Rep. Rita Mayfield

Filed: 4/8/2021

 

 


 

 


 
10200HB1344ham001LRB102 03360 RPS 24223 a

1
AMENDMENT TO HOUSE BILL 1344

2    AMENDMENT NO. ______. Amend House Bill 1344 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

 

 

10200HB1344ham001- 2 -LRB102 03360 RPS 24223 a

1exempted is not located in a municipality of more than 500,000
2persons, unless required by local ordinance; nor to the
3renewal of a license for the sale at retail of alcoholic liquor
4on premises 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    (a-5) Notwithstanding any provision of this Section to the
11contrary, a local liquor control commissioner may grant an
12exemption to the prohibition in subsection (a) of this Section
13if a local rule or ordinance authorizes the local liquor
14control commissioner to grant that exemption.
15    (b) Nothing in this Section shall prohibit the issuance of
16a retail license authorizing the sale of alcoholic liquor to a
17restaurant, the primary business of which is the sale of goods
18baked on the premises if (i) the restaurant is newly
19constructed and located on a lot of not less than 10,000 square
20feet, (ii) the restaurant costs at least $1,000,000 to
21construct, (iii) the licensee is the titleholder to the
22premises and resides on the premises, and (iv) the
23construction of the restaurant is completed within 18 months
24of July 10, 1998 (the effective date of Public Act 90-617).
25    (c) Nothing in this Section shall prohibit the issuance of
26a retail license authorizing the sale of alcoholic liquor

 

 

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

 

 

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1technical high school in 1934, or in a grocery store having a
2minimum of 31,000 square feet of floor space in a single story
3building located a distance of more than 90 feet but less than
4100 feet from a high school that opened in 1928 as a junior
5high school and became a senior high school in 1933, and in
6each of these cases if the sale of alcoholic liquors is not the
7principal business carried on by the licensee.
8    For purposes of this Section, a "banquet facility" is any
9part of a building that caters to private parties and where the
10sale of alcoholic liquors is not the principal business.
11    (e) Nothing in this Section shall prohibit the issuance of
12a license to a church or private school to sell at retail
13alcoholic liquor if any such sales are limited to periods when
14groups are assembled on the premises solely for the promotion
15of some common object other than the sale or consumption of
16alcoholic liquors.
17    (f) Nothing in this Section shall prohibit a church or
18church affiliated school located in a home rule municipality
19or in a municipality with 75,000 or more inhabitants from
20locating within 100 feet of a property for which there is a
21preexisting license to sell alcoholic liquor at retail. In
22these instances, the local zoning authority may, by ordinance
23adopted simultaneously with the granting of an initial special
24use zoning permit for the church or church affiliated school,
25provide that the 100-foot restriction in this Section shall
26not apply to that church or church affiliated school and

 

 

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1future retail liquor licenses.
2    (g) Nothing in this Section shall prohibit the issuance of
3a retail license authorizing the sale of alcoholic liquor at
4premises within 100 feet, but not less than 90 feet, of a
5public school if (1) the premises have been continuously
6licensed to sell alcoholic liquor for a period of at least 50
7years, (2) the premises are located in a municipality having a
8population of over 500,000 inhabitants, (3) the licensee is an
9individual who is a member of a family that has held the
10previous 3 licenses for that location for more than 25 years,
11(4) the principal of the school and the alderman of the ward in
12which the school is located have delivered a written statement
13to the local liquor control commissioner stating that they do
14not object to the issuance of a license under this subsection
15(g), and (5) the local liquor control commissioner has
16received the written consent of a majority of the registered
17voters who live within 200 feet of the premises.
18    (h) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor within premises and at an outdoor patio area attached
22to premises that are located in a municipality with a
23population in excess of 300,000 inhabitants and that are
24within 100 feet of a church if:
25        (1) the sale of alcoholic liquor at the premises is
26    incidental to the sale of food,

 

 

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1        (2) the sale of liquor is not the principal business
2    carried on by the licensee at the premises,
3        (3) the premises are less than 1,000 square feet,
4        (4) the premises are owned by the University of
5    Illinois,
6        (5) the premises are immediately adjacent to property
7    owned by a church and are not less than 20 nor more than 40
8    feet from the church space used for worship services, and
9        (6) 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.
12    (i) Notwithstanding any provision in this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license to sell alcoholic liquor at a premises
15that is located within a municipality with a population in
16excess of 300,000 inhabitants and is within 100 feet of a
17church, synagogue, or other place of worship if:
18        (1) the primary entrance of the premises and the
19    primary entrance of the church, synagogue, or other place
20    of worship are at least 100 feet apart, on parallel
21    streets, and separated by an alley; and
22        (2) the principal religious leader at the place of
23    worship has not indicated his or her opposition to the
24    issuance or renewal of the license in writing.
25    (j) Notwithstanding any provision in this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

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1of a retail license authorizing the sale of alcoholic liquor
2at a theater that is within 100 feet of a church if (1) the
3church owns the theater, (2) the church leases the theater to
4one or more entities, and (3) the theater is used by at least 5
5different not-for-profit theater groups.
6    (k) Notwithstanding any provision in this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor at a premises that is located within a municipality
10with a population in excess of 1,000,000 inhabitants and is
11within 100 feet of a school if:
12        (1) the primary entrance of the premises and the
13    primary entrance of the school are parallel, on different
14    streets, and separated by an alley;
15        (2) the southeast corner of the premises are at least
16    350 feet from the southwest corner of the school;
17        (3) the school was built in 1978;
18        (4) the sale of alcoholic liquor at the premises is
19    incidental to the sale of food;
20        (5) the sale of alcoholic liquor is not the principal
21    business carried on by the licensee at the premises;
22        (6) the applicant is the owner of the restaurant and
23    has held a valid license authorizing the sale of alcoholic
24    liquor for the business to be conducted on the premises at
25    a different location for more than 7 years; and
26        (7) the premises is at least 2,300 square feet and

 

 

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1    sits on a lot that is between 6,100 and 6,150 square feet.
2    (l) Notwithstanding any provision in this Section to the
3contrary, nothing in this Section shall prohibit the issuance
4or renewal of a license authorizing the sale of alcoholic
5liquor at a premises that is located within a municipality
6with a population in excess of 1,000,000 inhabitants and is
7within 100 feet of a church or school if:
8        (1) the primary entrance of the premises and the
9    closest entrance of the church or school is at least 90
10    feet apart and no greater than 95 feet apart;
11        (2) the shortest distance between the premises and the
12    church or school is at least 80 feet apart and no greater
13    than 85 feet apart;
14        (3) the applicant is the owner of the restaurant and
15    on November 15, 2006 held a valid license authorizing the
16    sale of alcoholic liquor for the business to be conducted
17    on the premises for at least 14 different locations;
18        (4) the sale of alcoholic liquor at the premises is
19    incidental to the sale of food;
20        (5) the sale of alcoholic liquor is not the principal
21    business carried on by the licensee at the premises;
22        (6) the premises is at least 3,200 square feet and
23    sits on a lot that is between 7,150 and 7,200 square feet;
24    and
25        (7) the principal religious leader at the place of
26    worship has not indicated his or her opposition to the

 

 

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1    issuance or renewal of the license in writing.
2    (m) Notwithstanding any provision in this Section to the
3contrary, nothing in this Section shall prohibit the issuance
4or renewal of a license authorizing the sale of alcoholic
5liquor at a premises that is located within a municipality
6with a population in excess of 1,000,000 inhabitants and is
7within 100 feet of a church if:
8        (1) the premises and the church are perpendicular, and
9    the primary entrance of the premises faces South while the
10    primary entrance of the church faces West and the distance
11    between the two entrances is more than 100 feet;
12        (2) the shortest distance between the premises lot
13    line and the exterior wall of the church is at least 80
14    feet;
15        (3) the church was established at the current location
16    in 1916 and the present structure was erected in 1925;
17        (4) the premises is a single story, single use
18    building with at least 1,750 square feet and no more than
19    2,000 square feet;
20        (5) the sale of alcoholic liquor at the premises is
21    incidental to the sale of food;
22        (6) the sale of alcoholic liquor is not the principal
23    business carried on by the licensee at the premises; and
24        (7) the principal religious leader at the place of
25    worship has not indicated his or her opposition to the
26    issuance or renewal of the license in writing.

 

 

10200HB1344ham001- 10 -LRB102 03360 RPS 24223 a

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

 

 

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1        (2) the sale of alcoholic liquor is not the principal
2    business carried on by the licensee at the premises;
3        (3) the premises is located on a street that runs
4    perpendicular to the street on which the church is
5    located;
6        (4) the primary entrance of the premises is at least
7    100 feet from the primary entrance of the church;
8        (5) the shortest distance between any part of the
9    premises and any part of the church is at least 60 feet;
10        (6) the premises is between 3,600 and 4,000 square
11    feet and sits on a lot that is between 3,600 and 4,000
12    square feet; and
13        (7) the premises was built in the year 1909.
14    For purposes of this subsection (o), "premises" means a
15place of business together with a privately owned outdoor
16location that is adjacent to the place of business.
17    (p) 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
21with a population in excess of 1,000,000 inhabitants and
22within 100 feet of a church if:
23        (1) the shortest distance between the backdoor of the
24    premises, which is used as an emergency exit, and the
25    church is at least 80 feet;
26        (2) the church was established at the current location

 

 

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1    in 1889; and
2        (3) liquor has been sold on the premises since at
3    least 1985.
4    (q) 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 within a premises that is located in a municipality
8with a population in excess of 1,000,000 inhabitants and
9within 100 feet of a church-owned property if:
10        (1) the premises is located within a larger building
11    operated as a grocery store;
12        (2) the area of the premises does not exceed 720
13    square feet and the area of the larger building exceeds
14    18,000 square feet;
15        (3) the larger building containing the premises is
16    within 100 feet of the nearest property line of a
17    church-owned property on which a church-affiliated school
18    is located;
19        (4) the sale of liquor is not the principal business
20    carried on within the larger building;
21        (5) the primary entrance of the larger building and
22    the premises and the primary entrance of the
23    church-affiliated school are on different, parallel
24    streets, and the distance between the 2 primary entrances
25    is more than 100 feet;
26        (6) the larger building is separated from the

 

 

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1    church-owned property and church-affiliated school by an
2    alley;
3        (7) the larger building containing the premises and
4    the church building front are on perpendicular streets and
5    are separated by a street; and
6        (8) (Blank).
7    (r) Notwithstanding any provision of this Section to the
8contrary, nothing in this Section shall prohibit the issuance,
9renewal, or maintenance of a license authorizing the sale of
10alcoholic liquor incidental to the sale of food within a
11restaurant 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 primary entrance of the church and the primary
15    entrance of the restaurant are at least 100 feet apart;
16        (2) the restaurant has operated on the ground floor
17    and lower level of a multi-story, multi-use building for
18    more than 40 years;
19        (3) the primary business of the restaurant consists of
20    the sale of food where the sale of liquor is incidental to
21    the sale of food;
22        (4) the sale of alcoholic liquor is conducted
23    primarily in the below-grade level of the restaurant to
24    which the only public access is by a staircase located
25    inside the restaurant; and
26        (5) the restaurant has held a license authorizing the

 

 

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1    sale of alcoholic liquor on the premises for more than 40
2    years.
3    (s) Notwithstanding any provision of this Section to the
4contrary, nothing in this Section shall prohibit renewal of a
5license authorizing the sale of alcoholic liquor at a premises
6that is located within a municipality with a population more
7than 5,000 and less than 10,000 and is within 100 feet of a
8church if:
9        (1) the church was established at the location within
10    100 feet of the premises after a license for the sale of
11    alcoholic liquor at the premises was first issued;
12        (2) a license for sale of alcoholic liquor at the
13    premises was first issued before January 1, 2007; and
14        (3) a license for the sale of alcoholic liquor on the
15    premises has been continuously in effect since January 1,
16    2007, except for interruptions between licenses of no more
17    than 90 days.
18    (t) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor incidental to the sale of food within a restaurant that
22is established in a premises that is located in a municipality
23with a population in excess of 1,000,000 inhabitants and
24within 100 feet of a school and a church if:
25        (1) the restaurant is located inside a five-story
26    building with over 16,800 square feet of commercial space;

 

 

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1        (2) the area of the premises does not exceed 31,050
2    square feet;
3        (3) the area of the restaurant does not exceed 5,800
4    square feet;
5        (4) the building has no less than 78 condominium
6    units;
7        (5) the construction of the building in which the
8    restaurant is located was completed in 2006;
9        (6) the building has 10 storefront properties, 3 of
10    which are used for the restaurant;
11        (7) the restaurant will open for business in 2010;
12        (8) the building is north of the school and separated
13    by an alley; and
14        (9) the principal religious leader of the church and
15    either the alderman of the ward in which the school is
16    located or the principal of the school have delivered a
17    written statement to the local liquor control commissioner
18    stating that he or she does not object to the issuance of a
19    license under this subsection (t).
20    (u) Notwithstanding any provision in this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license to sell alcoholic liquor at a premises
23that is located within a municipality with a population in
24excess of 1,000,000 inhabitants and within 100 feet of a
25school if:
26        (1) the premises operates as a restaurant and has been

 

 

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1    in operation since February 2008;
2        (2) the applicant is the owner of the premises;
3        (3) the sale of alcoholic liquor is incidental to the
4    sale of food;
5        (4) the sale of alcoholic liquor is not the principal
6    business carried on by the licensee on the premises;
7        (5) the premises occupy the first floor of a 3-story
8    building that is at least 90 years old;
9        (6) the rear lot of the school and the rear corner of
10    the building that the premises occupy are separated by an
11    alley;
12        (7) the distance from the southwest corner of the
13    property line of the school and the northeast corner of
14    the building that the premises occupy is at least 16 feet,
15    5 inches;
16        (8) the distance from the rear door of the premises to
17    the southwest corner of the property line of the school is
18    at least 93 feet;
19        (9) the school is a City of Chicago School District
20    299 school;
21        (10) the school's main structure was erected in 1902
22    and an addition was built to the main structure in 1959;
23    and
24        (11) the principal of the school and the alderman in
25    whose district the premises are located have expressed, in
26    writing, their support for the issuance of the license.

