Full Text of SB3456 97th General Assembly
SB3456ham001 97TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 12/4/2012
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| 1 | | AMENDMENT TO SENATE BILL 3456
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3456 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing 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 | 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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| 1 | | exempted is not located in a municipality of more than 500,000 | 2 | | persons,
unless required by local ordinance; nor to the renewal | 3 | | of a license for the
sale at retail of alcoholic liquor on | 4 | | premises within 100 feet of any church
or school where the | 5 | | church or school has been established within such
100 feet | 6 | | since the issuance of the original license. In the case of a
| 7 | | church, the distance of 100 feet shall be measured to the | 8 | | nearest part
of any building used for worship services or | 9 | | educational programs and
not to property boundaries.
| 10 | | (b) Nothing in this Section shall prohibit the issuance of | 11 | | a retail
license
authorizing the sale of alcoholic liquor to a | 12 | | restaurant, the primary business
of which is the sale of goods | 13 | | baked on the premises if (i) the restaurant is
newly | 14 | | constructed and located on a lot of not less than 10,000 square | 15 | | feet,
(ii) the restaurant costs at least $1,000,000 to | 16 | | construct, (iii) the licensee
is the titleholder to the | 17 | | premises and resides on the premises, and (iv) the
construction | 18 | | of the restaurant is completed within 18 months of the | 19 | | effective
date of this amendatory Act of 1998.
| 20 | | (c) Nothing in this Section shall prohibit the issuance of | 21 | | a retail
license
authorizing the sale of alcoholic liquor | 22 | | incidental to a restaurant if (1) the
primary
business of the | 23 | | restaurant consists of the sale of food where the sale of
| 24 | | liquor is incidental to the sale of food and the applicant is a | 25 | | completely new
owner of the restaurant, (2) the immediately
| 26 | | prior owner or operator of the premises where the restaurant is |
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| 1 | | located
operated the premises as a restaurant and held a valid | 2 | | retail license
authorizing the
sale of alcoholic liquor at the | 3 | | restaurant for at least part of the 24 months
before the
change | 4 | | of ownership, and (3) the restaurant is located 75 or more feet | 5 | | from a
school.
| 6 | | (d) In the interest of further developing Illinois' economy | 7 | | in the area
of
commerce, tourism, convention, and banquet | 8 | | business, nothing in this
Section shall
prohibit issuance of a | 9 | | retail license authorizing the sale of alcoholic
beverages to a | 10 | | restaurant, banquet facility, grocery store, or hotel having
| 11 | | not fewer than
150 guest room accommodations located in a | 12 | | municipality of more than 500,000
persons, notwithstanding the | 13 | | proximity of such hotel, restaurant,
banquet facility, or | 14 | | grocery store to any church or school, if the licensed
premises
| 15 | | described on the license are located within an enclosed mall or | 16 | | building of a
height of at least 6 stories, or 60 feet in the | 17 | | case of a building that has
been registered as a national | 18 | | landmark, or in a grocery store having a
minimum of 56,010 | 19 | | square feet of floor space in a single story building in an
| 20 | | open mall of at least 3.96 acres that is adjacent to a public | 21 | | school that
opened as a boys technical high school in 1934, or | 22 | | in a grocery store having a minimum of 31,000 square feet of | 23 | | floor space in a single story building located a distance of | 24 | | more than 90 feet but less than 100 feet from a high school | 25 | | that opened in 1928 as a junior high school and became a senior | 26 | | high school in 1933, and in each of these
cases if the sale of
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| 1 | | alcoholic liquors is not the principal business carried on by | 2 | | the licensee.
| 3 | | For purposes of this Section, a "banquet facility" is any | 4 | | part of a
building that caters to private parties and where the | 5 | | sale of alcoholic liquors
is not the principal business.
| 6 | | (e) Nothing in this Section shall prohibit the issuance of | 7 | | a license to
a
church or private school to sell at retail | 8 | | alcoholic liquor if any such
sales are limited to periods when | 9 | | groups are assembled on the premises
solely for the promotion | 10 | | of some common object other than the sale or
consumption of | 11 | | alcoholic liquors.
| 12 | | (f) Nothing in this Section shall prohibit a church or | 13 | | church affiliated
school
located in a home rule municipality or | 14 | | in a municipality with 75,000 or more
inhabitants from locating
| 15 | | within 100 feet of a property for which there is a preexisting | 16 | | license to sell
alcoholic liquor at retail. In these instances, | 17 | | the local zoning authority
may, by ordinance adopted | 18 | | simultaneously with the granting of an initial
special use | 19 | | zoning permit for the church or church affiliated school, | 20 | | provide
that the 100-foot restriction in this Section shall not | 21 | | apply to that church or
church affiliated school and future | 22 | | retail liquor licenses.
