Full Text of HB1344 102nd General Assembly
HB1344ham001 102ND GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 4/8/2021
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| 1 | | AMENDMENT TO HOUSE BILL 1344
| 2 | | AMENDMENT NO. ______. Amend House Bill 1344 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 | 3 | | renewal of a license for the
sale at retail of alcoholic liquor | 4 | | on 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 | | (a-5) Notwithstanding any provision of this Section to the | 11 | | contrary, a local liquor control commissioner may grant an | 12 | | exemption to the prohibition in subsection (a) of this Section | 13 | | if a local rule or ordinance authorizes the local liquor | 14 | | control commissioner to grant that exemption. | 15 | | (b) Nothing in this Section shall prohibit the issuance of | 16 | | a retail
license
authorizing the sale of alcoholic liquor to a | 17 | | restaurant, the primary business
of which is the sale of goods | 18 | | baked on the premises if (i) the restaurant is
newly | 19 | | constructed and located on a lot of not less than 10,000 square | 20 | | feet,
(ii) the restaurant costs at least $1,000,000 to | 21 | | construct, (iii) the licensee
is the titleholder to the | 22 | | premises and resides on the premises, and (iv) the
| 23 | | construction of the restaurant is completed within 18 months | 24 | | of July 10, 1998 (the effective
date of Public Act 90-617).
| 25 | | (c) Nothing in this Section shall prohibit the issuance of | 26 | | a retail
license
authorizing the sale of alcoholic liquor |
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| 1 | | incidental to a restaurant if (1) the
primary
business of the | 2 | | restaurant consists of the sale of food where the sale of
| 3 | | liquor is incidental to the sale of food and the applicant is a | 4 | | completely new
owner of the restaurant, (2) the immediately
| 5 | | prior owner or operator of the premises where the restaurant | 6 | | is located
operated the premises as a restaurant and held a | 7 | | valid retail license
authorizing the
sale of alcoholic liquor | 8 | | at the restaurant for at least part of the 24 months
before the
| 9 | | change of ownership, and (3) the restaurant is located 75 or | 10 | | more feet from a
school.
| 11 | | (d) In the interest of further developing Illinois' | 12 | | economy in the area
of
commerce, tourism, convention, and | 13 | | banquet business, nothing in this
Section shall
prohibit | 14 | | issuance of a retail license authorizing the sale of alcoholic
| 15 | | beverages to a restaurant, banquet facility, grocery store, or | 16 | | hotel having
not fewer than
150 guest room accommodations | 17 | | located in a municipality of more than 500,000
persons, | 18 | | notwithstanding the proximity of such hotel, restaurant,
| 19 | | banquet facility, or grocery store to any church or school, if | 20 | | the licensed
premises
described on the license are located | 21 | | within an enclosed mall or building of a
height of at least 6 | 22 | | stories, or 60 feet in the case of a building that has
been | 23 | | registered as a national landmark, or in a grocery store | 24 | | having a
minimum of 56,010 square feet of floor space in a | 25 | | single story building in an
open mall of at least 3.96 acres | 26 | | that is adjacent to a public school that
opened as a boys |
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| 1 | | technical high school in 1934, or in a grocery store having a | 2 | | minimum of 31,000 square feet of floor space in a single story | 3 | | building located a distance of more than 90 feet but less than | 4 | | 100 feet from a high school that opened in 1928 as a junior | 5 | | high school and became a senior high school in 1933, and in | 6 | | each of these
cases if the sale of
alcoholic liquors is not the | 7 | | principal business carried on by the licensee.
| 8 | | For purposes of this Section, a "banquet facility" is any | 9 | | part of a
building that caters to private parties and where the | 10 | | sale of alcoholic liquors
is not the principal business.
| 11 | | (e) Nothing in this Section shall prohibit the issuance of | 12 | | a license to
a
church or private school to sell at retail | 13 | | alcoholic liquor if any such
sales are limited to periods when | 14 | | groups are assembled on the premises
solely for the promotion | 15 | | of some common object other than the sale or
consumption of | 16 | | alcoholic liquors.
| 17 | | (f) Nothing in this Section shall prohibit a church or | 18 | | church affiliated
school
located in a home rule municipality | 19 | | or in a municipality with 75,000 or more
inhabitants from | 20 | | locating
within 100 feet of a property for which there is a | 21 | | preexisting license to sell
alcoholic liquor at retail. In | 22 | | these instances, the local zoning authority
may, by ordinance | 23 | | adopted simultaneously with the granting of an initial
special | 24 | | use zoning permit for the church or church affiliated school, | 25 | | provide
that the 100-foot restriction in this Section shall | 26 | | not apply to that church or
church affiliated school and |
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| 1 | | future retail liquor licenses.
| 2 | | (g) Nothing in this Section shall prohibit the issuance of | 3 | | a retail
license authorizing the sale of alcoholic liquor at | 4 | | premises within 100 feet,
but not less than 90 feet, of a | 5 | | public school if (1) the premises have been
continuously | 6 | | licensed to sell alcoholic liquor
for a period of at least 50 | 7 | | years,
(2) the premises are located in a municipality having a | 8 | | population of over
500,000 inhabitants, (3) the licensee is an | 9 | | individual who is a member of a
family that has held the | 10 | | previous 3 licenses for that location for more than 25
years, | 11 | | (4) the
principal of the school and the alderman of the ward in | 12 | | which the school is
located have delivered a written statement | 13 | | to the local liquor control
commissioner stating that they do | 14 | | not object to the issuance of a license
under this subsection | 15 | | (g), and (5) the local liquor control commissioner has
| 16 | | received the written consent of a majority of the registered | 17 | | voters who live
within 200 feet of the premises.
| 18 | | (h) 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 area attached | 22 | | to premises that are located in a municipality with a | 23 | | population in excess of 300,000 inhabitants and that are | 24 | | within 100 feet of a church if:
| 25 | | (1) the sale of alcoholic liquor at the premises is | 26 | | incidental to the sale of food,
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| 1 | | (2) the sale of liquor is not the principal business | 2 | | carried on by the licensee at the premises, | 3 | | (3) the premises are less than 1,000 square feet, | 4 | | (4) the premises are owned by the University of | 5 | | Illinois, | 6 | | (5) the premises are immediately adjacent to property | 7 | | owned by a church and are not less than 20 nor more than 40 | 8 | | feet from the church space used for worship services, and | 9 | | (6) the principal religious leader at the place of | 10 | | worship has indicated his or her support for the issuance | 11 | | of the license in writing.
| 12 | | (i) Notwithstanding any provision in this Section to the | 13 | | contrary, nothing in this Section shall prohibit the issuance | 14 | | or renewal of a license to sell alcoholic liquor at a premises | 15 | | that is located within a municipality with a population in | 16 | | excess of 300,000 inhabitants and is within 100 feet of a | 17 | | church, synagogue, or other place of worship if: | 18 | | (1) the primary entrance of the premises and the | 19 | | primary entrance of the church, synagogue, or other place | 20 | | of worship are at least 100 feet apart, on parallel | 21 | | streets, and separated by an alley; and | 22 | | (2) the principal religious leader at the place of | 23 | | worship has not indicated his or her opposition to the | 24 | | issuance or renewal of the license in writing. | 25 | | (j) Notwithstanding any provision in this Section to the | 26 | | contrary, nothing in this Section shall prohibit the issuance |
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| 1 | | of a retail
license authorizing the sale of alcoholic liquor | 2 | | at a theater that is within 100 feet of a church if (1) the | 3 | | church owns the theater, (2) the church leases the theater to | 4 | | one or more entities, and
(3) the theater is used by at least 5 | 5 | | different not-for-profit theater groups. | 6 | | (k) Notwithstanding any provision in 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 | 10 | | with a population in excess of 1,000,000 inhabitants and is | 11 | | within 100 feet of a school if:
| 12 | | (1) the primary entrance of the premises and the | 13 | | primary entrance of the school are parallel, on different | 14 | | streets, and separated by an alley; | 15 | | (2) the southeast corner of the premises are at least | 16 | | 350 feet from the southwest corner of the school; | 17 | | (3) the school was built in 1978; | 18 | | (4) the sale of alcoholic liquor at the premises is | 19 | | incidental to the sale of food; | 20 | | (5) the sale of alcoholic liquor is not the principal | 21 | | business carried on by the licensee at the premises; | 22 | | (6) the applicant is the owner of the restaurant and | 23 | | has held a valid license authorizing the sale of alcoholic | 24 | | liquor for the business to be conducted on the premises at | 25 | | a different location for more than 7 years; and | 26 | | (7) the premises is at least 2,300 square feet and |
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| 1 | | sits on a lot that is between 6,100 and 6,150 square feet. | 2 | | (l) Notwithstanding any provision in this Section to the | 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 | 6 | | with a population in excess of 1,000,000 inhabitants and is | 7 | | within 100 feet of a church or school if: | 8 | | (1) the primary entrance of the premises and the | 9 | | closest entrance of the church or school is at least 90 | 10 | | feet apart and no greater than 95 feet apart; | 11 | | (2) the shortest distance between the premises and the | 12 | | church or school is at least 80 feet apart and no greater | 13 | | than 85 feet apart; | 14 | | (3) the applicant is the owner of the restaurant and | 15 | | on November 15, 2006 held a valid license authorizing the | 16 | | sale of alcoholic liquor for the business to be conducted | 17 | | on the premises for at least 14 different locations; | 18 | | (4) the sale of alcoholic liquor at the premises is | 19 | | incidental to the sale of food; | 20 | | (5) the sale of alcoholic liquor is not the principal | 21 | | business carried on by the licensee at the premises; | 22 | | (6) the premises is at least 3,200 square feet and | 23 | | sits on a lot that is between 7,150 and 7,200 square feet; | 24 | | and | 25 | | (7) the principal religious leader at the place of | 26 | | worship has not indicated his or her opposition to the |
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| 1 | | issuance or renewal of the license in writing.
