| |
Public Act 095-0752
Public Act 0752 95TH GENERAL ASSEMBLY
|
Public Act 095-0752 |
HB1809 Enrolled |
LRB095 10392 KBJ 30607 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) (from Ch. 43, par. 127)
| 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. | (Source: P.A. 94-1103, eff. 2-9-07; 95-331, eff. 8-21-07.)
|
Effective Date: 1/1/2009
|
|
|