 

 

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1    (v) 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
5with a population in excess of 1,000,000 inhabitants and is
6within 100 feet of a school if:
7        (1) the total land area of the premises for which the
8    license or renewal is sought is more than 600,000 square
9    feet;
10        (2) the premises for which the license or renewal is
11    sought has more than 600 parking stalls;
12        (3) the total area of all buildings on the premises
13    for which the license or renewal is sought exceeds 140,000
14    square feet;
15        (4) the property line of the premises for which the
16    license or renewal is sought is separated from the
17    property line of the school by a street;
18        (5) the distance from the school's property line to
19    the property line of the premises for which the license or
20    renewal is sought is at least 60 feet;
21        (6) as of June 14, 2011 (the effective date of Public
22    Act 97-9), the premises for which the license or renewal
23    is sought is located in the Illinois Medical District.
24    (w) Notwithstanding any provision in this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license to sell alcoholic liquor at a premises

 

 

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1that is located within a municipality with a population in
2excess of 1,000,000 inhabitants and within 100 feet of a
3church if:
4        (1) the sale of alcoholic liquor at the premises is
5    incidental to the sale of food;
6        (2) the sale of alcoholic liquor is not the principal
7    business carried on by the licensee at the premises;
8        (3) the premises occupy the first floor and basement
9    of a 2-story building that is 106 years old;
10        (4) the premises is at least 7,000 square feet and
11    located on a lot that is at least 11,000 square feet;
12        (5) the premises is located directly west of the
13    church, on perpendicular streets, and separated by an
14    alley;
15        (6) the distance between the property line of the
16    premises and the property line of the church is at least 20
17    feet;
18        (7) the distance between the primary entrance of the
19    premises and the primary entrance of the church is at
20    least 130 feet; and
21        (8) the church has been at its location for at least 40
22    years.
23    (x) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor at a premises that is located within a municipality

 

 

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

 

 

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1within 100 feet of a school if:
2        (1) the sale of alcoholic liquor is not the principal
3    business carried on by the licensee at the premises;
4        (2) the sale of alcoholic liquor at the premises is
5    incidental to the sale of food;
6        (3) according to the municipality, the distance
7    between the east property line of the premises and the
8    west property line of the school is 97.8 feet;
9        (4) the school is a City of Chicago School District
10    299 school;
11        (5) the school has been operating since 1959;
12        (6) the primary entrance to the premises and the
13    primary entrance to the school are located on the same
14    street;
15        (7) the street on which the entrances of the premises
16    and the school are located is a major diagonal
17    thoroughfare;
18        (8) the premises is a single-story building of
19    approximately 2,900 square feet; and
20        (9) the premises is used for commercial purposes only.
21    (z) Notwithstanding any provision of this Section to the
22contrary, nothing in this Section shall prohibit the issuance
23or renewal of a license authorizing the sale of alcoholic
24liquor at a premises that is located within a municipality
25with a population in excess of 1,000,000 inhabitants and
26within 100 feet of a mosque if:

 

 

10200HB1344ham001- 21 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 22 -LRB102 03360 RPS 24223 a

1within 100 feet of a church if:
2        (1) the sale of alcoholic liquor is not the principal
3    business carried on by the licensee at the premises;
4        (2) the licensee shall only sell packaged liquors at
5    the premises;
6        (3) the licensee is a national retail chain having
7    over 100 locations within the municipality;
8        (4) the licensee has over 8,000 locations nationwide;
9        (5) the licensee has locations in all 50 states;
10        (6) the premises is located in the North-East quadrant
11    of the municipality;
12        (7) the premises is located across the street from a
13    national grocery chain outlet;
14        (8) the premises has approximately 16,148 square feet
15    of retail space;
16        (9) the premises has approximately 992 square feet of
17    pharmacy space;
18        (10) the premises is located on a major arterial
19    street that runs north-south and accepts truck traffic;
20    and
21        (11) 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    (bb) 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

 

 

10200HB1344ham001- 23 -LRB102 03360 RPS 24223 a

1liquor at a premises that is located within a municipality
2with a population in excess of 1,000,000 inhabitants and
3within 100 feet of a church if:
4        (1) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (2) the sale of alcoholic liquor at the premises is
7    incidental to the sale of food;
8        (3) the primary entrance to the premises and the
9    primary entrance to the church are located on the same
10    street;
11        (4) the premises is across the street from the church;
12        (5) the street on which the premises and the church
13    are located is a major arterial street that runs
14    east-west;
15        (6) the church is an elder-led and Bible-based
16    Assyrian church;
17        (7) the premises and the church are both single-story
18    buildings;
19        (8) the storefront directly west of the church is
20    being used as a restaurant; and
21        (9) the distance between the northern-most property
22    line of the premises and the southern-most property line
23    of the church is 65 feet.
24    (cc) 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

 

 

10200HB1344ham001- 24 -LRB102 03360 RPS 24223 a

1liquor at a premises that is located within a municipality
2with a population in excess of 1,000,000 inhabitants and
3within 100 feet of a school if:
4        (1) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (2) the licensee shall only sell packaged liquors at
7    the premises;
8        (3) the licensee is a national retail chain;
9        (4) as of October 25, 2011, the licensee has 1,767
10    stores operating nationwide, 87 stores operating in the
11    State, and 10 stores operating within the municipality;
12        (5) the licensee shall occupy approximately 124,000
13    square feet of space in the basement and first and second
14    floors of a building located across the street from a
15    school;
16        (6) the school opened in August of 2009 and occupies
17    approximately 67,000 square feet of space; and
18        (7) the building in which the premises shall be
19    located has been listed on the National Register of
20    Historic Places since April 17, 1970.
21    (dd) Notwithstanding any provision in this Section to the
22contrary, nothing in this Section shall prohibit the issuance
23or renewal of a license authorizing the sale of alcoholic
24liquor within a full-service grocery store at a premises that
25is located within a municipality with a population in excess
26of 1,000,000 inhabitants and is within 100 feet of a school if:

 

 

10200HB1344ham001- 25 -LRB102 03360 RPS 24223 a

1        (1) the premises is constructed on land that was
2    purchased from the municipality at a fair market price;
3        (2) the premises is constructed on land that was
4    previously used as a parking facility for public safety
5    employees;
6        (3) the sale of alcoholic liquor is not the principal
7    business carried on by the licensee at the premises;
8        (4) the main entrance to the store is more than 100
9    feet from the main entrance to the school;
10        (5) the premises is to be new construction;
11        (6) the school is a private school;
12        (7) the principal of the school has given written
13    approval for the license;
14        (8) the alderman of the ward where the premises is
15    located has given written approval of the issuance of the
16    license;
17        (9) the grocery store level of the premises is between
18    60,000 and 70,000 square feet; and
19        (10) the owner and operator of the grocery store
20    operates 2 other grocery stores that have alcoholic liquor
21    licenses within the same municipality.
22    (ee) 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 within a full-service grocery store at a premises that
26is located within a municipality with a population in excess

 

 

10200HB1344ham001- 26 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 27 -LRB102 03360 RPS 24223 a

1within 100 feet of a school if:
2        (1) the sale of alcoholic liquor is not the principal
3    business carried on at the premises;
4        (2) the sale of alcoholic liquor at the premises is
5    incidental to the operation of a theater;
6        (3) the premises is a one and one-half-story building
7    of approximately 10,000 square feet;
8        (4) the school is a City of Chicago School District
9    299 school;
10        (5) the primary entrance of the premises and the
11    primary entrance of the school are at least 300 feet apart
12    and no more than 400 feet apart;
13        (6) the alderman of the ward in which the premises is
14    located has expressed, in writing, his support for the
15    issuance of the license; and
16        (7) the principal of the school has expressed, in
17    writing, that there is no objection to the issuance of a
18    license under this subsection (ff).
19    (gg) 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 incidental to the sale of food within a restaurant or
23banquet facility established in a premises that is located in
24a municipality with a population in excess of 1,000,000
25inhabitants and within 100 feet of a church if:
26        (1) the sale of alcoholic liquor is not the principal

