SB1293 EngrossedLRB097 06808 ASK 46899 b

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

 

 

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1nearest part of any building used for worship services or
2educational programs and not to property boundaries.
3    (b) Nothing in this Section shall prohibit the issuance of
4a retail license authorizing the sale of alcoholic liquor to a
5restaurant, the primary business of which is the sale of goods
6baked on the premises if (i) the restaurant is newly
7constructed and located on a lot of not less than 10,000 square
8feet, (ii) the restaurant costs at least $1,000,000 to
9construct, (iii) the licensee is the titleholder to the
10premises and resides on the premises, and (iv) the construction
11of the restaurant is completed within 18 months of the
12effective date of this amendatory Act of 1998.
13    (c) Nothing in this Section shall prohibit the issuance of
14a retail license authorizing the sale of alcoholic liquor
15incidental to a restaurant if (1) the primary business of the
16restaurant consists of the sale of food where the sale of
17liquor is incidental to the sale of food and the applicant is a
18completely new owner of the restaurant, (2) the immediately
19prior owner or operator of the premises where the restaurant is
20located operated the premises as a restaurant and held a valid
21retail license authorizing the sale of alcoholic liquor at the
22restaurant for at least part of the 24 months before the change
23of ownership, and (3) the restaurant is located 75 or more feet
24from a school.
25    (d) In the interest of further developing Illinois' economy
26in the area of commerce, tourism, convention, and banquet

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    at least 93 feet;
2        (9) the school is a City of Chicago School District 299
3    school;
4        (10) the school's main structure was erected in 1902
5    and an addition was built to the main structure in 1959;
6    and
7        (11) the principal of the school and the alderman in
8    whose district the premises are located have expressed, in
9    writing, their support for the issuance of the license.
10    (v) Notwithstanding any provision in this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license to sell alcoholic liquor at a premises
13that is located within a municipality with a population in
14excess of 1,000,000 inhabitants and within 100 feet of a church
15if:
16        (1) the sale of alcoholic liquor at the premises is
17    incidental to the sale of food;
18        (2) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (3) the premises occupy the first floor and basement of
21    a 2-story building that is 106 years old;
22        (4) the premises is at least 7,000 square feet and
23    located on a lot that is at least 11,000 square feet;
24        (5) the premises is located directly west of the
25    church, on perpendicular streets, and separated by an
26    alley;

 

 

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1        (6) the distance between the property line of the
2    premises and the property line of the church is at least 20
3    feet;
4        (7) the distance between the primary entrance of the
5    premises and the primary entrance of the church is at least
6    130 feet; and
7        (8) the church has been at its location for at least 40
8    years.
9(Source: P.A. 95-331, eff. 8-21-07; 95-752, eff. 1-1-09;
1096-283, eff. 8-11-09; 96-744, eff. 8-25-09; 96-851, eff.
1112-23-09; 96-871, eff. 1-21-10; 96-1051, eff. 7-14-10.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.