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1 | AN ACT concerning liquor.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Liquor Control Act of 1934 is amended by | ||||||||||||||||||||||||
5 | changing Section 6-11 as follows:
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6 | (235 ILCS 5/6-11)
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7 | Sec. 6-11. Sale near churches, schools, and hospitals.
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8 | (a) No license shall be issued for the sale at retail of | ||||||||||||||||||||||||
9 | any
alcoholic liquor within 100 feet of any church, school | ||||||||||||||||||||||||
10 | other than an
institution of higher learning, hospital, home | ||||||||||||||||||||||||
11 | for aged or indigent
persons or for veterans, their spouses or | ||||||||||||||||||||||||
12 | children or any military or
naval station, provided, that this | ||||||||||||||||||||||||
13 | prohibition shall not apply to hotels
offering restaurant | ||||||||||||||||||||||||
14 | service, regularly organized clubs, or to
restaurants, food | ||||||||||||||||||||||||
15 | shops or other places where sale of alcoholic liquors
is not | ||||||||||||||||||||||||
16 | the principal business carried on if the place of business so
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17 | exempted is not located in a municipality of more than 500,000 | ||||||||||||||||||||||||
18 | persons,
unless required by local ordinance; nor to the renewal | ||||||||||||||||||||||||
19 | of a license for the
sale at retail of alcoholic liquor on | ||||||||||||||||||||||||
20 | premises within 100 feet of any church
or school where the | ||||||||||||||||||||||||
21 | church or school has been established within such
100 feet | ||||||||||||||||||||||||
22 | since the issuance of the original license. In the case of a
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23 | church, the distance of 100 feet shall be measured to the |
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1 | nearest part
of any building used for worship services or | ||||||
2 | educational programs and
not to property boundaries.
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3 | (b) Nothing in this Section shall prohibit the issuance of | ||||||
4 | a retail
license
authorizing the sale of alcoholic liquor to a | ||||||
5 | restaurant, the primary business
of which is the sale of goods | ||||||
6 | baked on the premises if (i) the restaurant is
newly | ||||||
7 | constructed and located on a lot of not less than 10,000 square | ||||||
8 | feet,
(ii) the restaurant costs at least $1,000,000 to | ||||||
9 | construct, (iii) the licensee
is the titleholder to the | ||||||
10 | premises and resides on the premises, and (iv) the
construction | ||||||
11 | of the restaurant is completed within 18 months of the | ||||||
12 | effective
date of this amendatory Act of 1998.
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13 | (c) Nothing in this Section shall prohibit the issuance of | ||||||
14 | a retail
license
authorizing the sale of alcoholic liquor | ||||||
15 | incidental to a restaurant if (1) the
primary
business of the | ||||||
16 | restaurant consists of the sale of food where the sale of
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17 | liquor is incidental to the sale of food and the applicant is a | ||||||
18 | completely new
owner of the restaurant, (2) the immediately
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19 | prior owner or operator of the premises where the restaurant is | ||||||
20 | located
operated the premises as a restaurant and held a valid | ||||||
21 | retail license
authorizing the
sale of alcoholic liquor at the | ||||||
22 | restaurant for at least part of the 24 months
before the
change | ||||||
23 | of ownership, and (3) the restaurant is located 75 or more feet | ||||||
24 | from a
school.
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25 | (d) In the interest of further developing Illinois' economy | ||||||
26 | in the area
of
commerce, tourism, convention, and banquet |
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1 | business, nothing in this
Section shall
prohibit issuance of a | ||||||
2 | retail license authorizing the sale of alcoholic
beverages to a | ||||||
3 | restaurant, banquet facility, grocery store, or hotel having
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4 | not fewer than
150 guest room accommodations located in a | ||||||
5 | municipality of more than 500,000
persons, notwithstanding the | ||||||
6 | proximity of such hotel, restaurant,
banquet facility, or | ||||||
7 | grocery store to any church or school, if the licensed
premises
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8 | described on the license are located within an enclosed mall or | ||||||
9 | building of a
height of at least 6 stories, or 60 feet in the | ||||||
10 | case of a building that has
been registered as a national | ||||||
11 | landmark, or in a grocery store having a
minimum of 56,010 | ||||||
12 | square feet of floor space in a single story building in an
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13 | open mall of at least 3.96 acres that is adjacent to a public | ||||||
14 | school that
opened as a boys technical high school in 1934, or | ||||||
15 | in a grocery store having a minimum of 31,000 square feet of | ||||||
16 | floor space in a single story building located a distance of | ||||||
17 | more than 90 feet but less than 100 feet from a high school | ||||||
18 | that opened in 1928 as a junior high school and became a senior | ||||||
19 | high school in 1933, and in each of these
cases if the sale of
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20 | alcoholic liquors is not the principal business carried on by | ||||||
21 | the licensee.
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22 | For purposes of this Section, a "banquet facility" is any | ||||||
23 | part of a
building that caters to private parties and where the | ||||||
24 | sale of alcoholic liquors
is not the principal business.
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25 | (e) Nothing in this Section shall prohibit the issuance of | ||||||
26 | a license to
a
church or private school to sell at retail |
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1 | alcoholic liquor if any such
sales are limited to periods when | ||||||
2 | groups are assembled on the premises
solely for the promotion | ||||||
3 | of some common object other than the sale or
consumption of | ||||||
4 | alcoholic liquors.
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5 | (f) Nothing in this Section shall prohibit a church or | ||||||
6 | church affiliated
school
located in a home rule municipality or | ||||||
7 | in a municipality with 75,000 or more
inhabitants from locating
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8 | within 100 feet of a property for which there is a preexisting | ||||||
9 | license to sell
alcoholic liquor at retail. In these instances, | ||||||
10 | the local zoning authority
may, by ordinance adopted | ||||||
11 | simultaneously with the granting of an initial
special use | ||||||
12 | zoning permit for the church or church affiliated school, | ||||||
13 | provide
that the 100-foot restriction in this Section shall not | ||||||
14 | apply to that church or
church affiliated school and future | ||||||
15 | retail liquor licenses.
