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| | HB0950 Engrossed | | LRB099 04793 RPS 24822 b |
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1 | | AN ACT concerning liquor.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Liquor Control Act of 1934 is amended by |
5 | | changing Section 6-11 as follows:
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6 | | (235 ILCS 5/6-11)
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7 | | Sec. 6-11. Sale near churches, schools, and hospitals.
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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
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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
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23 | | church, the distance of 100 feet shall be measured to the |
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| | HB0950 Engrossed | - 2 - | LRB099 04793 RPS 24822 b |
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1 | | nearest part
of any building used for worship services or |
2 | | educational programs and
not to property boundaries.
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3 | | (b) Nothing in this Section shall prohibit the issuance of |
4 | | a retail
license
authorizing the sale of alcoholic liquor to a |
5 | | restaurant, the primary business
of which is the sale of goods |
6 | | baked on the premises if (i) the restaurant is
newly |
7 | | constructed and located on a lot of not less than 10,000 square |
8 | | feet,
(ii) the restaurant costs at least $1,000,000 to |
9 | | construct, (iii) the licensee
is the titleholder to the |
10 | | premises and resides on the premises, and (iv) the
construction |
11 | | of the restaurant is completed within 18 months of July 10, |
12 | | 1998 (the effective
date of Public Act 90-617).
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13 | | (c) Nothing in this Section shall prohibit the issuance of |
14 | | a retail
license
authorizing the sale of alcoholic liquor |
15 | | incidental to a restaurant if (1) the
primary
business of the |
16 | | restaurant consists of the sale of food where the sale of
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17 | | liquor is incidental to the sale of food and the applicant is a |
18 | | completely new
owner of the restaurant, (2) the immediately
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19 | | prior owner or operator of the premises where the restaurant is |
20 | | located
operated the premises as a restaurant and held a valid |
21 | | retail license
authorizing the
sale of alcoholic liquor at the |
22 | | restaurant for at least part of the 24 months
before the
change |
23 | | of ownership, and (3) the restaurant is located 75 or more feet |
24 | | from a
school.
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25 | | (d) In the interest of further developing Illinois' economy |
26 | | in the area
of
commerce, tourism, convention, and banquet |
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1 | | business, nothing in this
Section shall
prohibit issuance of a |
2 | | retail license authorizing the sale of alcoholic
beverages to a |
3 | | restaurant, banquet facility, grocery store, or hotel having
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4 | | not fewer than
150 guest room accommodations located in a |
5 | | municipality of more than 500,000
persons, notwithstanding the |
6 | | proximity of such hotel, restaurant,
banquet facility, or |
7 | | grocery store to any church or school, if the licensed
premises
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8 | | described on the license are located within an enclosed mall or |
9 | | building of a
height of at least 6 stories, or 60 feet in the |
10 | | case of a building that has
been registered as a national |
11 | | landmark, or in a grocery store having a
minimum of 56,010 |
12 | | square feet of floor space in a single story building in an
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13 | | open mall of at least 3.96 acres that is adjacent to a public |
14 | | school that
opened as a boys technical high school in 1934, or |
15 | | in a grocery store having a minimum of 31,000 square feet of |
16 | | floor space in a single story building located a distance of |
17 | | more than 90 feet but less than 100 feet from a high school |
18 | | that opened in 1928 as a junior high school and became a senior |
19 | | high school in 1933, and in each of these
cases if the sale of
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20 | | alcoholic liquors is not the principal business carried on by |
21 | | the licensee.
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22 | | For purposes of this Section, a "banquet facility" is any |
23 | | part of a
building that caters to private parties and where the |
24 | | sale of alcoholic liquors
is not the principal business.
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25 | | (e) Nothing in this Section shall prohibit the issuance of |
26 | | a license to
a
church or private school to sell at retail |
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1 | | alcoholic liquor if any such
sales are limited to periods when |
2 | | groups are assembled on the premises
solely for the promotion |
3 | | of some common object other than the sale or
consumption of |
4 | | alcoholic liquors.
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5 | | (f) Nothing in this Section shall prohibit a church or |
6 | | church affiliated
school
located in a home rule municipality or |
7 | | in a municipality with 75,000 or more
inhabitants from locating
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8 | | within 100 feet of a property for which there is a preexisting |
9 | | license to sell
alcoholic liquor at retail. In these instances, |
10 | | the local zoning authority
may, by ordinance adopted |
11 | | simultaneously with the granting of an initial
special use |
12 | | zoning permit for the church or church affiliated school, |
13 | | provide
that the 100-foot restriction in this Section shall not |
14 | | apply to that church or
church affiliated school and future |
15 | | retail liquor licenses.
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16 | | (g) Nothing in this Section shall prohibit the issuance of |
17 | | a retail
license authorizing the sale of alcoholic liquor at |
18 | | premises within 100 feet,
but not less than 90 feet, of a |
19 | | public school if (1) the premises have been
continuously |
20 | | licensed to sell alcoholic liquor
for a period of at least 50 |
21 | | years,
(2) the premises are located in a municipality having a |
22 | | population of over
500,000 inhabitants, (3) the licensee is an |
23 | | individual who is a member of a
family that has held the |
24 | | previous 3 licenses for that location for more than 25
years, |
25 | | (4) the
principal of the school and the alderman of the ward in |
26 | | which the school is
located have delivered a written statement |
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| | HB0950 Engrossed | - 5 - | LRB099 04793 RPS 24822 b |
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1 | | to the local liquor control
commissioner stating that they do |
2 | | not object to the issuance of a license
under this subsection |
3 | | (g), and (5) the local liquor control commissioner has
received |
4 | | the written consent of a majority of the registered voters who |
5 | | live
within 200 feet of the premises.
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6 | | (h) Notwithstanding any provision of this Section to the |
7 | | contrary, nothing in this Section shall prohibit the issuance |
8 | | or renewal of a license authorizing the sale of alcoholic |
9 | | liquor within premises and at an outdoor patio area attached to |
10 | | premises that are located in a municipality with a population |
11 | | in excess of 300,000 inhabitants and that are within 100 feet |
12 | | of a church if:
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13 | | (1) the sale of alcoholic liquor at the premises is |
14 | | incidental to the sale of food,
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15 | | (2) the sale of liquor is not the principal business |
16 | | carried on by the licensee at the premises, |
17 | | (3) the premises are less than 1,000 square feet, |
18 | | (4) the premises are owned by the University of |
19 | | Illinois, |
20 | | (5) the premises are immediately adjacent to property |
21 | | owned by a church and are not less than 20 nor more than 40 |
22 | | feet from the church space used for worship services, and |
23 | | (6) the principal religious leader at the place of |
24 | | worship has indicated his or her support for the issuance |
25 | | of the license in writing.
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26 | | (i) Notwithstanding any provision in this Section to the |
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1 | | contrary, nothing in this Section shall prohibit the issuance |
2 | | or renewal of a license to sell alcoholic liquor at a premises |
3 | | that is located within a municipality with a population in |
4 | | excess of 300,000 inhabitants and is within 100 feet of a |
5 | | church, synagogue, or other place of worship if: |
6 | | (1) the primary entrance of the premises and the |
7 | | primary entrance of the church, synagogue, or other place |
8 | | of worship are at least 100 feet apart, on parallel |
9 | | streets, and separated by an alley; and |
10 | | (2) the principal religious leader at the place of |
11 | | worship has not indicated his or her opposition to the |
12 | | issuance or renewal of the license in writing. |
13 | | (j) Notwithstanding any provision in this Section to the |
14 | | contrary, nothing in this Section shall prohibit the issuance |
15 | | of a retail
license authorizing the sale of alcoholic liquor at |
16 | | a theater that is within 100 feet of a church if (1) the church |
17 | | owns the theater, (2) the church leases the theater to one or |
18 | | more entities, and
(3) the theater is used by at least 5 |
19 | | different not-for-profit theater groups. |
20 | | (k) Notwithstanding any provision in this Section to the |
21 | | contrary, nothing in this Section shall prohibit the issuance |
22 | | or renewal of a license authorizing the sale of alcoholic |
23 | | liquor at a premises that is located within a municipality with |
24 | | a population in excess of 1,000,000 inhabitants and is within |
25 | | 100 feet of a school if:
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26 | | (1) the primary entrance of the premises and the |
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1 | | primary entrance of the school are parallel, on different |
2 | | streets, and separated by an alley; |
3 | | (2) the southeast corner of the premises are at least |
4 | | 350 feet from the southwest corner of the school; |
5 | | (3) the school was built in 1978; |
6 | | (4) the sale of alcoholic liquor at the premises is |
7 | | incidental to the sale of food; |
8 | | (5) the sale of alcoholic liquor is not the principal |
9 | | business carried on by the licensee at the premises; |
10 | | (6) the applicant is the owner of the restaurant and |
11 | | has held a valid license authorizing the sale of alcoholic |
12 | | liquor for the business to be conducted on the premises at |
13 | | a different location for more than 7 years; and |
14 | | (7) the premises is at least 2,300 square feet and sits |
15 | | on a lot that is between 6,100 and 6,150 square feet. |
16 | | (l) Notwithstanding any provision in this Section to the |
17 | | contrary, nothing in this Section shall prohibit the issuance |
18 | | or renewal of a license authorizing the sale of alcoholic |
19 | | liquor at a premises that is located within a municipality with |
20 | | a population in excess of 1,000,000 inhabitants and is within |
21 | | 100 feet of a church or school if: |
22 | | (1) the primary entrance of the premises and the |
23 | | closest entrance of the church or school is at least 90 |
24 | | feet apart and no greater than 95 feet apart; |
25 | | (2) the shortest distance between the premises and the |
26 | | church or school is at least 80 feet apart and no greater |
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1 | | than 85 feet apart; |
2 | | (3) the applicant is the owner of the restaurant and on |
3 | | November 15, 2006 held a valid license authorizing the sale |
4 | | of alcoholic liquor for the business to be conducted on the |
5 | | premises for at least 14 different locations; |
6 | | (4) the sale of alcoholic liquor at the premises is |
7 | | incidental to the sale of food; |
8 | | (5) the sale of alcoholic liquor is not the principal |
9 | | business carried on by the licensee at the premises; |
10 | | (6) the premises is at least 3,200 square feet and sits |
11 | | on a lot that is between 7,150 and 7,200 square feet; and |
12 | | (7) the principal religious leader at the place of |
13 | | worship has not indicated his or her opposition to the |
14 | | issuance or renewal of the license in writing.