| 23 | | (g) Nothing in this Section shall prohibit the issuance of | 24 | | a retail
license authorizing the sale of alcoholic liquor at | 25 | | premises within 100 feet,
but not less than 90 feet, of a | 26 | | public school if (1) the premises have been
continuously |
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| 1 | | licensed to sell alcoholic liquor
for a period of at least 50 | 2 | | years,
(2) the premises are located in a municipality having a | 3 | | population of over
500,000 inhabitants, (3) the licensee is an | 4 | | individual who is a member of a
family that has held the | 5 | | previous 3 licenses for that location for more than 25
years, | 6 | | (4) the
principal of the school and the alderman of the ward in | 7 | | which the school is
located have delivered a written statement | 8 | | to the local liquor control
commissioner stating that they do | 9 | | not object to the issuance of a license
under this subsection | 10 | | (g), and (5) the local liquor control commissioner has
received | 11 | | the written consent of a majority of the registered voters who | 12 | | live
within 200 feet of the premises.
| 13 | | (h) 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 premises and at an outdoor patio area attached to | 17 | | premises that are located in a municipality with a population | 18 | | in excess of 300,000 inhabitants and that are within 100 feet | 19 | | of a church if:
| 20 | | (1) the sale of alcoholic liquor at the premises is | 21 | | incidental to the sale of food,
| 22 | | (2) the sale of liquor is not the principal business | 23 | | carried on by the licensee at the premises, | 24 | | (3) the premises are less than 1,000 square feet, | 25 | | (4) the premises are owned by the University of | 26 | | Illinois, |
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| 1 | | (5) the premises are immediately adjacent to property | 2 | | owned by a church and are not less than 20 nor more than 40 | 3 | | feet from the church space used for worship services, and | 4 | | (6) the principal religious leader at the place of | 5 | | worship has indicated his or her support for the issuance | 6 | | of the license in writing.
| 7 | | (i) Notwithstanding any provision in this Section to the | 8 | | contrary, nothing in this Section shall prohibit the issuance | 9 | | or renewal of a license to sell alcoholic liquor at a premises | 10 | | that is located within a municipality with a population in | 11 | | excess of 300,000 inhabitants and is within 100 feet of a | 12 | | church, synagogue, or other place of worship if: | 13 | | (1) the primary entrance of the premises and the | 14 | | primary entrance of the church, synagogue, or other place | 15 | | of worship are at least 100 feet apart, on parallel | 16 | | streets, and separated by an alley; and | 17 | | (2) the principal religious leader at the place of | 18 | | worship has not indicated his or her opposition to the | 19 | | issuance or renewal of the license in writing. | 20 | | (j) Notwithstanding any provision in this Section to the | 21 | | contrary, nothing in this Section shall prohibit the issuance | 22 | | of a retail
license authorizing the sale of alcoholic liquor at | 23 | | a theater that is within 100 feet of a church if (1) the church | 24 | | owns the theater, (2) the church leases the theater to one or | 25 | | more entities, and
(3) the theater is used by at least 5 | 26 | | different not-for-profit theater groups. |
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| 1 | | (k) Notwithstanding any provision in 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 at a premises that is located within a municipality with | 5 | | a population in excess of 1,000,000 inhabitants and is within | 6 | | 100 feet of a school if:
| 7 | | (1) the primary entrance of the premises and the | 8 | | primary entrance of the school are parallel, on different | 9 | | streets, and separated by an alley; | 10 | | (2) the southeast corner of the premises are at least | 11 | | 350 feet from the southwest corner of the school; | 12 | | (3) the school was built in 1978; | 13 | | (4) the sale of alcoholic liquor at the premises is | 14 | | incidental to the sale of food; | 15 | | (5) the sale of alcoholic liquor is not the principal | 16 | | business carried on by the licensee at the premises; | 17 | | (6) the applicant is the owner of the restaurant and | 18 | | has held a valid license authorizing the sale of alcoholic | 19 | | liquor for the business to be conducted on the premises at | 20 | | a different location for more than 7 years; and | 21 | | (7) the premises is at least 2,300 square feet and sits | 22 | | on a lot that is between 6,100 and 6,150 square feet. | 23 | | (l) Notwithstanding any provision in this Section to the | 24 | | contrary, nothing in this Section shall prohibit the issuance | 25 | | or renewal of a license authorizing the sale of alcoholic | 26 | | liquor at a premises that is located within a municipality with |