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16 | (g) Nothing in this Section shall prohibit the issuance of | ||||||
17 | a retail
license authorizing the sale of alcoholic liquor at | ||||||
18 | premises within 100 feet,
but not less than 90 feet, of a | ||||||
19 | public school if (1) the premises have been
continuously | ||||||
20 | licensed to sell alcoholic liquor
for a period of at least 50 | ||||||
21 | years,
(2) the premises are located in a municipality having a | ||||||
22 | population of over
500,000 inhabitants, (3) the licensee is an | ||||||
23 | individual who is a member of a
family that has held the | ||||||
24 | previous 3 licenses for that location for more than 25
years, | ||||||
25 | (4) the
principal of the school and the alderman of the ward in | ||||||
26 | which the school is
located have delivered a written statement |
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1 | to the local liquor control
commissioner stating that they do | ||||||
2 | not object to the issuance of a license
under this subsection | ||||||
3 | (g), and (5) the local liquor control commissioner has
received | ||||||
4 | the written consent of a majority of the registered voters who | ||||||
5 | live
within 200 feet of the premises.
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6 | (h) Notwithstanding any provision of this Section to the | ||||||
7 | contrary, nothing in this Section shall prohibit the issuance | ||||||
8 | or renewal of a license authorizing the sale of alcoholic | ||||||
9 | liquor within premises and at an outdoor patio area attached to | ||||||
10 | premises that are located in a municipality with a population | ||||||
11 | in excess of 300,000 inhabitants and that are within 100 feet | ||||||
12 | of a church if:
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13 | (1) the sale of alcoholic liquor at the premises is | ||||||
14 | incidental to the sale of food,
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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.
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26 | (i) Notwithstanding any provision in this Section to the |
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1 | contrary, nothing in this Section shall prohibit the issuance | ||||||
2 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
3 | that is located within a municipality with a population in | ||||||
4 | excess of 300,000 inhabitants and is within 100 feet of a | ||||||
5 | church, 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 | ||||||
14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
15 | of a retail
license authorizing the sale of alcoholic liquor at | ||||||
16 | a theater that is within 100 feet of a church if (1) the church | ||||||
17 | owns the theater, (2) the church leases the theater to one or | ||||||
18 | more entities, and
(3) the theater is used by at least 5 | ||||||
19 | different not-for-profit theater groups. | ||||||
20 | (k) Notwithstanding any provision in this Section to the | ||||||
21 | contrary, nothing in this Section shall prohibit the issuance | ||||||
22 | or renewal of a license authorizing the sale of alcoholic | ||||||
23 | liquor at a premises that is located within a municipality with | ||||||
24 | a population in excess of 1,000,000 inhabitants and is within | ||||||
25 | 100 feet of a school if:
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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 | ||||||
17 | contrary, nothing in this Section shall prohibit the issuance | ||||||
18 | or renewal of a license authorizing the sale of alcoholic | ||||||
19 | liquor at a premises that is located within a municipality with | ||||||
20 | a population in excess of 1,000,000 inhabitants and is within | ||||||
21 | 100 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.
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15 | (m) Notwithstanding any provision in this Section to the | ||||||
16 | contrary, nothing in this Section shall prohibit the issuance | ||||||
17 | or renewal of a license authorizing the sale of alcoholic | ||||||
18 | liquor at a premises that is located within a municipality with | ||||||
19 | a population in excess of 1,000,000 inhabitants and is within | ||||||
20 | 100 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 | ||||||
14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
15 | or renewal of a license authorizing the sale of alcoholic | ||||||
16 | liquor at a premises that is located within a municipality with | ||||||
17 | a population in excess of 1,000,000 inhabitants and is within | ||||||
18 | 100 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 | ||||||
6 | contrary, nothing in this Section shall prohibit the issuance | ||||||
7 | or renewal of a retail license authorizing the sale of | ||||||
8 | alcoholic liquor at a premises that is located within a | ||||||
9 | municipality in excess of 1,000,000 inhabitants and within 100 | ||||||
10 | feet 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 | ||||||
26 | place of business together with a privately owned outdoor |
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1 | location that is adjacent to the place of business. | ||||||
2 | (p) Notwithstanding any provision in this Section to the | ||||||
3 | contrary, nothing in this Section shall prohibit the issuance | ||||||
4 | or renewal of a license authorizing the sale of alcoholic | ||||||
5 | liquor at a premises that is located within a municipality with | ||||||
6 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
7 | feet 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 | ||||||
16 | contrary, nothing in this Section shall prohibit the issuance | ||||||
17 | or renewal of a license authorizing the sale of alcoholic | ||||||
18 | liquor within a premises that is located in a municipality with | ||||||
19 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
20 | feet 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 | ||||||
18 | contrary, nothing in this Section shall prohibit the issuance, | ||||||
19 | renewal, or maintenance of a license authorizing the sale of | ||||||
20 | alcoholic liquor incidental to the sale of food within a | ||||||