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15 | | (m) Notwithstanding any provision in this Section to the |
16 | | contrary, nothing in this Section shall prohibit the issuance |
17 | | or renewal of a license authorizing the sale of alcoholic |
18 | | liquor at a premises that is located within a municipality with |
19 | | a population in excess of 1,000,000 inhabitants and is within |
20 | | 100 feet of a church if: |
21 | | (1) the premises and the church are perpendicular, and |
22 | | the primary entrance of the premises faces South while the |
23 | | primary entrance of the church faces West and the distance |
24 | | between the two entrances is more than 100 feet; |
25 | | (2) the shortest distance between the premises lot line |
26 | | and the exterior wall of the church is at least 80 feet; |
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1 | | (3) the church was established at the current location |
2 | | in 1916 and the present structure was erected in 1925; |
3 | | (4) the premises is a single story, single use building |
4 | | with at least 1,750 square feet and no more than 2,000 |
5 | | square feet; |
6 | | (5) the sale of alcoholic liquor at the premises is |
7 | | incidental to the sale of food; |
8 | | (6) the sale of alcoholic liquor is not the principal |
9 | | business carried on by the licensee at the premises; and |
10 | | (7) the principal religious leader at the place of |
11 | | worship has not indicated his or her opposition to the |
12 | | issuance or renewal of the license in writing. |
13 | | (n) Notwithstanding any provision in this Section to the |
14 | | contrary, nothing in this Section shall prohibit the issuance |
15 | | or renewal of a license authorizing the sale of alcoholic |
16 | | liquor at a premises that is located within a municipality with |
17 | | a population in excess of 1,000,000 inhabitants and is within |
18 | | 100 feet of a school if: |
19 | | (1) the school is a City of Chicago School District 299 |
20 | | school; |
21 | | (2) the school is located within subarea E of City of |
22 | | Chicago Residential Business Planned Development Number |
23 | | 70; |
24 | | (3) the sale of alcoholic liquor is not the principal |
25 | | business carried on by the licensee on the premises; |
26 | | (4) the sale of alcoholic liquor at the premises is |
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1 | | incidental to the sale of food; and |
2 | | (5) the administration of City of Chicago School |
3 | | District 299 has expressed, in writing, its support for the |
4 | | issuance of the license. |
5 | | (o) Notwithstanding any provision of this Section to the |
6 | | contrary, nothing in this Section shall prohibit the issuance |
7 | | or renewal of a retail license authorizing the sale of |
8 | | alcoholic liquor at a premises that is located within a |
9 | | municipality in excess of 1,000,000 inhabitants and within 100 |
10 | | feet of a church if: |
11 | | (1) the sale of alcoholic liquor at the premises is |
12 | | incidental to the sale of food; |
13 | | (2) the sale of alcoholic liquor is not the principal |
14 | | business carried on by the licensee at the premises; |
15 | | (3) the premises is located on a street that runs |
16 | | perpendicular to the street on which the church is located; |
17 | | (4) the primary entrance of the premises is at least |
18 | | 100 feet from the primary entrance of the church; |
19 | | (5) the shortest distance between any part of the |
20 | | premises and any part of the church is at least 60 feet; |
21 | | (6) the premises is between 3,600 and 4,000 square feet |
22 | | and sits on a lot that is between 3,600 and 4,000 square |
23 | | feet; and |
24 | | (7) the premises was built in the year 1909. |
25 | | For purposes of this subsection (o), "premises" means a |
26 | | place of business together with a privately owned outdoor |
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1 | | location that is adjacent to the place of business. |
2 | | (p) Notwithstanding any provision in this Section to the |
3 | | contrary, nothing in this Section shall prohibit the issuance |
4 | | or renewal of a license authorizing the sale of alcoholic |
5 | | liquor at a premises that is located within a municipality with |
6 | | a population in excess of 1,000,000 inhabitants and within 100 |
7 | | feet of a church if: |
8 | | (1) the shortest distance between the backdoor of the |
9 | | premises, which is used as an emergency exit, and the |
10 | | church is at least 80 feet; |
11 | | (2) the church was established at the current location |
12 | | in 1889; and |
13 | | (3) liquor has been sold on the premises since at least |
14 | | 1985. |
15 | | (q) Notwithstanding any provision of this Section to the |
16 | | contrary, nothing in this Section shall prohibit the issuance |
17 | | or renewal of a license authorizing the sale of alcoholic |
18 | | liquor within a premises that is located in a municipality with |
19 | | a population in excess of 1,000,000 inhabitants and within 100 |
20 | | feet of a church-owned property if: |
21 | | (1) the premises is located within a larger building |
22 | | operated as a grocery store; |
23 | | (2) the area of the premises does not exceed 720 square |
24 | | feet and the area of the larger building exceeds 18,000 |
25 | | square feet; |
26 | | (3) the larger building containing the premises is |
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| | HB0950 Engrossed | - 12 - | LRB099 04793 RPS 24822 b |
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1 | | within 100 feet of the nearest property line of a |
2 | | church-owned property on which a church-affiliated school |
3 | | is located; |
4 | | (4) the sale of liquor is not the principal business |
5 | | carried on within the larger building; |
6 | | (5) the primary entrance of the larger building and the |
7 | | premises and the primary entrance of the church-affiliated |
8 | | school are on different, parallel streets, and the distance |
9 | | between the 2 primary entrances is more than 100 feet; |
10 | | (6) the larger building is separated from the |
11 | | church-owned property and church-affiliated school by an |
12 | | alley; |
13 | | (7) the larger building containing the premises and the |
14 | | church building front are on perpendicular streets and are |
15 | | separated by a street; and |
16 | | (8) (Blank). |
17 | | (r) Notwithstanding any provision of this Section to the |
18 | | contrary, nothing in this Section shall prohibit the issuance, |
19 | | renewal, or maintenance of a license authorizing the sale of |
20 | | alcoholic liquor incidental to the sale of food within a |
21 | | restaurant established in a premises that is located in a |
22 | | municipality with a population in excess of 1,000,000 |
23 | | inhabitants and within 100 feet of a church if: |
24 | | (1) the primary entrance of the church and the primary |
25 | | entrance of the restaurant are at least 100 feet apart; |
26 | | (2) the restaurant has operated on the ground floor and |
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1 | | lower level of a multi-story, multi-use building for more |
2 | | than 40 years; |
3 | | (3) the primary business of the restaurant consists of |
4 | | the sale of food where the sale of liquor is incidental to |
5 | | the sale of food; |
6 | | (4) the sale of alcoholic liquor is conducted primarily |
7 | | in the below-grade level of the restaurant to which the |
8 | | only public access is by a staircase located inside the |
9 | | restaurant; and |
10 | | (5) the restaurant has held a license authorizing the |
11 | | sale of alcoholic liquor on the premises for more than 40 |
12 | | years. |
13 | | (s) Notwithstanding any provision of this Section to the |
14 | | contrary, nothing in this Section shall prohibit renewal of a |
15 | | license authorizing the sale of alcoholic liquor at a premises |
16 | | that is located within a municipality with a population more |
17 | | than 5,000 and less than 10,000 and is within 100 feet of a |
18 | | church if: |
19 | | (1) the church was established at the location within |
20 | | 100 feet of the premises after a license for the sale of |
21 | | alcoholic liquor at the premises was first issued; |
22 | | (2) a license for sale of alcoholic liquor at the |
23 | | premises was first issued before January 1, 2007; and |
24 | | (3) a license for the sale of alcoholic liquor on the |
25 | | premises has been continuously in effect since January 1, |
26 | | 2007, except for interruptions between licenses of no more |
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1 | | than 90 days. |
2 | | (t) Notwithstanding any provision of this Section to the |
3 | | contrary, nothing in this Section shall prohibit the issuance |
4 | | or renewal of a
license authorizing the sale of alcoholic |
5 | | liquor
incidental to the sale of food within a restaurant that |
6 | | is established in a premises that is located in a municipality |
7 | | with a population in excess of 1,000,000 inhabitants and within |
8 | | 100 feet of a school and a church if: |
9 | | (1) the restaurant is located inside a five-story |
10 | | building with over 16,800 square feet of commercial space; |
11 | | (2) the area of the premises does not exceed 31,050 |
12 | | square feet; |
13 | | (3) the area of the restaurant does not exceed 5,800 |
14 | | square feet; |
15 | | (4) the building has no less than 78 condominium units; |
16 | | (5) the construction of the building in which the |
17 | | restaurant is located was completed in 2006; |
18 | | (6) the building has 10 storefront properties, 3 of |
19 | | which are used for the restaurant; |
20 | | (7) the restaurant will open for business in 2010; |
21 | | (8) the building is north of the school and separated |
22 | | by an alley; and |
23 | | (9) the principal religious leader of the church and |
24 | | either the alderman of the ward in which the school is |
25 | | located or the principal of the school have delivered a |
26 | | written statement to the local liquor control commissioner |
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1 | | stating that he or she does not object to the issuance of a |
2 | | license under this subsection (t). |
3 | | (u) Notwithstanding any provision in this Section to the |
4 | | contrary, nothing in this Section shall prohibit the issuance |
5 | | or renewal of a license to sell alcoholic liquor at a premises |
6 | | that is located within a municipality with a population in |
7 | | excess of 1,000,000 inhabitants and within 100 feet of a school |
8 | | if: |
9 | | (1) the premises operates as a restaurant and has been |
10 | | in operation since February 2008; |
11 | | (2) the applicant is the owner of the premises; |
12 | | (3) the sale of alcoholic liquor is incidental to the |
13 | | sale of food; |
14 | | (4) the sale of alcoholic liquor is not the principal |
15 | | business carried on by the licensee on the premises; |
16 | | (5) the premises occupy the first floor of a 3-story |
17 | | building that is at least 90 years old; |
18 | | (6) the rear lot of the school and the rear corner of |