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| 1 | | a population in excess of 1,000,000 inhabitants and is within | 2 | | 100 feet of a church or school if: | 3 | | (1) the primary entrance of the premises and the | 4 | | closest entrance of the church or school is at least 90 | 5 | | feet apart and no greater than 95 feet apart; | 6 | | (2) the shortest distance between the premises and the | 7 | | church or school is at least 80 feet apart and no greater | 8 | | than 85 feet apart; | 9 | | (3) the applicant is the owner of the restaurant and on | 10 | | November 15, 2006 held a valid license authorizing the sale | 11 | | of alcoholic liquor for the business to be conducted on the | 12 | | premises for at least 14 different locations; | 13 | | (4) the sale of alcoholic liquor at the premises is | 14 | | incidental to the sale of food; | 15 | | (5) the sale of alcoholic liquor is not the principal | 16 | | business carried on by the licensee at the premises; | 17 | | (6) the premises is at least 3,200 square feet and sits | 18 | | on a lot that is between 7,150 and 7,200 square feet; and | 19 | | (7) the principal religious leader at the place of | 20 | | worship has not indicated his or her opposition to the | 21 | | issuance or renewal of the license in writing.
| 22 | | (m) Notwithstanding any provision in this Section to the | 23 | | contrary, nothing in this Section shall prohibit the issuance | 24 | | or renewal of a license authorizing the sale of alcoholic | 25 | | liquor at a premises that is located within a municipality with | 26 | | a population in excess of 1,000,000 inhabitants and is within |
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| 1 | | 100 feet of a church if: | 2 | | (1) the premises and the church are perpendicular, and | 3 | | the primary entrance of the premises faces South while the | 4 | | primary entrance of the church faces West and the distance | 5 | | between the two entrances is more than 100 feet; | 6 | | (2) the shortest distance between the premises lot line | 7 | | and the exterior wall of the church is at least 80 feet; | 8 | | (3) the church was established at the current location | 9 | | in 1916 and the present structure was erected in 1925; | 10 | | (4) the premises is a single story, single use building | 11 | | with at least 1,750 square feet and no more than 2,000 | 12 | | square feet; | 13 | | (5) the sale of alcoholic liquor at the premises is | 14 | | incidental to the sale of food; | 15 | | (6) the sale of alcoholic liquor is not the principal | 16 | | business carried on by the licensee at the premises; and | 17 | | (7) the principal religious leader at the place of | 18 | | worship has not indicated his or her opposition to the | 19 | | issuance or renewal of the license in writing. | 20 | | (n) Notwithstanding any provision in this Section to the | 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: | 26 | | (1) the school is a City of Chicago School District 299 |
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| 1 | | school; | 2 | | (2) the school is located within subarea E of City of | 3 | | Chicago Residential Business Planned Development Number | 4 | | 70; | 5 | | (3) the sale of alcoholic liquor is not the principal | 6 | | business carried on by the licensee on the premises; | 7 | | (4) the sale of alcoholic liquor at the premises is | 8 | | incidental to the sale of food; and | 9 | | (5) the administration of City of Chicago School | 10 | | District 299 has expressed, in writing, its support for the | 11 | | issuance of the license. | 12 | | (o) Notwithstanding any provision of this Section to the | 13 | | contrary, nothing in this Section shall prohibit the issuance | 14 | | or renewal of a retail license authorizing the sale of | 15 | | alcoholic liquor at a premises that is located within a | 16 | | municipality in excess of 1,000,000 inhabitants and within 100 | 17 | | feet of a church if: | 18 | | (1) the sale of alcoholic liquor at the premises is | 19 | | incidental to the sale of food; | 20 | | (2) the sale of alcoholic liquor is not the principal | 21 | | business carried on by the licensee at the premises; | 22 | | (3) the premises is located on a street that runs | 23 | | perpendicular to the street on which the church is located; | 24 | | (4) the primary entrance of the premises is at least | 25 | | 100 feet from the primary entrance of the church; | 26 | | (5) the shortest distance between any part of the |
