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Public Act 91-0623
SB656 Enrolled LRB9103496LDmb
AN ACT to amend the Liquor Control Act of 1934 by
changing Sections 6-11 and 7-13.
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 Sections 6-11 and 7-13 as follows:
(235 ILCS 5/6-11) (from Ch. 43, par. 127)
Sec. 6-11. 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.
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.
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.
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, or
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, and in each of these cases
either case if the sale of alcoholic liquors is not the
principal business carried on by the licensee license.
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.
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.
Nothing in this Section shall prohibit a church or church
affiliated school located 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.
(Source: P.A. 89-308, eff. 1-1-96; 89-709, eff. 2-14-97;
90-617, eff. 7-10-98; 90-655, eff. 7-30-98; revised
10-31-98.)
(235 ILCS 5/7-13) (from Ch. 43, par. 156)
Sec. 7-13. Granting licenses after revocation; waiting
period; discretion. When any license shall have been revoked
for any cause, no license shall be granted to any person for
the period of one year thereafter for the conduct of the
business of manufacturing, distributing, or selling alcoholic
liquor in the premises described in the revoked license
unless the revocation order has been vacated or unless the
revocation order was entered as to the licensee only.
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.
(Source: P.A. 89-250, eff. 1-1-96.)
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