward in which the premises are

 

 

10000SB2421ham001- 65 -LRB100 17185 SMS 39728 a

1    located has expressed, in writing, his or her support for
2    the issuance of the license.
3    (sss) 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 or school if:
9        (1) the premises are at least 5,300 square feet and
10    located in a building that was built prior to 1940;
11        (2) the shortest distance between the property line of
12    the premises and the exterior wall of the building in which
13    the church is located is at least 109 feet;
14        (3) the distance between the building in which the
15    church is located and the building in which the premises
16    are located is at least 118 feet;
17        (4) the main entrance to the church faces west and is
18    at least 602 feet from the main entrance of the premises;
19        (5) the shortest distance between the property line of
20    the premises and the property line of the school is at
21    least 177 feet;
22        (6) the applicant has been in business for more than 10
23    years;
24        (7) the principal religious leader of the church has
25    indicated his or her support for the issuance or renewal of
26    the license in writing;

 

 

10000SB2421ham001- 66 -LRB100 17185 SMS 39728 a

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

 

 

10000SB2421ham001- 67 -LRB100 17185 SMS 39728 a

1    years;
2        (7) the principal religious leader of the church has
3    indicated his or her support for the issuance or renewal of
4    the license in writing;
5        (8) the principal of the school has indicated in
6    writing that he or she is not opposed to the issuance of
7    the license; and
8        (9) the alderman of the ward in which the premises are
9    located has expressed, in writing, his or her support for
10    the issuance of the license.
11    (uuu) Notwithstanding any provision of this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license authorizing the sale of alcoholic
14liquor at premises located within a municipality with a
15population in excess of 1,000,000 inhabitants and within 100
16feet of a place of worship if:
17        (1) the sale of liquor is incidental to the sale of
18    food;
19        (2) the premises are at least 7,100 square feet;
20        (3) the shortest distance between the north property
21    line of the premises and the nearest exterior wall of the
22    place of worship is at least 86 feet;
23        (4) the main entrance to the place of worship faces
24    north and is more than 150 feet from the main entrance of
25    the premises;
26        (5) the applicant has been in business for more than 20

 

 

10000SB2421ham001- 68 -LRB100 17185 SMS 39728 a

1    years at the location;
2        (6) the principal religious leader of the place of
3    worship has indicated his or her support for the issuance
4    or renewal of the license in writing; and
5        (7) the alderman of the ward in which the premises are
6    located has expressed, in writing, his or her support for
7    the issuance of the license.
8    (vvv) Notwithstanding any provision of this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10or renewal of a license authorizing the sale of alcoholic
11liquor at premises located within a municipality with a
12population in excess of 1,000,000 inhabitants and within 100
13feet of 2 churches if:
14        (1) as of January 1, 2015, the premises were used for
15    the sale of alcoholic liquor for consumption on the
16    premises and the sale was authorized pursuant to a retail
17    tavern license held by an individual as the sole proprietor
18    of the premises;
19        (2) a primary entrance of the church situated to the
20    south of the premises is located on a street running
21    perpendicular to the street upon which a primary entrance
22    of the premises is situated;
23        (3) the church located to the south of the premises is
24    a 3-story structure that was constructed in 2006;
25        (4) a parking lot separates the premises from the
26    church located to the south of the premises;

 

 

10000SB2421ham001- 69 -LRB100 17185 SMS 39728 a

1        (5) the building in which the premises are situated was
2    constructed before 1930;
3        (6) the building in which the premises are situated is
4    a 2-story, mixed-use commercial and residential structure
5    containing more than 20,000 total square feet and
6    containing at least 7 residential units on the second floor
7    and 3 commercial units on the first floor;
8        (7) the building in which the premises are situated is
9    immediately adjacent to the church located to the north of
10    the premises;
11        (8) the primary entrance of the church located to the
12    north of the premises and the primary entrance of the
13    premises are located on the same street;
14        (9) the churches have not indicated their opposition to
15    the issuance or renewal of the license in writing; and
16        (10) the alderman of the ward in which the premises are
17    located has expressed, in writing, his or her support for
18    the issuance of the license.
19    (www) Notwithstanding any provision of this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of licenses authorizing the sale of alcoholic liquor
22within a restaurant at premises located within a municipality
23with a population in excess of 1,000,000 inhabitants and within
24100 feet of a school if:
25        (1) the sale of alcoholic liquor is incidental to the
26    sale of food and is not the principal business of the

 

 