 

 

10200HB1344ham001- 28 -LRB102 03360 RPS 24223 a

1    business carried on by the licensee at the premises;
2        (2) the property on which the church is located and
3    the property on which the premises are located are both
4    within a district originally listed on the National
5    Register of Historic Places on February 14, 1979;
6        (3) the property on which the premises are located
7    contains one or more multi-story buildings that are at
8    least 95 years old and have no more than three stories;
9        (4) the building in which the church is located is at
10    least 120 years old;
11        (5) the property on which the church is located is
12    immediately adjacent to and west of the property on which
13    the premises are located;
14        (6) the western boundary of the property on which the
15    premises are located is no less than 118 feet in length and
16    no more than 122 feet in length;
17        (7) as of December 31, 2012, both the church property
18    and the property on which the premises are located are
19    within 250 feet of City of Chicago Business-Residential
20    Planned Development Number 38;
21        (8) the principal religious leader at the place of
22    worship has indicated his or her support for the issuance
23    of the license in writing; and
24        (9) the alderman in whose district the premises are
25    located has expressed his or her support for the issuance
26    of the license in writing.

 

 

10200HB1344ham001- 29 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 30 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 31 -LRB102 03360 RPS 24223 a

1    business carried on by the licensee at the premises;
2        (2) the sale of alcoholic liquor is incidental to the
3    sale of food;
4        (3) the premises are located east of the church, on
5    perpendicular streets, and separated by an alley;
6        (4) the distance between the primary entrance of the
7    premises and the primary entrance of the church is at
8    least 175 feet;
9        (5) the distance between the property line of the
10    premises and the property line of the church is at least 40
11    feet;
12        (6) the licensee has been operating at the premises
13    since 2012;
14        (7) the church was constructed in 1904;
15        (8) the alderman of the ward in which the premises is
16    located has expressed, in writing, his or her support for
17    the issuance of the license; and
18        (9) 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    (jj).
22    (kk) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor at a premises that is located within a municipality
26with a population in excess of 1,000,000 inhabitants and

 

 

10200HB1344ham001- 32 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 33 -LRB102 03360 RPS 24223 a

1        (4) as of February 27, 2013, the licensee had 1,778
2    stores operating nationwide, 89 operating in this State,
3    and 11 stores operating within the municipality;
4        (5) the licensee shall occupy approximately 191,535
5    square feet of space within a building that is located
6    across the street from an elementary school; and
7        (6) 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    (mm) 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 within premises and at an outdoor patio or sidewalk
14cafe, or both, attached to premises that are located in a
15municipality with a population in excess of 1,000,000
16inhabitants and that are within 100 feet of a hospital if:
17        (1) the primary business of the restaurant consists of
18    the sale of food where the sale of liquor is incidental to
19    the sale of food;
20        (2) as a restaurant, the premises may or may not offer
21    catering as an incidental part of food service;
22        (3) the primary business of the restaurant is
23    conducted in space owned by a hospital or an entity owned
24    or controlled by, under common control with, or that
25    controls a hospital, and the chief hospital administrator
26    has expressed his or her support for the issuance of the

 

 

10200HB1344ham001- 34 -LRB102 03360 RPS 24223 a

1    license in writing; and
2        (4) the hospital is an adult acute care facility
3    primarily located within the City of Chicago Institutional
4    Planned Development Number 3.
5    (nn) Notwithstanding any provision of this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license authorizing the sale of alcoholic
8liquor at a premises that is located within a municipality
9with a population in excess of 1,000,000 inhabitants and
10within 100 feet of a church if:
11        (1) the sale of alcoholic liquor is not the principal
12    business carried out on the premises;
13        (2) the sale of alcoholic liquor at the premises is
14    incidental to the operation of a theater;
15        (3) the premises are a building that was constructed
16    in 1913 and opened on May 24, 1915 as a vaudeville theater,
17    and the premises were converted to a motion picture
18    theater in 1935;
19        (4) the church was constructed in 1889 with a stone
20    exterior;
21        (5) the primary entrance of the premises and the
22    primary entrance of the church are at least 100 feet
23    apart;
24        (6) the principal religious leader at the place of
25    worship has indicated his or her consent to the issuance
26    of the license in writing; and

 

 

10200HB1344ham001- 35 -LRB102 03360 RPS 24223 a

1        (7) the alderman in whose ward the premises are
2    located has expressed his or her support for the issuance
3    of the license in writing.
4    (oo) 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
8with a population in excess of 1,000,000 inhabitants and
9within 100 feet of a mosque, church, or other place of worship
10if:
11        (1) the primary entrance of the premises and the
12    primary entrance of the mosque, church, or other place of
13    worship are perpendicular and are on different streets;
14        (2) the primary entrance to the premises faces West
15    and the primary entrance to the mosque, church, or other
16    place of worship faces South;
17        (3) the distance between the 2 primary entrances is at
18    least 100 feet;
19        (4) the mosque, church, or other place of worship was
20    established in a location within 100 feet of the premises
21    after a license for the sale of alcohol at the premises was
22    first issued;
23        (5) the mosque, church, or other place of worship was
24    established on or around January 1, 2011;
25        (6) a license for the sale of alcohol at the premises
26    was first issued on or before January 1, 1985;

 

 

10200HB1344ham001- 36 -LRB102 03360 RPS 24223 a

1        (7) a license for the sale of alcohol at the premises
2    has been continuously in effect since January 1, 1985,
3    except for interruptions between licenses of no more than
4    90 days; and
5        (8) the premises are a single-story, single-use
6    building of at least 3,000 square feet and no more than
7    3,380 square feet.
8    (pp) 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 incidental to the sale of food within a restaurant or
12banquet facility established on premises that are located in a
13municipality with a population in excess of 1,000,000
14inhabitants and within 100 feet of at least one church if:
15        (1) the sale of liquor shall not be the principal
16    business carried on by the licensee at the premises;
17        (2) the premises are at least 2,000 square feet and no
18    more than 10,000 square feet and is located in a
19    single-story building;
20        (3) the property on which the premises are located is
21    within an area that, as of 2009, was designated as a
22    Renewal Community by the United States Department of
23    Housing and Urban Development;
24        (4) the property on which the premises are located and
25    the properties on which the churches are located are on
26    the same street;

 

 

10200HB1344ham001- 37 -LRB102 03360 RPS 24223 a

1        (5) the property on which the premises are located is
2    immediately adjacent to and east of the property on which
3    at least one of the churches is located;
4        (6) the property on which the premises are located is
5    across the street and southwest of the property on which
6    another church is located;
7        (7) the principal religious leaders of the churches
8    have indicated their support for the issuance of the
9    license in writing; and
10        (8) the alderman in whose ward the premises are
11    located has expressed his or her support for the issuance
12    of the license in writing.
13    For purposes of this subsection (pp), "banquet facility"
14means the part of the building that caters to private parties
15and where the sale of alcoholic liquors is not the principal
16business.
17    (qq) 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 on premises that are located within a municipality with
21a population in excess of 1,000,000 inhabitants and within 100
22feet of a church or school if:
23        (1) the primary entrance of the premises and the
24    closest entrance of the church or school are at least 200
25    feet apart and no greater than 300 feet apart;
26        (2) the shortest distance between the premises and the

 

 