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| 1 | | premises and any part of the church is at least 60 feet; | 2 | | (6) the premises is between 3,600 and 4,000 square feet | 3 | | and sits on a lot that is between 3,600 and 4,000 square | 4 | | feet; and | 5 | | (7) the premises was built in the year 1909. | 6 | | For purposes of this subsection (o), "premises" means a | 7 | | place of business together with a privately owned outdoor | 8 | | location that is adjacent to the place of business. | 9 | | (p) Notwithstanding any provision in this Section to the | 10 | | contrary, nothing in this Section shall prohibit the issuance | 11 | | or renewal of a license authorizing the sale of alcoholic | 12 | | liquor at a premises that is located within a municipality with | 13 | | a population in excess of 1,000,000 inhabitants and within 100 | 14 | | feet of a church if: | 15 | | (1) the shortest distance between the backdoor of the | 16 | | premises, which is used as an emergency exit, and the | 17 | | church is at least 80 feet; | 18 | | (2) the church was established at the current location | 19 | | in 1889; and | 20 | | (3) liquor has been sold on the premises since at least | 21 | | 1985. | 22 | | (q) Notwithstanding any provision of this Section to the | 23 | | contrary, nothing in this Section shall prohibit the issuance | 24 | | or renewal of a license authorizing the sale of alcoholic | 25 | | liquor within a premises that is located in a municipality with | 26 | | a population in excess of 1,000,000 inhabitants and within 100 |
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| 1 | | feet of a church-owned property if: | 2 | | (1) the premises is located within a larger building | 3 | | operated as a grocery store; | 4 | | (2) the area of the premises does not exceed 720 square | 5 | | feet and the area of the larger building exceeds 18,000 | 6 | | square feet; | 7 | | (3) the larger building containing the premises is | 8 | | within 100 feet of the nearest property line of a | 9 | | church-owned property on which a church-affiliated school | 10 | | is located; | 11 | | (4) the sale of liquor is not the principal business | 12 | | carried on within the larger building; | 13 | | (5) the primary entrance of the larger building and the | 14 | | premises and the primary entrance of the church-affiliated | 15 | | school are on different, parallel streets, and the distance | 16 | | between the 2 primary entrances is more than 100 feet; | 17 | | (6) the larger building is separated from the | 18 | | church-owned property and church-affiliated school by an | 19 | | alley; | 20 | | (7) the larger building containing the premises and the | 21 | | church building front are on perpendicular streets and are | 22 | | separated by a street; and | 23 | | (8) (Blank). | 24 | | (r) Notwithstanding any provision of this Section to the | 25 | | contrary, nothing in this Section shall prohibit the issuance, | 26 | | renewal, or maintenance of a license authorizing the sale of |
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| 1 | | alcoholic liquor incidental to the sale of food within a | 2 | | restaurant established in a premises that is located in a | 3 | | municipality with a population in excess of 1,000,000 | 4 | | inhabitants and within 100 feet of a church if: | 5 | | (1) the primary entrance of the church and the primary | 6 | | entrance of the restaurant are at least 100 feet apart; | 7 | | (2) the restaurant has operated on the ground floor and | 8 | | lower level of a multi-story, multi-use building for more | 9 | | than 40 years; | 10 | | (3) the primary business of the restaurant consists of | 11 | | the sale of food where the sale of liquor is incidental to | 12 | | the sale of food; | 13 | | (4) the sale of alcoholic liquor is conducted primarily | 14 | | in the below-grade level of the restaurant to which the | 15 | | only public access is by a staircase located inside the | 16 | | restaurant; and | 17 | | (5) the restaurant has held a license authorizing the | 18 | | sale of alcoholic liquor on the premises for more than 40 | 19 | | years. | 20 | | (s) Notwithstanding any provision of this Section to the | 21 | | contrary, nothing in this Section shall prohibit renewal of a | 22 | | license authorizing the sale of alcoholic liquor at a premises | 23 | | that is located within a municipality with a population more | 24 | | than 5,000 and less than 10,000 and is within 100 feet of a | 25 | | church if: | 26 | | (1) the church was established at the location within |
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| 1 | | 100 feet of the premises after a license for the sale of | 2 | | alcoholic liquor at the premises was first issued; | 3 | | (2) a license for sale of alcoholic liquor at the | 4 | | premises was first issued before January 1, 2007; and | 5 | | (3) a license for the sale of alcoholic liquor on the | 6 | | premises has been continuously in effect since January 1, | 7 | | 2007, except for interruptions between licenses of no more | 8 | | than 90 days. | 9 | | (t) Notwithstanding any provision of this Section to the | 10 | | contrary, nothing in this Section shall prohibit the issuance | 11 | | or renewal of a
license authorizing the sale of alcoholic | 12 | | liquor