21 | restaurant established in a premises that is located in a | ||||||
22 | municipality with a population in excess of 1,000,000 | ||||||
23 | inhabitants 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 | ||||||
14 | contrary, nothing in this Section shall prohibit renewal of a | ||||||
15 | license authorizing the sale of alcoholic liquor at a premises | ||||||
16 | that is located within a municipality with a population more | ||||||
17 | than 5,000 and less than 10,000 and is within 100 feet of a | ||||||
18 | church 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 | ||||||
3 | contrary, nothing in this Section shall prohibit the issuance | ||||||
4 | or renewal of a
license authorizing the sale of alcoholic | ||||||
5 | liquor
incidental to the sale of food within a restaurant that | ||||||
6 | is established in a premises that is located in a municipality | ||||||
7 | with a population in excess of 1,000,000 inhabitants and within | ||||||
8 | 100 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 | ||||||
4 | contrary, nothing in this Section shall prohibit the issuance | ||||||
5 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
6 | that is located within a municipality with a population in | ||||||
7 | excess of 1,000,000 inhabitants and within 100 feet of a school | ||||||
8 | if: | ||||||
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 | ||||||
11 | contrary, nothing in this Section shall prohibit the issuance | ||||||
12 | or renewal of a license authorizing the sale of alcoholic | ||||||
13 | liquor at a premises that is located within a municipality with | ||||||
14 | a population in excess of 1,000,000 inhabitants and is within | ||||||
15 | 100 feet of a school if: | ||||||
16 | (1) the total land area of the premises for which the | ||||||
17 | license or renewal is sought is more than 600,000 square | ||||||
18 | feet; | ||||||
19 | (2) the premises for which the license or renewal is | ||||||
20 | sought has more than 600 parking stalls; | ||||||
21 | (3) the total area of all buildings on the premises for | ||||||
22 | which the license or renewal is sought exceeds 140,000 | ||||||
23 | square feet; | ||||||
24 | (4) the property line of the premises for which the | ||||||
25 | license or renewal is sought is separated from the property | ||||||
26 | line of the school by a street; |
| |||||||
| |||||||
1 | (5) the distance from the school's property line to the | ||||||
2 | property line of the premises for which the license or | ||||||
3 | renewal is sought is at least 60 feet; | ||||||
4 | (6) as of the effective date of this amendatory Act of | ||||||
5 | the 97th General Assembly, the premises for which the | ||||||
6 | license or renewal is sought is located in the Illinois | ||||||
7 | Medical District. | ||||||
8 | (w) Notwithstanding any provision in this Section to the | ||||||
9 | contrary, nothing in this Section shall prohibit the issuance | ||||||
10 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
11 | that is located within a municipality with a population in | ||||||
12 | excess of 1,000,000 inhabitants and within 100 feet of a church | ||||||
13 | if: | ||||||
14 | (1) the sale of alcoholic liquor at the premises is | ||||||
15 | incidental to the sale of food; | ||||||
16 | (2) the sale of alcoholic liquor is not the principal
| ||||||
17 | business carried on by the licensee at the premises; | ||||||
18 | (3) the premises occupy the first floor and basement of | ||||||
19 | a 2-story building that is 106 years old; | ||||||
20 | (4) the premises is at least 7,000 square feet and | ||||||
21 | located on a lot that is at least 11,000 square feet; | ||||||
22 | (5) the premises is located directly west of the | ||||||
23 | church, on perpendicular streets, and separated by an | ||||||
24 | alley; | ||||||
25 | (6) the distance between the
property line of the | ||||||
26 | premises and the property line of the church is at least 20 |
| |||||||
| |||||||
1 | feet; | ||||||
2 | (7) the distance between the primary entrance of the | ||||||
3 | premises and the primary entrance of the church is at least | ||||||
4 | 130 feet; and | ||||||
5 | (8) the church has been at its location for at least 40 | ||||||
6 | years. | ||||||
7 | (x) Notwithstanding any provision of this Section to the | ||||||
8 | contrary, nothing in this Section shall prohibit the issuance | ||||||
9 | or renewal of a license authorizing the sale of alcoholic | ||||||
10 | liquor at a premises that is located within a municipality with | ||||||
11 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
12 | feet of a church if: | ||||||
13 | (1) the sale of alcoholic liquor is not the principal | ||||||
14 | business carried on by the licensee at the premises; | ||||||
15 | (2) the church has been operating in its current | ||||||
16 | location since 1973; | ||||||
17 | (3) the premises has been operating in its current | ||||||
18 | location since 1988; | ||||||
19 | (4) the church and the premises are owned by the same | ||||||
20 | parish; | ||||||
21 | (5) the premises is used for cultural and educational | ||||||
22 | purposes; | ||||||
23 | (6) the primary entrance to the premises and the | ||||||
24 | primary entrance to the church are located on the same | ||||||
25 | street; | ||||||
26 | (7) the principal religious leader of the church has |
| |||||||
| |||||||
1 | indicated his support of the issuance of the license; | ||||||
2 | (8) the premises is a 2-story building of approximately | ||||||
3 | 23,000 square feet; and | ||||||
4 | (9) the premises houses a ballroom on its ground floor | ||||||
5 | of approximately 5,000 square feet. | ||||||
6 | (y) Notwithstanding any provision of this Section to the | ||||||
7 | contrary, nothing in this Section shall prohibit the issuance | ||||||
8 | or renewal of a license authorizing the sale of alcoholic | ||||||
9 | liquor at a premises that is located within a municipality with | ||||||
10 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
11 | feet of a school if: | ||||||
12 | (1) the sale of alcoholic liquor is not the principal | ||||||
13 | business carried on by the licensee at the premises; | ||||||
14 | (2) the sale of alcoholic liquor at the premises is | ||||||