19 | | the building that the premises occupy are separated by an |
20 | | alley; |
21 | | (7) the distance from the southwest corner of the |
22 | | property line of the school and the northeast corner of the |
23 | | building that the premises occupy is at least 16 feet, 5 |
24 | | inches; |
25 | | (8) the distance from the rear door of the premises to |
26 | | the southwest corner of the property line of the school is |
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1 | | at least 93 feet; |
2 | | (9) the school is a City of Chicago School District 299 |
3 | | school; |
4 | | (10) the school's main structure was erected in 1902 |
5 | | and an addition was built to the main structure in 1959; |
6 | | and |
7 | | (11) the principal of the school and the alderman in |
8 | | whose district the premises are located have expressed, in |
9 | | writing, their support for the issuance of the license. |
10 | | (v) Notwithstanding any provision in this Section to the |
11 | | contrary, nothing in this Section shall prohibit the issuance |
12 | | or renewal of a license authorizing the sale of alcoholic |
13 | | liquor at a premises that is located within a municipality with |
14 | | a population in excess of 1,000,000 inhabitants and is within |
15 | | 100 feet of a school if: |
16 | | (1) the total land area of the premises for which the |
17 | | license or renewal is sought is more than 600,000 square |
18 | | feet; |
19 | | (2) the premises for which the license or renewal is |
20 | | sought has more than 600 parking stalls; |
21 | | (3) the total area of all buildings on the premises for |
22 | | which the license or renewal is sought exceeds 140,000 |
23 | | square feet; |
24 | | (4) the property line of the premises for which the |
25 | | license or renewal is sought is separated from the property |
26 | | line of the school by a street; |
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1 | | (5) the distance from the school's property line to the |
2 | | property line of the premises for which the license or |
3 | | renewal is sought is at least 60 feet; |
4 | | (6) as of June 14, 2011 (the effective date of Public |
5 | | Act 97-9), the premises for which the license or renewal is |
6 | | sought is located in the Illinois Medical District. |
7 | | (w) Notwithstanding any provision in this Section to the |
8 | | contrary, nothing in this Section shall prohibit the issuance |
9 | | or renewal of a license to sell alcoholic liquor at a premises |
10 | | that is located within a municipality with a population in |
11 | | excess of 1,000,000 inhabitants and within 100 feet of a church |
12 | | if: |
13 | | (1) the sale of alcoholic liquor at the premises is |
14 | | incidental to the sale of food; |
15 | | (2) the sale of alcoholic liquor is not the principal
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16 | | business carried on by the licensee at the premises; |
17 | | (3) the premises occupy the first floor and basement of |
18 | | a 2-story building that is 106 years old; |
19 | | (4) the premises is at least 7,000 square feet and |
20 | | located on a lot that is at least 11,000 square feet; |
21 | | (5) the premises is located directly west of the |
22 | | church, on perpendicular streets, and separated by an |
23 | | alley; |
24 | | (6) the distance between the
property line of the |
25 | | premises and the property line of the church is at least 20 |
26 | | feet; |
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1 | | (7) the distance between the primary entrance of the |
2 | | premises and the primary entrance of the church is at least |
3 | | 130 feet; and |
4 | | (8) the church has been at its location for at least 40 |
5 | | years. |
6 | | (x) Notwithstanding any provision of this Section to the |
7 | | contrary, nothing in this Section shall prohibit the issuance |
8 | | or renewal of a license authorizing the sale of alcoholic |
9 | | liquor at a premises that is located within a municipality with |
10 | | a population in excess of 1,000,000 inhabitants and within 100 |
11 | | feet of a church if: |
12 | | (1) the sale of alcoholic liquor is not the principal |
13 | | business carried on by the licensee at the premises; |
14 | | (2) the church has been operating in its current |
15 | | location since 1973; |
16 | | (3) the premises has been operating in its current |
17 | | location since 1988; |
18 | | (4) the church and the premises are owned by the same |
19 | | parish; |
20 | | (5) the premises is used for cultural and educational |
21 | | purposes; |
22 | | (6) the primary entrance to the premises and the |
23 | | primary entrance to the church are located on the same |
24 | | street; |
25 | | (7) the principal religious leader of the church has |
26 | | indicated his support of the issuance of the license; |
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| | HB0950 Engrossed | - 19 - | LRB099 04793 RPS 24822 b |
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1 | | (8) the premises is a 2-story building of approximately |
2 | | 23,000 square feet; and |
3 | | (9) the premises houses a ballroom on its ground floor |
4 | | of approximately 5,000 square feet. |
5 | | (y) Notwithstanding any provision of this Section to the |
6 | | contrary, nothing in this Section shall prohibit the issuance |
7 | | or renewal of a license authorizing the sale of alcoholic |
8 | | liquor at a premises that is located within a municipality with |
9 | | a population in excess of 1,000,000 inhabitants and within 100 |
10 | | feet of a school if: |
11 | | (1) the sale of alcoholic liquor is not the principal |
12 | | business carried on by the licensee at the premises; |
13 | | (2) the sale of alcoholic liquor at the premises is |
14 | | incidental to the sale of food; |
15 | | (3) according to the municipality, the distance |
16 | | between the east property line of the premises and the west |
17 | | property line of the school is 97.8 feet; |
18 | | (4) the school is a City of Chicago School District 299 |
19 | | school; |
20 | | (5) the school has been operating since 1959; |
21 | | (6) the primary entrance to the premises and the |
22 | | primary entrance to the school are located on the same |
23 | | street; |
24 | | (7) the street on which the entrances of the premises |
25 | | and the school are located is a major diagonal |
26 | | thoroughfare; |
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| | HB0950 Engrossed | - 20 - | LRB099 04793 RPS 24822 b |
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1 | | (8) the premises is a single-story building of |
2 | | approximately 2,900 square feet; and |
3 | | (9) the premises is used for commercial purposes only. |
4 | | (z) Notwithstanding any provision of this Section to the |
5 | | contrary, nothing in this Section shall prohibit the issuance |
6 | | or renewal of a license authorizing the sale of alcoholic |
7 | | liquor at a premises that is located within a municipality with |
8 | | a population in excess of 1,000,000 inhabitants and within 100 |
9 | | feet of a mosque if: |
10 | | (1) the sale of alcoholic liquor is not the principal |
11 | | business carried on by the licensee at the premises; |
12 | | (2) the licensee shall only sell packaged liquors at |
13 | | the premises; |
14 | | (3) the licensee is a national retail chain having over |
15 | | 100 locations within the municipality; |
16 | | (4) the licensee has over 8,000 locations nationwide; |
17 | | (5) the licensee has locations in all 50 states; |
18 | | (6) the premises is located in the North-East quadrant |
19 | | of the municipality; |
20 | | (7) the premises is a free-standing building that has |
21 | | "drive-through" pharmacy service; |
22 | | (8) the premises has approximately 14,490 square feet |
23 | | of retail space; |
24 | | (9) the premises has approximately 799 square feet of |
25 | | pharmacy space; |
26 | | (10) the premises is located on a major arterial street |
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| | HB0950 Engrossed | - 21 - | LRB099 04793 RPS 24822 b |
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1 | | that runs east-west and accepts truck traffic; and |
2 | | (11) the alderman of the ward in which the premises is |
3 | | located has expressed, in writing, his or her support for |
4 | | the issuance of the license. |
5 | | (aa) Notwithstanding any provision of this Section to the |
6 | | contrary, nothing in this Section shall prohibit the issuance |
7 | | or renewal of a license authorizing the sale of alcoholic |
8 | | liquor at a premises that is located within a municipality with |
9 | | a population in excess of 1,000,000 inhabitants and within 100 |
10 | | feet of a church if: |
11 | | (1) the sale of alcoholic liquor is not the principal |
12 | | business carried on by the licensee at the premises; |
13 | | (2) the licensee shall only sell packaged liquors at |
14 | | the premises; |
15 | | (3) the licensee is a national retail chain having over |
16 | | 100 locations within the municipality; |
17 | | (4) the licensee has over 8,000 locations nationwide; |
18 | | (5) the licensee has locations in all 50 states; |
19 | | (6) the premises is located in the North-East quadrant |
20 | | of the municipality; |
21 | | (7) the premises is located across the street from a |
22 | | national grocery chain outlet; |
23 | | (8) the premises has approximately 16,148 square feet |
24 | | of retail space; |
25 | | (9) the premises has approximately 992 square feet of |
26 | | pharmacy space; |
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| | HB0950 Engrossed | - 22 - | LRB099 04793 RPS 24822 b |
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1 | | (10) the premises is located on a major arterial street |
2 | | that runs north-south and accepts truck traffic; and |
3 | | (11) the alderman of the ward in which the premises is |
4 | | located has expressed, in writing, his or her support for |
5 | | the issuance of the license. |
6 | | (bb) Notwithstanding any provision of this Section to the |
7 | | contrary, nothing in this Section shall prohibit the issuance |
8 | | or renewal of a license authorizing the sale of alcoholic |
9 | | liquor at a premises that is located within a municipality with |
10 | | a population in excess of 1,000,000 inhabitants and within 100 |
11 | | feet of a church if: |
12 | | (1) the sale of alcoholic liquor is not the principal |
13 | | business carried on by the licensee at the premises; |
14 | | (2) the sale of alcoholic liquor at the premises is |
15 | | incidental to the sale of food; |
16 | | (3) the primary entrance to the premises and the |
17 | | primary entrance to the church are located on the same |
18 | | street; |
19 | | (4) the premises is across the street from the church; |
20 | | (5) the street on which the premises and the church are |
21 | | located is a major arterial street that runs east-west; |
22 | | (6) the church is an elder-led and Bible-based Assyrian |
23 | | church; |
24 | | (7) the premises and the church are both single-story |
25 | | buildings; |
26 | | (8) the storefront directly west of the church is being |
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| | HB0950 Engrossed | - 23 - | LRB099 04793 RPS 24822 b |