10000SB2421ham001- 70 -LRB100 17185 SMS 39728 a

1    restaurant;
2        (2) the building in which the restaurant is located was
3    constructed in 1909 and is a 2-story structure;
4        (3) the restaurant has been operating continuously
5    since 1962, has been located at the existing premises since
6    1989, and has been owned and operated by the same family,
7    which also operates a deli in a building located
8    immediately to the east and adjacent and connected to the
9    restaurant;
10        (4) the entrance to the restaurant is more than 200
11    feet from the entrance to the school;
12        (5) the building in which the restaurant is located and
13    the building in which the school is located are separated
14    by a traffic-congested major street;
15        (6) the building in which the restaurant is located
16    faces a public park located to the east of the school,
17    cannot be seen from the windows of the school, and is not
18    directly across the street from the school;
19        (7) the school building is located 2 blocks from a
20    major private university;
21        (8) the school is a public school that has
22    pre-kindergarten through eighth grade classes, is an open
23    enrollment school, and has a preschool program that has
24    earned a Gold Circle of Quality award;
25        (9) the local school council has given written consent
26    for the issuance of the liquor license; and

 

 

10000SB2421ham001- 71 -LRB100 17185 SMS 39728 a

1        (10) the alderman of the ward in which the premises are
2    located has given written consent for the issuance of the
3    liquor license.
4    (xxx) (Blank).
5    (yyy) (sss) Notwithstanding any provision in this Section
6to the contrary, nothing in this Section shall prohibit the
7issuance or renewal of a license authorizing the sale of
8alcoholic liquor at a store that is located within a
9municipality with a population in excess of 1,000,000
10inhabitants and within 100 feet of a church if:
11        (1) the premises are primarily used for the sale of
12    alcoholic liquor;
13        (2) on January 1, 2017, the store was authorized to
14    sell alcoholic liquor pursuant to a package goods liquor
15    license;
16        (3) on January 1, 2017, the store occupied
17    approximately 5,560 square feet and will be expanded to
18    include 440 additional square feet for the purpose of
19    storage;
20        (4) the store was in existence before the church;
21        (5) the building in which the store is located was
22    built in 1956 and is immediately south of the church;
23        (6) the store and church are separated by an east-west
24    street;
25        (7) the owner of the store received his first liquor
26    license in 1986;

 

 

10000SB2421ham001- 72 -LRB100 17185 SMS 39728 a

1        (8) the church has not indicated its opposition to the
2    issuance or renewal of the license in writing; and
3        (9) the alderman of the ward in which the store is
4    located has expressed his or her support for the issuance
5    or renewal of the license.
6    (zzz) (sss) Notwithstanding any provision of this Section
7to the contrary, nothing in this Section shall prohibit the
8issuance or renewal of a license authorizing the sale of
9alcoholic liquor at premises 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 premises are approximately 2,800 square feet
13    with east frontage on South Allport Street and north
14    frontage on West 18th Street in the City of Chicago;
15        (2) the shortest distance between the north property
16    line of the premises and the nearest exterior wall of the
17    church is 95 feet;
18        (3) the main entrance to the church is on West 18th
19    Street, faces south, and is more than 100 feet from the
20    main entrance to the premises;
21        (4) the sale of alcoholic liquor is incidental to the
22    sale of food in a restaurant;
23        (5) the principal religious leader of the church has
24    not indicated his or her opposition to the issuance or
25    renewal of the license in writing; and
26        (6) the alderman of the ward in which the premises are

 

 

10000SB2421ham001- 73 -LRB100 17185 SMS 39728 a

1    located has indicated his or her support for the issuance
2    or renewal of the license in writing.
3    (aaaa) 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 shortest distance between the premises and the
10    church is at least 65 feet apart and no greater than 70
11    feet apart;
12        (2) the premises are located on the ground floor of a
13    freestanding, 3-story building of brick construction with
14    2 stories of residential apartments above the premises;
15        (3) the premises are approximately 2,557 square feet;
16        (4) the premises and the church are located on opposite
17    corners and are separated by sidewalks and a street;
18        (5) the sale of alcohol is not the principal business
19    carried on by the licensee at the premises;
20        (6) the pastor of the church has not indicated his or
21    her opposition to the issuance or renewal of the license in
22    writing; and
23        (7) the alderman of the ward in which the premises are
24    located has not indicated his or her opposition to the
25    issuance or renewal of the license in writing.
26    (bbbb) Notwithstanding any other provision of this Section

 

 