15 | incidental to the sale of food; | ||||||
16 | (3) according to the municipality, the distance | ||||||
17 | between the east property line of the premises and the west | ||||||
18 | property line of the school is 97.8 feet; | ||||||
19 | (4) the school is a City of Chicago School District 299 | ||||||
20 | school; | ||||||
21 | (5) the school has been operating since 1959; | ||||||
22 | (6) the primary entrance to the premises and the | ||||||
23 | primary entrance to the school are located on the same | ||||||
24 | street; | ||||||
25 | (7) the street on which the entrances of the premises | ||||||
26 | and the school are located is a major diagonal |
| |||||||
| |||||||
1 | thoroughfare; | ||||||
2 | (8) the premises is a single-story building of | ||||||
3 | approximately 2,900 square feet; and | ||||||
4 | (9) the premises is used for commercial purposes only. | ||||||
5 | (z) Notwithstanding any provision of this Section to the | ||||||
6 | contrary, nothing in this Section shall prohibit the issuance | ||||||
7 | or renewal of a license authorizing the sale of alcoholic | ||||||
8 | liquor at a premises that is located within a municipality with | ||||||
9 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
10 | feet of a mosque if: | ||||||
11 | (1) the sale of alcoholic liquor is not the principal | ||||||
12 | business carried on by the licensee at the premises; | ||||||
13 | (2) the licensee shall only sell packaged liquors at | ||||||
14 | the premises; | ||||||
15 | (3) the licensee is a national retail chain having over | ||||||
16 | 100 locations within the municipality; | ||||||
17 | (4) the licensee has over 8,000 locations nationwide; | ||||||
18 | (5) the licensee has locations in all 50 states; | ||||||
19 | (6) the premises is located in the North-East quadrant | ||||||
20 | of the municipality; | ||||||
21 | (7) the premises is a free-standing building that has | ||||||
22 | "drive-through" pharmacy service; | ||||||
23 | (8) the premises has approximately 14,490 square feet | ||||||
24 | of retail space; | ||||||
25 | (9) the premises has approximately 799 square feet of | ||||||
26 | pharmacy space; |
| |||||||
| |||||||
1 | (10) the premises is located on a major arterial street | ||||||
2 | that runs east-west and accepts truck traffic; and | ||||||
3 | (11) the alderman of the ward in which the premises is | ||||||
4 | located has expressed, in writing, his or her support for | ||||||
5 | the issuance of the license. | ||||||
6 | (aa) Notwithstanding any provision of this Section to the | ||||||
7 | contrary, nothing in this Section shall prohibit the issuance | ||||||
8 | or renewal of a license authorizing the sale of alcoholic | ||||||
9 | liquor at a premises that is located within a municipality with | ||||||
10 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
11 | feet of a church if: | ||||||
12 | (1) the sale of alcoholic liquor is not the principal | ||||||
13 | business carried on by the licensee at the premises; | ||||||
14 | (2) the licensee shall only sell packaged liquors at | ||||||
15 | the premises; | ||||||
16 | (3) the licensee is a national retail chain having over | ||||||
17 | 100 locations within the municipality; | ||||||
18 | (4) the licensee has over 8,000 locations nationwide; | ||||||
19 | (5) the licensee has locations in all 50 states; | ||||||
20 | (6) the premises is located in the North-East quadrant | ||||||
21 | of the municipality; | ||||||
22 | (7) the premises is located across the street from a | ||||||
23 | national grocery chain outlet; | ||||||
24 | (8) the premises has approximately 16,148 square feet | ||||||
25 | of retail space; | ||||||
26 | (9) the premises has approximately 992 square feet of |
| |||||||
| |||||||
1 | pharmacy space; | ||||||
2 | (10) the premises is located on a major arterial street | ||||||
3 | that runs north-south and accepts truck traffic; and | ||||||
4 | (11) the alderman of the ward in which the premises is | ||||||
5 | located has expressed, in writing, his or her support for | ||||||
6 | the issuance of the license. | ||||||
7 | (bb) Notwithstanding any provision of this Section to the | ||||||
8 | contrary, nothing in this Section shall prohibit the issuance | ||||||
9 | or renewal of a license authorizing the sale of alcoholic | ||||||
10 | liquor at a premises that is located within a municipality with | ||||||
11 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
12 | feet of a church if: | ||||||
13 | (1) the sale of alcoholic liquor is not the principal | ||||||
14 | business carried on by the licensee at the premises; | ||||||
15 | (2) the sale of alcoholic liquor at the premises is | ||||||
16 | incidental to the sale of food; | ||||||
17 | (3) the primary entrance to the premises and the | ||||||
18 | primary entrance to the church are located on the same | ||||||
19 | street; | ||||||
20 | (4) the premises is across the street from the church; | ||||||
21 | (5) the street on which the premises and the church are | ||||||
22 | located is a major arterial street that runs east-west; | ||||||
23 | (6) the church is an elder-led and Bible-based Assyrian | ||||||
24 | church; | ||||||
25 | (7) the premises and the church are both single-story | ||||||
26 | buildings; |
| |||||||
| |||||||
1 | (8) the storefront directly west of the church is being | ||||||
2 | used as a restaurant; and | ||||||
3 | (9) the distance between the northern-most property | ||||||
4 | line of the premises and the southern-most property line of | ||||||
5 | the church is 65 feet. | ||||||
6 | (cc) Notwithstanding any provision of this Section to the | ||||||
7 | contrary, nothing in this Section shall prohibit the issuance | ||||||
8 | or renewal of a license authorizing the sale of alcoholic | ||||||
9 | liquor at a premises that is located within a municipality with | ||||||
10 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
11 | feet of a school if: | ||||||
12 | (1) the sale of alcoholic liquor is not the principal | ||||||
13 | business carried on by the licensee at the premises; | ||||||
14 | (2) the licensee shall only sell packaged liquors at | ||||||
15 | the premises; | ||||||
16 | (3) the licensee is a national retail chain; | ||||||
17 | (4) as of October 25, 2011, the licensee has 1,767 | ||||||