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1 | | used as a restaurant; and |
2 | | (9) the distance between the northern-most property |
3 | | line of the premises and the southern-most property line of |
4 | | the church is 65 feet. |
5 | | (cc) Notwithstanding any provision of this Section to the |
6 | | contrary, nothing in this Section shall prohibit the issuance |
7 | | or renewal of a license authorizing the sale of alcoholic |
8 | | liquor at a premises that is located within a municipality with |
9 | | a population in excess of 1,000,000 inhabitants and within 100 |
10 | | feet of a school if: |
11 | | (1) the sale of alcoholic liquor is not the principal |
12 | | business carried on by the licensee at the premises; |
13 | | (2) the licensee shall only sell packaged liquors at |
14 | | the premises; |
15 | | (3) the licensee is a national retail chain; |
16 | | (4) as of October 25, 2011, the licensee has 1,767 |
17 | | stores operating nationwide, 87 stores operating in the |
18 | | State, and 10 stores operating within the municipality; |
19 | | (5) the licensee shall occupy approximately 124,000 |
20 | | square feet of space in the basement and first and second |
21 | | floors of a building located across the street from a |
22 | | school; |
23 | | (6) the school opened in August of 2009 and occupies |
24 | | approximately 67,000 square feet of space; and |
25 | | (7) the building in which the premises shall be located |
26 | | has been listed on the National Register of Historic Places |
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| | HB0950 Engrossed | - 24 - | LRB099 04793 RPS 24822 b |
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1 | | since April 17, 1970. |
2 | | (dd) Notwithstanding any provision in this Section to the |
3 | | contrary, nothing in this Section shall prohibit the issuance |
4 | | or renewal of a license authorizing the sale of alcoholic |
5 | | liquor within a full-service grocery store at a premises that |
6 | | is located within a municipality with a population in excess of |
7 | | 1,000,000 inhabitants and is within 100 feet of a school if: |
8 | | (1) the premises is constructed on land that was |
9 | | purchased from the municipality at a fair market price; |
10 | | (2) the premises is constructed on land that was |
11 | | previously used as a parking facility for public safety |
12 | | employees; |
13 | | (3) the sale of alcoholic liquor is not the principal |
14 | | business carried on by the licensee at the premises; |
15 | | (4) the main entrance to the store is more than 100 |
16 | | feet from the main entrance to the school; |
17 | | (5) the premises is to be new construction; |
18 | | (6) the school is a private school; |
19 | | (7) the principal of the school has given written |
20 | | approval for the license; |
21 | | (8) the alderman of the ward where the premises is |
22 | | located has given written approval of the issuance of the |
23 | | license; |
24 | | (9) the grocery store level of the premises is between |
25 | | 60,000 and 70,000 square feet; and |
26 | | (10) the owner and operator of the grocery store |
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| | HB0950 Engrossed | - 25 - | LRB099 04793 RPS 24822 b |
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1 | | operates 2 other grocery stores that have alcoholic liquor |
2 | | licenses within the same municipality. |
3 | | (ee) Notwithstanding any provision in this Section to the |
4 | | contrary, nothing in this Section shall prohibit the issuance |
5 | | or renewal of a license authorizing the sale of alcoholic |
6 | | liquor within a full-service grocery store at a premises that |
7 | | is located within a municipality with a population in excess of |
8 | | 1,000,000 inhabitants and is within 100 feet of a school if: |
9 | | (1) the premises is constructed on land that once |
10 | | contained an industrial steel facility; |
11 | | (2) the premises is located on land that has undergone |
12 | | environmental remediation; |
13 | | (3) the premises is located within a retail complex |
14 | | containing retail stores where some of the stores sell |
15 | | alcoholic beverages; |
16 | | (4) the principal activity of any restaurant in the |
17 | | retail complex is the sale of food, and the sale of |
18 | | alcoholic liquor is incidental to the sale of food; |
19 | | (5) the sale of alcoholic liquor is not the principal |
20 | | business carried on by the grocery store; |
21 | | (6) the entrance to any business that sells alcoholic |
22 | | liquor is more than 100 feet from the entrance to the |
23 | | school; |
24 | | (7) the alderman of the ward where the premises is |
25 | | located has given written approval of the issuance of the |
26 | | license; and |
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| | HB0950 Engrossed | - 26 - | LRB099 04793 RPS 24822 b |
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1 | | (8) the principal of the school has given written |
2 | | consent to the issuance of the license. |
3 | | (ff) Notwithstanding any provision of this Section to the |
4 | | contrary, nothing in this Section shall prohibit the issuance |
5 | | or renewal of a license authorizing the sale of alcoholic |
6 | | liquor at a premises that is located within a municipality with |
7 | | a population in excess of 1,000,000 inhabitants and within 100 |
8 | | feet of a school if: |
9 | | (1) the sale of alcoholic liquor is not the principal |
10 | | business carried on at the premises; |
11 | | (2) the sale of alcoholic liquor at the premises is |
12 | | incidental to the operation of a theater; |
13 | | (3) the premises is a one and one-half-story building |
14 | | of approximately 10,000 square feet; |
15 | | (4) the school is a City of Chicago School District 299 |
16 | | school; |
17 | | (5) the primary entrance of the premises and the |
18 | | primary entrance of the school are at least 300 feet apart |
19 | | and no more than 400 feet apart; |
20 | | (6) the alderman of the ward in which the premises is |
21 | | located has expressed, in writing, his support for the |
22 | | issuance of the license; and |
23 | | (7) the principal of the school has expressed, in |
24 | | writing, that there is no objection to the issuance of a |
25 | | license under this subsection (ff). |
26 | | (gg) Notwithstanding any provision of this Section to the |
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| | HB0950 Engrossed | - 27 - | LRB099 04793 RPS 24822 b |
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1 | | contrary, nothing in this Section shall prohibit the issuance |
2 | | or renewal of a license authorizing the sale of alcoholic |
3 | | liquor incidental to the sale of food within a restaurant or |
4 | | banquet facility established in a premises that is located in a |
5 | | municipality with a population in excess of 1,000,000 |
6 | | inhabitants and within 100 feet of a church if: |
7 | | (1) the sale of alcoholic liquor is not the principal |
8 | | business carried on by the licensee at the premises; |
9 | | (2) the property on which the church is located and the |
10 | | property on which the premises are located are both within |
11 | | a district originally listed on the National Register of |
12 | | Historic Places on February 14, 1979; |
13 | | (3) the property on which the premises are located |
14 | | contains one or more multi-story buildings that are at |
15 | | least 95 years old and have no more than three stories; |
16 | | (4) the building in which the church is located is at |
17 | | least 120 years old; |
18 | | (5) the property on which the church is located is |
19 | | immediately adjacent to and west of the property on which |
20 | | the premises are located; |
21 | | (6) the western boundary of the property on which the |
22 | | premises are located is no less than 118 feet in length and |
23 | | no more than 122 feet in length; |
24 | | (7) as of December 31, 2012, both the church property |
25 | | and the property on which the premises are located are |
26 | | within 250 feet of City of Chicago Business-Residential |
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| | HB0950 Engrossed | - 28 - | LRB099 04793 RPS 24822 b |
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1 | | Planned Development Number 38; |
2 | | (8) the principal religious leader at the place of |
3 | | worship has indicated his or her support for the issuance |
4 | | of the license in writing; and |
5 | | (9) the alderman in whose district the premises are |
6 | | located has expressed his or her support for the issuance |
7 | | of the license in writing. |
8 | | For the purposes of this subsection, "banquet facility" |
9 | | means the part of the building that is located on the floor |
10 | | above a restaurant and caters to private parties and where the |
11 | | sale of alcoholic liquors is not the principal business. |
12 | | (hh) Notwithstanding any provision of this Section to the |
13 | | contrary, nothing in this Section shall prohibit the issuance |
14 | | or renewal of a license authorizing the sale of alcoholic |
15 | | liquor within a hotel and at an outdoor patio area attached to |
16 | | the hotel that are located in a municipality with a population |
17 | | in excess of 1,000,000 inhabitants and that are within 100 feet |
18 | | of a hospital if: |
19 | | (1) the sale of alcoholic liquor is not the principal |
20 | | business carried on by the licensee at the hotel; |
21 | | (2) the hotel is located within the City of Chicago |
22 | | Business Planned Development Number 468; and |
23 | | (3) the hospital is located within the City of Chicago |
24 | | Institutional Planned Development Number 3. |
25 | | (ii) Notwithstanding any provision of this Section to the |
26 | | contrary, nothing in this Section shall prohibit the issuance |
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| | HB0950 Engrossed | - 29 - | LRB099 04793 RPS 24822 b |
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1 | | or renewal of a license authorizing the sale of alcoholic |
2 | | liquor within a restaurant and at an outdoor patio area |
3 | | attached to the restaurant that are located in a municipality |
4 | | with a population in excess of 1,000,000 inhabitants and that |
5 | | are within 100 feet of a church if: |
6 | | (1) the sale of alcoholic liquor at the premises is not |
7 | | the principal business carried on by the licensee and is |
8 | | incidental to the sale of food; |
9 | | (2) the restaurant has been operated on the street |
10 | | level of a 2-story building located on a corner lot since |
11 | | 2008; |
12 | | (3) the restaurant is between 3,700 and 4,000 square |
13 | | feet and sits on a lot that is no more than 6,200 square |
14 | | feet; |
15 | | (4) the primary entrance to the restaurant and the |
16 | | primary entrance to the church are located on the same |
17 | | street; |
18 | | (5) the street on which the restaurant and the church |
19 | | are located is a major east-west street; |
20 | | (6) the restaurant and the church are separated by a |
21 | | one-way northbound street; |
