Public Act 097-0012
 
SB1293 EnrolledLRB097 06808 ASK 46899 b


  
    AN ACT concerning liquor.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Liquor Control Act of 1934 is amended  by 
changing Section 6-11 as follows:
 


    (235 ILCS 5/6-11)


    Sec. 6-11. Sale near churches, schools, and hospitals. 

    (a) No license shall be issued for the sale at retail of 
any
alcoholic liquor within 100 feet of any church, school 
other than an
institution of higher learning, hospital, home 
for aged or indigent
persons or for veterans, their spouses or 
children or any military or
naval station, provided, that this 
prohibition shall not apply to hotels
offering restaurant 
service, regularly organized clubs, or to
restaurants, food 
shops or other places where sale of alcoholic liquors
is not 
the principal business carried on if the place of business so

exempted is not located in a municipality of more than 500,000 
persons,
unless required by local ordinance; nor to the renewal 
of a license for the
sale at retail of alcoholic liquor on 
premises within 100 feet of any church
or school where the 
church or school has been established within such
100 feet 
since the issuance of the original license.  In the case of a

church, the distance of 100 feet shall be measured to the 
nearest part
of any building used for worship services or 
educational programs and
not to property boundaries.

    (b) Nothing in this Section shall prohibit the issuance of 
a retail
license
authorizing the sale of alcoholic liquor to a 
restaurant, the primary business
of which is the sale of goods 
baked on the premises if (i) the restaurant is
newly 
constructed and located on a lot of not less than 10,000 square 
feet,
(ii) the restaurant costs at least $1,000,000 to 
construct, (iii) the licensee
is the titleholder to the 
premises and resides on the premises, and (iv) the
construction 
of the restaurant is completed within 18 months of the 
effective
date of this amendatory Act of 1998.

    (c) Nothing in this Section shall prohibit the issuance of 
a retail
license
authorizing the sale of alcoholic liquor 
incidental to a restaurant if (1) the
primary
business of the 
restaurant consists of the sale of food where the sale of

liquor is incidental to the sale of food and the applicant is a 
completely new
owner of the restaurant, (2) the immediately

prior owner or operator of the premises where the restaurant is 
located
operated the premises as a restaurant and held a valid 
retail license
authorizing the
sale of alcoholic liquor at the 
restaurant for at least part of the 24 months
before the
change 
of ownership, and (3) the restaurant is located 75 or more feet 
from a
school.

    (d) In the interest of further developing Illinois' economy 
in the area
of
commerce, tourism, convention, and banquet 
business, nothing in this
Section shall
prohibit issuance of a 
retail license authorizing the sale of alcoholic
beverages to a 
restaurant, banquet facility, grocery store, or hotel having

not fewer than
150 guest room accommodations located in a 
municipality of more than 500,000
persons, notwithstanding the 
proximity of such hotel, restaurant,
banquet facility, or 
grocery store to any church or school, if the licensed
premises

described on the license are located within an enclosed mall or 
building of a
height of at least 6 stories, or 60 feet in the 
case of a building that has
been registered as a national 
landmark, or in a grocery store having a
minimum of 56,010 
square feet of floor space in a single story building in an

open mall of at least 3.96 acres that is adjacent to a public 
school that
opened as a boys technical high school in 1934, or 
in a grocery store having a minimum of 31,000 square feet of 
floor space in a single story building located a distance of 
more than 90 feet but less than 100 feet from a high school 
that opened in 1928 as a junior high school and became a senior 
high school in 1933, and in each of these
cases if the sale of

alcoholic liquors is not the principal business carried on by 
the licensee.

    For purposes of this Section, a "banquet facility" is any 
part of a
building that caters to private parties and where the 
sale of alcoholic liquors
is not the principal business.

    (e) Nothing in this Section shall prohibit the issuance of 
a license to
a
church or private school to sell at retail 
alcoholic liquor if any such
sales are limited to periods when 
groups are assembled on the premises
solely for the promotion 
of some common object other than the sale or
consumption of 
alcoholic liquors.

    (f) Nothing in this Section shall prohibit a church or 
church affiliated
school
located in a home rule municipality or 
in a municipality with 75,000 or more
inhabitants from locating

within 100 feet of a property for which there is a preexisting 
license to sell
alcoholic liquor at retail.  In these instances, 
the local zoning authority
may, by ordinance adopted 
simultaneously with the granting of an initial
special use 
zoning permit for the church or church affiliated school, 
provide
that the 100-foot restriction in this Section shall not 
apply to that church or
church affiliated school and future 
retail liquor licenses.

    (g) Nothing in this Section shall prohibit the issuance of 
a retail
license authorizing the sale of alcoholic liquor at 
premises within 100 feet,
but not less than 90 feet, of a 
public school if (1) the premises have been
continuously 
licensed to sell alcoholic liquor
for a period of at least 50 
years,
(2) the premises are located in a municipality having a 
population of over
500,000 inhabitants, (3) the licensee is an 
individual who is a member of a
family that has held the 
previous 3 licenses for that location for more than 25
years, 
(4) the
principal of the school and the alderman of the ward in 
which the school is
located have delivered a written statement 
to the local liquor control
commissioner stating that they do 
not object to the issuance of a license
under this subsection 
(g), and (5) the local liquor control commissioner has
received 
the written consent of a majority of the registered voters who 
live
within 200 feet of the premises.

    (h) Notwithstanding any provision of this Section to the 
contrary, nothing in this Section shall prohibit the issuance 
or renewal of a license authorizing the sale of alcoholic 
liquor within  premises and at an outdoor patio area attached to 
premises that are located in a municipality with a population 
in excess of 300,000 inhabitants and that are within 100 feet 
of a church if:

        (1) the sale of alcoholic liquor at the premises is 
    incidental to the sale of food,

        (2) the sale of liquor is not the principal business 
    carried on by the licensee at the premises,
        (3) the  premises are less than 1,000 square feet,
        (4) the premises are owned by the University of 
    Illinois,
        (5) the premises are immediately adjacent to property 
    owned by a church and are  not less than 20 nor more than 40 
    feet from the church space used for worship services, and
        (6) the principal religious leader at the place of 
    worship has indicated his or her support for the issuance 
    of the license in writing.

    (i) Notwithstanding any provision in this Section to the 
contrary, nothing in this Section shall prohibit the issuance 
or renewal of a license to sell alcoholic liquor at a premises 
that is located within a municipality with a population in 
excess of 300,000 inhabitants and is within 100 feet of a 
church, synagogue, or other place of worship if:
        (1) the primary entrance of the premises and the 
    primary entrance of the church, synagogue, or other place 
    of worship are at least 100 feet apart, on parallel 
    streets, and separated by an alley; and
        (2) the principal religious leader at the place of 
    worship has not indicated his or her opposition to the 
    issuance or renewal of the license in writing.
    (j) Notwithstanding any provision in this Section to the 
contrary, nothing in this Section shall prohibit the issuance 
of a retail
license authorizing the sale of alcoholic liquor at 
a theater that is within 100 feet of a church if (1) the church 
owns the theater, (2) the church leases the theater to one or 
more entities, and
(3) the theater is used by at least 5 
different not-for-profit theater groups.
    (k) Notwithstanding any provision in this Section to the 
contrary, nothing in this Section shall prohibit the issuance 
or renewal of a license authorizing the sale of  alcoholic 
liquor at a premises that is located within a municipality with 
a population in excess of 1,000,000 inhabitants and is within 
100 feet of a school  if:

