Full Text of HB0470 96th General Assembly
HB0470enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning liquor.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Section 6-11 as follows:
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| (235 ILCS 5/6-11) (from Ch. 43, par. 127)
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| Sec. 6-11. Sale near churches, schools, and hospitals.
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| (a) No license shall be issued for the sale at retail of | 9 |
| any
alcoholic liquor within 100 feet of any church, school | 10 |
| other than an
institution of higher learning, hospital, home | 11 |
| for aged or indigent
persons or for veterans, their spouses or | 12 |
| children or any military or
naval station, provided, that this | 13 |
| prohibition shall not apply to hotels
offering restaurant | 14 |
| service, regularly organized clubs, or to
restaurants, food | 15 |
| shops or other places where sale of alcoholic liquors
is not | 16 |
| the principal business carried on if the place of business so
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| exempted is not located in a municipality of more than 500,000 | 18 |
| persons,
unless required by local ordinance; nor to the renewal | 19 |
| of a license for the
sale at retail of alcoholic liquor on | 20 |
| premises within 100 feet of any church
or school where the | 21 |
| church or school has been established within such
100 feet | 22 |
| since the issuance of the original license. In the case of a
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| church, the distance of 100 feet shall be measured to the |
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| nearest part
of any building used for worship services or | 2 |
| educational programs and
not to property boundaries.
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| (b) Nothing in this Section shall prohibit the issuance of | 4 |
| a retail
license
authorizing the sale of alcoholic liquor to a | 5 |
| restaurant, the primary business
of which is the sale of goods | 6 |
| baked on the premises if (i) the restaurant is
newly | 7 |
| constructed and located on a lot of not less than 10,000 square | 8 |
| feet,
(ii) the restaurant costs at least $1,000,000 to | 9 |
| construct, (iii) the licensee
is the titleholder to the | 10 |
| premises and resides on the premises, and (iv) the
construction | 11 |
| of the restaurant is completed within 18 months of the | 12 |
| effective
date of this amendatory Act of 1998.
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| (c) Nothing in this Section shall prohibit the issuance of | 14 |
| a retail
license
authorizing the sale of alcoholic liquor | 15 |
| incidental to a restaurant if (1) the
primary
business of the | 16 |
| restaurant consists of the sale of food where the sale of
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| liquor is incidental to the sale of food and the applicant is a | 18 |
| completely new
owner of the restaurant, (2) the immediately
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| prior owner or operator of the premises where the restaurant is | 20 |
| located
operated the premises as a restaurant and held a valid | 21 |
| retail license
authorizing the
sale of alcoholic liquor at the | 22 |
| restaurant for at least part of the 24 months
before the
change | 23 |
| of ownership, and (3) the restaurant is located 75 or more feet | 24 |
| from a
school.
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| (d) In the interest of further developing Illinois' economy | 26 |
| in the area
of
commerce, tourism, convention, and banquet |
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| business, nothing in this
Section shall
prohibit issuance of a | 2 |
| retail license authorizing the sale of alcoholic
beverages to a | 3 |
| restaurant, banquet facility, grocery store, or hotel having
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| not fewer than
150 guest room accommodations located in a | 5 |
| municipality of more than 500,000
persons, notwithstanding the | 6 |
| proximity of such hotel, restaurant,
banquet facility, or | 7 |
| grocery store to any church or school, if the licensed
premises
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| described on the license are located within an enclosed mall or | 9 |
| building of a
height of at least 6 stories, or 60 feet in the | 10 |
| case of a building that has
been registered as a national | 11 |
| landmark, or in a grocery store having a
minimum of 56,010 | 12 |
| square feet of floor space in a single story building in an
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| open mall of at least 3.96 acres that is adjacent to a public | 14 |
| school that
opened as a boys technical high school in 1934, or | 15 |
| in a grocery store having a minimum of 31,000 square feet of | 16 |
| floor space in a single story building located a distance of | 17 |
| more than 90 feet but less than 100 feet from a high school | 18 |
| that opened in 1928 as a junior high school and became a senior | 19 |
| high school in 1933, and in each of these
cases if the sale of
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| alcoholic liquors is not the principal business carried on by | 21 |
| the licensee.
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| For purposes of this Section, a "banquet facility" is any | 23 |
| part of a
building that caters to private parties and where the | 24 |
| sale of alcoholic liquors
is not the principal business.
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| (e) Nothing in this Section shall prohibit the issuance of | 26 |
| a license to
a
church or private school to sell at retail |
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| alcoholic liquor if any such
sales are limited to periods when | 2 |
| groups are assembled on the premises
solely for the promotion | 3 |
| of some common object other than the sale or
consumption of | 4 |
| alcoholic liquors.
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| (f) Nothing in this Section shall prohibit a church or | 6 |
| church affiliated
school
located in a home rule municipality or | 7 |
| in a municipality with 75,000 or more
inhabitants from locating
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| within 100 feet of a property for which there is a preexisting | 9 |
| license to sell
alcoholic liquor at retail. In these instances, | 10 |
| the local zoning authority
may, by ordinance adopted | 11 |
| simultaneously with the granting of an initial
special use | 12 |
| zoning permit for the church or church affiliated school, | 13 |
| provide
that the 100-foot restriction in this Section shall not | 14 |
| apply to that church or
church affiliated school and future | 15 |
| retail liquor licenses.
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| (g) Nothing in this Section shall prohibit the issuance of | 17 |
| a retail
license authorizing the sale of alcoholic liquor at | 18 |
| premises within 100 feet,
but not less than 90 feet, of a | 19 |
| public school if (1) the premises have been
continuously | 20 |
| licensed to sell alcoholic liquor
for a period of at least 50 | 21 |
| years,
(2) the premises are located in a municipality having a | 22 |
| population of over
500,000 inhabitants, (3) the licensee is an | 23 |
| individual who is a member of a
family that has held the | 24 |
| previous 3 licenses for that location for more than 25
years, | 25 |
| (4) the
principal of the school and the alderman of the ward in | 26 |
| which the school is
located have delivered a written statement |
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| to the local liquor control
commissioner stating that they do | 2 |
| not object to the issuance of a license
under this subsection | 3 |
| (g), and (5) the local liquor control commissioner has
received | 4 |
| the written consent of a majority of the registered voters who | 5 |
| live
within 200 feet of the premises.
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| (h) Notwithstanding any provision of this Section to the | 7 |
| contrary, nothing in this Section shall prohibit the issuance | 8 |
| or renewal of a license authorizing the sale of alcoholic | 9 |
| liquor within premises and at an outdoor patio area attached to | 10 |
| premises that are located in a municipality with a population | 11 |
| in excess of 300,000 inhabitants and that are within 100 feet | 12 |
| of a church if:
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| (1) the sale of alcoholic liquor at the premises is | 14 |
| incidental to the sale of food,
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| (2) the sale of liquor is not the principal business | 16 |
| carried on by the licensee at the premises, | 17 |
| (3) the premises are less than 1,000 square feet, | 18 |
| (4) the premises are owned by the University of | 19 |
| Illinois, | 20 |
| (5) the premises are immediately adjacent to property | 21 |
| owned by a church and are not less than 20 nor more than 40 | 22 |
| feet from the church space used for worship services, and | 23 |
| (6) the principal religious leader at the place of | 24 |
| worship has indicated his or her support for the issuance | 25 |
| of the license in writing.
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| (i) Notwithstanding any provision in this Section to the |
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| contrary, nothing in this Section shall prohibit the issuance | 2 |
| or renewal of a license to sell alcoholic liquor at a premises | 3 |
| that is located within a municipality with a population in | 4 |
| excess of 300,000 inhabitants and is within 100 feet of a | 5 |
| church, synagogue, or other place of worship if: | 6 |
| (1) the primary entrance of the premises and the | 7 |
| primary entrance of the church, synagogue, or other place | 8 |
| of worship are at least 100 feet apart, on parallel | 9 |
| streets, and separated by an alley; and | 10 |
| (2) the principal religious leader at the place of | 11 |
| worship has not indicated his or her opposition to the | 12 |
| issuance or renewal of the license in writing. | 13 |
| (j) Notwithstanding any provision in this Section to the | 14 |
| contrary, nothing in this Section shall prohibit the issuance | 15 |
| of a retail
license authorizing the sale of alcoholic liquor at | 16 |
| a theater that is within 100 feet of a church if (1) the church | 17 |
| owns the theater, (2) the church leases the theater to one or | 18 |
| more entities, and
(3) the theater is used by at least 5 | 19 |
| different not-for-profit theater groups. | 20 |
| (k) Notwithstanding any provision in this Section to the | 21 |
| contrary, nothing in this Section shall prohibit the issuance | 22 |
| or renewal of a license authorizing the sale of alcoholic | 23 |
| liquor at a premises that is located within a municipality with | 24 |
| a population in excess of 1,000,000 inhabitants and is within | 25 |
| 100 feet of a school if:
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| (1) the primary entrance of the premises and the |
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| primary entrance of the school are parallel, on different | 2 |
| streets, and separated by an alley; | 3 |
| (2) the southeast corner of the premises are at least | 4 |
| 350 feet from the southwest corner of the school; | 5 |
| (3) the school was built in 1978; | 6 |
| (4) the sale of alcoholic liquor at the premises is | 7 |
| incidental to the sale of food; | 8 |
| (5) the sale of alcoholic liquor is not the principal | 9 |
| business carried on by the licensee at the premises; | 10 |
| (6) the applicant is the owner of the restaurant and | 11 |
| has held a valid license authorizing the sale of alcoholic | 12 |
| liquor for the business to be conducted on the premises at | 13 |
| a different location for more than 7 years; and | 14 |
| (7) the premises is at least 2,300 square feet and sits | 15 |
| on a lot that is between 6,100 and 6,150 square feet. | 16 |
| (l) Notwithstanding any provision in this Section to the | 17 |
| contrary, nothing in this Section shall prohibit the issuance | 18 |
| or renewal of a license authorizing the sale of alcoholic | 19 |
| liquor at a premises that is located within a municipality with | 20 |
| a population in excess of 1,000,000 inhabitants and is within | 21 |
| 100 feet of a church or school if: | 22 |
| (1) the primary entrance of the premises and the | 23 |
| closest entrance of the church or school is at least 90 | 24 |
| feet apart and no greater than 95 feet apart; | 25 |
| (2) the shortest distance between the premises and the | 26 |
| church or school is at least 80 feet apart and no greater |
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| than 85 feet apart; | 2 |
| (3) the applicant is the owner of the restaurant and on | 3 |
| November 15, 2006 held a valid license authorizing the sale | 4 |
| of alcoholic liquor for the business to be conducted on the | 5 |
| premises for at least 14 different locations; | 6 |
| (4) the sale of alcoholic liquor at the premises is | 7 |
| incidental to the sale of food; | 8 |
| (5) the sale of alcoholic liquor is not the principal | 9 |
| business carried on by the licensee at the premises; | 10 |
| (6) the premises is at least 3,200 square feet and sits | 11 |
| on a lot that is between 7,150 and 7,200 square feet; and | 12 |
| (7) the principal religious leader at the place of | 13 |
| worship has not indicated his or her opposition to the | 14 |
| issuance or renewal of the license in writing.
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| (m) Notwithstanding any provision in this Section to the | 16 |
| contrary, nothing in this Section shall prohibit the issuance | 17 |
| or renewal of a license authorizing the sale of alcoholic | 18 |
| liquor at a premises that is located within a municipality with | 19 |
| a population in excess of 1,000,000 inhabitants and is within | 20 |
| 100 feet of a church if: | 21 |
| (1) the premises and the church are perpendicular, and | 22 |
| the primary entrance of the premises faces South while the | 23 |
| primary entrance of the church faces West and the distance | 24 |
| between the two entrances is more than 100 feet; | 25 |
| (2) the shortest distance between the premises lot line | 26 |
| and the exterior wall of the church is at least 80 feet; |
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| (3) the church was established at the current location | 2 |
| in 1916 and the present structure was erected in 1925; | 3 |
| (4) the premises is a single story, single use building | 4 |
| with at least 1,750 square feet and no more than 2,000 | 5 |
| square feet; | 6 |
| (5) the sale of alcoholic liquor at the premises is | 7 |
| incidental to the sale of food; | 8 |
| (6) the sale of alcoholic liquor is not the principal | 9 |
| business carried on by the licensee at the premises; and | 10 |
| (7) the principal religious leader at the place of | 11 |
| worship has not indicated his or her opposition to the | 12 |
| issuance or renewal of the license in writing. | 13 |
| (n) Notwithstanding any provision in this Section to the | 14 |
| contrary, nothing in this Section shall prohibit the issuance | 15 |
| or renewal of a license authorizing the sale of alcoholic | 16 |
| liquor at a premises that is located within a municipality with | 17 |
| a population in excess of 1,000,000 inhabitants and is within | 18 |
| 100 feet of a school if: | 19 |
| (1) the school is a City of Chicago School District 299 | 20 |
| school; | 21 |
| (2) the school is located within subarea E of City of | 22 |
| Chicago Residential Business Planned Development Number | 23 |
| 70; | 24 |
| (3) the sale of alcoholic liquor is not the principal | 25 |
| business carried on by the licensee on the premises; | 26 |
| (4) the sale of alcoholic liquor at the premises is |
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| incidental to the sale of food; and | 2 |
| (5) the administration of City of Chicago School | 3 |
| District 299 has expressed, in writing, its support for the | 4 |
| issuance of the license. | 5 |
| (o) Notwithstanding any provision of this Section to the | 6 |