10000SB2421ham001- 74 -LRB100 17185 SMS 39728 a

1to the contrary, nothing in this Section shall prohibit the
2issuance or renewal of a license authorizing the sale of
3alcoholic liquor at premises or an outdoor location at the
4premises located within a municipality with a population in
5excess of 1,000,000 inhabitants and that are within 100 feet of
6a church or school if:
7        (1) the church was a Catholic cathedral on January 1,
8    2018;
9        (2) the church has been in existence for at least 150
10    years;
11        (3) the school is affiliated with the church;
12        (4) the premises are bordered by State Street on the
13    east, Superior Street on the south, Dearborn Street on the
14    west, and Chicago Avenue on the north;
15        (5) the premises are located within 2 miles of Lake
16    Michigan and the Chicago River;
17        (6) the premises are located in and adjacent to a
18    building for which construction commenced after January 1,
19    2018;
20        (7) the alderman who represents the district in which
21    the premises are located has written a letter of support
22    for the issuance of a license; and
23        (8) the principal religious leader of the church and
24    the principal of the school have both signed a letter of
25    support for the issuance of a license.
26    (cccc) Notwithstanding any other provision of this Section

 

 

10000SB2421ham001- 75 -LRB100 17185 SMS 39728 a

1to the contrary, nothing in this Section shall prohibit the
2issuance or renewal of a license authorizing the sale of
3alcoholic liquor within a restaurant at premises located within
4a municipality with a population in excess of 1,000,000
5inhabitants and within 100 feet of a school if:
6        (1) the sale of alcoholic liquor is incidental to the
7    sale of food and is not the principal business of the
8    restaurant;
9        (2) the building in which the restaurant is located was
10    constructed in 1912 and is a 3-story structure;
11        (3) the restaurant has been in operation since 2015 and
12    its entrance faces North Western Avenue;
13        (4) the entrance to the school faces West Augusta
14    Boulevard;
15        (5) the entrance to the restaurant is more than 100
16    feet from the entrance to the school;
17        (6) the school is a Catholic school affiliated with the
18    nearby Catholic Parish church;
19        (7) the building in which the restaurant is located and
20    the building in which the school is located are separated
21    by an alley;
22        (8) the principal of the school has not indicated his
23    or her opposition to the issuance or renewal of the license
24    in writing; and
25        (9) the alderman of the ward in which the restaurant is
26    located has expressed his or her support for the issuance

 

 

10000SB2421ham001- 76 -LRB100 17185 SMS 39728 a

1    or renewal of the license.
2    (dddd) 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 school if:
8        (1) the premises are approximately 6,250 square feet
9    with south frontage on Bryn Mawr Avenue and north frontage
10    on the alley 125 feet north of Bryn Mawr Avenue in the City
11    of Chicago;
12        (2) the shortest distance between the south property
13    line of the premises and the nearest exterior wall of the
14    school is 248 feet;
15        (3) the main entrance to the school is on Christiana
16    Avenue, faces east, and is more than 100 feet from the main
17    entrance to the premises;
18        (4) the sale of alcoholic liquor is incidental to the
19    sale of food in a restaurant;
20        (5) the principal of the school has not indicated his
21    or her opposition to the issuance or renewal of the license
22    in writing; and
23        (6) the alderman of the ward in which the premises are
24    located has indicated his or her support for the issuance
25    or renewal of the license in writing.
26    (eeee) Notwithstanding any provision of this Section to the

 

 

10000SB2421ham001- 77 -LRB100 17185 SMS 39728 a

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 school if:
6        (1) the premises are approximately 2,300 square feet
7    with south frontage on 53rd Street in the City of Chicago
8    and the eastern property line of the premises abuts a
9    private alleyway;
10        (2) the shortest distance between the south property
11    line of the premises and the nearest exterior wall of the
12    school is approximately 187 feet;
13        (3) the main entrance to the school is on Cornell
14    Avenue, faces west, and is more than 100 feet from the main
15    entrance to the premises;
16        (4) the sale of alcoholic liquor is incidental to the
17    sale of food in a restaurant;
18        (5) the principal of the school has not indicated his
19    or her opposition to the issuance or renewal of the license
20    in writing; and
21        (6) the alderman of the ward in which the premises are
22    located has indicated his or her support for the issuance
23    or renewal of the license in writing.
24(Source: P.A. 99-46, eff. 7-15-15; 99-47, eff. 7-15-15; 99-477,
25eff. 8-27-15; 99-484, eff. 10-30-15; 99-558, eff. 7-15-16;
2699-642, eff. 7-28-16; 99-936, eff. 2-24-17; 100-36, eff.

 

 

10000SB2421ham001- 78 -LRB100 17185 SMS 39728 a

18-4-17; 100-38, eff. 8-4-17; 100-201, eff. 8-18-17; 100-579,
2eff. 2-13-18; revised 2-16-18.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".