18 | stores operating nationwide, 87 stores operating in the | ||||||
19 | State, and 10 stores operating within the municipality; | ||||||
20 | (5) the licensee shall occupy approximately 124,000 | ||||||
21 | square feet of space in the basement and first and second | ||||||
22 | floors of a building located across the street from a | ||||||
23 | school; | ||||||
24 | (6) the school opened in August of 2009 and occupies | ||||||
25 | approximately 67,000 square feet of space; and | ||||||
26 | (7) the building in which the premises shall be located |
| |||||||
| |||||||
1 | has been listed on the National Register of Historic Places | ||||||
2 | since April 17, 1970. | ||||||
3 | (dd) Notwithstanding any provision in this Section to the | ||||||
4 | contrary, nothing in this Section shall prohibit the issuance | ||||||
5 | or renewal of a license authorizing the sale of alcoholic | ||||||
6 | liquor within a full-service grocery store at a premises that | ||||||
7 | is located within a municipality with a population in excess of | ||||||
8 | 1,000,000 inhabitants and is within 100 feet of a school if: | ||||||
9 | (1) the premises is constructed on land that was | ||||||
10 | purchased from the municipality at a fair market price; | ||||||
11 | (2) the premises is constructed on land that was | ||||||
12 | previously used as a parking facility for public safety | ||||||
13 | employees; | ||||||
14 | (3) the sale of alcoholic liquor is not the principal | ||||||
15 | business carried on by the licensee at the premises; | ||||||
16 | (4) the main entrance to the store is more than 100 | ||||||
17 | feet from the main entrance to the school; | ||||||
18 | (5) the premises is to be new construction; | ||||||
19 | (6) the school is a private school; | ||||||
20 | (7) the principal of the school has given written | ||||||
21 | approval for the license; | ||||||
22 | (8) the alderman of the ward where the premises is | ||||||
23 | located has given written approval of the issuance of the | ||||||
24 | license; | ||||||
25 | (9) the grocery store level of the premises is between | ||||||
26 | 60,000 and 70,000 square feet; and |
| |||||||
| |||||||
1 | (10) the owner and operator of the grocery store | ||||||
2 | operates 2 other grocery stores that have alcoholic liquor | ||||||
3 | licenses within the same municipality. | ||||||
4 | (ee) Notwithstanding any provision in this Section to the | ||||||
5 | contrary, nothing in this Section shall prohibit the issuance | ||||||
6 | or renewal of a license authorizing the sale of alcoholic | ||||||
7 | liquor within a full-service grocery store at a premises that | ||||||
8 | is located within a municipality with a population in excess of | ||||||
9 | 1,000,000 inhabitants and is within 100 feet of a school if: | ||||||
10 | (1) the premises is constructed on land that once | ||||||
11 | contained an industrial steel facility; | ||||||
12 | (2) the premises is located on land that has undergone | ||||||
13 | environmental remediation; | ||||||
14 | (3) the premises is located within a retail complex | ||||||
15 | containing retail stores where some of the stores sell | ||||||
16 | alcoholic beverages; | ||||||
17 | (4) the principal activity of any restaurant in the | ||||||
18 | retail complex is the sale of food, and the sale of | ||||||
19 | alcoholic liquor is incidental to the sale of food; | ||||||
20 | (5) the sale of alcoholic liquor is not the principal | ||||||
21 | business carried on by the grocery store; | ||||||
22 | (6) the entrance to any business that sells alcoholic | ||||||
23 | liquor is more than 100 feet from the entrance to the | ||||||
24 | school; | ||||||
25 | (7) the alderman of the ward where the premises is | ||||||
26 | located has given written approval of the issuance of the |
| |||||||
| |||||||
1 | license; and | ||||||
2 | (8) the principal of the school has given written | ||||||
3 | consent to the issuance of the license. | ||||||
4 | (ff) Notwithstanding any provision of this Section to the | ||||||
5 | contrary, nothing in this Section shall prohibit the issuance | ||||||
6 | or renewal of a license authorizing the sale of alcoholic | ||||||
7 | liquor at a premises that is located within a municipality with | ||||||
8 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
9 | feet of a school if: | ||||||
10 | (1) the sale of alcoholic liquor is not the principal | ||||||
11 | business carried on at the premises; | ||||||
12 | (2) the sale of alcoholic liquor at the premises is | ||||||
13 | incidental to the operation of a theater; | ||||||
14 | (3) the premises is a one and one-half-story building | ||||||
15 | of approximately 10,000 square feet; | ||||||
16 | (4) the school is a City of Chicago School District 299 | ||||||
17 | school; | ||||||
18 | (5) the primary entrance of the premises and the | ||||||
19 | primary entrance of the school are at least 300 feet apart | ||||||
20 | and no more than 400 feet apart; | ||||||
21 | (6) the alderman of the ward in which the premises is | ||||||
22 | located has expressed, in writing, his support for the | ||||||
23 | issuance of the license; and | ||||||
24 | (7) the principal of the school has expressed, in | ||||||
25 | writing, that there is no objection to the issuance of a | ||||||
26 | license under this subsection (ff). |
| |||||||
| |||||||
1 | (gg) Notwithstanding any provision of this Section to the | ||||||
2 | contrary, nothing in this Section shall prohibit the issuance | ||||||
3 | or renewal of a license authorizing the sale of alcoholic | ||||||
4 | liquor incidental to the sale of food within a restaurant or | ||||||
5 | banquet facility established in a premises that is located in a | ||||||
6 | municipality with a population in excess of 1,000,000 | ||||||
7 | inhabitants and within 100 feet of a church if: | ||||||
8 | (1) the sale of alcoholic liquor is not the principal | ||||||
9 | business carried on by the licensee at the premises; | ||||||
10 | (2) the property on which the church is located and the | ||||||
11 | property on which the premises are located are both within | ||||||
12 | a district originally listed on the National Register of | ||||||
13 | Historic Places on February 14, 1979; | ||||||