| 2 | | (m) Notwithstanding any provision in this Section to the | 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 | 6 | | with a population in excess of 1,000,000 inhabitants and is | 7 | | within 100 feet of a church if: | 8 | | (1) the premises and the church are perpendicular, and | 9 | | the primary entrance of the premises faces South while the | 10 | | primary entrance of the church faces West and the distance | 11 | | between the two entrances is more than 100 feet; | 12 | | (2) the shortest distance between the premises lot | 13 | | line and the exterior wall of the church is at least 80 | 14 | | feet; | 15 | | (3) the church was established at the current location | 16 | | in 1916 and the present structure was erected in 1925; | 17 | | (4) the premises is a single story, single use | 18 | | building with at least 1,750 square feet and no more than | 19 | | 2,000 square feet; | 20 | | (5) the sale of alcoholic liquor at the premises is | 21 | | incidental to the sale of food; | 22 | | (6) the sale of alcoholic liquor is not the principal | 23 | | business carried on by the licensee at the premises; and | 24 | | (7) the principal religious leader at the place of | 25 | | worship has not indicated his or her opposition to the | 26 | | issuance or renewal of the license in writing. |
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| 1 | | (n) 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 | 5 | | with a population in excess of 1,000,000 inhabitants and is | 6 | | within 100 feet of a school if: | 7 | | (1) the school is a City of Chicago School District | 8 | | 299 school; | 9 | | (2) the school is located within subarea E of City of | 10 | | Chicago Residential Business Planned Development Number | 11 | | 70; | 12 | | (3) the sale of alcoholic liquor is not the principal | 13 | | business carried on by the licensee on the premises; | 14 | | (4) the sale of alcoholic liquor at the premises is | 15 | | incidental to the sale of food; and | 16 | | (5) the administration of City of Chicago School | 17 | | District 299 has expressed, in writing, its support for | 18 | | the issuance of the license. | 19 | | (o) Notwithstanding any provision of this Section to the | 20 | | contrary, nothing in this Section shall prohibit the issuance | 21 | | or renewal of a retail license authorizing the sale of | 22 | | alcoholic liquor at a premises that is located within a | 23 | | municipality in excess of 1,000,000 inhabitants and within 100 | 24 | | feet of a church if: | 25 | | (1) the sale of alcoholic liquor at the premises is | 26 | | incidental to the sale of food; |
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| 1 | | (2) the sale of alcoholic liquor is not the principal | 2 | | business carried on by the licensee at the premises; | 3 | | (3) the premises is located on a street that runs | 4 | | perpendicular to the street on which the church is | 5 | | located; | 6 | | (4) the primary entrance of the premises is at least | 7 | | 100 feet from the primary entrance of the church; | 8 | | (5) the shortest distance between any part of the | 9 | | premises and any part of the church is at least 60 feet; | 10 | | (6) the premises is between 3,600 and 4,000 square | 11 | | feet and sits on a lot that is between 3,600 and 4,000 | 12 | | square feet; and | 13 | | (7) the premises was built in the year 1909. | 14 | | For purposes of this subsection (o), "premises" means a | 15 | | place of business together with a privately owned outdoor | 16 | | location that is adjacent to the place of business. | 17 | | (p) 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 | 21 | | with a population in excess of 1,000,000 inhabitants and | 22 | | within 100 feet of a church if: | 23 | | (1) the shortest distance between the backdoor of the | 24 | | premises, which is used as an emergency exit, and the | 25 | | church is at least 80 feet; | 26 | | (2) the church was established at the current location |
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| 1 | | in 1889; and | 2 | | (3) liquor has been sold on the premises since at | 3 | | least 1985. | 4 | | (q) Notwithstanding any provision of this Section to the | 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 premises that is located in a municipality | 8 | | with a population in excess of 1,000,000 inhabitants and | 9 | | within 100 feet of a church-owned property if: | 10 | | (1) the premises is located within a larger building | 11 | | operated as a grocery store; | 12 | | (2) the area of the premises does not exceed 720 | 13 | | square feet and the area of the larger building exceeds | 14 | | 18,000 square feet; | 15 | | (3) the larger building containing the premises is | 16 | | within 100 feet of the nearest property line of a | 17 | | church-owned property on which a church-affiliated school | 18 | | is located; | 19 | | (4) the sale of liquor is not the principal business | 20 | | carried on within the larger building; | 21 | | (5) the primary entrance of the larger building and | 22 | | the premises and the primary entrance of the | 23 | | church-affiliated school are on different, parallel | 24 | | streets, and the distance between the 2 primary entrances | 25 | | is more than 100 feet; | 26 | | (6) the larger building is separated from the |
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| 1 | | church-owned property and church-affiliated school by an | 2 | | alley; | 3 | | (7) the larger building containing the premises and | 4 | | the church building front are on perpendicular streets and | 5 | | are separated by a street; and | 6 | | (8) (Blank). | 7 | | (r) Notwithstanding any provision of this Section to the | 8 | | contrary, nothing in this Section shall prohibit the issuance, | 9 | | renewal, or maintenance of a license authorizing the sale of | 10 | | alcoholic liquor incidental to the sale of food within a | 11 | | restaurant established in a premises that is located in a | 12 | | municipality with a population in excess of 1,000,000 | 13 | | inhabitants and within 100 feet of a church if: | 14 | | (1) the primary entrance of the church and the primary | 15 | | entrance of the restaurant are at least 100 feet apart; | 16 | | (2) the restaurant has operated on the ground floor | 17 | | and lower level of a multi-story, multi-use building for | 18 | | more than 40 years; | 19 | | (3) the primary business of the restaurant consists of | 20 | | the sale of food where the sale of liquor is incidental to | 21 | | the sale of food; | 22 | | (4) the sale of alcoholic liquor is conducted | 23 | | primarily in the below-grade level of the restaurant to | 24 | | which the only public access is by a staircase located | 25 | | inside the restaurant; and | 26 | | (5) the restaurant has held a license authorizing the |
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| 1 | | sale of alcoholic liquor on the premises for more than 40 | 2 | | years. | 3 | | (s) Notwithstanding any provision of this Section to the | 4 | | contrary, nothing in this Section shall prohibit renewal of a | 5 | | license authorizing the sale of alcoholic liquor at a premises | 6 | | that is located within a municipality with a population more | 7 | | than 5,000 and less than 10,000 and is within 100 feet of a | 8 | | church if: | 9 | | (1) the church was established at the location within | 10 | | 100 feet of the premises after a license for the sale of | 11 | | alcoholic liquor at the premises was first issued; | 12 | | (2) a license for sale of alcoholic liquor at the | 13 | | premises was first issued before January 1, 2007; and | 14 | | (3) a license for the sale of alcoholic liquor on the | 15 | | premises has been continuously in effect since January 1, | 16 | | 2007, except for interruptions between licenses of no more | 17 | | than 90 days. | 18 | | (t) Notwithstanding any provision of this Section to the | 19 | | contrary, nothing in this Section shall prohibit the issuance | 20 | | or renewal of a
license authorizing the sale of alcoholic | 21 | | liquor
incidental to the sale of food within a restaurant that | 22 | | is established in a premises that is located in a municipality | 23 | | with a population in excess of 1,000,000 inhabitants and | 24 | | within 100 feet of a school and a church if: | 25 | | (1) the restaurant is located inside a five-story | 26 | | building with over 16,800 square feet of commercial space; |
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| 1 | | (2) the area of the premises does not exceed 31,050 | 2 | | square feet; | 3 | | (3) the area of the restaurant does not exceed 5,800 | 4 | | square feet; | 5 | | (4) the building has no less than 78 condominium | 6 | | units; | 7 | | (5) the construction of the building in which the | 8 | | restaurant is located was completed in 2006; | 9 | | (6) the building has 10 storefront properties, 3 of | 10 | | which are used for the restaurant; | 11 | | (7) the restaurant will open for business in 2010; | 12 | | (8) the building is north of the school and separated | 13 | | by an alley; and | 14 | | (9) the principal religious leader of the church and | 15 | | either the alderman of the ward in which the school is | 16 | | located or the principal of the school have delivered a | 17 | | written statement to the local liquor control commissioner | 18 | | stating that he or she does not object to the issuance of a | 19 | | license under this subsection (t). | 20 | | (u) Notwithstanding any provision in this Section to the | 21 | | contrary, nothing in this Section shall prohibit the issuance | 22 | | or renewal of a license to sell alcoholic liquor at a premises | 23 | | that is located within a municipality with a population in | 24 | | excess of 1,000,000 inhabitants and within 100 feet of a | 25 | | school if: | 26 | | (1) the premises operates as a restaurant and has been |
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| 1 | | in operation since February 2008; | 2 | | (2) the applicant is the owner of the premises; | 3 | | (3) the sale of alcoholic liquor is incidental to the | 4 | | sale of food; | 5 | | (4) the sale of alcoholic liquor is not the principal | 6 | | business carried on by the licensee on the premises; | 7 | | (5) the premises occupy the first floor of a 3-story | 8 | | building that is at least 90 years old; | 9 | | (6) the rear lot of the school and the rear corner of | 10 | | the building that the premises occupy are separated by an | 11 | | alley; | 12 | | (7) the distance from the southwest corner of the | 13 | | property line of the school and the northeast corner of | 14 | | the building that the premises occupy is at least 16 feet, | 15 | | 5 inches; | 16 | | (8) the distance from the rear door of the premises to | 17 | | the southwest corner of the property line of the school is | 18 | | at least 93 feet; | 19 | | (9) the school is a City of Chicago School District | 20 | | 299 school; | 21 | | (10) the school's main structure was erected in 1902 | 22 | | and an addition was built to the main structure in 1959; | 23 | | and | 24 | | (11) the principal of the school and the alderman in | 25 | | whose district the premises are located have expressed, in | 26 | | writing, their support for the issuance of the license. |
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| 1 | | (v) Notwithstanding any provision in this Section to the | 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 | 5 | | with a population in excess of 1,000,000 inhabitants and is | 6 | | within 100 feet of a school if: | 7 | | (1) the total land area of the premises for which the | 8 | | license or renewal is sought is more than 600,000 square | 9 | | feet; | 10 | | (2) the premises for which the license or renewal is | 11 | | sought has more than 600 parking stalls; | 12 | | (3) the total area of all buildings on the premises | 13 | | for which the license or renewal is sought exceeds 140,000 | 14 | | square feet; | 15 | | (4) the property line of the premises for which the | 16 | | license or renewal is sought is separated from the | 17 | | property line of the school by a street; | 18 | | (5) the distance from the school's property line to | 19 | | the property line of the premises for which the license or | 20 | | renewal is sought is at least 60 feet; | 21 | | (6) as of June 14, 2011 (the effective date of Public | 22 | | Act 97-9), the premises for which the license or renewal | 23 | | is sought is located in the Illinois Medical District. | 24 | | (w) Notwithstanding any provision in this Section to the | 25 | | contrary, nothing in this Section shall prohibit the issuance | 26 | | or renewal of a license to sell alcoholic liquor at a premises |
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| 1 | | that is located within a municipality with a population in | 2 | | excess of 1,000,000 inhabitants and within 100 feet of a | 3 | | church if: | 4 | | (1) the sale of alcoholic liquor at the premises is | 5 | | incidental to the sale of food; | 6 | | (2) the sale of alcoholic liquor is not the principal
| 7 | | business carried on by the licensee at the premises; | 8 | | (3) the premises occupy the first floor and basement | 9 | | of a 2-story building that is 106 years old; | 10 | | (4) the premises is at least 7,000 square feet and | 11 | | located on a lot that is at least 11,000 square feet; | 12 | | (5) the premises is located directly west of the | 13 | | church, on perpendicular streets, and separated by an | 14 | | alley; | 15 | | (6) the distance between the
property line of the | 16 | | premises and the property line of the church is at least 20 | 17 | | feet; | 18 | | (7) the distance between the primary entrance of the | 19 | | premises and the primary entrance of the church is at | 20 | | least 130 feet; and | 21 | | (8) the church has been at its location for at least 40 | 22 | | years. | 23 | | (x) Notwithstanding any provision of this Section to the | 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 |
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| 1 | | with a population in excess of 1,000,000 inhabitants and | 2 | | within 100 feet of a church if: | 3 | | (1) the sale of alcoholic liquor is not the principal | 4 | | business carried on by the licensee at the premises; | 5 | | (2) the church has been operating in its current | 6 | | location since 1973; | 7 | | (3) the premises has been operating in its current | 8 | | location since 1988; | 9 | | (4) the church and the premises are owned by the same | 10 | | parish; | 11 | | (5) the premises is used for cultural and educational | 12 | | purposes; | 13 | | (6) the primary entrance to the premises and the | 14 | | primary entrance to the church are located on the same | 15 | | street; | 16 | | (7) the principal religious leader of the church has | 17 | | indicated his support of the issuance of the license; | 18 | | (8) the premises is a 2-story building of | 19 | | approximately 23,000 square feet; and | 20 | | (9) the premises houses a ballroom on its ground floor | 21 | | of approximately 5,000 square feet. | 22 | | (y) Notwithstanding any provision of this Section to the | 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 | 26 | | with a population in excess of 1,000,000 inhabitants and |