| contrary, nothing in this Section shall prohibit the issuance | 7 |
| or renewal of a retail license authorizing the sale of | 8 |
| alcoholic liquor at a premises that is located within a | 9 |
| municipality in excess of 1,000,000 inhabitants and within 100 | 10 |
| feet of a church if: | 11 |
| (1) the sale of alcoholic liquor at the premises is | 12 |
| incidental to the sale of food; | 13 |
| (2) the sale of alcoholic liquor is not the principal | 14 |
| business carried on by the licensee at the premises; | 15 |
| (3) the premises is located on a street that runs | 16 |
| perpendicular to the street on which the church is located; | 17 |
| (4) the primary entrance of the premises is at least | 18 |
| 100 feet from the primary entrance of the church; | 19 |
| (5) the shortest distance between any part of the | 20 |
| premises and any part of the church is at least 60 feet; | 21 |
| (6) the premises is between 3,600 and 4,000 square feet | 22 |
| and sits on a lot that is between 3,600 and 4,000 square | 23 |
| feet; and | 24 |
| (7) the premises was built in the year 1909. | 25 |
| For purposes of this subsection (o), "premises" means a | 26 |
| place of business together with a privately owned outdoor |
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| location that is adjacent to the place of business. | 2 |
| (p) Notwithstanding any provision in this Section to the | 3 |
| contrary, nothing in this Section shall prohibit the issuance | 4 |
| or renewal of a license authorizing the sale of alcoholic | 5 |
| liquor at a premises that is located within a municipality with | 6 |
| a population in excess of 1,000,000 inhabitants and within 100 | 7 |
| feet of a church if: | 8 |
| (1) the shortest distance between the backdoor of the | 9 |
| premises, which is used as an emergency exit, and the | 10 |
| church is at least 80 feet; | 11 |
| (2) the church was established at the current location | 12 |
| in 1889; and | 13 |
| (3) liquor has been sold on the premises since at least | 14 |
| 1985. | 15 |
| (q) Notwithstanding any provision of this Section to the | 16 |
| contrary, nothing in this Section shall prohibit the issuance | 17 |
| or renewal of a license authorizing the sale of alcoholic | 18 |
| liquor within a premises that is located in a municipality with | 19 |
| a population in excess of 1,000,000 inhabitants and within 100 | 20 |
| feet of a church if: | 21 |
| (1) the premises is located within a larger building | 22 |
| operated as a grocery store; | 23 |
| (2) the area of the premises does not exceed 720 square | 24 |
| feet and the area of the larger building exceeds 18,000 | 25 |
| square feet; | 26 |
| (3) the premises is more than 100 feet from the nearest |
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| property line of property on which a church and a | 2 |
| church-affiliated school are located; | 3 |
| (4) the sale of liquor is not the principal business | 4 |
| carried on within the larger building; | 5 |
| (5) the primary entrance of the larger building and the | 6 |
| premises and the primary entrance of the school are on | 7 |
| different, parallel streets; | 8 |
| (6) the larger building and the church and | 9 |
| church-affiliated school property are separated by an | 10 |
| alley; | 11 |
| (7) the larger building containing the premises and the | 12 |
| church building front are on perpendicular streets; and | 13 |
| (8) the primary entrance of the larger building and the | 14 |
| premises faces North while the primary entrance of the | 15 |
| church building faces East and the distance between the 2 | 16 |
| entrances is more than 100 feet. | 17 |
| (r) Notwithstanding any provision of this Section to the | 18 |
| contrary, nothing in this Section shall prohibit the issuance, | 19 |
| renewal, or maintenance of a license authorizing the sale of | 20 |
| alcoholic liquor incidental to the sale of food within a | 21 |
| restaurant established in a premises that is located in a | 22 |
| municipality with a population in excess of 1,000,000 | 23 |
| inhabitants and within 100 feet of a church if: | 24 |
| (1) the primary entrance of the church and the primary | 25 |
| entrance of the restaurant are at least 100 feet apart; | 26 |
| (2) the restaurant has operated on the ground floor and |
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| lower level of a multi-story, multi-use building for more | 2 |
| than 40 years; | 3 |
| (3) the primary business of the restaurant consists of | 4 |
| the sale of food where the sale of liquor is incidental to | 5 |
| the sale of food; | 6 |
| (4) the sale of alcoholic liquor is conducted primarily | 7 |
| in the below-grade level of the restaurant to which the | 8 |
| only public access is by a staircase located inside the | 9 |
| restaurant; and | 10 |
| (5) the restaurant has held a license authorizing the | 11 |
| sale of alcoholic liquor on the premises for more than 40 | 12 |
| years. | 13 |
| (Source: P.A. 94-1103, eff. 2-9-07; 95-331, eff. 8-21-07; | 14 |
| 95-752, eff. 1-1-09.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law. |
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