14 | (3) the property on which the premises are located | ||||||
15 | contains one or more multi-story buildings that are at | ||||||
16 | least 95 years old and have no more than three stories; | ||||||
17 | (4) the building in which the church is located is at | ||||||
18 | least 120 years old; | ||||||
19 | (5) the property on which the church is located is | ||||||
20 | immediately adjacent to and west of the property on which | ||||||
21 | the premises are located; | ||||||
22 | (6) the western boundary of the property on which the | ||||||
23 | premises are located is no less than 118 feet in length and | ||||||
24 | no more than 122 feet in length; | ||||||
25 | (7) as of December 31, 2012, both the church property | ||||||
26 | and the property on which the premises are located are |
| |||||||
| |||||||
1 | within 250 feet of City of Chicago Business-Residential | ||||||
2 | Planned Development Number 38; | ||||||
3 | (8) the principal religious leader at the place of | ||||||
4 | worship has indicated his or her support for the issuance | ||||||
5 | of the license in writing; and | ||||||
6 | (9) the alderman in whose district the premises are | ||||||
7 | located has expressed his or her support for the issuance | ||||||
8 | of the license in writing. | ||||||
9 | For the purposes of this subsection, "banquet facility" | ||||||
10 | means the part of the building that is located on the floor | ||||||
11 | above a restaurant and caters to private parties and where the | ||||||
12 | sale of alcoholic liquors is not the principal business. | ||||||
13 | (hh) Notwithstanding any provision of this Section to the | ||||||
14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
15 | or renewal of a license authorizing the sale of alcoholic | ||||||
16 | liquor within a hotel and at an outdoor patio area attached to | ||||||
17 | the hotel that are located in a municipality with a population | ||||||
18 | in excess of 1,000,000 inhabitants and that are within 100 feet | ||||||
19 | of a hospital if: | ||||||
20 | (1) the sale of alcoholic liquor is not the principal | ||||||
21 | business carried on by the licensee at the hotel; | ||||||
22 | (2) the hotel is located within the City of Chicago | ||||||
23 | Business Planned Development Number 468; and | ||||||
24 | (3) the hospital is located within the City of Chicago | ||||||
25 | Institutional Planned Development Number 3. | ||||||
26 | (ii) Notwithstanding any provision of this Section to the |
| |||||||
| |||||||
1 | contrary, nothing in this Section shall prohibit the issuance | ||||||
2 | or renewal of a license authorizing the sale of alcoholic | ||||||
3 | liquor within a restaurant and at an outdoor patio area | ||||||
4 | attached to the restaurant that are located in a municipality | ||||||
5 | with a population in excess of 1,000,000 inhabitants and that | ||||||
6 | are within 100 feet of a church if: | ||||||
7 | (1) the sale of alcoholic liquor at the premises is not | ||||||
8 | the principal business carried on by the licensee and is | ||||||
9 | incidental to the sale of food; | ||||||
10 | (2) the restaurant has been operated on the street | ||||||
11 | level of a 2-story building located on a corner lot since | ||||||
12 | 2008; | ||||||
13 | (3) the restaurant is between 3,700 and 4,000 square | ||||||
14 | feet and sits on a lot that is no more than 6,200 square | ||||||
15 | feet; | ||||||
16 | (4) the primary entrance to the restaurant and the | ||||||
17 | primary entrance to the church are located on the same | ||||||
18 | street; | ||||||
19 | (5) the street on which the restaurant and the church | ||||||
20 | are located is a major east-west street; | ||||||
21 | (6) the restaurant and the church are separated by a | ||||||
22 | one-way northbound street; | ||||||
23 | (7) the church is located to the west of and no more | ||||||
24 | than 65 feet from the restaurant; and | ||||||
25 | (8) the principal religious leader at the place of | ||||||
26 | worship has indicated his or her consent to the issuance of |
| |||||||
| |||||||
1 | the license in writing. | ||||||
2 | (jj) Notwithstanding any provision of this Section to the | ||||||
3 | contrary, nothing in this Section shall prohibit the issuance | ||||||
4 | or renewal of a license authorizing the sale of alcoholic | ||||||
5 | liquor at premises located within a municipality with a | ||||||
6 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
7 | feet of a church if: | ||||||
8 | (1) the sale of alcoholic liquor is not the principal | ||||||
9 | business carried on by the licensee at the premises; | ||||||
10 | (2) the sale of alcoholic liquor is incidental to the | ||||||
11 | sale of food; | ||||||
12 | (3) the premises are located east of the church, on | ||||||
13 | perpendicular streets, and separated by an alley; | ||||||
14 | (4) the distance between the primary entrance of the | ||||||
15 | premises and the primary entrance of the church is at least | ||||||
16 | 175 feet; | ||||||
17 | (5) the distance between the property line of the | ||||||
18 | premises and the property line of the church is at least 40 | ||||||
19 | feet; | ||||||
20 | (6) the licensee has been operating at the premises | ||||||
21 | since 2012; | ||||||
22 | (7) the church was constructed in 1904; | ||||||
23 | (8) the alderman of the ward in which the premises is | ||||||
24 | located has expressed, in writing, his or her support for | ||||||
25 | the issuance of the license; and | ||||||
26 | (9) the principal religious leader of the church has |
| |||||||
| |||||||
1 | delivered a written statement that he or she does not | ||||||
2 | object to the issuance of a license under this subsection | ||||||
3 | (jj). | ||||||
4 | (kk) Notwithstanding any provision of this Section to the | ||||||
5 | contrary, nothing in this Section shall prohibit the issuance | ||||||
6 | or renewal of a license authorizing the sale of alcoholic | ||||||
7 | liquor at a premises that is located within a municipality with | ||||||
8 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
9 | feet of a school if: | ||||||
10 | (1) the sale of alcoholic liquor is not the principal | ||||||
11 | business carried on by the licensee at the premises; | ||||||