10200HB1344ham001- 38 -LRB102 03360 RPS 24223 a

1    church or school is at least 66 feet apart and no greater
2    than 81 feet apart;
3        (3) the premises are a single-story, steel-framed
4    commercial building with at least 18,042 square feet, and
5    was constructed in 1925 and 1997;
6        (4) the owner of the business operated within the
7    premises has been the general manager of a similar
8    supermarket within one mile from the premises, which has
9    had a valid license authorizing the sale of alcoholic
10    liquor since 2002, and is in good standing with the City of
11    Chicago;
12        (5) the principal religious leader at the place of
13    worship has indicated his or her support to the issuance
14    or renewal of the license in writing;
15        (6) the alderman of the ward has indicated his or her
16    support to the issuance or renewal of the license in
17    writing; and
18        (7) the principal of the school has indicated his or
19    her support to the issuance or renewal of the license in
20    writing.
21    (rr) Notwithstanding any provision of this Section to the
22contrary, nothing in this Section shall prohibit the issuance
23or renewal of a license authorizing the sale of alcoholic
24liquor at premises located within a municipality with a
25population in excess of 1,000,000 inhabitants and within 100
26feet of a club that leases space to a school if:

 

 

10200HB1344ham001- 39 -LRB102 03360 RPS 24223 a

1        (1) the sale of alcoholic liquor is not the principal
2    business carried out on the premises;
3        (2) the sale of alcoholic liquor at the premises is
4    incidental to the operation of a grocery store;
5        (3) the premises are a building of approximately 1,750
6    square feet and is rented by the owners of the grocery
7    store from a family member;
8        (4) the property line of the premises is approximately
9    68 feet from the property line of the club;
10        (5) the primary entrance of the premises and the
11    primary entrance of the club where the school leases space
12    are at least 100 feet apart;
13        (6) the director of the club renting space to the
14    school has indicated his or her consent to the issuance of
15    the license in writing; and
16        (7) the alderman in whose district the premises are
17    located has expressed his or her support for the issuance
18    of the license in writing.
19    (ss) 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 church if:
25        (1) the premises are located within a 15 unit building
26    with 13 residential apartments and 2 commercial spaces,

 

 

10200HB1344ham001- 40 -LRB102 03360 RPS 24223 a

1    and the licensee will occupy both commercial spaces;
2        (2) a restaurant has been operated on the premises
3    since June 2011;
4        (3) the restaurant currently occupies 1,075 square
5    feet, but will be expanding to include 975 additional
6    square feet;
7        (4) the sale of alcoholic liquor is not the principal
8    business carried on by the licensee at the premises;
9        (5) the premises are located south of the church and
10    on the same street and are separated by a one-way
11    westbound street;
12        (6) the primary entrance of the premises is at least
13    93 feet from the primary entrance of the church;
14        (7) the shortest distance between any part of the
15    premises and any part of the church is at least 72 feet;
16        (8) the building in which the restaurant is located
17    was built in 1910;
18        (9) the alderman of the ward in which the premises are
19    located has expressed, in writing, his or her support for
20    the issuance of the license; and
21        (10) the principal religious leader of the church has
22    delivered a written statement that he or she does not
23    object to the issuance of a license under this subsection
24    (ss).
25    (tt) Notwithstanding any provision of this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

10200HB1344ham001- 41 -LRB102 03360 RPS 24223 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 sale of alcoholic liquor is not the principal
6    business carried on by the licensee at the premises;
7        (2) the sale of alcoholic liquor is incidental to the
8    sale of food;
9        (3) the sale of alcoholic liquor at the premises was
10    previously authorized by a package goods liquor license;
11        (4) the premises are at least 40,000 square feet with
12    25 parking spaces in the contiguous surface lot to the
13    north of the store and 93 parking spaces on the roof;
14        (5) the shortest distance between the lot line of the
15    parking lot of the premises and the exterior wall of the
16    church is at least 80 feet;
17        (6) the distance between the building in which the
18    church is located and the building in which the premises
19    are located is at least 180 feet;
20        (7) the main entrance to the church faces west and is
21    at least 257 feet from the main entrance of the premises;
22    and
23        (8) the applicant is the owner of 10 similar grocery
24    stores within the City of Chicago and the surrounding area
25    and has been in business for more than 30 years.
26    (uu) Notwithstanding any provision of this Section to the

 

 

10200HB1344ham001- 42 -LRB102 03360 RPS 24223 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 church if:
6        (1) the sale of alcoholic liquor is not the principal
7    business carried on by the licensee at the premises;
8        (2) the sale of alcoholic liquor is incidental to the
9    operation of a grocery store;
10        (3) the premises are located in a building that is
11    approximately 68,000 square feet with 157 parking spaces
12    on property that was previously vacant land;
13        (4) the main entrance to the church faces west and is
14    at least 500 feet from the entrance of the premises, which
15    faces north;
16        (5) the church and the premises are separated by an
17    alley;
18        (6) the applicant is the owner of 9 similar grocery
19    stores in the City of Chicago and the surrounding area and
20    has been in business for more than 40 years; and
21        (7) the alderman of the ward in which the premises are
22    located has expressed, in writing, his or her support for
23    the issuance of the license.
24    (vv) 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

 

 

10200HB1344ham001- 43 -LRB102 03360 RPS 24223 a

1liquor at premises located within a municipality with a
2population in excess of 1,000,000 inhabitants and within 100
3feet of a church if:
4        (1) the sale of alcoholic liquor is the principal
5    business carried on by the licensee at the premises;
6        (2) the sale of alcoholic liquor is primary to the
7    sale of food;
8        (3) the premises are located south of the church and
9    on perpendicular streets and are separated by a driveway;
10        (4) the primary entrance of the premises is at least
11    100 feet from the primary entrance of the church;
12        (5) the shortest distance between any part of the
13    premises and any part of the church is at least 15 feet;
14        (6) the premises are less than 100 feet from the
15    church center, but greater than 100 feet from the area
16    within the building where church services are held;
17        (7) the premises are 25,830 square feet and sit on a
18    lot that is 0.48 acres;
19        (8) the premises were once designated as a Korean
20    American Presbyterian Church and were once used as a
21    Masonic Temple;
22        (9) the premises were built in 1910;
23        (10) the alderman of the ward in which the premises
24    are located has expressed, in writing, his or her support
25    for the issuance of the license; and
26        (11) the principal religious leader of the church has

 

 

10200HB1344ham001- 44 -LRB102 03360 RPS 24223 a

1    delivered a written statement that he or she does not
2    object to the issuance of a license under this subsection
3    (vv).
4    For the purposes of this subsection (vv), "premises" means
5a place of business together with a privately owned outdoor
6location that is adjacent to the place of business.
7    (ww) 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 school if:
13        (1) the school is located within Sub Area III of City
14    of Chicago Residential-Business Planned Development Number
15    523, as amended; and
16        (2) the premises are located within Sub Area I, Sub
17    Area II, or Sub Area IV of City of Chicago
18    Residential-Business Planned Development Number 523, as
19    amended.
20    (xx) 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 at premises located within a municipality with a
24population in excess of 1,000,000 inhabitants and within 100
25feet of a church if:
26        (1) the sale of wine or wine-related products is the

 

 