22 | | (7) the church is located to the west of and no more |
23 | | than 65 feet from the restaurant; and |
24 | | (8) the principal religious leader at the place of |
25 | | worship has indicated his or her consent to the issuance of |
26 | | the license in writing. |
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| | HB0950 Engrossed | - 30 - | LRB099 04793 RPS 24822 b |
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1 | | (jj) Notwithstanding any provision of this Section to the |
2 | | contrary, nothing in this Section shall prohibit the issuance |
3 | | or renewal of a license authorizing the sale of alcoholic |
4 | | liquor at premises located within a municipality with a |
5 | | population in excess of 1,000,000 inhabitants and within 100 |
6 | | feet of a church if: |
7 | | (1) the sale of alcoholic liquor is not the principal |
8 | | business carried on by the licensee at the premises; |
9 | | (2) the sale of alcoholic liquor is incidental to the |
10 | | sale of food; |
11 | | (3) the premises are located east of the church, on |
12 | | perpendicular streets, and separated by an alley; |
13 | | (4) the distance between the primary entrance of the |
14 | | premises and the primary entrance of the church is at least |
15 | | 175 feet; |
16 | | (5) the distance between the property line of the |
17 | | premises and the property line of the church is at least 40 |
18 | | feet; |
19 | | (6) the licensee has been operating at the premises |
20 | | since 2012; |
21 | | (7) the church was constructed in 1904; |
22 | | (8) the alderman of the ward in which the premises is |
23 | | located has expressed, in writing, his or her support for |
24 | | the issuance of the license; and |
25 | | (9) the principal religious leader of the church has |
26 | | delivered a written statement that he or she does not |
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| | HB0950 Engrossed | - 31 - | LRB099 04793 RPS 24822 b |
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1 | | object to the issuance of a license under this subsection |
2 | | (jj). |
3 | | (kk) Notwithstanding any provision of this Section to the |
4 | | contrary, nothing in this Section shall prohibit the issuance |
5 | | or renewal of a license authorizing the sale of alcoholic |
6 | | liquor at a premises that is located within a municipality with |
7 | | a population in excess of 1,000,000 inhabitants and within 100 |
8 | | feet of a school if: |
9 | | (1) the sale of alcoholic liquor is not the principal |
10 | | business carried on by the licensee at the premises; |
11 | | (2) the licensee shall only sell packaged liquors on |
12 | | the premises; |
13 | | (3) the licensee is a national retail chain; |
14 | | (4) as of February 27, 2013, the licensee had 1,778 |
15 | | stores operating nationwide, 89 operating in this State, |
16 | | and 11 stores operating within the municipality; |
17 | | (5) the licensee shall occupy approximately 169,048 |
18 | | square feet of space within a building that is located |
19 | | across the street from a tuition-based preschool; and |
20 | | (6) the alderman of the ward in which the premises is |
21 | | located has expressed, in writing, his or her support for |
22 | | the issuance of the license. |
23 | | (ll) Notwithstanding any provision of this Section to the |
24 | | contrary, nothing in this Section shall prohibit the issuance |
25 | | or renewal of a license authorizing the sale of alcoholic |
26 | | liquor at a premises that is located within a municipality with |
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| | HB0950 Engrossed | - 32 - | LRB099 04793 RPS 24822 b |
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1 | | a population in excess of 1,000,000 inhabitants and within 100 |
2 | | feet of a school if: |
3 | | (1) the sale of alcoholic liquor is not the principal |
4 | | business carried on by the licensee at the premises; |
5 | | (2) the licensee shall only sell packaged liquors on |
6 | | the premises; |
7 | | (3) the licensee is a national retail chain; |
8 | | (4) as of February 27, 2013, the licensee had 1,778 |
9 | | stores operating nationwide, 89 operating in this State, |
10 | | and 11 stores operating within the municipality; |
11 | | (5) the licensee shall occupy approximately 191,535 |
12 | | square feet of space within a building that is located |
13 | | across the street from an elementary school; and |
14 | | (6) the alderman of the ward in which the premises is |
15 | | located has expressed, in writing, his or her support for |
16 | | the issuance of the license. |
17 | | (mm) Notwithstanding any provision of this Section to the |
18 | | contrary, nothing in this Section shall prohibit the issuance |
19 | | or renewal of a license authorizing the sale of alcoholic |
20 | | liquor within premises and at an outdoor patio or sidewalk |
21 | | cafe, or both, attached to premises that are located in a |
22 | | municipality with a population in excess of 1,000,000 |
23 | | inhabitants and that are within 100 feet of a hospital if: |
24 | | (1) the primary business of the restaurant consists of |
25 | | the sale of food where the sale of liquor is incidental to |
26 | | the sale of food; |
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| | HB0950 Engrossed | - 33 - | LRB099 04793 RPS 24822 b |
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1 | | (2) as a restaurant, the premises may or may not offer |
2 | | catering as an incidental part of food service; |
3 | | (3) the primary business of the restaurant is conducted |
4 | | in space owned by a hospital or an entity owned or |
5 | | controlled by, under common control with, or that controls |
6 | | a hospital, and the chief hospital administrator has |
7 | | expressed his or her support for the issuance of the |
8 | | license in writing; and |
9 | | (4) the hospital is an adult acute care facility |
10 | | primarily located within the City of Chicago Institutional |
11 | | Planned Development Number 3. |
12 | | (nn) Notwithstanding any provision of this Section to the |
13 | | contrary, nothing in this Section shall prohibit the issuance |
14 | | or renewal of a license authorizing the sale of alcoholic |
15 | | liquor at a premises that is located within a municipality with |
16 | | a population in excess of 1,000,000 inhabitants and within 100 |
17 | | feet of a church if: |
18 | | (1) the sale of alcoholic liquor is not the principal |
19 | | business carried out on the premises; |
20 | | (2) the sale of alcoholic liquor at the premises is |
21 | | incidental to the operation of a theater; |
22 | | (3) the premises are a building that was constructed in |
23 | | 1913 and opened on May 24, 1915 as a vaudeville theater, |
24 | | and the premises were converted to a motion picture theater |
25 | | in 1935; |
26 | | (4) the church was constructed in 1889 with a stone |
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| | HB0950 Engrossed | - 34 - | LRB099 04793 RPS 24822 b |
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1 | | exterior; |
2 | | (5) the primary entrance of the premises and the |
3 | | primary entrance of the church are at least 100 feet apart; |
4 | | and |
5 | | (6) the principal religious leader at the place of |
6 | | worship has indicated his or her consent to the issuance of |
7 | | the license in writing; and |
8 | | (7) the alderman in whose ward the premises are located |
9 | | has expressed his or her support for the issuance of the |
10 | | license in writing. |
11 | | (oo) Notwithstanding any provision of this Section to the |
12 | | contrary, nothing in this Section shall prohibit the issuance |
13 | | or renewal of a license authorizing the sale of alcoholic |
14 | | liquor at a premises that is located within a municipality with |
15 | | a population in excess of 1,000,000 inhabitants and within 100 |
16 | | feet of a mosque, church, or other place of worship if: |
17 | | (1) the primary entrance of the premises and the |
18 | | primary entrance of the mosque, church, or other place of |
19 | | worship are perpendicular and are on different streets; |
20 | | (2) the primary entrance to the premises faces West and |
21 | | the primary entrance to the mosque, church, or other place |
22 | | of worship faces South; |
23 | | (3) the distance between the 2 primary entrances is at |
24 | | least 100 feet; |
25 | | (4) the mosque, church, or other place of worship was |
26 | | established in a location within 100 feet of the premises |
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| | HB0950 Engrossed | - 35 - | LRB099 04793 RPS 24822 b |
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1 | | after a license for the sale of alcohol at the premises was |
2 | | first issued; |
3 | | (5) the mosque, church, or other place of worship was |
4 | | established on or around January 1, 2011; |
5 | | (6) a license for the sale of alcohol at the premises |
6 | | was first issued on or before January 1, 1985; |
7 | | (7) a license for the sale of alcohol at the premises |
8 | | has been continuously in effect since January 1, 1985, |
9 | | except for interruptions between licenses of no more than |
10 | | 90 days; and |
11 | | (8) the premises are a single-story, single-use |
12 | | building of at least 3,000 square feet and no more than |
13 | | 3,380 square feet. |
14 | | (pp) Notwithstanding any provision of this Section to the |
15 | | contrary, nothing in this Section shall prohibit the issuance |
16 | | or renewal of a license authorizing the sale of alcoholic |
17 | | liquor incidental to the sale of food within a restaurant or |
18 | | banquet facility established on premises that are located in a |
19 | | municipality with a population in excess of 1,000,000 |
20 | | inhabitants and within 100 feet of at least one church if: |
21 | | (1) the sale of liquor shall not be the principal |
22 | | business carried on by the licensee at the premises; |
23 | | (2) the premises are at least 2,000 square feet and no |
24 | | more than 10,000 square feet and is located in a |
25 | | single-story building; |
26 | | (3) the property on which the premises are located is |
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| | HB0950 Engrossed | - 36 - | LRB099 04793 RPS 24822 b |
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1 | | within an area that, as of 2009, was designated as a |
2 | | Renewal Community by the United States Department of |
3 | | Housing and Urban Development; |
4 | | (4) the property on which the premises are located and |
5 | | the properties on which the churches are located are on the |
6 | | same street; |
7 | | (5) the property on which the premises are located is |
8 | | immediately adjacent to and east of the property on which |
9 | | at least one of the churches is located; |
10 | | (6) the property on which the premises are located is |
11 | | across the street and southwest of the property on which |
12 | | another church is located; |
13 | | (7) the principal religious leaders of the churches |
14 | | have indicated their support for the issuance of the |
15 | | license in writing; and |
16 | | (8) the alderman in whose ward the premises are located |