12 | (2) the licensee shall only sell packaged liquors on | ||||||
13 | the premises; | ||||||
14 | (3) the licensee is a national retail chain; | ||||||
15 | (4) as of February 27, 2013, the licensee had 1,778 | ||||||
16 | stores operating nationwide, 89 operating in this State, | ||||||
17 | and 11 stores operating within the municipality; | ||||||
18 | (5) the licensee shall occupy approximately 169,048 | ||||||
19 | square feet of space within a building that is located | ||||||
20 | across the street from a tuition-based preschool; and | ||||||
21 | (6) the alderman of the ward in which the premises is | ||||||
22 | located has expressed, in writing, his or her support for | ||||||
23 | the issuance of the license. | ||||||
24 | (ll) Notwithstanding any provision of this Section to the | ||||||
25 | contrary, nothing in this Section shall prohibit the issuance | ||||||
26 | or renewal of a license authorizing the sale of alcoholic |
| |||||||
| |||||||
1 | liquor at a premises that is located within a municipality with | ||||||
2 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
3 | 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 on | ||||||
7 | the premises; | ||||||
8 | (3) the licensee is a national retail chain; | ||||||
9 | (4) as of February 27, 2013, the licensee had 1,778 | ||||||
10 | stores operating nationwide, 89 operating in this State, | ||||||
11 | and 11 stores operating within the municipality; | ||||||
12 | (5) the licensee shall occupy approximately 191,535 | ||||||
13 | square feet of space within a building that is located | ||||||
14 | across the street from an elementary school; and | ||||||
15 | (6) 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. | ||||||
18 | (mm) Notwithstanding any provision of this Section to the | ||||||
19 | contrary, nothing in this Section shall prohibit the issuance | ||||||
20 | or renewal of a license authorizing the sale of alcoholic | ||||||
21 | liquor within premises and at an outdoor patio or sidewalk | ||||||
22 | cafe, or both, attached to premises that are located in a | ||||||
23 | municipality with a population in excess of 1,000,000 | ||||||
24 | inhabitants and that are within 100 feet of a hospital if: | ||||||
25 | (1) the primary business of the restaurant consists of | ||||||
26 | the sale of food where the sale of liquor is incidental to |
| |||||||
| |||||||
1 | the sale of food; | ||||||
2 | (2) as a restaurant, the premises may or may not offer | ||||||
3 | catering as an incidental part of food service; | ||||||
4 | (3) the primary business of the restaurant is conducted | ||||||
5 | in space owned by a hospital or an entity owned or | ||||||
6 | controlled by, under common control with, or that controls | ||||||
7 | a hospital, and the chief hospital administrator has | ||||||
8 | expressed his or her support for the issuance of the | ||||||
9 | license in writing; and | ||||||
10 | (4) the hospital is an adult acute care facility | ||||||
11 | primarily located within the City of Chicago Institutional | ||||||
12 | Planned Development Number 3. | ||||||
13 | (nn) Notwithstanding any provision of this Section to the | ||||||
14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
15 | or renewal of a license authorizing the sale of alcoholic | ||||||
16 | liquor at a premises that is located within a municipality with | ||||||
17 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
18 | feet of a church if: | ||||||
19 | (1) the sale of alcoholic liquor is not the principal | ||||||
20 | business carried out on the premises; | ||||||
21 | (2) the sale of alcoholic liquor at the premises is | ||||||
22 | incidental to the operation of a theater; | ||||||
23 | (3) the premises are a building that was constructed in | ||||||
24 | 1913 and opened on May 24, 1915 as a vaudeville theater, | ||||||
25 | and the premises were converted to a motion picture theater | ||||||
26 | in 1935; |
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1 | (4) the church was constructed in 1889 with a stone | ||||||
2 | exterior; | ||||||
3 | (5) the primary entrance of the premises and the | ||||||
4 | primary entrance of the church are at least 100 feet apart; | ||||||
5 | and | ||||||
6 | (6) the principal religious leader at the place of | ||||||
7 | worship has indicated his or her consent to the issuance of | ||||||
8 | the license in writing; and | ||||||
9 | (7) the alderman in whose ward the premises are located | ||||||
10 | has expressed his or her support for the issuance of the | ||||||
11 | license in writing. | ||||||
12 | (oo) Notwithstanding any provision of this Section to the | ||||||
13 | contrary, nothing in this Section shall prohibit the issuance | ||||||
14 | or renewal of a license authorizing the sale of alcoholic | ||||||
15 | liquor at a premises that is located within a municipality with | ||||||
16 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
17 | feet of a mosque, church, or other place of worship if: | ||||||
18 | (1) the primary entrance of the premises and the | ||||||
19 | primary entrance of the mosque, church, or other place of | ||||||
20 | worship are perpendicular and are on different streets; | ||||||
21 | (2) the primary entrance to the premises faces West and | ||||||
22 | the primary entrance to the mosque, church, or other place | ||||||
23 | of worship faces South; | ||||||
24 | (3) the distance between the 2 primary entrances is at | ||||||
25 | least 100 feet; | ||||||
26 | (4) the mosque, church, or other place of worship was |
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1 | established in a location within 100 feet of the premises | ||||||
2 | after a license for the sale of alcohol at the premises was | ||||||
3 | first issued; | ||||||
4 | (5) the mosque, church, or other place of worship was | ||||||
5 | established on or around January 1, 2011; | ||||||
6 | (6) a license for the sale of alcohol at the premises | ||||||
7 | was first issued on or before January 1, 1985; | ||||||
8 | (7) a license for the sale of alcohol at the premises | ||||||
9 | has been continuously in effect since January 1, 1985, | ||||||
10 | except for interruptions between licenses of no more than | ||||||
11 | 90 days; and | ||||||