10200HB1344ham001- 45 -LRB102 03360 RPS 24223 a

1    exclusive business carried on by the licensee at the
2    premises;
3        (2) the primary entrance of the premises and the
4    primary entrance of the church are at least 100 feet apart
5    and are located on different streets;
6        (3) the building in which the premises are located and
7    the building in which the church is located are separated
8    by an alley;
9        (4) the premises consists of less than 2,000 square
10    feet of floor area dedicated to the sale of wine or
11    wine-related products;
12        (5) the premises are located on the first floor of a
13    2-story building that is at least 99 years old and has a
14    residential unit on the second floor; and
15        (6) the principal religious leader at the church has
16    indicated his or her support for the issuance or renewal
17    of the license in writing.
18    (yy) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor at premises located within a municipality with a
22population in excess of 1,000,000 inhabitants and within 100
23feet of a church if:
24        (1) the premises are a 27-story hotel containing 191
25    guest rooms;
26        (2) the sale of alcoholic liquor is not the principal

 

 

10200HB1344ham001- 46 -LRB102 03360 RPS 24223 a

1    business carried on by the licensee at the premises and is
2    limited to a restaurant located on the first floor of the
3    hotel;
4        (3) the hotel is adjacent to the church;
5        (4) the site is zoned as DX-16;
6        (5) 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    (yy); and
10        (6) the alderman of the ward in which the premises are
11    located has expressed, in writing, his or her support for
12    the issuance of the license.
13    (zz) 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 premises located within a municipality with a
17population in excess of 1,000,000 inhabitants and within 100
18feet of a church if:
19        (1) the premises are a 15-story hotel containing 143
20    guest rooms;
21        (2) the premises are approximately 85,691 square feet;
22        (3) a restaurant is operated on the premises;
23        (4) the restaurant is located in the first floor lobby
24    of the hotel;
25        (5) the sale of alcoholic liquor is not the principal
26    business carried on by the licensee at the premises;

 

 

10200HB1344ham001- 47 -LRB102 03360 RPS 24223 a

1        (6) the hotel is located approximately 50 feet from
2    the church and is separated from the church by a public
3    street on the ground level and by air space on the upper
4    level, which is where the public entrances are located;
5        (7) the site is zoned as DX-16;
6        (8) 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    (zz); and
10        (9) the alderman of the ward in which the premises are
11    located has expressed, in writing, his or her support for
12    the issuance of the license.
13    (aaa) Notwithstanding any provision in this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor within a full-service grocery store at premises located
17within a municipality with a population in excess of 1,000,000
18inhabitants and within 100 feet of a school if:
19        (1) the sale of alcoholic liquor is not the primary
20    business activity of the grocery store;
21        (2) the premises are newly constructed on land that
22    was formerly used by the Young Men's Christian
23    Association;
24        (3) the grocery store is located within a planned
25    development that was approved by the municipality in 2007;
26        (4) the premises are located in a multi-building,

 

 

10200HB1344ham001- 48 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 49 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 50 -LRB102 03360 RPS 24223 a

1    operation of a grocery store and comprises no more than
2    10% of the total in-store sales;
3        (4) the owner and operator of the grocery store
4    operates at least 10 other grocery stores that have
5    alcoholic liquor licenses within the same municipality;
6        (5) the premises are new construction when the license
7    is first issued;
8        (6) the constructed premises are to be no less than
9    50,000 square feet;
10        (7) the school is a private church-affiliated school;
11        (8) the premises and the property containing the
12    church and church-affiliated school are located on
13    perpendicular streets and the school and church are
14    adjacent to one another;
15        (9) the pastor of the church and school has expressed,
16    in writing, support for the issuance of the license; and
17        (10) the alderman of the ward in which the premises
18    are located has expressed, in writing, his or her support
19    for the issuance of the license.
20    (ddd) 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 at premises located within a municipality with a
24population in excess of 1,000,000 inhabitants and within 100
25feet of a church or school if:
26        (1) the business has been issued a license from the

 

 

10200HB1344ham001- 51 -LRB102 03360 RPS 24223 a

1    municipality to allow the business to operate a theater on
2    the premises;
3        (2) the theater has less than 200 seats;
4        (3) the premises are approximately 2,700 to 3,100
5    square feet of space;
6        (4) the premises are located to the north of the
7    church;
8        (5) the primary entrance of the premises and the
9    primary entrance of any church within 100 feet of the
10    premises are located either on a different street or
11    across a right-of-way from the premises;
12        (6) the primary entrance of the premises and the
13    primary entrance of any school within 100 feet of the
14    premises are located either on a different street or
15    across a right-of-way from the premises;
16        (7) the premises are located in a building that is at
17    least 100 years old; and
18        (8) any church or school located within 100 feet of
19    the premises has indicated its support for the issuance or
20    renewal of the license to the premises in writing.
21    (eee) Notwithstanding any provision of this Section to the
22contrary, nothing in this Section shall prohibit the issuance
23or renewal of a license authorizing the sale of alcoholic
24liquor at premises located within a municipality with a
25population in excess of 1,000,000 inhabitants and within 100
26feet of a church and school if:

 

 

10200HB1344ham001- 52 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 53 -LRB102 03360 RPS 24223 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 church if:
6        (1) the sale of alcoholic liquor is not the principal
7    business carried on by the licensee at the premises;
8        (2) the sale of alcoholic liquor at the premises is
9    incidental to the operation of a grocery store;
10        (3) the premises are a one-story building containing
11    approximately 10,000 square feet and are rented by the
12    owners of the grocery store;
13        (4) the sale of alcoholic liquor at the premises
14    occurs in a retail area of the grocery store that is
15    approximately 3,500 square feet;
16        (5) the grocery store has operated at the location
17    since 1984;
18        (6) the grocery store is closed on Sundays;
19        (7) the property on which the premises are located is
20    a corner lot that is bound by 3 streets and an alley, where
21    one street is a one-way street that runs north-south, one
22    street runs east-west, and one street runs
23    northwest-southeast;
24        (8) the property line of the premises is approximately
25    16 feet from the property line of the building where the
26    church is located;

 

 

10200HB1344ham001- 54 -LRB102 03360 RPS 24223 a

1        (9) the premises are separated from the building
2    containing the church by a public alley;
3        (10) the primary entrance of the premises and the
4    primary entrance of the church are at least 100 feet
5    apart;
6        (11) representatives of the church have delivered a
7    written statement that the church does not object to the
8    issuance of a license under this subsection (fff); and
9        (12) the alderman of the ward in which the grocery
10    store is located has expressed, in writing, his or her
11    support for the issuance of the license.
12    (ggg) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of licenses authorizing the sale of alcoholic
15liquor within a restaurant or lobby coffee house at premises
16located within a municipality with a population in excess of
171,000,000 inhabitants and within 100 feet of a church and
18school if:
19        (1) a residential retirement home formerly operated on
20    the premises and the premises are being converted into a
21    new apartment living complex containing studio and
22    one-bedroom apartments with ground floor retail space;
23        (2) the restaurant and lobby coffee house are located
24    within a Community Shopping District within the
25    municipality;
26        (3) the premises are located in a single-building,

 

 

10200HB1344ham001- 55 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 56 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 57 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 58 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 59 -LRB102 03360 RPS 24223 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 synagogue or school if:
6        (1) the sale of alcoholic liquor at the premises is
7    incidental to the sale of food;
8        (2) the sale of alcoholic liquor is not the principal
9    business carried on by the licensee at the premises;
10        (3) the premises are located on the same street on
11    which the synagogue or school is located;
12        (4) the primary entrance to the premises and the
13    closest entrance to the synagogue or school is at least
14    100 feet apart;
15        (5) the shortest distance between the premises and the
16    synagogue or school is at least 65 feet apart and no
17    greater than 70 feet apart;
18        (6) the premises are between 1,800 and 2,000 square
19    feet;
20        (7) the synagogue was founded in 1861; and
21        (8) the leader of the synagogue has indicated, in
22    writing, the synagogue's support for the issuance or
23    renewal of the license.
24    (mmm) Notwithstanding any provision of this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of licenses authorizing the sale of alcoholic