17 | | has expressed his or her support for the issuance of the |
18 | | license in writing. |
19 | | For purposes of this subsection (pp), "banquet facility" |
20 | | means the part of the building that caters to private parties |
21 | | and where the sale of alcoholic liquors is not the principal |
22 | | business. |
23 | | (qq) Notwithstanding any provision of this Section to the |
24 | | contrary, nothing in this Section shall prohibit the issuance |
25 | | or renewal of a license authorizing the sale of alcoholic |
26 | | liquor on premises that are located within a municipality with |
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| | HB0950 Engrossed | - 37 - | LRB099 04793 RPS 24822 b |
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1 | | a population in excess of 1,000,000 inhabitants and within 100 |
2 | | feet of a church or school if: |
3 | | (1) the primary entrance of the premises and the |
4 | | closest entrance of the church or school are at least 200 |
5 | | feet apart and no greater than 300 feet apart; |
6 | | (2) the shortest distance between the premises and the |
7 | | church or school is at least 66 feet apart and no greater |
8 | | than 81 feet apart; |
9 | | (3) the premises are a single-story, steel-framed |
10 | | commercial building with at least 18,042 square feet, and |
11 | | was constructed in 1925 and 1997; |
12 | | (4) the owner of the business operated within the |
13 | | premises has been the general manager of a similar |
14 | | supermarket within one mile from the premises, which has |
15 | | had a valid license authorizing the sale of alcoholic |
16 | | liquor since 2002, and is in good standing with the City of |
17 | | Chicago; |
18 | | (5) the principal religious leader at the place of |
19 | | worship has indicated his or her support to the issuance or |
20 | | renewal of the license in writing; |
21 | | (6) the alderman of the ward has indicated his or her |
22 | | support to the issuance or renewal of the license in |
23 | | writing; and |
24 | | (7) the principal of the school has indicated his or |
25 | | her support to the issuance or renewal of the license in |
26 | | writing. |
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| | HB0950 Engrossed | - 38 - | LRB099 04793 RPS 24822 b |
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1 | | (rr) Notwithstanding any provision of this Section to the |
2 | | contrary, nothing in this Section shall prohibit the issuance |
3 | | or renewal of a license authorizing the sale of alcoholic |
4 | | liquor at premises located within a municipality with a |
5 | | population in excess of 1,000,000 inhabitants and within 100 |
6 | | feet of a club that leases space to a school if: |
7 | | (1) the sale of alcoholic liquor is not the principal |
8 | | business carried out on the premises; |
9 | | (2) the sale of alcoholic liquor at the premises is |
10 | | incidental to the operation of a grocery store; |
11 | | (3) the premises are a building of approximately 1,750 |
12 | | square feet and is rented by the owners of the grocery |
13 | | store from a family member; |
14 | | (4) the property line of the premises is approximately |
15 | | 68 feet from the property line of the club; |
16 | | (5) the primary entrance of the premises and the |
17 | | primary entrance of the club where the school leases space |
18 | | are at least 100 feet apart; |
19 | | (6) the director of the club renting space to the |
20 | | school has indicated his or her consent to the issuance of |
21 | | the license in writing; and |
22 | | (7) the alderman in whose district the premises are |
23 | | located has expressed his or her support for the issuance |
24 | | of the license in writing. |
25 | | (ss) Notwithstanding any provision of this Section to the |
26 | | contrary, nothing in this Section shall prohibit the issuance |
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| | HB0950 Engrossed | - 39 - | LRB099 04793 RPS 24822 b |
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1 | | or renewal of a license authorizing the sale of alcoholic |
2 | | liquor at premises located within a municipality with a |
3 | | population in excess of 1,000,000 inhabitants and within 100 |
4 | | feet of a church if: |
5 | | (1) the premises are located within a 15 unit building |
6 | | with 13 residential apartments and 2 commercial spaces, and |
7 | | the licensee will occupy both commercial spaces; |
8 | | (2) a restaurant has been operated on the premises |
9 | | since June 2011; |
10 | | (3) the restaurant currently occupies 1,075 square |
11 | | feet, but will be expanding to include 975 additional |
12 | | square feet; |
13 | | (4) the sale of alcoholic liquor is not the principal |
14 | | business carried on by the licensee at the premises; |
15 | | (5) the premises are located south of the church and on |
16 | | the same street and are separated by a one-way westbound |
17 | | street; |
18 | | (6) the primary entrance of the premises is at least 93 |
19 | | feet from the primary entrance of the church; |
20 | | (7) the shortest distance between any part of the |
21 | | premises and any part of the church is at least 72 feet; |
22 | | (8) the building in which the restaurant is located was |
23 | | built in 1910; |
24 | | (9) the alderman of the ward in which the premises are |
25 | | located has expressed, in writing, his or her support for |
26 | | the issuance of the license; and |
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| | HB0950 Engrossed | - 40 - | LRB099 04793 RPS 24822 b |
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1 | | (10) the principal religious leader of the church has |
2 | | delivered a written statement that he or she does not |
3 | | object to the issuance of a license under this subsection |
4 | | (ss). |
5 | | (tt) Notwithstanding any provision of this Section to the |
6 | | contrary, nothing in this Section shall prohibit the issuance |
7 | | or renewal of a license authorizing the sale of alcoholic |
8 | | liquor at premises located within a municipality with a |
9 | | population in excess of 1,000,000 inhabitants and within 100 |
10 | | feet of a church if: |
11 | | (1) the sale of alcoholic liquor is not the principal |
12 | | business carried on by the licensee at the premises; |
13 | | (2) the sale of alcoholic liquor is incidental to the |
14 | | sale of food; |
15 | | (3) the sale of alcoholic liquor at the premises was |
16 | | previously authorized by a package goods liquor license; |
17 | | (4) the premises are at least 40,000 square feet with |
18 | | 25 parking spaces in the contiguous surface lot to the |
19 | | north of the store and 93 parking spaces on the roof; |
20 | | (5) the shortest distance between the lot line of the |
21 | | parking lot of the premises and the exterior wall of the |
22 | | church is at least 80 feet; |
23 | | (6) the distance between the building in which the |
24 | | church is located and the building in which the premises |
25 | | are located is at least 180 feet; |
26 | | (7) the main entrance to the church faces west and is |
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| | HB0950 Engrossed | - 41 - | LRB099 04793 RPS 24822 b |
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1 | | at least 257 feet from the main entrance of the premises; |
2 | | and |
3 | | (8) the applicant is the owner of 10 similar grocery |
4 | | stores within the City of Chicago and the surrounding area |
5 | | and has been in business for more than 30 years. |
6 | | (uu) Notwithstanding any provision of this Section to the |
7 | | contrary, nothing in this Section shall prohibit the issuance |
8 | | or renewal of a license authorizing the sale of alcoholic |
9 | | liquor at premises located within a municipality with a |
10 | | population in excess of 1,000,000 inhabitants and within 100 |
11 | | feet of a church if: |
12 | | (1) the sale of alcoholic liquor is not the principal |
13 | | business carried on by the licensee at the premises; |
14 | | (2) the sale of alcoholic liquor is incidental to the |
15 | | operation of a grocery store; |
16 | | (3) the premises are located in a building that is |
17 | | approximately 68,000 square feet with 157 parking spaces on |
18 | | property that was previously vacant land; |
19 | | (4) the main entrance to the church faces west and is |
20 | | at least 500 feet from the entrance of the premises, which |
21 | | faces north; |
22 | | (5) the church and the premises are separated by an |
23 | | alley; |
24 | | (6) the applicant is the owner of 9 similar grocery |
25 | | stores in the City of Chicago and the surrounding area and |
26 | | has been in business for more than 40 years; and |
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| | HB0950 Engrossed | - 42 - | LRB099 04793 RPS 24822 b |
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1 | | (7) the alderman of the ward in which the premises are |
2 | | located has expressed, in writing, his or her support for |
3 | | the issuance of the license. |
4 | | (vv) Notwithstanding any provision of this Section to the |
5 | | contrary, nothing in this Section shall prohibit the issuance |
6 | | or renewal of a license authorizing the sale of alcoholic |
7 | | liquor at premises located within a municipality with a |
8 | | population in excess of 1,000,000 inhabitants and within 100 |
9 | | feet of a church if: |
10 | | (1) the sale of alcoholic liquor is the principal |
11 | | business carried on by the licensee at the premises; |
12 | | (2) the sale of alcoholic liquor is primary to the sale |
13 | | of food; |
14 | | (3) the premises are located south of the church and on |
15 | | perpendicular streets and are separated by a driveway; |
16 | | (4) the primary entrance of the premises is at least |
17 | | 100 feet from the primary entrance of the church; |
18 | | (5) the shortest distance between any part of the |
19 | | premises and any part of the church is at least 15 feet; |
20 | | (6) the premises are less than 100 feet from the church |
21 | | center, but greater than 100 feet from the area within the |
22 | | building where church services are held; |
23 | | (7) the premises are 25,830 square feet and sit on a |
24 | | lot that is 0.48 acres; |
25 | | (8) the premises were once designated as a Korean |
26 | | American Presbyterian Church and were once used as a |
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| | HB0950 Engrossed | - 43 - | LRB099 04793 RPS 24822 b |
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1 | | Masonic Temple; |
2 | | (9) the premises were built in 1910; |
3 | | (10) the alderman of the ward in which the premises are |
4 | | located has expressed, in writing, his or her support for |
5 | | the issuance of the license; and |
6 | | (11) the principal religious leader of the church has |
7 | | delivered a written statement that he or she does not |
8 | | object to the issuance of a license under this subsection |
9 | | (vv). |
10 | | For the purposes of this subsection (vv), "premises" means |
11 | | a place of business together with a privately owned outdoor |
12 | | location that is adjacent to the place of business.