        (1) the primary entrance of the premises and the 
    primary entrance of the school are parallel, on different 
    streets, and separated by an alley;
        (2) the southeast corner of the premises are at least 
    350 feet from the southwest corner of the school;
        (3) the school was built in 1978;
        (4) the sale of alcoholic liquor at the premises is 
    incidental to the sale of food;
        (5) the sale of alcoholic liquor is not the principal 
    business carried on by the licensee at the premises;
        (6) the applicant is the owner of the restaurant and 
    has held a valid license authorizing the sale of alcoholic 
    liquor for the business to be conducted on the premises at 
    a different location for more than 7 years; and
        (7) the premises is at least 2,300 square feet and sits 
    on a lot that is between 6,100 and 6,150 square feet.
    (l) Notwithstanding any provision in this Section to the 
contrary, nothing in this Section shall prohibit the issuance 
or renewal of a license authorizing the sale of alcoholic 
liquor at a premises that is located within a municipality with 
a population in excess of 1,000,000 inhabitants and is within 
100 feet of a church or school if:
        (1) the primary entrance of the premises and the 
    closest entrance of the church or school is at least 90 
    feet apart and no greater than 95 feet apart;
        (2) the shortest distance between the premises and the 
    church or school is at least 80 feet apart and no greater 
    than 85 feet apart;
        (3) the applicant is the owner of the restaurant and on 
    November 15, 2006 held a valid license authorizing the sale 
    of alcoholic liquor for the business to be conducted on the 
    premises for at least 14 different locations;
        (4) the sale of alcoholic liquor at the premises is 
    incidental to the sale of food;
        (5) the sale of alcoholic liquor is not the principal 
    business carried on by the licensee at the premises;
        (6) the premises is at least 3,200 square feet and sits 
    on a lot that is between 7,150 and 7,200 square feet; and
        (7) the principal religious leader at the place of 
    worship has not indicated his or her opposition to the 
    issuance or renewal of the license in writing.