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| 1 | | within 100 feet of a school if: | 2 | | (1) the sale of alcoholic liquor is not the principal | 3 | | business carried on by the licensee at the premises; | 4 | | (2) the sale of alcoholic liquor at the premises is | 5 | | incidental to the sale of food; | 6 | | (3) according to the municipality, the distance | 7 | | between the east property line of the premises and the | 8 | | west property line of the school is 97.8 feet; | 9 | | (4) the school is a City of Chicago School District | 10 | | 299 school; | 11 | | (5) the school has been operating since 1959; | 12 | | (6) the primary entrance to the premises and the | 13 | | primary entrance to the school are located on the same | 14 | | street; | 15 | | (7) the street on which the entrances of the premises | 16 | | and the school are located is a major diagonal | 17 | | thoroughfare; | 18 | | (8) the premises is a single-story building of | 19 | | approximately 2,900 square feet; and | 20 | | (9) the premises is used for commercial purposes only. | 21 | | (z) Notwithstanding any provision of this Section to the | 22 | | contrary, nothing in this Section shall prohibit the issuance | 23 | | or renewal of a license authorizing the sale of alcoholic | 24 | | liquor at a premises that is located within a municipality | 25 | | with a population in excess of 1,000,000 inhabitants and | 26 | | within 100 feet of a mosque if: |
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| 1 | | (1) the sale of alcoholic liquor is not the principal | 2 | | business carried on by the licensee at the premises; | 3 | | (2) the licensee shall only sell packaged liquors at | 4 | | the premises; | 5 | | (3) the licensee is a national retail chain having | 6 | | over 100 locations within the municipality; | 7 | | (4) the licensee has over 8,000 locations nationwide; | 8 | | (5) the licensee has locations in all 50 states; | 9 | | (6) the premises is located in the North-East quadrant | 10 | | of the municipality; | 11 | | (7) the premises is a free-standing building that has | 12 | | "drive-through" pharmacy service; | 13 | | (8) the premises has approximately 14,490 square feet | 14 | | of retail space; | 15 | | (9) the premises has approximately 799 square feet of | 16 | | pharmacy space; | 17 | | (10) the premises is located on a major arterial | 18 | | street that runs east-west and accepts truck traffic; and | 19 | | (11) the alderman of the ward in which the premises is | 20 | | located has expressed, in writing, his or her support for | 21 | | the issuance of the license. | 22 | | (aa) Notwithstanding any provision of this Section to the | 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 | 26 | | with a population in excess of 1,000,000 inhabitants and |
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| 1 | | within 100 feet of a church if: | 2 | | (1) the sale of alcoholic liquor is not the principal | 3 | | business carried on by the licensee at the premises; | 4 | | (2) the licensee shall only sell packaged liquors at | 5 | | the premises; | 6 | | (3) the licensee is a national retail chain having | 7 | | over 100 locations within the municipality; | 8 | | (4) the licensee has over 8,000 locations nationwide; | 9 | | (5) the licensee has locations in all 50 states; | 10 | | (6) the premises is located in the North-East quadrant | 11 | | of the municipality; | 12 | | (7) the premises is located across the street from a | 13 | | national grocery chain outlet; | 14 | | (8) the premises has approximately 16,148 square feet | 15 | | of retail space; | 16 | | (9) the premises has approximately 992 square feet of | 17 | | pharmacy space; | 18 | | (10) the premises is located on a major arterial | 19 | | street that runs north-south and accepts truck traffic; | 20 | | and | 21 | | (11) the alderman of the ward in which the premises is | 22 | | located has expressed, in writing, his or her support for | 23 | | the issuance of the license. | 24 | | (bb) Notwithstanding any provision of this Section to the | 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 at a premises that is located within a municipality | 2 | | with a population in excess of 1,000,000 inhabitants and | 3 | | within 100 feet of a church if: | 4 | | (1) the sale of alcoholic liquor is not the principal | 5 | | business carried on by the licensee at the premises; | 6 | | (2) the sale of alcoholic liquor at the premises is | 7 | | incidental to the sale of food; | 8 | | (3) the primary entrance to the premises and the | 9 | | primary entrance to the church are located on the same | 10 | | street; | 11 | | (4) the premises is across the street from the church; | 12 | | (5) the street on which the premises and the church | 13 | | are located is a major arterial street that runs | 14 | | east-west; | 15 | | (6) the church is an elder-led and Bible-based | 16 | | Assyrian church; | 17 | | (7) the premises and the church are both single-story | 18 | | buildings; | 19 | | (8) the storefront directly west of the church is | 20 | | being used as a restaurant; and | 21 | | (9) the distance between the northern-most property | 22 | | line of the premises and the southern-most property line | 23 | | of the church is 65 feet. | 24 | | (cc) Notwithstanding any provision of this Section to the | 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 at a premises that is located within a municipality | 2 | | with a population in excess of 1,000,000 inhabitants and | 3 | | within 100 feet of a school if: | 4 | | (1) the sale of alcoholic liquor is not the principal | 5 | | business carried on by the licensee at the premises; | 6 | | (2) the licensee shall only sell packaged liquors at | 7 | | the premises; | 8 | | (3) the licensee is a national retail chain; | 9 | | (4) as of October 25, 2011, the licensee has 1,767 | 10 | | stores operating nationwide, 87 stores operating in the | 11 | | State, and 10 stores operating within the municipality; | 12 | | (5) the licensee shall occupy approximately 124,000 | 13 | | square feet of space in the basement and first and second | 14 | | floors of a building located across the street from a | 15 | | school; | 16 | | (6) the school opened in August of 2009 and occupies | 17 | | approximately 67,000 square feet of space; and | 18 | | (7) the building in which the premises shall be | 19 | | located has been listed on the National Register of | 20 | | Historic Places since April 17, 1970. | 21 | | (dd) Notwithstanding any provision in this Section to the | 22 | | contrary, nothing in this Section shall prohibit the issuance | 23 | | or renewal of a license authorizing the sale of alcoholic | 24 | | liquor within a full-service grocery store at a premises that | 25 | | is located within a municipality with a population in excess | 26 | | of 1,000,000 inhabitants and is within 100 feet of a school if: |
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| 1 | | (1) the premises is constructed on land that was | 2 | | purchased from the municipality at a fair market price; | 3 | | (2) the premises is constructed on land that was | 4 | | previously used as a parking facility for public safety | 5 | | employees; | 6 | | (3) the sale of alcoholic liquor is not the principal | 7 | | business carried on by the licensee at the premises; | 8 | | (4) the main entrance to the store is more than 100 | 9 | | feet from the main entrance to the school; | 10 | | (5) the premises is to be new construction; | 11 | | (6) the school is a private school; | 12 | | (7) the principal of the school has given written | 13 | | approval for the license; | 14 | | (8) the alderman of the ward where the premises is | 15 | | located has given written approval of the issuance of the | 16 | | license; | 17 | | (9) the grocery store level of the premises is between | 18 | | 60,000 and 70,000 square feet; and | 19 | | (10) the owner and operator of the grocery store | 20 | | operates 2 other grocery stores that have alcoholic liquor | 21 | | licenses within the same municipality. | 22 | | (ee) Notwithstanding any provision in this Section to the | 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 full-service grocery store at a premises that | 26 | | is located within a municipality with a population in excess |
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| 1 | | of 1,000,000 inhabitants and is within 100 feet of a school if: | 2 | | (1) the premises is constructed on land that once | 3 | | contained an industrial steel facility; | 4 | | (2) the premises is located on land that has undergone | 5 | | environmental remediation; | 6 | | (3) the premises is located within a retail complex | 7 | | containing retail stores where some of the stores sell | 8 | | alcoholic beverages; | 9 | | (4) the principal activity of any restaurant in the | 10 | | retail complex is the sale of food, and the sale of | 11 | | alcoholic liquor is incidental to the sale of food; | 12 | | (5) the sale of alcoholic liquor is not the principal | 13 | | business carried on by the grocery store; | 14 | | (6) the entrance to any business that sells alcoholic | 15 | | liquor is more than 100 feet from the entrance to the | 16 | | school; | 17 | | (7) the alderman of the ward where the premises is | 18 | | located has given written approval of the issuance of the | 19 | | license; and | 20 | | (8) the principal of the school has given written | 21 | | consent to the issuance of the license. | 22 | | (ff) Notwithstanding any provision of this Section to the | 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 | 26 | | with a population in excess of 1,000,000 inhabitants and |
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| 1 | | within 100 feet of a school if: | 2 | | (1) the sale of alcoholic liquor is not the principal | 3 | | business carried on at the premises; | 4 | | (2) the sale of alcoholic liquor at the premises is | 5 | | incidental to the operation of a theater; | 6 | | (3) the premises is a one and one-half-story building | 7 | | of approximately 10,000 square feet; | 8 | | (4) the school is a City of Chicago School District | 9 | | 299 school; | 10 | | (5) the primary entrance of the premises and the | 11 | | primary entrance of the school are at least 300 feet apart | 12 | | and no more than 400 feet apart; | 13 | | (6) the alderman of the ward in which the premises is | 14 | | located has expressed, in writing, his support for the | 15 | | issuance of the license; and | 16 | | (7) the principal of the school has expressed, in | 17 | | writing, that there is no objection to the issuance of a | 18 | | license under this subsection (ff). | 19 | | (gg) Notwithstanding any provision of this Section to the | 20 | | contrary, nothing in this Section shall prohibit the issuance | 21 | | or renewal of a license authorizing the sale of alcoholic | 22 | | liquor incidental to the sale of food within a restaurant or | 23 | | banquet facility established in a premises that is located in | 24 | | a municipality with a population in excess of 1,000,000 | 25 | | inhabitants and within 100 feet of a church if: | 26 | | (1) the sale of alcoholic liquor is not the principal |
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| 1 | | business carried on by the licensee at the premises; | 2 | | (2) the property on which the church is located and | 3 | | the property on which the premises are located are both | 4 | | within a district originally listed on the National | 5 | | Register of Historic Places on February 14, 1979; | 6 | | (3) the property on which the premises are located | 7 | | contains one or more multi-story buildings that are at | 8 | | least 95 years old and have no more than three stories; | 9 | | (4) the building in which the church is located is at | 10 | | least 120 years old; | 11 | | (5) the property on which the church is located is | 12 | | immediately adjacent to and west of the property on which | 13 | | the premises are located; | 14 | | (6) the western boundary of the property on which the | 15 | | premises are located is no less than 118 feet in length and | 16 | | no more than 122 feet in length; | 17 | | (7) as of December 31, 2012, both the church property | 18 | | and the property on which the premises are located are | 19 | | within 250 feet of City of Chicago Business-Residential | 20 | | Planned Development Number 38; | 21 | | (8) the principal religious leader at the place of | 22 | | worship has indicated his or her support for the issuance | 23 | | of the license in writing; and | 24 | | (9) the alderman in whose district the premises are | 25 | | located has expressed his or her support for the issuance | 26 | | of the license in writing. |
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| 1 | | For the purposes of this subsection, "banquet facility" | 2 | | means the part of the building that is located on the floor | 3 | | above a restaurant and caters to private parties and where the | 4 | | sale of alcoholic liquors is not the principal business. | 5 | | (hh) 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 within a hotel and at an outdoor patio area attached to | 9 | | the hotel that are located in a municipality with a population | 10 | | in excess of 1,000,000 inhabitants and that are within 100 | 11 | | feet of a hospital if: | 12 | | (1) the sale of alcoholic liquor is not the principal | 13 | | business carried on by the licensee at the hotel; | 14 | | (2) the hotel is located within the City of Chicago | 15 | | Business Planned Development Number 468; and | 16 | | (3) the hospital is located within the City of Chicago | 17 | | Institutional Planned Development Number 3. | 18 | | (ii) Notwithstanding any provision of this Section to the | 19 | | contrary, nothing in this Section shall prohibit the issuance | 20 | | or renewal of a license authorizing the sale of alcoholic | 21 | | liquor within a restaurant and at an outdoor patio area | 22 | | attached to the restaurant that are located in a municipality | 23 | | with a population in excess of 1,000,000 inhabitants and that | 24 | | are within 100 feet of a church if: | 25 | | (1) the sale of alcoholic liquor at the premises is | 26 | | not the principal business carried on by the licensee and |