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13 | | (ww) Notwithstanding any provision of this Section to the
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14 | | contrary, nothing in this Section shall prohibit the issuance
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15 | | or renewal of a license authorizing the sale of alcoholic
|
16 | | liquor at premises located within a municipality with a
|
17 | | population in excess of 1,000,000 inhabitants and within 100
|
18 | | feet of a school if: |
19 | | (1) the school is located within Sub Area III of City |
20 | | of Chicago Residential-Business Planned Development Number |
21 | | 523, as amended; and |
22 | | (2) the premises are located within Sub Area I, Sub |
23 | | Area II, or Sub Area IV of City of Chicago |
24 | | Residential-Business Planned Development Number 523, as |
25 | | amended. |
26 | | (xx) Notwithstanding any provision of this Section to the |
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| | HB0950 Engrossed | - 44 - | LRB099 04793 RPS 24822 b |
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1 | | contrary, nothing in this Section shall prohibit the issuance |
2 | | or renewal of a license authorizing the sale of alcoholic |
3 | | liquor at premises located within a municipality with a |
4 | | population in excess of 1,000,000 inhabitants and within 100 |
5 | | feet of a church if: |
6 | | (1) the sale of wine or wine-related products is the |
7 | | exclusive business carried on by the licensee at the |
8 | | premises; |
9 | | (2) the primary entrance of the premises and the |
10 | | primary entrance of the church are at least 100 feet apart |
11 | | and are located on different streets; |
12 | | (3) the building in which the premises are located and |
13 | | the building in which the church is located are separated |
14 | | by an alley; |
15 | | (4) the premises consists of less than 2,000 square |
16 | | feet of floor area dedicated to the sale of wine or |
17 | | wine-related products; |
18 | | (5) the premises are located on the first floor of a |
19 | | 2-story building that is at least 99 years old and has a |
20 | | residential unit on the second floor; and |
21 | | (6) the principal religious leader at the church has |
22 | | indicated his or her support for the issuance or renewal of |
23 | | the license in writing. |
24 | | (yy) Notwithstanding any provision of this Section to the |
25 | | contrary, nothing in this Section shall prohibit the issuance |
26 | | or renewal of a license authorizing the sale of alcoholic |
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| | HB0950 Engrossed | - 45 - | LRB099 04793 RPS 24822 b |
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1 | | liquor at premises located within a municipality with a |
2 | | population in excess of 1,000,000 inhabitants and within 100 |
3 | | feet of a church if: |
4 | | (1) the premises are a 27-story hotel containing 191 |
5 | | guest rooms; |
6 | | (2) the sale of alcoholic liquor is not the principal |
7 | | business carried on by the licensee at the premises and is |
8 | | limited to a restaurant located on the first floor of the |
9 | | hotel; |
10 | | (3) the hotel is adjacent to the church; |
11 | | (4) the site is zoned as DX-16; |
12 | | (5) the principal religious leader of the church has |
13 | | delivered a written statement that he or she does not |
14 | | object to the issuance of a license under this subsection |
15 | | (yy); and |
16 | | (6) the alderman of the ward in which the premises are |
17 | | located has expressed, in writing, his or her support for |
18 | | the issuance of the license. |
19 | | (zz) Notwithstanding any provision of this Section to the |
20 | | contrary, nothing in this Section shall prohibit the issuance |
21 | | or renewal of a license authorizing the sale of alcoholic |
22 | | liquor at premises located within a municipality with a |
23 | | population in excess of 1,000,000 inhabitants and within 100 |
24 | | feet of a church if: |
25 | | (1) the premises are a 15-story hotel containing 143 |
26 | | guest rooms; |
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| | HB0950 Engrossed | - 46 - | LRB099 04793 RPS 24822 b |
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1 | | (2) the premises are approximately 85,691 square feet; |
2 | | (3) a restaurant is operated on the premises; |
3 | | (4) the restaurant is located in the first floor lobby |
4 | | of the hotel; |
5 | | (5) the sale of alcoholic liquor is not the principal |
6 | | business carried on by the licensee at the premises; |
7 | | (6) the hotel is located approximately 50 feet from the |
8 | | church and is separated from the church by a public street |
9 | | on the ground level and by air space on the upper level, |
10 | | which is where the public entrances are located; |
11 | | (7) the site is zoned as DX-16; |
12 | | (8) the principal religious leader of the church has |
13 | | delivered a written statement that he or she does not |
14 | | object to the issuance of a license under this subsection |
15 | | (zz); and |
16 | | (9) the alderman of the ward in which the premises are |
17 | | located has expressed, in writing, his or her support for |
18 | | the issuance of the license. |
19 | | (aaa) Notwithstanding any provision in this Section to the |
20 | | contrary, nothing in this Section shall prohibit the issuance |
21 | | or renewal of a license authorizing the sale of alcoholic |
22 | | liquor within a full-service grocery store at premises located |
23 | | within a municipality with a population in excess of 1,000,000 |
24 | | inhabitants and within 100 feet of a school if: |
25 | | (1) the sale of alcoholic liquor is not the primary |
26 | | business activity of the grocery store; |
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| | HB0950 Engrossed | - 47 - | LRB099 04793 RPS 24822 b |
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1 | | (2) the premises are newly constructed on land that was |
2 | | formerly used by the Young Men's Christian Association; |
3 | | (3) the grocery store is located within a planned |
4 | | development that was approved by the municipality in 2007; |
5 | | (4) the premises are located in a multi-building, |
6 | | mixed-use complex; |
7 | | (5) the entrance to the grocery store is located more |
8 | | than 200 feet from the entrance to the school; |
9 | | (6) the entrance to the grocery store is located across |
10 | | the street from the back of the school building, which is |
11 | | not used for student or public access; |
12 | | (7) the grocery store executed a binding lease for the |
13 | | property in 2008; |
14 | | (8) the premises consist of 2 levels and occupy more |
15 | | than 80,000 square feet; |
16 | | (9) the owner and operator of the grocery store |
17 | | operates at least 10 other grocery stores that have |
18 | | alcoholic liquor licenses within the same municipality; |
19 | | and |
20 | | (10) the director of the school has expressed, in |
21 | | writing, his or her support for the issuance of the |
22 | | license. |
23 | | (bbb) Notwithstanding any provision of this Section to the |
24 | | contrary, nothing in this Section shall prohibit the issuance |
25 | | or renewal of a license authorizing the sale of alcoholic |
26 | | liquor at premises located within a municipality with a |
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| | HB0950 Engrossed | - 48 - | LRB099 04793 RPS 24822 b |
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1 | | population in excess of 1,000,000 inhabitants and within 100 |
2 | | feet of a church if: |
3 | | (1) the sale of alcoholic liquor at the premises is |
4 | | incidental to the sale of food; |
5 | | (2) the premises are located in a single-story building |
6 | | of primarily brick construction containing at least 6 |
7 | | commercial units constructed before 1940; |
8 | | (3) the premises are located in a B3-2 zoning district; |
9 | | (4) the premises are less than 4,000 square feet; |
10 | | (5) the church established its congregation in 1891 and |
11 | | completed construction of the church building in 1990; |
12 | | (6) the premises are located south of the church; |
13 | | (7) the premises and church are located on the same |
14 | | street and are separated by a one-way westbound street; and |
15 | | (8) the principal religious leader of the church has |
16 | | not indicated his or her opposition to the issuance or |
17 | | renewal of the license in writing. |
18 | | (ccc) Notwithstanding any provision of this Section to the |
19 | | contrary, nothing in this Section shall prohibit the issuance |
20 | | or renewal of a license authorizing the sale of alcoholic |
21 | | liquor within a full-service grocery store at premises located |
22 | | within a municipality with a population in excess of 1,000,000 |
23 | | inhabitants and within 100 feet of a church and school if: |
24 | | (1) as of March 14, 2007, the premises are located in a |
25 | | City of Chicago Residential-Business Planned Development |
26 | | No. 1052; |
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| | HB0950 Engrossed | - 49 - | LRB099 04793 RPS 24822 b |
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1 | | (2) the sale of alcoholic liquor is not the principal |
2 | | business carried on by the licensee at the premises; |
3 | | (3) the sale of alcoholic liquor is incidental to the |
4 | | operation of a grocery store and comprises no more than 10% |
5 | | of the total in-store sales; |
6 | | (4) the owner and operator of the grocery store |
7 | | operates at least 10 other grocery stores that have |