incidental to the sale of food within a restaurant that | 13 | | is established in a premises that is located in a municipality | 14 | | with a population in excess of 1,000,000 inhabitants and within | 15 | | 100 feet of a school and a church if: | 16 | | (1) the restaurant is located inside a five-story | 17 | | building with over 16,800 square feet of commercial space; | 18 | | (2) the area of the premises does not exceed 31,050 | 19 | | square feet; | 20 | | (3) the area of the restaurant does not exceed 5,800 | 21 | | square feet; | 22 | | (4) the building has no less than 78 condominium units; | 23 | | (5) the construction of the building in which the | 24 | | restaurant is located was completed in 2006; | 25 | | (6) the building has 10 storefront properties, 3 of | 26 | | which are used for the restaurant; |
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| 1 | | (7) the restaurant will open for business in 2010; | 2 | | (8) the building is north of the school and separated | 3 | | by an alley; and | 4 | | (9) the principal religious leader of the church and | 5 | | either the alderman of the ward in which the school is | 6 | | located or the principal of the school have delivered a | 7 | | written statement to the local liquor control commissioner | 8 | | stating that he or she does not object to the issuance of a | 9 | | license under this subsection (t). | 10 | | (u) Notwithstanding any provision in this Section to the | 11 | | contrary, nothing in this Section shall prohibit the issuance | 12 | | or renewal of a license to sell alcoholic liquor at a premises | 13 | | that is located within a municipality with a population in | 14 | | excess of 1,000,000 inhabitants and within 100 feet of a school | 15 | | if: | 16 | | (1) the premises operates as a restaurant and has been | 17 | | in operation since February 2008; | 18 | | (2) the applicant is the owner of the premises; | 19 | | (3) the sale of alcoholic liquor is incidental to the | 20 | | sale of food; | 21 | | (4) the sale of alcoholic liquor is not the principal | 22 | | business carried on by the licensee on the premises; | 23 | | (5) the premises occupy the first floor of a 3-story | 24 | | building that is at least 90 years old; | 25 | | (6) the rear lot of the school and the rear corner of | 26 | | the building that the premises occupy are separated by an |
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| 1 | | alley; | 2 | | (7) the distance from the southwest corner of the | 3 | | property line of the school and the northeast corner of the | 4 | | building that the premises occupy is at least 16 feet, 5 | 5 | | inches; | 6 | | (8) the distance from the rear door of the premises to | 7 | | the southwest corner of the property line of the school is | 8 | | at least 93 feet; | 9 | | (9) the school is a City of Chicago School District 299 | 10 | | school; | 11 | | (10) the school's main structure was erected in 1902 | 12 | | and an addition was built to the main structure in 1959; | 13 | | and | 14 | | (11) the principal of the school and the alderman in | 15 | | whose district the premises are located have expressed, in | 16 | | writing, their support for the issuance of the license. | 17 | | (v) Notwithstanding any provision in this Section to the | 18 | | contrary, nothing in this Section shall prohibit the issuance | 19 | | or renewal of a license authorizing the sale of alcoholic | 20 | | liquor at a premises that is located within a municipality with | 21 | | a population in excess of 1,000,000 inhabitants and is within | 22 | | 100 feet of a school if: | 23 | | (1) the total land area of the premises for which the | 24 | | license or renewal is sought is more than 600,000 square | 25 | | feet; | 26 | | (2) the premises for which the license or renewal is |
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| 1 | | sought has more than 600 parking stalls; | 2 | | (3) the total area of all buildings on the premises for | 3 | | which the license or renewal is sought exceeds 140,000 | 4 | | square feet; | 5 | | (4) the property line of the premises for which the | 6 | | license or renewal is sought is separated from the property | 7 | | line of the school by a street; | 8 | | (5) the distance from the school's property line to the | 9 | | property line of the premises for which the license or | 10 | | renewal is sought is at least 60 feet; | 11 | | (6) as of the effective date of this amendatory Act of | 12 | | the 97th General Assembly, the premises for which the | 13 | | license or renewal is sought is located in the Illinois | 14 | | Medical District. | 15 | | (w) Notwithstanding any provision in this Section to the | 16 | | contrary, nothing in this Section shall prohibit the issuance | 17 | | or renewal of a license to sell alcoholic liquor at a premises | 18 | | that is located within a municipality with a population in | 19 | | excess of 1,000,000 inhabitants and within 100 feet of a church | 20 | | if: | 21 | | (1) the sale of alcoholic liquor at the premises is | 22 | | incidental to the sale of food; | 23 | | (2) the sale of alcoholic liquor is not the principal