    (m) Notwithstanding any provision in this Section to the 
contrary, nothing in this Section shall prohibit the issuance 
or renewal of a license authorizing the sale of alcoholic 
liquor at a premises that is located within a municipality with 
a population in excess of 1,000,000 inhabitants and is within 
100 feet of a church if:
        (1) the premises and the church are perpendicular, and 
    the primary entrance of the premises faces South while the 
    primary entrance of the church faces West and the distance 
    between the two entrances is more than 100 feet; 
        (2) the shortest distance between the premises lot line 
    and the exterior wall of the church is at least 80 feet;
        (3) the church was established at the current location 
    in 1916 and the present structure was erected in 1925;
        (4) the premises is a single story, single use building 
    with at least 1,750 square feet and no more than 2,000 
    square feet;
        (5) the sale of alcoholic liquor at the premises is 
    incidental to the sale of food;
        (6) the sale of alcoholic liquor is not the principal 
    business carried on by the licensee at the premises; and
        (7) the principal religious leader at the place of 
    worship has not indicated his or her opposition to the 
    issuance or renewal of the license in writing. 
    (n) Notwithstanding any provision in this Section to the 
contrary, nothing in this Section shall prohibit the issuance 
or renewal of a license authorizing the sale of alcoholic 
liquor at a premises that is located within a municipality with 
a population in excess of 1,000,000 inhabitants and is within 
100 feet of a school if:
        (1) the school is a City of Chicago School District 299 
    school;
        (2) the school is located within subarea E of City of 
    Chicago Residential Business Planned Development Number 
    70;
        (3) the sale of alcoholic liquor is not the principal 
    business carried on by the licensee on the premises;
        (4) the sale of alcoholic liquor at the premises is 
    incidental to the sale of food; and
        (5) the administration of City of Chicago School 
    District 299 has expressed, in writing, its support for the 
    issuance of the license. 
    (o) Notwithstanding any provision of this Section to the 
contrary, nothing in this Section shall prohibit the issuance 
or renewal of a retail license authorizing the sale of 
alcoholic liquor at a premises that is located within a 
municipality in excess of 1,000,000 inhabitants and within 100 
feet of a church if:
        (1) the sale of alcoholic liquor at the premises is 
    incidental to the sale of food; 
        (2) the sale of alcoholic liquor is not the principal 
    business carried on by the licensee at the premises; 
        (3) the premises is located on a street that runs 
    perpendicular to the street  on which the church is located;  
        (4) the primary entrance of the premises is at least 
    100 feet from the primary entrance  of the church;
        (5) the shortest distance between any part of the 
    premises and any part of the church is at least 60 feet; 
        (6) the premises is between 3,600 and 4,000 square feet 
    and sits on a lot that is between 3,600 and 4,000 square 
    feet; and 
        (7) the premises was built in the year 1909. 
    For purposes of this subsection (o), "premises" means a 
place of business together with a privately owned outdoor 
location that is adjacent to the place of business. 
    (p) Notwithstanding any provision in this Section to the 
contrary, nothing in this Section shall prohibit the issuance 
or renewal of a license authorizing the sale of alcoholic 
liquor at a premises that is located within a municipality with 
a population in excess of 1,000,000 inhabitants and within 100 
feet of a church if:
        (1) the shortest distance between the backdoor of the 
    premises, which is used as an emergency exit, and the 
    church is at least 80 feet;
        (2) the church was established at the current location 
    in 1889; and
        (3) liquor has been sold on the premises since at least 
    1985.
    (q) Notwithstanding any provision of this Section to the 
contrary, nothing in this Section shall prohibit the issuance 
or renewal of a license authorizing the sale of alcoholic 
liquor within a premises that is located in a municipality with 
a population in excess of 1,000,000 inhabitants and within 100 
feet of a church-owned property if:
        (1) the premises is located within a larger building 
    operated as a grocery store;
        (2) the area of the premises does not exceed 720 square 
    feet and the area of the larger building exceeds 18,000 
    square feet;
        (3) the larger building containing the premises is 
    within 100 feet of the nearest property line of a 
    church-owned property on which a church-affiliated school 
    is located;
        (4) the sale of liquor is not the principal business 
    carried on within the larger building;
        (5) the primary entrance of the larger building and the 
    premises and the primary entrance of the church-affiliated 
    school are on different, parallel streets, and the distance 
    between the 2 primary entrances is more than 100 feet;
        (6) the larger building is separated from the 
    church-owned property and church-affiliated school by an 
    alley;
        (7) the larger building containing the premises and the 
    church building front are on perpendicular streets and are 
    separated by a street; and
        (8) (Blank). 
    (r) Notwithstanding any provision of this Section to the 
contrary, nothing in this Section shall prohibit the issuance, 
renewal, or maintenance of a license authorizing the sale of 
alcoholic liquor incidental to the sale of food within a 
restaurant established in a premises that is located in a 
municipality with a population in excess of 1,000,000 
inhabitants and within 100 feet of a church if: 
        (1) the primary entrance of the church and the primary 
    entrance of the restaurant are at least 100 feet apart; 
        (2) the restaurant has operated on the ground floor and 
    lower level of a multi-story, multi-use building for more 
    than 40 years; 
        (3) the primary business of the restaurant consists of 
    the sale of food where the sale of liquor is incidental to 
    the sale of food; 
        (4) the sale of alcoholic liquor is conducted primarily 
    in the below-grade level of the restaurant to which the 
    only public access is by a staircase located inside the 
    restaurant; and 
        (5) the restaurant has held a license authorizing the 
    sale of alcoholic liquor on the premises for more than 40 
    years. 
    (s) Notwithstanding any provision of this Section to the 
contrary, nothing in this Section shall  prohibit renewal of a 
license authorizing the sale of alcoholic liquor at a premises 
that is located within a municipality with a population more 
than 5,000 and less than 10,000 and is within 100 feet of a 
church if:
        (1) the church was established at the location within 
    100 feet of the premises after a license for the sale of 
    alcoholic liquor at the premises was first issued; 
        (2) a license for sale of alcoholic liquor at the 
    premises was first issued before January 1, 2007; and
        (3) a license for the sale of alcoholic liquor on  the 
    premises has been continuously in effect since January 1, 
    2007, except for interruptions between licenses of no more 
    than 90 days. 
    (t) Notwithstanding any provision of this Section to the 
contrary, nothing  in this Section shall prohibit the issuance 
or renewal of a