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| 1 | | is incidental to the sale of food; | 2 | | (2) the restaurant has been operated on the street | 3 | | level of a 2-story building located on a corner lot since | 4 | | 2008; | 5 | | (3) the restaurant is between 3,700 and 4,000 square | 6 | | feet and sits on a lot that is no more than 6,200 square | 7 | | feet; | 8 | | (4) the primary entrance to the restaurant and the | 9 | | primary entrance to the church are located on the same | 10 | | street; | 11 | | (5) the street on which the restaurant and the church | 12 | | are located is a major east-west street; | 13 | | (6) the restaurant and the church are separated by a | 14 | | one-way northbound street; | 15 | | (7) the church is located to the west of and no more | 16 | | than 65 feet from the restaurant; and | 17 | | (8) the principal religious leader at the place of | 18 | | worship has indicated his or her consent to the issuance | 19 | | of the license in writing. | 20 | | (jj) Notwithstanding any provision of this Section to the | 21 | | contrary, nothing in this Section shall prohibit the issuance | 22 | | or renewal of a license authorizing the sale of alcoholic | 23 | | liquor at premises located within a municipality with a | 24 | | population in excess of 1,000,000 inhabitants and within 100 | 25 | | feet of a church if: | 26 | | (1) the sale of alcoholic liquor is not the principal |
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| 1 | | business carried on by the licensee at the premises; | 2 | | (2) the sale of alcoholic liquor is incidental to the | 3 | | sale of food; | 4 | | (3) the premises are located east of the church, on | 5 | | perpendicular streets, and separated by an alley; | 6 | | (4) the distance between the primary entrance of the | 7 | | premises and the primary entrance of the church is at | 8 | | least 175 feet; | 9 | | (5) the distance between the property line of the | 10 | | premises and the property line of the church is at least 40 | 11 | | feet; | 12 | | (6) the licensee has been operating at the premises | 13 | | since 2012; | 14 | | (7) the church was constructed in 1904; | 15 | | (8) the alderman of the ward in which the premises is | 16 | | located has expressed, in writing, his or her support for | 17 | | the issuance of the license; and | 18 | | (9) the principal religious leader of the church has | 19 | | delivered a written statement that he or she does not | 20 | | object to the issuance of a license under this subsection | 21 | | (jj). | 22 | | (kk) Notwithstanding any provision of this Section to the | 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 | 26 | | with a population in excess of 1,000,000 inhabitants and |
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| 1 | | within 100 feet of a school if: | 2 | | (1) the sale of alcoholic liquor is not the principal | 3 | | business carried on by the licensee at the premises; | 4 | | (2) the licensee shall only sell packaged liquors on | 5 | | the premises; | 6 | | (3) the licensee is a national retail chain; | 7 | | (4) as of February 27, 2013, the licensee had 1,778 | 8 | | stores operating nationwide, 89 operating in this State, | 9 | | and 11 stores operating within the municipality; | 10 | | (5) the licensee shall occupy approximately 169,048 | 11 | | square feet of space within a building that is located | 12 | | across the street from a tuition-based preschool; and | 13 | | (6) the alderman of the ward in which the premises is | 14 | | located has expressed, in writing, his or her support for | 15 | | the issuance of the license. | 16 | | (ll) Notwithstanding any provision of this Section to the | 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 | 20 | | with a population in excess of 1,000,000 inhabitants and | 21 | | within 100 feet of a school if: | 22 | | (1) the sale of alcoholic liquor is not the principal | 23 | | business carried on by the licensee at the premises; | 24 | | (2) the licensee shall only sell packaged liquors on | 25 | | the premises; | 26 | | (3) the licensee is a national retail chain; |
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| 1 | | (4) as of February 27, 2013, the licensee had 1,778 | 2 | | stores operating nationwide, 89 operating in this State, | 3 | | and 11 stores operating within the municipality; | 4 | | (5) the licensee shall occupy approximately 191,535 | 5 | | square feet of space within a building that is located | 6 | | across the street from an elementary school; and | 7 | | (6) the alderman of the ward in which the premises is | 8 | | located has expressed, in writing, his or her support for | 9 | | the issuance of the license. | 10 | | (mm) Notwithstanding any provision of this Section to the | 11 | | contrary, nothing in this Section shall prohibit the issuance | 12 | | or renewal of a license authorizing the sale of alcoholic | 13 | | liquor within premises and at an outdoor patio or sidewalk | 14 | | cafe, or both, attached to premises that are located in a | 15 | | municipality with a population in excess of 1,000,000 | 16 | | inhabitants and that are within 100 feet of a hospital if: | 17 | | (1) the primary business of the restaurant consists of | 18 | | the sale of food where the sale of liquor is incidental to | 19 | | the sale of food; | 20 | | (2) as a restaurant, the premises may or may not offer | 21 | | catering as an incidental part of food service; | 22 | | (3) the primary business of the restaurant is | 23 | | conducted in space owned by a hospital or an entity owned | 24 | | or controlled by, under common control with, or that | 25 | | controls a hospital, and the chief hospital administrator | 26 | | has expressed his or her support for the issuance of the |
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| 1 | | license in writing; and | 2 | | (4) the hospital is an adult acute care facility | 3 | | primarily located within the City of Chicago Institutional | 4 | | Planned Development Number 3. | 5 | | (nn) Notwithstanding any provision of this Section to the | 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 | 9 | | with a population in excess of 1,000,000 inhabitants and | 10 | | within 100 feet of a church if: | 11 | | (1) the sale of alcoholic liquor is not the principal | 12 | | business carried out on the premises; | 13 | | (2) the sale of alcoholic liquor at the premises is | 14 | | incidental to the operation of a theater; | 15 | | (3) the premises are a building that was constructed | 16 | | in 1913 and opened on May 24, 1915 as a vaudeville theater, | 17 | | and the premises were converted to a motion picture | 18 | | theater in 1935; | 19 | | (4) the church was constructed in 1889 with a stone | 20 | | exterior; | 21 | | (5) the primary entrance of the premises and the | 22 | | primary entrance of the church are at least 100 feet | 23 | | apart; | 24 | | (6) the principal religious leader at the place of | 25 | | worship has indicated his or her consent to the issuance | 26 | | of the license in writing; and |
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| 1 | | (7) the alderman in whose ward the premises are | 2 | | located has expressed his or her support for the issuance | 3 | | of the license in writing. | 4 | | (oo) Notwithstanding any provision of this Section to the | 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 | 8 | | with a population in excess of 1,000,000 inhabitants and | 9 | | within 100 feet of a mosque, church, or other place of worship | 10 | | if: | 11 | | (1) the primary entrance of the premises and the | 12 | | primary entrance of the mosque, church, or other place of | 13 | | worship are perpendicular and are on different streets; | 14 | | (2) the primary entrance to the premises faces West | 15 | | and the primary entrance to the mosque, church, or other | 16 | | place of worship faces South; | 17 | | (3) the distance between the 2 primary entrances is at | 18 | | least 100 feet; | 19 | | (4) the mosque, church, or other place of worship was | 20 | | established in a location within 100 feet of the premises | 21 | | after a license for the sale of alcohol at the premises was | 22 | | first issued; | 23 | | (5) the mosque, church, or other place of worship was | 24 | | established on or around January 1, 2011; | 25 | | (6) a license for the sale of alcohol at the premises | 26 | | was first issued on or before January 1, 1985; |
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| 1 | | (7) a license for the sale of alcohol at the premises | 2 | | has been continuously in effect since January 1, 1985, | 3 | | except for interruptions between licenses of no more than | 4 | | 90 days; and | 5 | | (8) the premises are a single-story, single-use | 6 | | building of at least 3,000 square feet and no more than | 7 | | 3,380 square feet. | 8 | | (pp) Notwithstanding any provision of this Section to the | 9 | | contrary, nothing in this Section shall prohibit the issuance | 10 | | or renewal of a license authorizing the sale of alcoholic | 11 | | liquor incidental to the sale of food within a restaurant or | 12 | | banquet facility established on premises that are located in a | 13 | | municipality with a population in excess of 1,000,000 | 14 | | inhabitants and within 100 feet of at least one church if: | 15 | | (1) the sale of liquor shall not be the principal | 16 | | business carried on by the licensee at the premises; | 17 | | (2) the premises are at least 2,000 square feet and no | 18 | | more than 10,000 square feet and is located in a | 19 | | single-story building; | 20 | | (3) the property on which the premises are located is | 21 | | within an area that, as of 2009, was designated as a | 22 | | Renewal Community by the United States Department of | 23 | | Housing and Urban Development; | 24 | | (4) the property on which the premises are located and | 25 | | the properties on which the churches are located are on | 26 | | the same street; |
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| 1 | | (5) the property on which the premises are located is | 2 | | immediately adjacent to and east of the property on which | 3 | | at least one of the churches is located; | 4 | | (6) the property on which the premises are located is | 5 | | across the street and southwest of the property on which | 6 | | another church is located; | 7 | | (7) the principal religious leaders of the churches | 8 | | have indicated their support for the issuance of the | 9 | | license in writing; and | 10 | | (8) the alderman in whose ward the premises are | 11 | | located has expressed his or her support for the issuance | 12 | | of the license in writing. | 13 | | For purposes of this subsection (pp), "banquet facility" | 14 | | means the part of the building that caters to private parties | 15 | | and where the sale of alcoholic liquors is not the principal | 16 | | business. | 17 | | (qq) Notwithstanding any provision of 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 on premises that are located within a municipality with | 21 | | a population in excess of 1,000,000 inhabitants and within 100 | 22 | | feet of a church or school if: | 23 | | (1) the primary entrance of the premises and the | 24 | | closest entrance of the church or school are at least 200 | 25 | | feet apart and no greater than 300 feet apart; | 26 | | (2) the shortest distance between the premises and the |
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| 1 | | church or school is at least 66 feet apart and no greater | 2 | | than 81 feet apart; | 3 | | (3) the premises are a single-story, steel-framed | 4 | | commercial building with at least 18,042 square feet, and | 5 | | was constructed in 1925 and 1997; | 6 | | (4) the owner of the business operated within the | 7 | | premises has been the general manager of a similar | 8 | | supermarket within one mile from the premises, which has | 9 | | had a valid license authorizing the sale of alcoholic | 10 | | liquor since 2002, and is in good standing with the City of | 11 | | Chicago; | 12 | | (5) the principal religious leader at the place of | 13 | | worship has indicated his or her support to the issuance | 14 | | or renewal of the license in writing; | 15 | | (6) the alderman of the ward has indicated his or her | 16 | | support to the issuance or renewal of the license in | 17 | | writing; and | 18 | | (7) the principal of the school has indicated his or | 19 | | her support to the issuance or renewal of the license in | 20 | | writing. | 21 | | (rr) Notwithstanding any provision of this Section to the | 22 | | contrary, nothing in this Section shall prohibit the issuance | 23 | | or renewal of a license authorizing the sale of alcoholic | 24 | | liquor at premises located within a municipality with a | 25 | | population in excess of 1,000,000 inhabitants and within 100 | 26 | | feet of a club that leases space to a school if: |
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| 1 | | (1) the sale of alcoholic liquor is not the principal | 2 | | business carried out on the premises; | 3 | | (2) the sale of alcoholic liquor at the premises is | 4 | | incidental to the operation of a grocery store; | 5 | | (3) the premises are a building of approximately 1,750 | 6 | | square feet and is rented by the owners of the grocery | 7 | | store from a family member; | 8 | | (4) the property line of the premises is approximately | 9 | | 68 feet from the property line of the club; | 10 | | (5) the primary entrance of the premises and the | 11 | | primary entrance of the club where the school leases space | 12 | | are at least 100 feet apart; | 13 | | (6) the director of the club renting space to the | 14 | | school has indicated his or her consent to the issuance of | 15 | | the license in writing; and | 16 | | (7) the alderman in whose district the premises are | 17 | | located has expressed his or her support for the issuance | 18 | | of the license in writing. | 19 | | (ss) Notwithstanding any provision of this Section to the | 20 | | contrary, nothing in this Section shall prohibit the issuance | 21 | | or renewal of a license authorizing the sale of alcoholic | 22 | | liquor at premises located within a municipality with a | 23 | | population in excess of 1,000,000 inhabitants and within 100 | 24 | | feet of a church if: | 25 | | (1) the premises are located within a 15 unit building | 26 | | with 13 residential apartments and 2 commercial spaces, |