| 24 | | business carried on by the licensee at the premises; | 25 | | (3) the premises occupy the first floor and basement of | 26 | | a 2-story building that is 106 years old; |
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| 1 | | (4) the premises is at least 7,000 square feet and | 2 | | located on a lot that is at least 11,000 square feet; | 3 | | (5) the premises is located directly west of the | 4 | | church, on perpendicular streets, and separated by an | 5 | | alley; | 6 | | (6) the distance between the
property line of the | 7 | | premises and the property line of the church is at least 20 | 8 | | feet; | 9 | | (7) the distance between the primary entrance of the | 10 | | premises and the primary entrance of the church is at least | 11 | | 130 feet; and | 12 | | (8) the church has been at its location for at least 40 | 13 | | years. | 14 | | (x) Notwithstanding any provision of this Section to the | 15 | | contrary, nothing in this Section shall prohibit the issuance | 16 | | or renewal of a license authorizing the sale of alcoholic | 17 | | liquor at a premises that is located within a municipality with | 18 | | a population in excess of 1,000,000 inhabitants and within 100 | 19 | | feet of a church if: | 20 | | (1) the sale of alcoholic liquor is not the principal | 21 | | business carried on by the licensee at the premises; | 22 | | (2) the church has been operating in its current | 23 | | location since 1973; | 24 | | (3) the premises has been operating in its current | 25 | | location since 1988; | 26 | | (4) the church and the premises are owned by the same |
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| 1 | | parish; | 2 | | (5) the premises is used for cultural and educational | 3 | | purposes; | 4 | | (6) the primary entrance to the premises and the | 5 | | primary entrance to the church are located on the same | 6 | | street; | 7 | | (7) the principal religious leader of the church has | 8 | | indicated his support of the issuance of the license; | 9 | | (8) the premises is a 2-story building of approximately | 10 | | 23,000 square feet; and | 11 | | (9) the premises houses a ballroom on its ground floor | 12 | | of approximately 5,000 square feet. | 13 | | (y) 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 school if: | 19 | | (1) the sale of alcoholic liquor is not the principal | 20 | | business carried on by the licensee at the premises; | 21 | | (2) the sale of alcoholic liquor at the premises is | 22 | | incidental to the sale of food; | 23 | | (3) according to the municipality, the distance | 24 | | between the east property line of the premises and the west | 25 | | property line of the school is 97.8 feet; | 26 | | (4) the school is a City of Chicago School District 299 |
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| 1 | | school; | 2 | | (5) the school has been operating since 1959; | 3 | | (6) the primary entrance to the premises and the | 4 | | primary entrance to the school are located on the same | 5 | | street; | 6 | | (7) the street on which the entrances of the premises | 7 | | and the school are located is a major diagonal | 8 | | thoroughfare; | 9 | | (8) the premises is a single-story building of | 10 | | approximately 2,900 square feet; and | 11 | | (9) the premises is used for commercial purposes only. | 12 | | (z) 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 if: | 18 | | (1) the sale of alcoholic liquor is not the principal | 19 | | business carried on by the licensee at the premises; | 20 | | (2) the licensee shall only sell packaged liquors at | 21 | | the premises; | 22 | | (3) the licensee is a national retail chain having over | 23 | | 100 locations within the municipality; | 24 | | (4) the licensee has over 8,000 locations nationwide; | 25 | | (5) the licensee has locations in all 50 states; | 26 | | (6) the premises is located in the North-East quadrant |
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| 1 | | of the municipality; | 2 | | (7) the premises is a free-standing building that has | 3 | | "drive-through" pharmacy service; | 4 | | (8) the premises has approximately 14,490 square feet | 5 | | of retail space; | 6 | | (9) the premises has approximately 799 square feet of | 7 | | pharmacy space; | 8 | | (10) the premises is located on a major arterial street | 9 | | that runs east-west and accepts truck traffic; and | 10 | | (11) the alderman of the ward in which the premises is | 11 | | located has expressed, in writing, his or her support for | 12 | | the issuance of the license. | 13 | | (aa) 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 on by the licensee at the premises; | 21 | | (2) the licensee shall only sell packaged liquors at | 22 | | the premises; | 23 | | (3) the licensee is a national retail chain having over | 24 | | 100 locations within the municipality; | 25 | | (4) the licensee has over 8,000 locations nationwide; | 26 | | (5) the licensee has locations in all 50 states; |