license  authorizing  the  sale  of  alcoholic  
liquor

incidental to the sale of food within a restaurant that 
is established in a premises that is located in a municipality 
with a population in excess of 1,000,000 inhabitants and within 
100 feet of a school and a church if:
        (1) the restaurant is located inside a five-story 
    building with over 16,800 square feet of commercial space;
        (2) the area of the premises does not exceed 31,050 
    square feet;
        (3) the area of the restaurant does not exceed 5,800 
    square feet; 
        (4) the building has no less than 78 condominium units;
        (5) the construction of the building in which the 
    restaurant is located was completed in 2006; 
        (6) the building has 10 storefront properties, 3 of 
    which are used for the restaurant; 
        (7) the restaurant will open for business in 2010; 
        (8) the building is north of the school and separated 
    by an alley; and 
        (9) the principal religious leader of the church and 
    either the alderman of the ward in which the school is 
    located or the principal of the school have delivered a 
    written statement to the local liquor control commissioner 
    stating that he or she does not object to the issuance of a 
    license under this subsection (t). 
    (u) Notwithstanding any provision in this Section to the 
contrary, nothing in this Section shall prohibit the issuance 
or renewal of a license to sell alcoholic liquor at a premises 
that is located within a municipality with a population in 
excess of 1,000,000 inhabitants and within 100 feet of a school 
if:
        (1) the premises operates as a restaurant and has been 
    in operation since February 2008;
        (2) the applicant is the owner of the premises;
        (3) the sale of alcoholic liquor is incidental to the 
    sale of food;
        (4) the sale of alcoholic liquor is not the principal 
    business carried on by the licensee on the premises;
        (5) the premises occupy the first floor of a 3-story 
    building that is at least 90 years old;
        (6) the rear lot of the school and the rear corner of 
    the building that the premises occupy are separated by an 
    alley;
        (7)  the distance from the southwest corner of the 
    property line of the school and the northeast corner of the 
    building that the premises occupy is at least 16 feet, 5 
    inches;
        (8) the distance from the rear door of the premises to 
    the southwest corner of the property line of the school is 
    at least 93 feet;
        (9) the school is a City of Chicago School District 299 
    school;
        (10) the school's main structure was erected in 1902 
    and an addition was built to the main structure in 1959; 
    and
        (11) the principal of the school and the alderman in 
    whose district the premises are located have expressed, in 
    writing, their support for the issuance of the license. 
    (v) Notwithstanding any provision in this Section to the 
contrary, nothing in this Section shall prohibit the issuance 
or renewal of a license to sell alcoholic liquor at a premises 
that is located within a municipality with a population in 
excess of 1,000,000 inhabitants and within 100 feet of a church 
if:
        (1) the sale of alcoholic liquor at the premises is 
    incidental to the sale of food;
        (2) the sale of alcoholic liquor is not the principal
    
    business carried on by the licensee at the premises;
        (3) the premises occupy the first floor and basement of 
    a 2-story building that is 106 years old;
        (4) the premises is at least 7,000 square feet and 
    located on a lot that is at least 11,000 square feet;
        (5) the premises is located directly west of the 
    church, on perpendicular streets, and separated by an 
    alley;
        (6) the distance between the
    property line of the 
    premises and the property line of the church is at least 20 
    feet;
        (7) the distance between the primary entrance of the 
    premises and the primary entrance of the church is at least 
    130 feet; and
        (8) the church has been at its location for at least 40 
    years. 
(Source: P.A. 95-331, eff. 8-21-07; 95-752, eff. 1-1-09; 
96-283, eff. 8-11-09; 96-744, eff. 8-25-09; 96-851, eff. 
12-23-09; 96-871, eff. 1-21-10; 96-1051, eff. 7-14-10.)


 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.