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| 1 | | and the licensee will occupy both commercial spaces; | 2 | | (2) a restaurant has been operated on the premises | 3 | | since June 2011; | 4 | | (3) the restaurant currently occupies 1,075 square | 5 | | feet, but will be expanding to include 975 additional | 6 | | square feet; | 7 | | (4) the sale of alcoholic liquor is not the principal | 8 | | business carried on by the licensee at the premises; | 9 | | (5) the premises are located south of the church and | 10 | | on the same street and are separated by a one-way | 11 | | westbound street; | 12 | | (6) the primary entrance of the premises is at least | 13 | | 93 feet from the primary entrance of the church; | 14 | | (7) the shortest distance between any part of the | 15 | | premises and any part of the church is at least 72 feet; | 16 | | (8) the building in which the restaurant is located | 17 | | was built in 1910; | 18 | | (9) the alderman of the ward in which the premises are | 19 | | located has expressed, in writing, his or her support for | 20 | | the issuance of the license; and | 21 | | (10) the principal religious leader of the church has | 22 | | delivered a written statement that he or she does not | 23 | | object to the issuance of a license under this subsection | 24 | | (ss). | 25 | | (tt) Notwithstanding any provision of this Section to the | 26 | | contrary, nothing in this Section shall prohibit the issuance |
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| 1 | | or renewal of a license authorizing the sale of alcoholic | 2 | | liquor at premises located within a municipality with a | 3 | | population in excess of 1,000,000 inhabitants and within 100 | 4 | | feet of a church if: | 5 | | (1) the sale of alcoholic liquor is not the principal | 6 | | business carried on by the licensee at the premises; | 7 | | (2) the sale of alcoholic liquor is incidental to the | 8 | | sale of food; | 9 | | (3) the sale of alcoholic liquor at the premises was | 10 | | previously authorized by a package goods liquor license; | 11 | | (4) the premises are at least 40,000 square feet with | 12 | | 25 parking spaces in the contiguous surface lot to the | 13 | | north of the store and 93 parking spaces on the roof; | 14 | | (5) the shortest distance between the lot line of the | 15 | | parking lot of the premises and the exterior wall of the | 16 | | church is at least 80 feet; | 17 | | (6) the distance between the building in which the | 18 | | church is located and the building in which the premises | 19 | | are located is at least 180 feet; | 20 | | (7) the main entrance to the church faces west and is | 21 | | at least 257 feet from the main entrance of the premises; | 22 | | and | 23 | | (8) the applicant is the owner of 10 similar grocery | 24 | | stores within the City of Chicago and the surrounding area | 25 | | and has been in business for more than 30 years. | 26 | | (uu) Notwithstanding any provision of this Section to the |
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| 1 | | contrary, nothing in this Section shall prohibit the issuance | 2 | | or renewal of a license authorizing the sale of alcoholic | 3 | | liquor at premises located within a municipality with a | 4 | | population in excess of 1,000,000 inhabitants and within 100 | 5 | | feet of a church if: | 6 | | (1) the sale of alcoholic liquor is not the principal | 7 | | business carried on by the licensee at the premises; | 8 | | (2) the sale of alcoholic liquor is incidental to the | 9 | | operation of a grocery store; | 10 | | (3) the premises are located in a building that is | 11 | | approximately 68,000 square feet with 157 parking spaces | 12 | | on property that was previously vacant land; | 13 | | (4) the main entrance to the church faces west and is | 14 | | at least 500 feet from the entrance of the premises, which | 15 | | faces north; | 16 | | (5) the church and the premises are separated by an | 17 | | alley; | 18 | | (6) the applicant is the owner of 9 similar grocery | 19 | | stores in the City of Chicago and the surrounding area and | 20 | | has been in business for more than 40 years; and | 21 | | (7) the alderman of the ward in which the premises are | 22 | | located has expressed, in writing, his or her support for | 23 | | the issuance of the license. | 24 | | (vv) Notwithstanding any provision of this Section to the | 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 at premises located within a municipality with a | 2 | | population in excess of 1,000,000 inhabitants and within 100 | 3 | | feet of a church if: | 4 | | (1) the sale of alcoholic liquor is the principal | 5 | | business carried on by the licensee at the premises; | 6 | | (2) the sale of alcoholic liquor is primary to the | 7 | | sale of food; | 8 | | (3) the premises are located south of the church and | 9 | | on perpendicular streets and are separated by a driveway; | 10 | | (4) the primary entrance of the premises is at least | 11 | | 100 feet from the primary entrance of the church; | 12 | | (5) the shortest distance between any part of the | 13 | | premises and any part of the church is at least 15 feet; | 14 | | (6) the premises are less than 100 feet from the | 15 | | church center, but greater than 100 feet from the area | 16 | | within the building where church services are held; | 17 | | (7) the premises are 25,830 square feet and sit on a | 18 | | lot that is 0.48 acres; | 19 | | (8) the premises were once designated as a Korean | 20 | | American Presbyterian Church and were once used as a | 21 | | Masonic Temple; | 22 | | (9) the premises were built in 1910; | 23 | | (10) the alderman of the ward in which the premises | 24 | | are located has expressed, in writing, his or her support | 25 | | for the issuance of the license; and | 26 | | (11) the principal religious leader of the church has |
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| 1 | | delivered a written statement that he or she does not | 2 | | object to the issuance of a license under this subsection | 3 | | (vv). | 4 | | For the purposes of this subsection (vv), "premises" means | 5 | | a place of business together with a privately owned outdoor | 6 | | location that is adjacent to the place of business.
| 7 | | (ww) 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 premises located within a municipality with a
| 11 | | population in excess of 1,000,000 inhabitants and within 100
| 12 | | feet of a school if: | 13 | | (1) the school is located within Sub Area III of City | 14 | | of Chicago Residential-Business Planned Development Number | 15 | | 523, as amended; and | 16 | | (2) the premises are located within Sub Area I, Sub | 17 | | Area II, or Sub Area IV of City of Chicago | 18 | | Residential-Business Planned Development Number 523, as | 19 | | amended. | 20 | | (xx) Notwithstanding any provision of this Section to the | 21 | | contrary, nothing in this Section shall prohibit the issuance | 22 | | or renewal of a license authorizing the sale of alcoholic | 23 | | liquor at premises located within a municipality with a | 24 | | population in excess of 1,000,000 inhabitants and within 100 | 25 | | feet of a church if: | 26 | | (1) the sale of wine or wine-related products is the |
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| 1 | | exclusive business carried on by the licensee at the | 2 | | premises; | 3 | | (2) the primary entrance of the premises and the | 4 | | primary entrance of the church are at least 100 feet apart | 5 | | and are located on different streets; | 6 | | (3) the building in which the premises are located and | 7 | | the building in which the church is located are separated | 8 | | by an alley; | 9 | | (4) the premises consists of less than 2,000 square | 10 | | feet of floor area dedicated to the sale of wine or | 11 | | wine-related products; | 12 | | (5) the premises are located on the first floor of a | 13 | | 2-story building that is at least 99 years old and has a | 14 | | residential unit on the second floor; and | 15 | | (6) the principal religious leader at the church has | 16 | | indicated his or her support for the issuance or renewal | 17 | | of the license in writing. | 18 | | (yy) Notwithstanding any provision of this Section to the | 19 | | contrary, nothing in this Section shall prohibit the issuance | 20 | | or renewal of a license authorizing the sale of alcoholic | 21 | | liquor at premises located within a municipality with a | 22 | | population in excess of 1,000,000 inhabitants and within 100 | 23 | | feet of a church if: | 24 | | (1) the premises are a 27-story hotel containing 191 | 25 | | guest rooms; | 26 | | (2) the sale of alcoholic liquor is not the principal |
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| 1 | | business carried on by the licensee at the premises and is | 2 | | limited to a restaurant located on the first floor of the | 3 | | hotel; | 4 | | (3) the hotel is adjacent to the church; | 5 | | (4) the site is zoned as DX-16; | 6 | | (5) the principal religious leader of the church has | 7 | | delivered a written statement that he or she does not | 8 | | object to the issuance of a license under this subsection | 9 | | (yy); and | 10 | | (6) the alderman of the ward in which the premises are | 11 | | located has expressed, in writing, his or her support for | 12 | | the issuance of the license. | 13 | | (zz) Notwithstanding any provision of this Section to the | 14 | | contrary, nothing in this Section shall prohibit the issuance | 15 | | or renewal of a license authorizing the sale of alcoholic | 16 | | liquor at premises located within a municipality with a | 17 | | population in excess of 1,000,000 inhabitants and within 100 | 18 | | feet of a church if: | 19 | | (1) the premises are a 15-story hotel containing 143 | 20 | | guest rooms; | 21 | | (2) the premises are approximately 85,691 square feet; | 22 | | (3) a restaurant is operated on the premises; | 23 | | (4) the restaurant is located in the first floor lobby | 24 | | of the hotel; | 25 | | (5) the sale of alcoholic liquor is not the principal | 26 | | business carried on by the licensee at the premises; |
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| 1 | | (6) the hotel is located approximately 50 feet from | 2 | | the church and is separated from the church by a public | 3 | | street on the ground level and by air space on the upper | 4 | | level, which is where the public entrances are located; | 5 | | (7) the site is zoned as DX-16; | 6 | | (8) the principal religious leader of the church has | 7 | | delivered a written statement that he or she does not | 8 | | object to the issuance of a license under this subsection | 9 | | (zz); and | 10 | | (9) the alderman of the ward in which the premises are | 11 | | located has expressed, in writing, his or her support for | 12 | | the issuance of the license. | 13 | | (aaa) Notwithstanding any provision in this Section to the | 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 full-service grocery store at premises located | 17 | | within a municipality with a population in excess of 1,000,000 | 18 | | inhabitants and within 100 feet of a school if: | 19 | | (1) the sale of alcoholic liquor is not the primary | 20 | | business activity of the grocery store; | 21 | | (2) the premises are newly constructed on land that | 22 | | was formerly used by the Young Men's Christian | 23 | | Association; | 24 | | (3) the grocery store is located within a planned | 25 | | development that was approved by the municipality in 2007; | 26 | | (4) the premises are located in a multi-building, |
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| 1 | | mixed-use complex; | 2 | | (5) the entrance to the grocery store is located more | 3 | | than 200 feet from the entrance to the school; | 4 | | (6) the entrance to the grocery store is located | 5 | | across the street from the back of the school building, | 6 | | which is not used for student or public access; | 7 | | (7) the grocery store executed a binding lease for the | 8 | | property in 2008; | 9 | | (8) the premises consist of 2 levels and occupy more | 10 | | than 80,000 square feet; | 11 | | (9) the owner and operator of the grocery store | 12 | | operates at least 10 other grocery stores that have | 13 | | alcoholic liquor licenses within the same municipality; | 14 | | and | 15 | | (10) the director of the school has expressed, in | 16 | | writing, his or her support for the issuance of the | 17 | | license. | 18 | | (bbb) Notwithstanding any provision of this Section to the | 19 | | contrary, nothing in this Section shall prohibit the issuance | 20 | | or renewal of a license authorizing the sale of alcoholic | 21 | | liquor at premises located within a municipality with a | 22 | | population in excess of 1,000,000 inhabitants and within 100 | 23 | | feet of a church if: | 24 | | (1) the sale of alcoholic liquor at the premises is | 25 | | incidental to the sale of food; | 26 | | (2) the premises are located in a single-story |
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| 1 | | building of primarily brick construction containing at | 2 | | least 6 commercial units constructed before 1940; | 3 | | (3) the premises are located in a B3-2 zoning | 4 | | district; | 5 | | (4) the premises are less than 4,000 square feet; | 6 | | (5) the church established its congregation in 1891 | 7 | | and completed construction of the church building in 1990; | 8 | | (6) the premises are located south of the church; | 9 | | (7) the premises and church are located on the same | 10 | | street and are separated by a one-way westbound street; | 11 | | and | 12 | | (8) the principal religious leader of the church has | 13 | | not indicated his or her opposition to the issuance or | 14 | | renewal of the license in writing. | 15 | | (ccc) Notwithstanding any provision of this Section to the | 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 full-service grocery store at premises located | 19 | | within a municipality with a population in excess of 1,000,000 | 20 | | inhabitants and within 100 feet of a church and school if: | 21 | | (1) as of March 14, 2007, the premises are located in a | 22 | | City of Chicago Residential-Business Planned Development | 23 | | No. 1052; | 24 | | (2) the sale of alcoholic liquor is not the principal | 25 | | business carried on by the licensee at the premises; | 26 | | (3) the sale of alcoholic liquor is incidental to the |