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| 1 | | (6) the premises is located in the North-East quadrant | 2 | | of the municipality; | 3 | | (7) the premises is located across the street from a | 4 | | national grocery chain outlet; | 5 | | (8) the premises has approximately 16,148 square feet | 6 | | of retail space; | 7 | | (9) the premises has approximately 992 square feet of | 8 | | pharmacy space; | 9 | | (10) the premises is located on a major arterial street | 10 | | that runs north-south and accepts truck traffic; and | 11 | | (11) the alderman of the ward in which the premises is | 12 | | located has expressed, in writing, his or her support for | 13 | | the issuance of the license. | 14 | | (bb) Notwithstanding any provision of this Section to the | 15 | | contrary, nothing in this Section shall prohibit the issuance | 16 | | or renewal of a license authorizing the sale of alcoholic | 17 | | liquor at a premises that is located within a municipality with | 18 | | a population in excess of 1,000,000 inhabitants and within 100 | 19 | | feet of a church if: | 20 | | (1) the sale of alcoholic liquor is not the principal | 21 | | business carried on by the licensee at the premises; | 22 | | (2) the sale of alcoholic liquor at the premises is | 23 | | incidental to the sale of food; | 24 | | (3) the primary entrance to the premises and the | 25 | | primary entrance to the church are located on the same | 26 | | street; |
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| 1 | | (4) the premises is across the street from the church; | 2 | | (5) the street on which the premises and the church are | 3 | | located is a major arterial street that runs east-west; | 4 | | (6) the church is an elder-led and Bible-based Assyrian | 5 | | church; | 6 | | (7) the premises and the church are both single-story | 7 | | buildings; | 8 | | (8) the storefront directly west of the church is being | 9 | | used as a restaurant; and | 10 | | (9) the distance between the northern-most property | 11 | | line of the premises and the southern-most property line of | 12 | | the church is 65 feet. | 13 | | (cc) 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 school if: | 19 | | (1) the sale of alcoholic liquor is not the principal | 20 | | business carried on by the licensee at the premises; | 21 | | (2) the licensee shall only sell packaged liquors at | 22 | | the premises; | 23 | | (3) the licensee is a national retail chain; | 24 | | (4) as of October 25, 2011, the licensee has 1,767 | 25 | | stores operating nationwide, 87 stores operating in the | 26 | | State, and 10 stores operating within the municipality; |
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| 1 | | (5) the licensee shall occupy approximately 124,000 | 2 | | square feet of space in the basement and first and second | 3 | | floors of a building located across the street from a | 4 | | school; | 5 | | (6) the school opened in August of 2009 and occupies | 6 | | approximately 67,000 square feet of space; and | 7 | | (7) the building in which the premises shall be located | 8 | | has been listed on the National Register of Historic Places | 9 | | since April 17, 1970. | 10 | | (dd) 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 within a full-service grocery store at a premises that | 14 | | is located within a municipality with a population in excess of | 15 | | 1,000,000 inhabitants and is within 100 feet of a school if: | 16 | | (1) the premises is constructed on land that was | 17 | | purchased from the municipality at a fair market price; | 18 | | (2) the premises is constructed on land that was | 19 | | previously used as a parking facility for public safety | 20 | | employees; | 21 | | (3) the sale of alcoholic liquor is not the principal | 22 | | business carried on by the licensee at the premises; | 23 | | (4) the main entrance to the store is more than 100 | 24 | | feet from the main entrance to the school; | 25 | | (5) the premises is to be new construction; | 26 | | (6) the school is a private school; |
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| 1 | | (7) the principal of the school has given written | 2 | | approval for the license; | 3 | | (8) the alderman of the ward where the premises is | 4 | | located has given written approval of the issuance of the | 5 | | license; | 6 | | (9) the grocery store level of the premises is between | 7 | | 60,000 and 70,000 square feet; and | 8 | | (10) the owner and operator of the grocery store | 9 | | operates 2 other grocery stores that have alcoholic liquor | 10 | | licenses within the same municipality. | 11 | | (ee) Notwithstanding any provision in this Section to the | 12 | | contrary, nothing in this Section shall prohibit the issuance | 13 | | or renewal of a license authorizing the sale of alcoholic | 14 | | liquor within a full-service grocery store at a premises that | 15 | | is located within a municipality with a population in excess of | 16 | | 1,000,000 inhabitants and is within 100 hundred feet of a | 17 | | school if: | 18 | | (1) the premises is constructed on land that once | 19 | | contained an industrial steel facility; | 20 | | (2) the premises is located on land that has undergone | 21 | | environmental remediation; | 22 | | (3) the premises is located within a retail complex | 23 | | containing retail stores where some of the stores sell | 24 | | alcoholic beverages; | 25 | | (4) the principal activity of any restaurant in the | 26 | | retail complex is the sale of food, and the sale of |