 

 

10200HB1344ham001- 60 -LRB102 03360 RPS 24223 a

1liquor within a restaurant or lobby coffee house at premises
2located within a municipality with a population in excess of
31,000,000 inhabitants and within 100 feet of a church if:
4        (1) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (2) the sale of alcoholic liquor at the premises is
7    incidental to the sale of food in a restaurant;
8        (3) the restaurant has been run by the same family for
9    at least 19 consecutive years;
10        (4) the premises are located in a 3-story building in
11    the most easterly part of the first floor;
12        (5) the building in which the premises are located has
13    residential housing on the second and third floors;
14        (6) the primary entrance to the premises is on a
15    north-south street around the corner and across an alley
16    from the primary entrance to the church, which is on an
17    east-west street;
18        (7) the primary entrance to the church and the primary
19    entrance to the premises are more than 160 feet apart; and
20        (8) the church has expressed, in writing, its support
21    for the issuance of a license under this subsection.
22    (nnn) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of licenses authorizing the sale of alcoholic
25liquor within a restaurant or lobby coffee house at premises
26located within a municipality with a population in excess of

 

 

10200HB1344ham001- 61 -LRB102 03360 RPS 24223 a

11,000,000 inhabitants and within 100 feet of a school and
2church or synagogue if:
3        (1) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the premises;
5        (2) the sale of alcoholic liquor at the premises is
6    incidental to the sale of food in a restaurant;
7        (3) the front door of the synagogue faces east on the
8    next north-south street east of and parallel to the
9    north-south street on which the restaurant is located
10    where the restaurant's front door faces west;
11        (4) the closest exterior pedestrian entrance that
12    leads to the school or the synagogue is across an
13    east-west street and at least 300 feet from the primary
14    entrance to the restaurant;
15        (5) the nearest church-related or school-related
16    building is a community center building;
17        (6) the restaurant is on the ground floor of a 3-story
18    building constructed in 1896 with a brick facade;
19        (7) the restaurant shares the ground floor with a
20    theater, and the second and third floors of the building
21    in which the restaurant is located consists of residential
22    housing;
23        (8) the leader of the synagogue and school has
24    expressed, in writing, that the synagogue does not object
25    to the issuance of a license under this subsection; and
26        (9) the alderman of the ward in which the premises is

 

 

10200HB1344ham001- 62 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 63 -LRB102 03360 RPS 24223 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 or churches if:
5        (1) the shortest distance between the premises and a
6    church is at least 78 feet apart and no greater than 95
7    feet apart;
8        (2) the premises are a single-story, brick commercial
9    building and between 3,600 to 4,000 square feet and the
10    original building was built before 1922;
11        (3) the premises are located in a B3-2 zoning
12    district;
13        (4) the premises are separated from the buildings
14    containing the churches by a street;
15        (5) the previous owners of the business located on the
16    premises held a liquor license for at least 10 years;
17        (6) the new owner of the business located on the
18    premises has managed 2 other food and liquor stores since
19    1997;
20        (7) the principal religious leaders at the places of
21    worship have indicated their support for the issuance or
22    renewal of the license in writing; and
23        (8) 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    (qqq) Notwithstanding any provision of this Section to the

 

 

10200HB1344ham001- 64 -LRB102 03360 RPS 24223 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 church if:
6        (1) the sale of alcoholic liquor at the premises is
7    incidental to the sale of food;
8        (2) the sale of alcoholic liquor is not the principal
9    business carried on by the licensee at the premises;
10        (3) the premises are located on the opposite side of
11    the same street on which the church is located;
12        (4) the church is located on a corner lot;
13        (5) the shortest distance between the premises and the
14    church is at least 90 feet apart and no greater than 95
15    feet apart;
16        (6) the premises are at least 3,000 but no more than
17    5,000 square feet;
18        (7) the church's original chapel was built in 1858;
19        (8) the church's first congregation was organized in
20    1860; and
21        (9) the leaders of the church and the alderman of the
22    ward in which the premises are located has expressed, in
23    writing, their support for the issuance of the license.
24    (rrr) 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

 

 

10200HB1344ham001- 65 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 66 -LRB102 03360 RPS 24223 a

1population in excess of 1,000,000 inhabitants and within 100
2feet of a church or school if:
3        (1) the premises are at least 5,300 square feet and
4    located in a building that was built prior to 1940;
5        (2) the shortest distance between the property line of
6    the premises and the exterior wall of the building in
7    which the church is located is at least 109 feet;
8        (3) the distance between the building in which the
9    church is located and the building in which the premises
10    are located is at least 118 feet;
11        (4) the main entrance to the church faces west and is
12    at least 602 feet from the main entrance of the premises;
13        (5) the shortest distance between the property line of
14    the premises and the property line of the school is at
15    least 177 feet;
16        (6) the applicant has been in business for more than
17    10 years;
18        (7) the principal religious leader of the church has
19    indicated his or her support for the issuance or renewal
20    of the license in writing;
21        (8) the principal of the school has indicated in
22    writing that he or she is not opposed to the issuance of
23    the license; and
24        (9) the alderman of the ward in which the premises are
25    located has expressed, in writing, his or her support for
26    the issuance of the license.

 

 

10200HB1344ham001- 67 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 68 -LRB102 03360 RPS 24223 a

1    the license; and
2        (9) the alderman of the ward in which the premises are
3    located has expressed, in writing, his or her support for
4    the issuance of the license.
5    (uuu) 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 place of worship if:
11        (1) the sale of liquor is incidental to the sale of
12    food;
13        (2) the premises are at least 7,100 square feet;
14        (3) the shortest distance between the north property
15    line of the premises and the nearest exterior wall of the
16    place of worship is at least 86 feet;
17        (4) the main entrance to the place of worship faces
18    north and is more than 150 feet from the main entrance of
19    the premises;
20        (5) the applicant has been in business for more than
21    20 years at the location;
22        (6) the principal religious leader of the place of
23    worship has indicated his or her support for the issuance
24    or renewal of the license in writing; and
25        (7) the alderman of the ward in which the premises are
26    located has expressed, in writing, his or her support for

 

 

10200HB1344ham001- 69 -LRB102 03360 RPS 24223 a

1    the issuance of the license.
2    (vvv) 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 2 churches if:
8        (1) as of January 1, 2015, the premises were used for
9    the sale of alcoholic liquor for consumption on the
10    premises and the sale was authorized pursuant to a retail
11    tavern license held by an individual as the sole
12    proprietor of the premises;
13        (2) a primary entrance of the church situated to the
14    south of the premises is located on a street running
15    perpendicular to the street upon which a primary entrance
16    of the premises is situated;
17        (3) the church located to the south of the premises is
18    a 3-story structure that was constructed in 2006;
19        (4) a parking lot separates the premises from the
20    church located to the south of the premises;
21        (5) the building in which the premises are situated
22    was constructed before 1930;
23        (6) the building in which the premises are situated is
24    a 2-story, mixed-use commercial and residential structure
25    containing more than 20,000 total square feet and
26    containing at least 7 residential units on the second

 

 