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| 1 | | operation of a grocery store and comprises no more than | 2 | | 10% of the total in-store sales; | 3 | | (4) the owner and operator of the grocery store | 4 | | operates at least 10 other grocery stores that have | 5 | | alcoholic liquor licenses within the same municipality; | 6 | | (5) the premises are new construction when the license | 7 | | is first issued; | 8 | | (6) the constructed premises are to be no less than | 9 | | 50,000 square feet; | 10 | | (7) the school is a private church-affiliated school; | 11 | | (8) the premises and the property containing the | 12 | | church and church-affiliated school are located on | 13 | | perpendicular streets and the school and church are | 14 | | adjacent to one another; | 15 | | (9) the pastor of the church and school has expressed, | 16 | | in writing, support for the issuance of the license; and | 17 | | (10) the alderman of the ward in which the premises | 18 | | are located has expressed, in writing, his or her support | 19 | | for the issuance of the license. | 20 | | (ddd) Notwithstanding any provision of this Section to the | 21 | | contrary, nothing in this Section shall prohibit the issuance | 22 | | or renewal of a license authorizing the sale of alcoholic | 23 | | liquor at premises located within a municipality with a | 24 | | population in excess of 1,000,000 inhabitants and within 100 | 25 | | feet of a church or school if: | 26 | | (1) the business has been issued a license from the |
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| 1 | | municipality to allow the business to operate a theater on | 2 | | the premises; | 3 | | (2) the theater has less than 200 seats; | 4 | | (3) the premises are approximately 2,700 to 3,100 | 5 | | square feet of space; | 6 | | (4) the premises are located to the north of the | 7 | | church; | 8 | | (5) the primary entrance of the premises and the | 9 | | primary entrance of any church within 100 feet of the | 10 | | premises are located either on a different street or | 11 | | across a right-of-way from the premises; | 12 | | (6) the primary entrance of the premises and the | 13 | | primary entrance of any school within 100 feet of the | 14 | | premises are located either on a different street or | 15 | | across a right-of-way from the premises; | 16 | | (7) the premises are located in a building that is at | 17 | | least 100 years old; and | 18 | | (8) any church or school located within 100 feet of | 19 | | the premises has indicated its support for the issuance or | 20 | | renewal of the license to the premises in writing. | 21 | | (eee) Notwithstanding any provision of this Section to the | 22 | | contrary, nothing in this Section shall prohibit the issuance | 23 | | or renewal of a license authorizing the sale of alcoholic | 24 | | liquor at premises located within a municipality with a | 25 | | population in excess of 1,000,000 inhabitants and within 100 | 26 | | feet of a church and school if: |
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| 1 | | (1) the sale of alcoholic liquor is incidental to the | 2 | | sale of food; | 3 | | (2) the sale of alcoholic liquor is not the principal | 4 | | business carried on by the applicant on the premises; | 5 | | (3) a family-owned restaurant has operated on the | 6 | | premises since 1957; | 7 | | (4) the premises occupy the first floor of a 3-story | 8 | | building that is at least 90 years old; | 9 | | (5) the distance between the property line of the | 10 | | premises and the property line of the church is at least 20 | 11 | | feet; | 12 | | (6) the church was established at its current location | 13 | | and the present structure was erected before 1900; | 14 | | (7) the primary entrance of the premises is at least | 15 | | 75 feet from the primary entrance of the church; | 16 | | (8) the school is affiliated with the church; | 17 | | (9) the principal religious leader at the place of | 18 | | worship has indicated his or her support for the issuance | 19 | | of the license in writing; | 20 | | (10) the principal of the school has indicated in | 21 | | writing that he or she is not opposed to the issuance of | 22 | | the license; and | 23 | | (11) the alderman of the ward in which the premises | 24 | | are located has expressed, in writing, his or her lack of | 25 | | an objection to the issuance of the license. | 26 | | (fff) Notwithstanding any provision of this Section to the |
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| 1 | | contrary, nothing in this Section shall prohibit the issuance | 2 | | or renewal of a license authorizing the sale of alcoholic | 3 | | liquor at premises located within a municipality with a | 4 | | population in excess of 1,000,000 inhabitants and within 100 | 5 | | feet of a church if: | 6 | | (1) the sale of alcoholic liquor is not the principal | 7 | | business carried on by the licensee at the premises; | 8 | | (2) the sale of alcoholic liquor at the premises is | 9 | | incidental to the operation of a grocery store; | 10 | | (3) the premises are a one-story building containing | 11 | | approximately 10,000 square feet and are rented by the | 12 | | owners of the grocery store; | 13 | | (4) the sale of alcoholic liquor at the premises | 14 | | occurs in a retail area of the grocery store that is | 15 | | approximately 3,500 square feet; | 16 | | (5) the grocery store has operated at the location | 17 | | since 1984; | 18 | | (6) the grocery store is closed on Sundays; | 19 | | (7) the property on which the premises are located is | 20 | | a corner lot that is bound by 3 streets and an alley, where | 21 | | one street is a one-way street that runs north-south, one | 22 | | street runs east-west, and one street runs | 23 | | northwest-southeast; | 24 | | (8) the property line of the premises is approximately | 25 | | 16 feet from the property line of the building where the | 26 | | church is located; |
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| 1 | | (9) the premises are separated from the building | 2 | | containing the church by a public alley; | 3 | | (10) the primary entrance of the premises and the | 4 | | primary entrance of the church are at least 100 feet | 5 | | apart; | 6 | | (11) representatives of the church have delivered a | 7 | | written statement that the church does not object to the | 8 | | issuance of a license under this subsection (fff); and | 9 | | (12) the alderman of the ward in which the grocery | 10 | | store is located has expressed, in writing, his or her | 11 | | support for the issuance of the license. | 12 | | (ggg) Notwithstanding any provision of this Section to the | 13 | | contrary, nothing in this Section shall prohibit the issuance | 14 | | or renewal of licenses authorizing the sale of alcoholic | 15 | | liquor within a restaurant or lobby coffee house at premises | 16 | | located within a municipality with a population in excess of | 17 | | 1,000,000 inhabitants and within 100 feet of a church and | 18 | | school if: | 19 | | (1) a residential retirement home formerly operated on | 20 | | the premises and the premises are being converted into a | 21 | | new apartment living complex containing studio and | 22 | | one-bedroom apartments with ground floor retail space; | 23 | | (2) the restaurant and lobby coffee house are located | 24 | | within a Community Shopping District within the | 25 | | municipality; | 26 | | (3) the premises are located in a single-building, |
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| 1 | | mixed-use complex that, in addition to the restaurant and | 2 | | lobby coffee house, contains apartment residences, a | 3 | | fitness center for the residents of the apartment | 4 | | building, a lobby designed as a social center for the | 5 | | residents, a rooftop deck, and a patio with a dog run for | 6 | | the exclusive use of the residents; | 7 | | (4) the sale of alcoholic liquor is not the primary | 8 | | business activity of the apartment complex, restaurant, or | 9 | | lobby coffee house; | 10 | | (5) the entrance to the apartment residence is more | 11 | | than 310 feet from the entrance to the school and church; | 12 | | (6) the entrance to the apartment residence is located | 13 | | at the end of the block around the corner from the south | 14 | | side of the school building; | 15 | | (7) the school is affiliated with the church; | 16 | | (8) the pastor of the parish, principal of the school, | 17 | | and the titleholder to the church and school have given | 18 | | written consent to the issuance of the license; | 19 | | (9) the alderman of the ward in which the premises are | 20 | | located has given written consent to the issuance of the | 21 | | license; and | 22 | | (10) the neighborhood block club has given written | 23 | | consent to the issuance of the license. | 24 | | (hhh) Notwithstanding any provision of this Section to
the | 25 | | contrary, nothing in this Section shall prohibit the
issuance | 26 | | or renewal of a license to sell alcoholic liquor at
premises |
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| 1 | | located within a municipality with a population
in excess of | 2 | | 1,000,000 inhabitants and within 100 feet of a home for | 3 | | indigent persons or a church if: | 4 | | (1) a restaurant operates on the premises and has
been | 5 | | in operation since January of 2014; | 6 | | (2) the sale of alcoholic liquor is incidental to the | 7 | | sale of food; | 8 | | (3) the sale of alcoholic liquor is not the principal | 9 | | business carried on by the licensee on the premises; | 10 | | (4) the premises occupy the first floor of a 3-story
| 11 | | building that is at least 100 years old; | 12 | | (5) the primary entrance to the premises is more than | 13 | | 100 feet from the primary entrance to the home for | 14 | | indigent persons, which opened in 1989 and is operated to | 15 | | address homelessness and provide shelter; | 16 | | (6) the primary entrance to the premises and the | 17 | | primary entrance to the home for indigent persons are | 18 | | located on different streets; | 19 | | (7) the executive director of the home for indigent | 20 | | persons has given written consent to the issuance of the | 21 | | license; | 22 | | (8) the entrance to the premises is located within 100 | 23 | | feet of a Buddhist temple; | 24 | | (9) the entrance to the premises is more than 100 feet | 25 | | from where any worship or educational programming is | 26 | | conducted by the Buddhist temple and is located in an area |
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| 1 | | used only for other purposes; and | 2 | | (10) the president and the board of directors of the | 3 | | Buddhist temple have given written consent to the issuance | 4 | | of the license. | 5 | | (iii) Notwithstanding any provision of this Section to the | 6 | | contrary, nothing in this Section shall prohibit the issuance | 7 | | or renewal of a license authorizing the sale of alcoholic | 8 | | liquor at premises located within a municipality in excess of | 9 | | 1,000,000 inhabitants and within 100 feet of a home for the | 10 | | aged if: | 11 | | (1) the sale of alcoholic liquor is not the principal | 12 | | business carried on by the licensee on the premises; | 13 | | (2) the sale of alcoholic liquor at the premises is | 14 | | incidental to the operation of a restaurant; | 15 | | (3) the premises are on the ground floor of a | 16 | | multi-floor, university-affiliated housing facility; | 17 | | (4) the premises occupy 1,916 square feet of space, | 18 | | with the total square footage from which liquor will be | 19 | | sold, served, and consumed to be 900 square feet; | 20 | | (5) the premises are separated from the home for the | 21 | | aged by an alley; | 22 | | (6) the primary entrance to the premises and the | 23 | | primary entrance to the home for the aged are at least 500 | 24 | | feet apart and located on different streets; | 25 | | (7) representatives of the home for the aged have | 26 | | expressed, in writing, that the home does not object to |
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| 1 | | the issuance of a license under this subsection; and | 2 | | (8) the alderman of the ward in which the restaurant | 3 | | is located has expressed, in writing, his or her support | 4 | | for the issuance of the license. | 5 | | (jjj) Notwithstanding any provision of this Section to the | 6 | | contrary, nothing in this Section shall prohibit the issuance | 7 | | or renewal of a license authorizing the sale of alcoholic | 8 | | liquor at premises located within a municipality with a | 9 | | population in excess of 1,000,000 inhabitants and within 100 | 10 | | feet of a school if: | 11 | | (1) as of January 1, 2016, the premises were used for | 12 | | the sale of alcoholic liquor for consumption on the | 13 | | premises and were authorized to do so pursuant to a retail | 14 | | tavern license held by an individual as the sole | 15 | | proprietor of the premises; | 16 | | (2) the primary entrance to the school and the primary | 17 | | entrance to the premises are on the same street; | 18 | | (3) the school was founded in 1949; | 19 | | (4) the building in which the premises are situated | 20 | | was constructed before 1930; | 21 | | (5) the building in which the premises are situated is | 22 | | immediately across the street from the school; and | 23 | | (6) the school has not indicated its opposition to the | 24 | | issuance or renewal of the license in writing. | 25 | | (kkk) (Blank). | 26 | | (lll) Notwithstanding any provision of this Section to the |
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| 1 | | contrary, nothing in this Section shall prohibit the issuance | 2 | | or renewal of a license authorizing the sale of alcoholic | 3 | | liquor at premises located within a municipality with a | 4 | | population in excess of 1,000,000 inhabitants and within 100 | 5 | | feet of a synagogue or school if: | 6 | | (1) the sale of alcoholic liquor at the premises is | 7 | | incidental to the sale of food; | 8 | | (2) the sale of alcoholic liquor is not the principal | 9 | | business carried on by the licensee at the premises; | 10 | | (3) the premises are located on the same street on | 11 | | which the synagogue or school is located; | 12 | | (4) the primary entrance to the premises and the | 13 | | closest entrance to the synagogue or school is at least | 14 | | 100 feet apart; | 15 | | (5) the shortest distance between the premises and the | 16 | | synagogue or school is at least 65 feet apart and no | 17 | | greater than 70 feet apart; | 18 | | (6) the premises are between 1,800 and 2,000 square | 19 | | feet; | 20 | | (7) the synagogue was founded in 1861; and | 21 | | (8) the leader of the synagogue has indicated, in | 22 | | writing, the synagogue's support for the issuance or | 23 | | renewal of the license. | 24 | | (mmm) Notwithstanding any provision of this Section to the | 25 | | contrary, nothing in this Section shall prohibit the issuance | 26 | | or renewal of licenses authorizing the sale of alcoholic |