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| 1 | | alcoholic liquor is incidental to the sale of food; | 2 | | (5) the sale of alcoholic liquor is not the principal | 3 | | business carried on by the grocery store; | 4 | | (6) the entrance to any business that sells alcoholic | 5 | | liquor is more than 100 feet from the entrance to the | 6 | | school; | 7 | | (7) the alderman of the ward where the premises is | 8 | | located has given written approval of the issuance of the | 9 | | license; and | 10 | | (8) the principal of the school has given written | 11 | | consent to the issuance of the license. | 12 | | (ff) (dd) Notwithstanding any provision of this Section to | 13 | | the contrary, nothing in this Section shall prohibit the | 14 | | issuance or renewal of a license authorizing the sale of | 15 | | alcoholic liquor at a premises that is located within a | 16 | | municipality with a population in excess of 1,000,000 | 17 | | inhabitants and within 100 feet of a school if: | 18 | | (1) the sale of alcoholic liquor is not the principal | 19 | | business carried on at the premises; | 20 | | (2) the sale of alcoholic liquor at the premises is | 21 | | incidental to the operation of a theater; | 22 | | (3) the premises is a one and one-half-story building | 23 | | of approximately 10,000 square feet; | 24 | | (4) the school is a City of Chicago School District 299 | 25 | | school; | 26 | | (5) the primary entrance of the premises and the |
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| 1 | | primary entrance of the school are at least 300 feet apart | 2 | | and no more than 400 feet apart; | 3 | | (6) the alderman of the ward in which the premises is | 4 | | located has expressed, in writing, his support for the | 5 | | issuance of the license; and | 6 | | (7) the principal of the school has expressed, in | 7 | | writing, that there is no objection to the issuance of a | 8 | | license under this subsection (ff) (dd) . | 9 | | (gg) Notwithstanding any provision of this Section to the | 10 | | contrary, nothing in this Section shall prohibit the issuance | 11 | | or renewal of a license authorizing the sale of alcoholic | 12 | | liquor incidental to the sale of food within a restaurant or | 13 | | banquet facility established in a premises that is located in a | 14 | | municipality with a population in excess of 1,000,000 | 15 | | inhabitants and within 100 feet of a church if: | 16 | | (1) the sale of alcoholic liquor is not the principal | 17 | | business carried on by the licensee at the premises; | 18 | | (2) the property on which the church is located and the | 19 | | property on which the premises are located are both within | 20 | | a district originally listed on the National Register of | 21 | | Historic Places on February 14, 1979; | 22 | | (3) the property on which the premises are located | 23 | | contains one or more multi-story buildings that are at | 24 | | least 95 years old and have no more than three stories; | 25 | | (4) the building in which the church is located is at | 26 | | least 120 years old; |
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| 1 | | (5) the property on which the church is located is | 2 | | immediately adjacent to and west of the property on which | 3 | | the premises are located; | 4 | | (6) the western boundary of the property on which the | 5 | | premises are located is no less than 118 feet in length and | 6 | | no more than 122 feet in length; | 7 | | (7) the principal religious leader at the place of | 8 | | worship has indicated his or her support for the issuance | 9 | | of the license in writing; and | 10 | | (8) the alderman of the district in which the premises | 11 | | are located has expressed his or her support for the | 12 | | issuance of the license in writing. | 13 | | For purposes of this subsection, a "banquet facility" is | 14 | | any part of a building that caters to private parties and where | 15 | | the sale of alcoholic liquors is not the principal business. | 16 | | (Source: P.A. 96-283, eff. 8-11-09; 96-744, eff. 8-25-09; | 17 | | 96-851, eff. 12-23-09; 96-871, eff. 1-21-10; 96-1051, eff. | 18 | | 7-14-10; 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634, eff. | 19 | | 12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12; 97-806, | 20 | | eff. 7-13-12; revised 7-23-12.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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