10200HB1344ham001- 70 -LRB102 03360 RPS 24223 a

1    floor and 3 commercial units on the first floor;
2        (7) the building in which the premises are situated is
3    immediately adjacent to the church located to the north of
4    the premises;
5        (8) the primary entrance of the church located to the
6    north of the premises and the primary entrance of the
7    premises are located on the same street;
8        (9) the churches have not indicated their opposition
9    to the issuance or renewal of the license in writing; and
10        (10) the alderman of the ward in which the premises
11    are located has expressed, in writing, his or her support
12    for the issuance of the license.
13    (www) Notwithstanding any provision of this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of licenses authorizing the sale of alcoholic
16liquor within a restaurant at premises located within a
17municipality with a population in excess of 1,000,000
18inhabitants and within 100 feet of a school if:
19        (1) the sale of alcoholic liquor is incidental to the
20    sale of food and is not the principal business of the
21    restaurant;
22        (2) the building in which the restaurant is located
23    was constructed in 1909 and is a 2-story structure;
24        (3) the restaurant has been operating continuously
25    since 1962, has been located at the existing premises
26    since 1989, and has been owned and operated by the same

 

 

10200HB1344ham001- 71 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 72 -LRB102 03360 RPS 24223 a

1or renewal of a license authorizing the sale of alcoholic
2liquor at a store that is 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 primarily used for the sale of
6    alcoholic liquor;
7        (2) on January 1, 2017, the store was authorized to
8    sell alcoholic liquor pursuant to a package goods liquor
9    license;
10        (3) on January 1, 2017, the store occupied
11    approximately 5,560 square feet and will be expanded to
12    include 440 additional square feet for the purpose of
13    storage;
14        (4) the store was in existence before the church;
15        (5) the building in which the store is located was
16    built in 1956 and is immediately south of the church;
17        (6) the store and church are separated by an east-west
18    street;
19        (7) the owner of the store received his first liquor
20    license in 1986;
21        (8) the church has not indicated its opposition to the
22    issuance or renewal of the license in writing; and
23        (9) the alderman of the ward in which the store is
24    located has expressed his or her support for the issuance
25    or renewal of the license.
26    (zzz) Notwithstanding any provision of this Section to the

 

 

10200HB1344ham001- 73 -LRB102 03360 RPS 24223 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 church if:
6        (1) the premises are approximately 2,800 square feet
7    with east frontage on South Allport Street and north
8    frontage on West 18th Street in the City of Chicago;
9        (2) the shortest distance between the north property
10    line of the premises and the nearest exterior wall of the
11    church is 95 feet;
12        (3) the main entrance to the church is on West 18th
13    Street, faces south, and is more than 100 feet from the
14    main entrance to the premises;
15        (4) the sale of alcoholic liquor is incidental to the
16    sale of food in a restaurant;
17        (5) the principal religious leader of the church has
18    not indicated his or her opposition to the issuance or
19    renewal of the license in writing; and
20        (6) the alderman of the ward in which the premises are
21    located has indicated his or her support for the issuance
22    or renewal of the license in writing.
23    (aaaa) Notwithstanding any provision of this Section to
24the contrary, nothing in this Section shall prohibit the
25issuance or renewal of a license authorizing the sale of
26alcoholic liquor at premises located within a municipality

 

 

10200HB1344ham001- 74 -LRB102 03360 RPS 24223 a

1with a population in excess of 1,000,000 inhabitants and
2within 100 feet of a church if:
3        (1) the shortest distance between the premises and the
4    church is at least 65 feet apart and no greater than 70
5    feet apart;
6        (2) the premises are located on the ground floor of a
7    freestanding, 3-story building of brick construction with
8    2 stories of residential apartments above the premises;
9        (3) the premises are approximately 2,557 square feet;
10        (4) the premises and the church are located on
11    opposite corners and are separated by sidewalks and a
12    street;
13        (5) the sale of alcohol is not the principal business
14    carried on by the licensee at the premises;
15        (6) the pastor of the church has not indicated his or
16    her opposition to the issuance or renewal of the license
17    in writing; and
18        (7) the alderman of the ward in which the premises are
19    located has not indicated his or her opposition to the
20    issuance or renewal of the license in writing.
21    (bbbb) Notwithstanding any other provision of this Section
22to the contrary, nothing in this Section shall prohibit the
23issuance or renewal of a license authorizing the sale of
24alcoholic liquor at premises or an outdoor location at the
25premises located within a municipality with a population in
26excess of 1,000,000 inhabitants and that are within 100 feet

 

 

10200HB1344ham001- 75 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 76 -LRB102 03360 RPS 24223 a

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

 

 

10200HB1344ham001- 77 -LRB102 03360 RPS 24223 a

1with a population in excess of 1,000,000 inhabitants and
2within 100 feet of a school if:
3        (1) the premises are approximately 6,250 square feet
4    with south frontage on Bryn Mawr Avenue and north frontage
5    on the alley 125 feet north of Bryn Mawr Avenue in the City
6    of Chicago;
7        (2) the shortest distance between the south property
8    line of the premises and the nearest exterior wall of the
9    school is 248 feet;
10        (3) the main entrance to the school is on Christiana
11    Avenue, faces east, and is more than 100 feet from the main
12    entrance to the premises;
13        (4) the sale of alcoholic liquor is incidental to the
14    sale of food in a restaurant;
15        (5) the principal of the school has not indicated his
16    or her opposition to the issuance or renewal of the
17    license in writing; and
18        (6) the alderman of the ward in which the premises are
19    located has indicated his or her support for the issuance
20    or renewal of the license in writing.
21    (eeee) Notwithstanding any provision of this Section to
22the contrary, nothing in this Section shall prohibit the
23issuance or renewal of a license authorizing the sale of
24alcoholic liquor at premises located within a municipality
25with a population in excess of 1,000,000 inhabitants and
26within 100 feet of a school if:

 

 

10200HB1344ham001- 78 -LRB102 03360 RPS 24223 a

1        (1) the premises are approximately 2,300 square feet
2    with south frontage on 53rd Street in the City of Chicago
3    and the eastern property line of the premises abuts a
4    private alleyway;
5        (2) the shortest distance between the south property
6    line of the premises and the nearest exterior wall of the
7    school is approximately 187 feet;
8        (3) the main entrance to the school is on Cornell
9    Avenue, faces west, and is more than 100 feet from the main
10    entrance to the premises;
11        (4) the sale of alcoholic liquor is incidental to the
12    sale of food in a restaurant;
13        (5) the principal of the school has not indicated his
14    or her opposition to the issuance or renewal of the
15    license in writing; and
16        (6) the alderman of the ward in which the premises are
17    located has indicated his or her support for the issuance
18    or renewal of the license in writing.
19    (ffff) Notwithstanding any provision of this Section to
20the contrary, nothing in this Section shall prohibit the
21issuance or renewal of a license authorizing the sale of
22alcoholic liquor at premises located in Waukegan and within
23100 feet of a school if:
24        (1) the premises are located on the corner of North
25    Ave and Franklin Street in Waukegan;
26        (2) the premises are located less than 100 feet from

 

 

10200HB1344ham001- 79 -LRB102 03360 RPS 24223 a

1    North Elementary School; and
2        (3) the previous owner of the premises held a license
3    authorizing the sale of alcoholic liquor at the premises.
4(Source: P.A. 100-36, eff. 8-4-17; 100-38, eff. 8-4-17;
5100-201, eff. 8-18-17; 100-579, eff. 2-13-18; 100-663, eff.
68-2-18; 100-863, eff. 8-14-18; 100-1036, eff. 8-22-18; 101-81,
7eff. 7-12-19.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".