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| 1 | | liquor within a restaurant or lobby coffee house at premises | 2 | | located within a municipality with a population in excess of | 3 | | 1,000,000 inhabitants and within 100 feet of a church if: | 4 | | (1) the sale of alcoholic liquor is not the principal | 5 | | business carried on by the licensee at the premises; | 6 | | (2) the sale of alcoholic liquor at the premises is | 7 | | incidental to the sale of food in a restaurant; | 8 | | (3) the restaurant has been run by the same family for | 9 | | at least 19 consecutive years; | 10 | | (4) the premises are located in a 3-story building in | 11 | | the most easterly part of the first floor; | 12 | | (5) the building in which the premises are located has | 13 | | residential housing on the second and third floors; | 14 | | (6) the primary entrance to the premises is on a | 15 | | north-south street around the corner and across an alley | 16 | | from the primary entrance to the church, which is on an | 17 | | east-west street; | 18 | | (7) the primary entrance to the church and the primary | 19 | | entrance to the premises are more than 160 feet apart; and | 20 | | (8) the church has expressed, in writing, its support | 21 | | for the issuance of a license under this subsection. | 22 | | (nnn) Notwithstanding any provision of this Section to the | 23 | | contrary, nothing in this Section shall prohibit the issuance | 24 | | or renewal of licenses authorizing the sale of alcoholic | 25 | | liquor within a restaurant or lobby coffee house at premises | 26 | | located within a municipality with a population in excess of |
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| 1 | | 1,000,000 inhabitants and within 100 feet of a school and | 2 | | church or synagogue if: | 3 | | (1) the sale of alcoholic liquor is not the principal | 4 | | business carried on by the licensee at the premises; | 5 | | (2) the sale of alcoholic liquor at the premises is | 6 | | incidental to the sale of food in a restaurant; | 7 | | (3) the front door of the synagogue faces east on the | 8 | | next north-south street east of and parallel to the | 9 | | north-south street on which the restaurant is located | 10 | | where the restaurant's front door faces west; | 11 | | (4) the closest exterior pedestrian entrance that | 12 | | leads to the school or the synagogue is across an | 13 | | east-west street and at least 300 feet from the primary | 14 | | entrance to the restaurant; | 15 | | (5) the nearest church-related or school-related | 16 | | building is a community center building; | 17 | | (6) the restaurant is on the ground floor of a 3-story | 18 | | building constructed in 1896 with a brick facade; | 19 | | (7) the restaurant shares the ground floor with a | 20 | | theater, and the second and third floors of the building | 21 | | in which the restaurant is located consists of residential | 22 | | housing; | 23 | | (8) the leader of the synagogue and school has | 24 | | expressed, in writing, that the synagogue does not object | 25 | | to the issuance of a license under this subsection; and | 26 | | (9) the alderman of the ward in which the premises is |
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| 1 | | located has expressed, in writing, his or her support for | 2 | | the issuance of the license. | 3 | | (ooo) Notwithstanding any provision of this Section to the | 4 | | contrary, nothing in this Section shall prohibit the issuance | 5 | | or renewal of a license authorizing the sale of alcoholic | 6 | | liquor at premises located within a municipality with a | 7 | | population in excess of 2,000 but less than 5,000 inhabitants | 8 | | in a county with a population in excess of 3,000,000 and within | 9 | | 100 feet of a home for the aged if: | 10 | | (1) as of March 1, 2016, the premises were used to sell | 11 | | alcohol pursuant to a retail tavern and packaged goods | 12 | | license issued by the municipality and held by a limited | 13 | | liability company as the proprietor of the premises; | 14 | | (2) the home for the aged was completed in 2015; | 15 | | (3) the home for the aged is a 5-story structure; | 16 | | (4) the building in which the premises are situated is | 17 | | directly adjacent to the home for the aged; | 18 | | (5) the building in which the premises are situated | 19 | | was constructed before 1950; | 20 | | (6) the home for the aged has not indicated its | 21 | | opposition to the issuance or renewal of the license; and | 22 | | (7) the president of the municipality has expressed in | 23 | | writing that he or she does not object to the issuance or | 24 | | renewal of the license. | 25 | | (ppp) Notwithstanding any provision of this Section to the | 26 | | contrary, nothing in this Section shall prohibit the issuance |
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| 1 | | or renewal of a license authorizing the sale of alcoholic | 2 | | liquor at premises located within a municipality with a | 3 | | population in excess of 1,000,000 inhabitants and within 100 | 4 | | feet of a church or churches if: | 5 | | (1) the shortest distance between the premises and a | 6 | | church is at least 78 feet apart and no greater than 95 | 7 | | feet apart; | 8 | | (2) the premises are a single-story, brick commercial | 9 | | building and between 3,600 to 4,000 square feet and the | 10 | | original building was built before 1922; | 11 | | (3) the premises are located in a B3-2 zoning | 12 | | district; | 13 | | (4) the premises are separated from the buildings | 14 | | containing the churches by a street; | 15 | | (5) the previous owners of the business located on the | 16 | | premises held a liquor license for at least 10 years; | 17 | | (6) the new owner of the business located on the | 18 | | premises has managed 2 other food and liquor stores since | 19 | | 1997; | 20 | | (7) the principal religious leaders at the places of | 21 | | worship have indicated their support for the issuance or | 22 | | renewal of the license in writing; and | 23 | | (8) the alderman of the ward in which the premises are | 24 | | located has indicated his or her support for the issuance | 25 | | or renewal of the license in writing. | 26 | | (qqq) Notwithstanding any provision of this Section to the |
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| 1 | | contrary, nothing in this Section shall prohibit the issuance | 2 | | or renewal of a license authorizing the sale of alcoholic | 3 | | liquor at premises located within a municipality with a | 4 | | population in excess of 1,000,000 inhabitants and within 100 | 5 | | feet of a church if: | 6 | | (1) the sale of alcoholic liquor at the premises is | 7 | | incidental to the sale of food; | 8 | | (2) the sale of alcoholic liquor is not the principal | 9 | | business carried on by the licensee at the premises; | 10 | | (3) the premises are located on the opposite side of | 11 | | the same street on which the church is located; | 12 | | (4) the church is located on a corner lot; | 13 | | (5) the shortest distance between the premises and the | 14 | | church is at least 90 feet apart and no greater than 95 | 15 | | feet apart; | 16 | | (6) the premises are at least 3,000 but no more than | 17 | | 5,000 square feet; | 18 | | (7) the church's original chapel was built in 1858; | 19 | | (8) the church's first congregation was organized in | 20 | | 1860; and | 21 | | (9) the leaders of the church and the alderman of the | 22 | | ward in which the premises are located has expressed, in | 23 | | writing, their support for the issuance of the license. | 24 | | (rrr) Notwithstanding any provision of this Section to the | 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 at a restaurant or banquet facility established within | 2 | | premises located within a municipality with a population in | 3 | | excess of 1,000,000 inhabitants and within 100 feet of a | 4 | | church or school if: | 5 | | (1) the sale of alcoholic liquor at the premises is | 6 | | incidental to the sale of food; | 7 | | (2) the sale of alcoholic liquor is not the principal | 8 | | business carried on by the licensee at the premises; | 9 | | (3) the immediately prior owner or the operator of the | 10 | | restaurant or banquet facility held a valid retail license | 11 | | authorizing the sale of alcoholic liquor at the premises | 12 | | for at least part of the 24 months before a change of | 13 | | ownership; | 14 | | (4) the premises are located immediately east and | 15 | | across the street from an elementary school; | 16 | | (5) the premises and elementary school are part of an | 17 | | approximately 100-acre campus owned by the church; | 18 | | (6) the school opened in 1999 and was named after the | 19 | | founder of the church; and | 20 | | (7) the alderman of the ward in which the premises are | 21 | | located has expressed, in writing, his or her support for | 22 | | the issuance of the license. | 23 | | (sss) Notwithstanding any provision of this Section to the
| 24 | | contrary, nothing in this Section shall prohibit the issuance
| 25 | | or renewal of a license authorizing the sale of alcoholic
| 26 | | liquor at premises located within a municipality with a
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| 1 | | population in excess of 1,000,000 inhabitants and within 100
| 2 | | feet of a church or school if: | 3 | | (1) the premises are at least 5,300 square feet and
| 4 | | located in a building that was built prior to 1940; | 5 | | (2) the shortest distance between the property line of
| 6 | | the premises and the exterior wall of the building in | 7 | | which
the church is located is at least 109 feet; | 8 | | (3) the distance between the building in which the | 9 | | church is located and the building in which the premises
| 10 | | are located is at least 118 feet; | 11 | | (4) the main entrance to the church faces west and is
| 12 | | at least 602 feet from the main entrance of the premises; | 13 | | (5) the shortest distance between the property line of
| 14 | | the premises and the property line of the school is at
| 15 | | least 177 feet; | 16 | | (6) the applicant has been in business for more than | 17 | | 10
years; | 18 | | (7) the principal religious leader of the church has | 19 | | indicated his or her support for the issuance or
renewal | 20 | | of the license in writing; | 21 | | (8) the principal of the school has indicated in
| 22 | | writing that he or she is not opposed to the issuance of
| 23 | | the license; and | 24 | | (9) the alderman of the ward in which the premises are
| 25 | | located has expressed, in writing, his or her support for
| 26 | | the issuance of the license. |
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| 1 | | (ttt) 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 at premises located within a municipality with a
| 5 | | population in excess of 1,000,000 inhabitants and within 100
| 6 | | feet of a church or school if: | 7 | | (1) the premises are at least 59,000 square feet and
| 8 | | located in a building that was built prior to 1940; | 9 | | (2) the shortest distance between the west property
| 10 | | line of the premises and the exterior wall of the church is | 11 | | at least 99 feet; | 12 | | (3) the distance between the building in which the
| 13 | | church is located and the building in which the premises
| 14 | | are located is at least 102 feet; | 15 | | (4) the main entrance to the church faces west and is
| 16 | | at least 457 feet from the main entrance of the premises; | 17 | | (5) the shortest distance between the property line of
| 18 | | the premises and the property line of the school is at
| 19 | | least 66 feet; | 20 | | (6) the applicant has been in business for more than | 21 | | 10
years; | 22 | | (7) the principal religious leader of the church has | 23 | | indicated his or her support for the issuance or
renewal | 24 | | of the license in writing; | 25 | | (8) the principal of the school has indicated in
| 26 | | writing that he or she is not opposed to the issuance of
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| 1 | | the license; and | 2 | | (9) the alderman of the ward in which the premises are
| 3 | | located has expressed, in writing, his or her support for
| 4 | | the issuance of the license. | 5 | | (uuu) Notwithstanding any provision of this Section to the
| 6 | | contrary, nothing in this Section shall prohibit the issuance
| 7 | | or renewal of a license authorizing the sale of alcoholic
| 8 | | liquor at premises located within a municipality with a
| 9 | | population in excess of 1,000,000 inhabitants and within 100
| 10 | | feet of a place of worship if: | 11 | | (1) the sale of liquor is incidental to the sale of
| 12 | | food; | 13 | | (2) the premises are at least 7,100 square feet; | 14 | | (3) the shortest distance between the north property
| 15 | | line of the premises and the nearest exterior wall of the
| 16 | | place of worship is at least 86 feet; | 17 | | (4) the main entrance to the place of worship faces | 18 | | north and is more than 150 feet from the
main entrance of | 19 | | the premises; | 20 | | (5) the applicant has been in business for more than | 21 | | 20
years at the location; | 22 | | (6) the principal religious leader of the place of
| 23 | | worship has indicated his or her support for the issuance
| 24 | | or renewal of the license in writing; and | 25 | | (7) the alderman of the ward in which the premises are
| 26 | | located has expressed, in writing, his or her support for
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| 1 | | the issuance of the license. | 2 | | (vvv) 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 2 churches if: | 8 | | (1) as of January 1, 2015, the premises were used for | 9 | | the sale of alcoholic liquor for consumption on the | 10 | | premises and the sale was authorized pursuant to a retail | 11 | | tavern license held by an individual as the sole | 12 | | proprietor of the premises; | 13 | | (2) a primary entrance of the church situated to the | 14 | | south of the premises is located on a street running | 15 | | perpendicular to the street upon which a primary entrance | 16 | | of the premises is situated; | 17 | | (3) the church located to the south of the premises is | 18 | | a 3-story structure that was constructed in 2006; | 19 | | (4) a parking lot separates the premises from the | 20 | | church located to the south of the premises; | 21 | | (5) the building in which the premises are situated | 22 | | was constructed before 1930; | 23 | | (6) the building in which the premises are situated is | 24 | | a 2-story, mixed-use commercial and residential structure | 25 | | containing more than 20,000 total square feet and | 26 | | containing at least 7 residential units on the second |