12 | (8) the premises are a single-story, single-use | ||||||
13 | building of at least 3,000 square feet and no more than | ||||||
14 | 3,380 square feet. | ||||||
15 | (pp) Notwithstanding any provision of this Section to the | ||||||
16 | contrary, nothing in this Section shall prohibit the issuance | ||||||
17 | or renewal of a license authorizing the sale of alcoholic | ||||||
18 | liquor incidental to the sale of food within a restaurant or | ||||||
19 | banquet facility established on premises that are located in a | ||||||
20 | municipality with a population in excess of 1,000,000 | ||||||
21 | inhabitants and within 100 feet of at least one church if: | ||||||
22 | (1) the sale of liquor shall not be the principal | ||||||
23 | business carried on by the licensee at the premises; | ||||||
24 | (2) the premises are at least 6,500 square feet and no | ||||||
25 | more than 7,500 square feet and is located in a | ||||||
26 | single-story building; |
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1 | (3) the property on which the premises are located is | ||||||
2 | within an area that, as of 2009, was designated as a | ||||||
3 | Renewal Community by the United States Department of | ||||||
4 | Housing and Urban Development; | ||||||
5 | (4) the property on which the premises are located and | ||||||
6 | the properties on which the churches are located are on the | ||||||
7 | same street; | ||||||
8 | (5) the property on which the premises are located is | ||||||
9 | immediately adjacent to and east of the property on which | ||||||
10 | at least one of the churches is located; | ||||||
11 | (6) the property on which the premises are located is | ||||||
12 | across the street and southwest of the property on which | ||||||
13 | another church is located; | ||||||
14 | (7) the principal religious leaders of the churches | ||||||
15 | have indicated their support for the issuance of the | ||||||
16 | license in writing; and | ||||||
17 | (8) the alderman in whose ward the premises are located | ||||||
18 | has expressed his or her support for the issuance of the | ||||||
19 | license in writing. | ||||||
20 | For purposes of this subsection (pp), "banquet facility" | ||||||
21 | means the part of the building that caters to private parties | ||||||
22 | and where the sale of alcoholic liquors is not the principal | ||||||
23 | business. | ||||||
24 | (qq) Notwithstanding any provision of this Section to the | ||||||
25 | contrary, nothing in this Section shall prohibit the issuance | ||||||
26 | or renewal of a license authorizing the sale of alcoholic |
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1 | liquor on premises that are located within a municipality with | ||||||
2 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
3 | feet of a church or school if: | ||||||
4 | (1) the primary entrance of the premises and the | ||||||
5 | closest entrance of the church or school are at least 200 | ||||||
6 | feet apart and no greater than 300 feet apart; | ||||||
7 | (2) the shortest distance between the premises and the | ||||||
8 | church or school is at least 35 feet apart and no greater | ||||||
9 | than 45 feet apart; | ||||||
10 | (3) the premises are a single-story, steel-framed | ||||||
11 | commercial building with at least 18,042 square feet, and | ||||||
12 | was constructed in 1925 and 1997; | ||||||
13 | (4) the owner of the business operated within the | ||||||
14 | premises has been the general manager of a similar | ||||||
15 | supermarket within one mile from the premises, which has | ||||||
16 | had a valid license authorizing the sale of alcoholic | ||||||
17 | liquor since 2002, and is in good standing with the City of | ||||||
18 | Chicago; | ||||||
19 | (5) the principal religious leader at the place of | ||||||
20 | worship has indicated his or her support to the issuance or | ||||||
21 | renewal of the license in writing; | ||||||
22 | (6) the alderman of the ward has indicated his or her | ||||||
23 | support to the issuance or renewal of the license in | ||||||
24 | writing; and | ||||||
25 | (7) the principal of the school has indicated his or | ||||||
26 | her support to the issuance or renewal of the license in |
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1 | writing. | ||||||
2 | (rr) Notwithstanding any provision of this Section to the | ||||||
3 | contrary, nothing in this Section shall prohibit the issuance | ||||||
4 | or renewal of a license authorizing the sale of alcoholic | ||||||
5 | liquor at premises located within a municipality with a | ||||||
6 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
7 | feet of a club that leases space to a school if: | ||||||
8 | (1) the sale of alcoholic liquor is not the principal | ||||||
9 | business carried out on the premises; | ||||||
10 | (2) the sale of alcoholic liquor at the premises is | ||||||
11 | incidental to the operation of a grocery store; | ||||||
12 | (3) the premises are a building of approximately 1,750 | ||||||
13 | square feet and is rented by the owners of the grocery | ||||||
14 | store from a family member; | ||||||
15 | (4) the property line of the premises is approximately | ||||||
16 | 68 feet from the property line of the club; | ||||||
17 | (5) the primary entrance of the premises and the | ||||||
18 | primary entrance of the club where the school leases space | ||||||
19 | are at least 100 feet apart; | ||||||
20 | (6) the director of the club renting space to the | ||||||
21 | school has indicated his or her consent to the issuance of | ||||||
22 | the license in writing; and | ||||||
23 | (7) the alderman in whose district the premises are | ||||||
24 | located has expressed his or her support for the issuance | ||||||
25 | of the license in writing. | ||||||
26 | (Source: P.A. 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634, |
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1 | eff. 12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12; | ||||||
2 | 97-806, eff. 7-13-12; 97-1166, eff. 3-1-13; 98-274, eff. | ||||||
3 | 8-9-13; 98-463, eff. 8-16-13; 98-571, eff. 8-27-13; 98-592, | ||||||
4 | eff. 11-15-13.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
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