Full Text of SB2445 94th General Assembly
SB2445sam001 94TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 2/9/2006
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| AMENDMENT TO SENATE BILL 2445
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| AMENDMENT NO. ______. Amend Senate Bill 2445 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Section 6-11 as follows:
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| (235 ILCS 5/6-11) (from Ch. 43, par. 127)
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| Sec. 6-11. Sale near churches, schools, and hospitals.
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| (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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| 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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| church, the distance of 100 feet shall be measured to the | 24 |
| nearest part
of any building used for worship services or |
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| educational programs and
not to property boundaries.
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| (b) Nothing in this Section shall prohibit the issuance of | 3 |
| a retail
license
authorizing the sale of alcoholic liquor to a | 4 |
| restaurant, the primary business
of which is the sale of goods | 5 |
| baked on the premises if (i) the restaurant is
newly | 6 |
| constructed and located on a lot of not less than 10,000 square | 7 |
| feet,
(ii) the restaurant costs at least $1,000,000 to | 8 |
| construct, (iii) the licensee
is the titleholder to the | 9 |
| premises and resides on the premises, and (iv) the
construction | 10 |
| of the restaurant is completed within 18 months of the | 11 |
| effective
date of this amendatory Act of 1998.
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| (c) Nothing in this Section shall prohibit the issuance of | 13 |
| a retail
license
authorizing the sale of alcoholic liquor | 14 |
| incidental to a restaurant if (1) the
primary
business of the | 15 |
| restaurant consists of the sale of food where the sale of
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| liquor is incidental to the sale of food and the applicant is a | 17 |
| completely new
owner of the restaurant, (2) the immediately
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| prior owner or operator of the premises where the restaurant is | 19 |
| located
operated the premises as a restaurant and held a valid | 20 |
| retail license
authorizing the
sale of alcoholic liquor at the | 21 |
| restaurant for at least part of the 24 months
before the
change | 22 |
| of ownership, and (3) the restaurant is located 75 or more feet | 23 |
| from a
school.
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| (d) In the interest of further developing Illinois' economy | 25 |
| in the area
of
commerce, tourism, convention, and banquet | 26 |
| business, nothing in this
Section shall
prohibit issuance of a | 27 |
| retail license authorizing the sale of alcoholic
beverages to a | 28 |
| restaurant, banquet facility, grocery store, or hotel having
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| not fewer than
150 guest room accommodations located in a | 30 |
| municipality of more than 500,000
persons, notwithstanding the | 31 |
| proximity of such hotel, restaurant,
banquet facility, or | 32 |
| grocery store to any church or school, if the licensed
premises
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| described on the license are located within an enclosed mall or | 34 |
| building of a
height of at least 6 stories, or 60 feet in the |
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| case of a building that has
been registered as a national | 2 |
| landmark, or in a grocery store having a
minimum of 56,010 | 3 |
| square feet of floor space in a single story building in an
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| open mall of at least 3.96 acres that is adjacent to a public | 5 |
| school that
opened as a boys technical high school in 1934, or | 6 |
| in a grocery store having a minimum of 31,000 square feet of | 7 |
| floor space in a single story building located a distance of | 8 |
| more than 90 feet but less than 100 feet from a high school | 9 |
| that opened in 1928 as a junior high school and became a senior | 10 |
| high school in 1933, and in each of these
cases if the sale of
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| alcoholic liquors is not the principal business carried on by | 12 |
| the licensee.
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| For purposes of this Section, a "banquet facility" is any | 14 |
| part of a
building that caters to private parties and where the | 15 |
| sale of alcoholic liquors
is not the principal business.
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| (e) Nothing in this Section shall prohibit the issuance of | 17 |
| a license to
a
church or private school to sell at retail | 18 |
| alcoholic liquor if any such
sales are limited to periods when | 19 |
| groups are assembled on the premises
solely for the promotion | 20 |
| of some common object other than the sale or
consumption of | 21 |
| alcoholic liquors.
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| (f) Nothing in this Section shall prohibit a church or | 23 |
| church affiliated
school
located in a home rule municipality or | 24 |
| in a municipality with 75,000 or more
inhabitants from locating
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| within 100 feet of a property for which there is a preexisting | 26 |
| license to sell
alcoholic liquor at retail. In these instances, | 27 |
| the local zoning authority
may, by ordinance adopted | 28 |
| simultaneously with the granting of an initial
special use | 29 |
| zoning permit for the church or church affiliated school, | 30 |
| provide
that the 100-foot restriction in this Section shall not | 31 |
| apply to that church or
church affiliated school and future | 32 |
| retail liquor licenses.
