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Public Act 096-0871 |
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AN ACT concerning liquor.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Liquor Control Act of 1934 is amended by | ||||
changing Section 6-11 as follows:
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(235 ILCS 5/6-11)
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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 | ||||
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
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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
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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.
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(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.
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(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
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liquor is incidental to the sale of food and the applicant is a | ||
completely new
owner of the restaurant, (2) the immediately
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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.
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(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
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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
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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
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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
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alcoholic liquors is not the principal business carried on by | ||
the licensee.
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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.
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(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.
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(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
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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.
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(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.
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(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:
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(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food,
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(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.
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(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:
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(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.
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(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 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 premises is more than 100 feet from the nearest |
property line of property on which a church and a | ||
church-affiliated school are 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 school are on | ||
different, parallel streets; | ||
(6) the larger building and the church and | ||
church-affiliated school property are separated by an | ||
alley; | ||
(7) the larger building containing the premises and the | ||
church building front are on perpendicular streets; and | ||
(8) the primary entrance of the larger building and the | ||
premises faces North while the primary entrance of the | ||
church building faces East and the distance between the 2 | ||
entrances is more than 100 feet. | ||
(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) (o) 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). | ||
(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; revised 9-15-09.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |