Full Text of HB5127 93rd General Assembly
HB5127 93RD GENERAL ASSEMBLY
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5127
Introduced 02/05/04, by Edward J. Acevedo SYNOPSIS AS INTRODUCED: |
|
235 ILCS 5/6-11 |
from Ch. 43, par. 127 |
|
Amends the Liquor Control Act of 1934. Authorizes the issuance of a retail license authorizing the sale of alcoholic liquor at a premises that is within 100 feet of a church, school, hospital, home for aged or indigent
persons or for veterans, their spouses or children or any military or
naval station, if (i) the license is issued to a grocery store or similar retail store that is located within a municipality with at least 500,000 inhabitants, (ii) the store has a minimum of 20,000 square feet, and (iii) the sale of alcoholic liquor is incidental to the store's primary business. Authorizes the renewal of a license authorizing the retail sale of alcoholic liquor at a premises that is (i) within a municipality having 500,000 inhabitants, and (ii) within 100 feet of a church, school hospital, home for aged or indigent
persons or for veterans, their spouses or children or any military or
naval station, if the license was originally issued prior to January 1, 1989 and renewal of the license is not prohibited by municipal ordinance. Effective immediately.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB5127 |
|
LRB093 19123 LRD 44858 b |
|
| 1 |
| AN ACT in relation to liquor.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 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) (from Ch. 43, par. 127)
| 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
| 17 |
| exempted is not located in a municipality of more than 500,000 | 18 |
| persons,
unless required by local ordinance; nor to the renewal | 19 |
| of a license for the
sale at retail of alcoholic liquor on | 20 |
| premises within 100 feet of any church
or school where the | 21 |
| church or school has been established within such
100 feet | 22 |
| since the issuance of the original license. In the case of a
| 23 |
| church, the distance of 100 feet shall be measured to the | 24 |
| nearest part
of any building used for worship services or | 25 |
| educational programs and
not to property boundaries.
| 26 |
| (b) Nothing in this Section shall prohibit the issuance of | 27 |
| a retail
license
authorizing the sale of alcoholic liquor to a | 28 |
| restaurant, the primary business
of which is the sale of goods | 29 |
| baked on the premises if (i) the restaurant is
newly | 30 |
| constructed and located on a lot of not less than 10,000 square | 31 |
| feet,
(ii) the restaurant costs at least $1,000,000 to | 32 |
| construct, (iii) the licensee
is the titleholder to the |
|
|
|
HB5127 |
- 2 - |
LRB093 19123 LRD 44858 b |
|
| 1 |
| premises and resides on the premises, and (iv) the
construction | 2 |
| of the restaurant is completed within 18 months of the | 3 |
| effective
date of this amendatory Act of 1998.
| 4 |
| (c) Nothing in this Section shall prohibit the issuance of | 5 |
| a retail
license
authorizing the sale of alcoholic liquor | 6 |
| incidental to a restaurant if (1) the
primary
business of the | 7 |
| restaurant consists of the sale of food where the sale of
| 8 |
| liquor is incidental to the sale of food and the applicant is a | 9 |
| completely new
owner of the restaurant, (2) the immediately
| 10 |
| prior owner or operator of the premises where the restaurant is | 11 |
| located
operated the premises as a restaurant and held a valid | 12 |
| retail license
authorizing the
sale of alcoholic liquor at the | 13 |
| restaurant for at least part of the 24 months
before the
change | 14 |
| of ownership, and (3) the restaurant is located 75 or more feet | 15 |
| from a
school.
| 16 |
| (d) In the interest of further developing Illinois' economy | 17 |
| in the area
of
commerce, tourism, convention, and banquet | 18 |
| business, nothing in this
Section shall
prohibit issuance of a | 19 |
| retail license authorizing the sale of alcoholic
beverages to a | 20 |
| restaurant, banquet facility, grocery store, or hotel having
| 21 |
| not fewer than
150 guest room accommodations located in a | 22 |
| municipality of more than 500,000
persons, notwithstanding the | 23 |
| proximity of such hotel, restaurant,
banquet facility, or | 24 |
| grocery store to any church or school, if the licensed
premises
| 25 |
| described on the license are located within an enclosed mall or | 26 |
| building of a
height of at least 6 stories, or 60 feet in the | 27 |
| case of a building that has
been registered as a national | 28 |
| landmark , or in a grocery store having a
minimum of 56,010 | 29 |
| square feet of floor space in a single story building in an
| 30 |
| open mall of at least 3.96 acres that is adjacent to a public | 31 |
| school that
opened as a boys technical high school in 1934 , and | 32 |
| i n each of these
cases if the sale of
alcoholic liquors is not | 33 |
| the principal business carried on by the licensee.
| 34 |
| For purposes of this Section, a "banquet facility" is any | 35 |
| part of a
building that caters to private parties and where the | 36 |
| sale of alcoholic liquors
is not the principal business.
|
|
|
|
HB5127 |
- 3 - |
LRB093 19123 LRD 44858 b |
|
| 1 |
| (e) Nothing in this Section shall prohibit the issuance of | 2 |
| a license to
a
church or private school to sell at retail | 3 |
| alcoholic liquor if any such
sales are limited to periods when | 4 |
| groups are assembled on the premises
solely for the promotion | 5 |
| of some common object other than the sale or
consumption of | 6 |
| alcoholic liquors.
| 7 |
| (f) Nothing in this Section shall prohibit a church or | 8 |
| church affiliated
school
located in a home rule municipality or | 9 |
| in a municipality with 75,000 or more
inhabitants from locating
| 10 |
| within 100 feet of a property for which there is a preexisting | 11 |
| license to sell
alcoholic liquor at retail. In these instances, | 12 |
| the local zoning authority
may, by ordinance adopted | 13 |
| simultaneously with the granting of an initial
special use | 14 |
| zoning permit for the church or church affiliated school, | 15 |
| provide
that the 100-foot restriction in this Section shall not | 16 |
| apply to that church or
church affiliated school and future | 17 |
| retail liquor licenses.
| 18 |
| (g) Nothing in this Section shall prohibit the issuance of | 19 |
| a retail
license authorizing the sale of alcoholic liquor at | 20 |
| premises within 100 feet,
but not less than 90 feet, of a | 21 |
| public school if (1) the premises have been
continuously | 22 |
| licensed to sell alcoholic liquor
for a period of at least 50 | 23 |
| years,
(2) the premises are located in a municipality having a | 24 |
| population of over
500,000 inhabitants, (3) the licensee is an | 25 |
| individual who is a member of a
family that has held the | 26 |
| previous 3 licenses for that location for more than 25
years, | 27 |
| (4) the
principal of the school and the alderman of the ward in | 28 |
| which the school is
located have delivered a written statement | 29 |
| to the local liquor control
commissioner stating that they do | 30 |
| not object to the issuance of a license
under this subsection | 31 |
| (g), and (5) the local liquor control commissioner has
received | 32 |
| the written consent of a majority of the registered voters who | 33 |
| live
within 200 feet of the premises.
| 34 |
| (h) Nothing in this Section prohibits the issuance of a | 35 |
| retail license authorizing the sale of alcoholic liquor at | 36 |
| premises within a municipality with at least 500,000 |
|
|
|
HB5127 |
- 4 - |
LRB093 19123 LRD 44858 b |
|
| 1 |
| inhabitants and within 100 feet of a church, school, hospital, | 2 |
| home for aged or indigent
persons or for veterans, their | 3 |
| spouses or children or any military or
naval station if (i) the | 4 |
| license is issued to a grocery store or similar retail store | 5 |
| having a minimum of 20,000 square feet and (ii) the sale of | 6 |
| alcoholic liquor is incidental to the store's primary business. | 7 |
| Nothing in this subsection (h), however, authorizes the | 8 |
| issuance of a license if issuance of the license is prohibited | 9 |
| by municipal ordinance. For the purposes of this subsection | 10 |
| (h), the sale of alcoholic liquor is considered incidental to | 11 |
| the store's primary business if the those sales account for | 12 |
| less than 20% of the gross receipts from the total retail sales | 13 |
| for the store in each calendar year.
| 14 |
| (i) Nothing in this Section prohibits the renewal of a | 15 |
| license authorizing the retail sale of alcoholic liquor at a | 16 |
| premises that is (i) within a municipality having 500,000 | 17 |
| inhabitants, and (ii) within 100 feet of a church, school | 18 |
| hospital, home for aged or indigent
persons or for veterans, | 19 |
| their spouses or children or any military or
naval station, if | 20 |
| the license was originally issued prior to January 1, 1989 and | 21 |
| renewal of the license is not prohibited by municipal | 22 |
| ordinance.
| 23 |
| (Source: P.A. 91-357, eff.
7-29-99; 91-623, eff. 1-1-00; | 24 |
| 92-720, eff. 7-25-02; 92-813, eff. 8-21-02;
revised 9-18-02.)
| 25 |
| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
|
|