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| 1 | | floor and 3 commercial units on the first floor; | 2 | | (7) the building in which the premises are situated is | 3 | | immediately adjacent to the church located to the north of | 4 | | the premises; | 5 | | (8) the primary entrance of the church located to the | 6 | | north of the premises and the primary entrance of the | 7 | | premises are located on the same street;
| 8 | | (9) the churches have not indicated their opposition | 9 | | to the issuance or renewal of the license in writing; and | 10 | | (10) the alderman of the ward in which the premises | 11 | | are
located has expressed, in writing, his or her support | 12 | | for
the issuance of the license. | 13 | | (www) Notwithstanding any provision of this Section to the | 14 | | contrary, nothing in this Section shall prohibit the issuance | 15 | | or renewal of licenses authorizing the sale of alcoholic | 16 | | liquor within a restaurant at premises located within a | 17 | | municipality with a population in excess of 1,000,000 | 18 | | inhabitants and within 100 feet of a school if: | 19 | | (1) the sale of alcoholic liquor is incidental to the | 20 | | sale of food and is not the principal business of the | 21 | | restaurant; | 22 | | (2) the building in which the restaurant is located | 23 | | was constructed in 1909 and is a 2-story structure; | 24 | | (3) the restaurant has been operating continuously | 25 | | since 1962, has been located at the existing premises | 26 | | since 1989, and has been owned and operated by the same |
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| 1 | | family, which also operates a deli in a building located | 2 | | immediately to the east and adjacent and connected to the | 3 | | restaurant; | 4 | | (4) the entrance to the restaurant is more than 200 | 5 | | feet from the entrance to the school; | 6 | | (5) the building in which the restaurant is located | 7 | | and the building in which the school is located are | 8 | | separated by a traffic-congested major street; | 9 | | (6) the building in which the restaurant is located | 10 | | faces a public park located to the east of the school, | 11 | | cannot be seen from the windows of the school, and is not | 12 | | directly across the street from the school; | 13 | | (7) the school building is located 2 blocks from a | 14 | | major private university; | 15 | | (8) the school is a public school that has | 16 | | pre-kindergarten through eighth grade classes, is an open | 17 | | enrollment school, and has a preschool program that has | 18 | | earned a Gold Circle of Quality award; | 19 | | (9) the local school council has given written consent | 20 | | for the issuance of the liquor license; and | 21 | | (10) the alderman of the ward in which the premises | 22 | | are located has given written consent for the issuance of | 23 | | the liquor license. | 24 | | (xxx) (Blank). | 25 | | (yyy) Notwithstanding any provision in this Section to the | 26 | | contrary, nothing in this Section shall prohibit the issuance |
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| 1 | | or renewal of a license authorizing the sale of alcoholic | 2 | | liquor at a store that is located within a municipality with a | 3 | | population in excess of 1,000,000 inhabitants and within 100 | 4 | | feet of a church if: | 5 | | (1) the premises are primarily used for the sale of | 6 | | alcoholic liquor; | 7 | | (2) on January 1, 2017, the store was authorized to | 8 | | sell alcoholic liquor pursuant to a package goods liquor | 9 | | license; | 10 | | (3) on January 1, 2017, the store occupied | 11 | | approximately 5,560 square feet and will be expanded to | 12 | | include 440 additional square feet for the purpose of | 13 | | storage; | 14 | | (4) the store was in existence before the church; | 15 | | (5) the building in which the store is located was | 16 | | built in 1956 and is immediately south of the church; | 17 | | (6) the store and church are separated by an east-west | 18 | | street; | 19 | | (7) the owner of the store received his first liquor | 20 | | license in 1986; | 21 | | (8) the church has not indicated its opposition to the | 22 | | issuance or renewal of the license in writing; and | 23 | | (9) the alderman of the ward in which the store is | 24 | | located has expressed his or her support for the issuance | 25 | | or renewal of the license. | 26 | | (zzz) Notwithstanding any provision of this Section to the |
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| 1 | | contrary, nothing in this Section shall prohibit the issuance | 2 | | or renewal of a license authorizing the sale of alcoholic | 3 | | liquor at premises located within a municipality with a | 4 | | population in excess of 1,000,000 inhabitants and within 100 | 5 | | feet of a church if: | 6 | | (1) the premises are approximately 2,800 square feet | 7 | | with east frontage on South Allport Street and north | 8 | | frontage on West 18th Street in the City of Chicago; | 9 | | (2) the shortest distance between the north property | 10 | | line of the premises and the nearest exterior wall of the | 11 | | church is 95 feet; | 12 | | (3) the main entrance to the church is on West 18th | 13 | | Street, faces south, and is more than 100 feet from the | 14 | | main entrance to the premises; | 15 | | (4) the sale of alcoholic liquor is incidental to the | 16 | | sale of food in a restaurant; | 17 | | (5) the principal religious leader of the church has | 18 | | not indicated his or her opposition to the issuance or | 19 | | renewal of the license in writing; and | 20 | | (6) the alderman of the ward in which the premises are | 21 | | located has indicated his or her support for the issuance | 22 | | or renewal of the license in writing. | 23 | | (aaaa) Notwithstanding any provision of this Section to | 24 | | the contrary, nothing in this Section shall prohibit the | 25 | | issuance or renewal of a license authorizing the sale of | 26 | | alcoholic liquor at premises located within a municipality |
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| 1 | | with a population in excess of 1,000,000 inhabitants and | 2 | | within 100 feet of a church if: | 3 | | (1) the shortest distance between the premises and the | 4 | | church is at least 65 feet apart and no greater than 70 | 5 | | feet apart; | 6 | | (2) the premises are located on the ground floor of a | 7 | | freestanding, 3-story building of brick construction with | 8 | | 2 stories of residential apartments above the premises; | 9 | | (3) the premises are approximately 2,557 square feet; | 10 | | (4) the premises and the church are located on | 11 | | opposite corners and are separated by sidewalks and a | 12 | | street; | 13 | | (5) the sale of alcohol is not the principal business | 14 | | carried on by the licensee at the premises; | 15 | | (6) the pastor of the church has not indicated his or | 16 | | her opposition to the issuance or renewal of the license | 17 | | in writing; and | 18 | | (7) the alderman of the ward in which the premises are | 19 | | located has not indicated his or her opposition to the | 20 | | issuance or renewal of the license in writing. | 21 | | (bbbb) Notwithstanding any other provision of this Section | 22 | | to the contrary, nothing in this Section shall prohibit the | 23 | | issuance or renewal of a license authorizing the sale of | 24 | | alcoholic liquor at premises or an outdoor location at the | 25 | | premises located within a municipality with a population in | 26 | | excess of 1,000,000 inhabitants and that are within 100 feet |
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| 1 | | of a church or school if: | 2 | | (1) the church was a Catholic cathedral on January 1, | 3 | | 2018; | 4 | | (2) the church has been in existence for at least 150 | 5 | | years; | 6 | | (3) the school is affiliated with the church; | 7 | | (4) the premises are bordered by State Street on the | 8 | | east, Superior Street on the south, Dearborn Street on the | 9 | | west, and Chicago Avenue on the north; | 10 | | (5) the premises are located within 2 miles of Lake | 11 | | Michigan and the Chicago River; | 12 | | (6) the premises are located in and adjacent to a | 13 | | building for which construction commenced after January 1, | 14 | | 2018; | 15 | | (7) the alderman who represents the district in which | 16 | | the premises are located has written a letter of support | 17 | | for the issuance of a license; and | 18 | | (8) the principal religious leader of the church and | 19 | | the principal of the school have both signed a letter of | 20 | | support for the issuance of a license. | 21 | | (cccc) Notwithstanding any other provision of this Section | 22 | | to the contrary, nothing in this Section shall prohibit the | 23 | | issuance or renewal of a license authorizing the sale of | 24 | | alcoholic liquor within a restaurant at premises located | 25 | | within a municipality with a population in excess of 1,000,000 | 26 | | inhabitants and within 100 feet of a school if: |
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| 1 | | (1) the sale of alcoholic liquor is incidental to the | 2 | | sale of food and is not the principal business of the | 3 | | restaurant; | 4 | | (2) the building in which the restaurant is located | 5 | | was constructed in 1912 and is a 3-story structure; | 6 | | (3) the restaurant has been in operation since 2015 | 7 | | and its entrance faces North Western Avenue; | 8 | | (4) the entrance to the school faces West Augusta | 9 | | Boulevard; | 10 | | (5) the entrance to the restaurant is more than 100 | 11 | | feet from the entrance to the school; | 12 | | (6) the school is a Catholic school affiliated with | 13 | | the nearby Catholic Parish church; | 14 | | (7) the building in which the restaurant is located | 15 | | and the building in which the school is located are | 16 | | separated by an alley; | 17 | | (8) the principal of the school has not indicated his | 18 | | or her opposition to the issuance or renewal of the | 19 | | license in writing; and | 20 | | (9) the alderman of the ward in which the restaurant | 21 | | is located has expressed his or her support for the | 22 | | issuance or renewal of the license. | 23 | | (dddd) Notwithstanding any provision of this Section to | 24 | | the contrary, nothing in this Section shall prohibit the | 25 | | issuance or renewal of a license authorizing the sale of | 26 | | alcoholic liquor at premises located within a municipality |
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| 1 | | with a population in excess of 1,000,000 inhabitants and | 2 | | within 100 feet of a school if: | 3 | | (1) the premises are approximately 6,250 square feet | 4 | | with south frontage on Bryn Mawr Avenue and north frontage | 5 | | on the alley 125 feet north of Bryn Mawr Avenue in the City | 6 | | of Chicago; | 7 | | (2) the shortest distance between the south property | 8 | | line of the premises and the nearest exterior wall of the | 9 | | school is 248 feet; | 10 | | (3) the main entrance to the school is on Christiana | 11 | | Avenue, faces east, and is more than 100 feet from the main | 12 | | entrance to the premises; | 13 | | (4) the sale of alcoholic liquor is incidental to the | 14 | | sale of food in a restaurant; | 15 | | (5) the principal of the school has not indicated his | 16 | | or her opposition to the issuance or
renewal of the | 17 | | license in writing; and | 18 | | (6) the alderman of the ward in which the premises are | 19 | | located has indicated his or her support for the issuance | 20 | | or renewal of the license in writing. | 21 | | (eeee) Notwithstanding any provision of this Section to | 22 | | the contrary, nothing in this Section shall prohibit the | 23 | | issuance or renewal of a license authorizing the sale of | 24 | | alcoholic liquor at premises located within a municipality | 25 | | with a population in excess of 1,000,000 inhabitants and | 26 | | within 100 feet of a school if: |
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| 1 | | (1) the premises are approximately 2,300 square feet | 2 | | with south frontage on 53rd Street in the City of Chicago | 3 | | and the eastern property line of the premises abuts a | 4 | | private alleyway; | 5 | | (2) the shortest distance between the south property | 6 | | line of the premises and the nearest exterior wall of the | 7 | | school is approximately 187 feet; | 8 | | (3) the main entrance to the school is on Cornell | 9 | | Avenue, faces west, and is more than 100 feet from the main | 10 | | entrance to the premises; | 11 | | (4) the sale of alcoholic liquor is incidental to the | 12 | | sale of food in a restaurant; | 13 | | (5) the principal of the school has not indicated his | 14 | | or her opposition to the issuance or
renewal of the | 15 | | license in writing; and | 16 | | (6) the alderman of the ward in which the premises are | 17 | | located has indicated his or her support for the issuance | 18 | | or renewal of the license in writing. | 19 | | (ffff) Notwithstanding any provision of this Section to | 20 | | the contrary, nothing in this Section shall prohibit the | 21 | | issuance or renewal of a license authorizing the sale of | 22 | | alcoholic liquor at premises located in Waukegan and within | 23 | | 100 feet of a school if: | 24 | | (1) the premises are located on the corner of North | 25 | | Ave and Franklin Street in Waukegan; | 26 | | (2) the premises are located less than 100 feet from |
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| 1 | | North Elementary School; and | 2 | | (3) the previous owner of the premises held a license | 3 | | authorizing the sale of alcoholic liquor at the premises. | 4 | | (Source: P.A. 100-36, eff. 8-4-17; 100-38, eff. 8-4-17; | 5 | | 100-201, eff. 8-18-17; 100-579, eff. 2-13-18; 100-663, eff. | 6 | | 8-2-18; 100-863, eff. 8-14-18; 100-1036, eff. 8-22-18; 101-81, | 7 | | eff. 7-12-19 .)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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