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| (g) Nothing in this Section shall prohibit the issuance of | 34 |
| a retail
license authorizing the sale of alcoholic liquor at |
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| premises within 100 feet,
but not less than 90 feet, of a | 2 |
| public school if (1) the premises have been
continuously | 3 |
| licensed to sell alcoholic liquor
for a period of at least 50 | 4 |
| years,
(2) the premises are located in a municipality having a | 5 |
| population of over
500,000 inhabitants, (3) the licensee is an | 6 |
| individual who is a member of a
family that has held the | 7 |
| previous 3 licenses for that location for more than 25
years, | 8 |
| (4) the
principal of the school and the alderman of the ward in | 9 |
| which the school is
located have delivered a written statement | 10 |
| to the local liquor control
commissioner stating that they do | 11 |
| not object to the issuance of a license
under this subsection | 12 |
| (g), and (5) the local liquor control commissioner has
received | 13 |
| the written consent of a majority of the registered voters who | 14 |
| live
within 200 feet of the premises.
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| (h) 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 premises and at an outdoor patio area attached to | 19 |
| premises that are located in a municipality with a population | 20 |
| in excess of 300,000 inhabitants and that are within 100 feet | 21 |
| of a church if:
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| (1) the sale of alcoholic liquor at the premises is | 23 |
| incidental to the sale of food,
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| (2) the sale of liquor is not the principal business | 25 |
| carried on by the licensee at the premises, | 26 |
| (3) the premises are less than 1,000 square feet, | 27 |
| (4) the premises are owned by the University of | 28 |
| Illinois, | 29 |
| (5) the premises are immediately adjacent to property | 30 |
| owned by a church and are not less than 20 nor more than 40 | 31 |
| feet from the church space used for worship services, and | 32 |
| (6) the principal religious leader at the place of | 33 |
| worship has indicated his or her support for the issuance | 34 |
| of the license in writing.
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| (i)
(h) Notwithstanding any provision in this Section to | 2 |
| the contrary, nothing in this Section shall prohibit the | 3 |
| issuance or renewal of a license to sell alcoholic liquor at a | 4 |
| premises that is located within a municipality with a | 5 |
| population in excess of 300,000 inhabitants and is within 100 | 6 |
| feet of a church, synagogue, or other place of worship if: | 7 |
| (1) the primary entrance of the premises and the | 8 |
| primary entrance of the church, synagogue, or other place | 9 |
| of worship are at least 100 feet apart, on parallel | 10 |
| streets, and separated by an alley; and | 11 |
| (2) the principal religious leader at the place of | 12 |
| worship has not indicated his or her opposition to the | 13 |
| issuance or renewal of the license in writing. | 14 |
| (j)
(h) Notwithstanding any provision in this Section to | 15 |
| the contrary, nothing in this Section shall prohibit the | 16 |
| issuance of a retail
license authorizing the sale of alcoholic | 17 |
| liquor at a theater that is within 100 feet of a church if (1) | 18 |
| the church owns the theater, (2) the church leases the theater | 19 |
| to one or more entities, and
(3) the theater is used by at | 20 |
| least 5 different not-for-profit theater groups. | 21 |
| (k) Notwithstanding any provision in this Section to the | 22 |
| contrary, nothing in this Section shall prohibit the issuance | 23 |
| or renewal of a license to sell alcoholic liquor at a premises | 24 |
| that is located within a municipality with a population in | 25 |
| excess of 300,000 and is within 100 feet of a school if: | 26 |
| (1) the primary entrance of the premises and the | 27 |
| primary entrance of the school are at least 100 feet apart, | 28 |
| on parallel streets, and separated by an alley; | 29 |
| (2) the principal of the school and the alderman of the | 30 |
| ward in which the school is located have delivered a | 31 |
| written statement to the local liquor control commissioner | 32 |
| stating that the principal and alderman do not object to | 33 |
| the issuance or renewal of a license; | 34 |
| (3) the sale of alcoholic liquor at the premises is |
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| incidental to the sale of food; and | 2 |
| (4) the sale of alcoholic liquor is not the principal | 3 |
| business carried on at the premises.
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| (Source: P.A. 92-720, eff. 7-25-02; 92-813, eff. 8-21-02; | 5 |
| 93-687, eff. 7-8-04; 93-688, eff. 7-8-04; 93-780, eff. 1-1-05; | 6 |
| revised 10-14-04.)
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.".
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