8 | | alcoholic liquor licenses within the same municipality; |
9 | | (5) the premises are new construction when the license |
10 | | is first issued; |
11 | | (6) the constructed premises are to be no less than |
12 | | 50,000 square feet; |
13 | | (7) the school is a private church-affiliated school; |
14 | | (8) the premises and the property containing the church |
15 | | and church-affiliated school are located on perpendicular |
16 | | streets and the school and church are adjacent to one |
17 | | another; |
18 | | (9) the pastor of the church and school has expressed, |
19 | | in writing, support for the issuance of the license; and |
20 | | (10) the alderman of the ward in which the premises are |
21 | | located has expressed, in writing, his or her support for |
22 | | the issuance of the license. |
23 | | (ddd) Notwithstanding any provision of this Section to the |
24 | | contrary, nothing in this Section shall prohibit the issuance |
25 | | or renewal of a license authorizing the sale of alcoholic |
26 | | liquor at premises located within a municipality with a |
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| | HB0950 Engrossed | - 50 - | LRB099 04793 RPS 24822 b |
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1 | | population in excess of 1,000,000 inhabitants and within 100 |
2 | | feet of a church or school if: |
3 | | (1) the business has been issued a license from the |
4 | | municipality to allow the business to operate a theater on |
5 | | the premises; |
6 | | (2) the theater has less than 200 seats; |
7 | | (3) the premises are approximately 2,700 to 3,100 |
8 | | square feet of space; |
9 | | (4) the premises are located to the north of the |
10 | | church; |
11 | | (5) the primary entrance of the premises and the |
12 | | primary entrance of any church within 100 feet of the |
13 | | premises are located either on a different street or across |
14 | | a right-of-way from the premises; |
15 | | (6) the primary entrance of the premises and the |
16 | | primary entrance of any school within 100 feet of the |
17 | | premises are located either on a different street or across |
18 | | a right-of-way from the premises; |
19 | | (7) the premises are located in a building that is at |
20 | | least 100 years old; and |
21 | | (8) any church or school located within 100 feet of the |
22 | | premises has indicated its support for the issuance or |
23 | | renewal of the license to the premises in writing. |
24 | | (eee) Notwithstanding any provision of this Section to the |
25 | | contrary, nothing in this Section shall prohibit the issuance |
26 | | or renewal of a license authorizing the sale of alcoholic |
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| | HB0950 Engrossed | - 51 - | LRB099 04793 RPS 24822 b |
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1 | | liquor at premises located within a municipality with a |
2 | | population in excess of 1,000,000 inhabitants and within 100 |
3 | | feet of a church and school if: |
4 | | (1) the sale of alcoholic liquor is incidental to the |
5 | | sale of food; |
6 | | (2) the sale of alcoholic liquor is not the principal |
7 | | business carried on by the applicant on the premises; |
8 | | (3) a family-owned restaurant has operated on the |
9 | | premises since 1957; |
10 | | (4) the premises occupy the first floor of a 3-story |
11 | | building that is at least 90 years old; |
12 | | (5) the distance between the property line of the |
13 | | premises and the property line of the church is at least 20 |
14 | | feet; |
15 | | (6) the church was established at its current location |
16 | | and the present structure was erected before 1900; |
17 | | (7) the primary entrance of the premises is at least 75 |
18 | | feet from the primary entrance of the church; |
19 | | (8) the school is affiliated with the church; |
20 | | (9) the principal religious leader at the place of |
21 | | worship has indicated his or her support for the issuance |
22 | | of the license in writing; |
23 | | (10) the principal of the school has indicated in |
24 | | writing that he or she is not opposed to the issuance of |
25 | | the license; and |
26 | | (11) the alderman of the ward in which the premises are |
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| | HB0950 Engrossed | - 52 - | LRB099 04793 RPS 24822 b |
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1 | | located has expressed, in writing, his or her lack of an |
2 | | objection to the issuance of the license. |
3 | | (fff) Notwithstanding any provision of this Section to the |
4 | | contrary, nothing in this Section shall prohibit the issuance |
5 | | or renewal of a license authorizing the sale of alcoholic |
6 | | liquor at premises located within a municipality with a |
7 | | population in excess of 1,000,000 inhabitants and within 100 |
8 | | feet of a church if: |
9 | | (1) the sale of alcoholic liquor is not the principal |
10 | | business carried on by the licensee at the premises; |
11 | | (2) the sale of alcoholic liquor at the premises is |
12 | | incidental to the operation of a grocery store; |
13 | | (3) the premises are a one-story building containing |
14 | | approximately 10,000 square feet and are rented by the |
15 | | owners of the grocery store; |
16 | | (4) the sale of alcoholic liquor at the premises occurs |
17 | | in a retail area of the grocery store that is approximately |
18 | | 3,500 square feet; |
19 | | (5) the grocery store has operated at the location |
20 | | since 1984; |
21 | | (6) the grocery store is closed on Sundays; |
22 | | (7) the property on which the premises are located is a |
23 | | corner lot that is bound by 3 streets and an alley, where |
24 | | one street is a one-way street that runs north-south, one |
25 | | street runs east-west, and one street runs |
26 | | northwest-southeast; |
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| | HB0950 Engrossed | - 53 - | LRB099 04793 RPS 24822 b |
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1 | | (8) the property line of the premises is approximately |
2 | | 16 feet from the property line of the building where the |
3 | | church is located; |
4 | | (9) the premises are separated from the building |
5 | | containing the church by a public alley; |
6 | | (10) the primary entrance of the premises and the |
7 | | primary entrance of the church are at least 100 feet apart; |
8 | | (11) representatives of the church have delivered a |
9 | | written statement that the church does not object to the |
10 | | issuance of a license under this subsection (fff); and |
11 | | (12) the alderman of the ward in which the grocery |
12 | | store is located has expressed, in writing, his or her |
13 | | support for the issuance of the license. |
14 | | (ggg) Notwithstanding any provision of this Section to the |
15 | | contrary, nothing in this Section shall prohibit the issuance |
16 | | or renewal of licenses authorizing the sale of alcoholic liquor |
17 | | within a restaurant or lobby coffee house at premises located |
18 | | within a municipality with a population in excess of 1,000,000 |
19 | | inhabitants and within 100 feet of a church and school if: |
20 | | (1) a residential retirement home formerly operated on |
21 | | the premises and the premises are being converted into a |
22 | | new apartment living complex containing studio and |
23 | | one-bedroom apartments with ground floor retail space; |
24 | | (2) the restaurant and lobby coffee house are located |
25 | | within a Community Shopping District within the |
26 | | municipality; |
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| | HB0950 Engrossed | - 54 - | LRB099 04793 RPS 24822 b |
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1 | | (3) the premises are located in a single-building, |
2 | | mixed-use complex that, in addition to the restaurant and |
3 | | lobby coffee house, contains apartment residences, a |
4 | | fitness center for the residents of the apartment building, |
5 | | a lobby designed as a social center for the residents, a |
6 | | rooftop deck, and a patio with a dog run for the exclusive |
7 | | use of the residents; |
8 | | (4) the sale of alcoholic liquor is not the primary |
9 | | business activity of the apartment complex, restaurant, or |
10 | | lobby coffee house; |
11 | | (5) the entrance to the apartment residence is more |
12 | | than 310 feet from the entrance to the school and church; |
13 | | (6) the entrance to the apartment residence is located |
14 | | at the end of the block around the corner from the south |
15 | | side of the school building; |
16 | | (7) the school is affiliated with the church; |
17 | | (8) the pastor of the parish, principal of the school, |
18 | | and the titleholder to the church and school have given |
19 | | written consent to the issuance of the license; |
20 | | (9) the alderman of the ward in which the premises are |
21 | | located has given written consent to the issuance of the |
22 | | license; and |
23 | | (10) the neighborhood block club has given written |
24 | | consent to the issuance of the license. |
25 | | (hhh) Notwithstanding any provision of this Section to
the |
26 | | contrary, nothing in this Section shall prohibit the
issuance |
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| | HB0950 Engrossed | - 55 - | LRB099 04793 RPS 24822 b |
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1 | | or renewal of a license to sell alcoholic liquor at
premises |
2 | | located within a municipality with a population
in excess of |
3 | | 1,000,000 inhabitants and within 100 feet of a home for |
4 | | indigent persons or a church if: |
5 | | (1) a restaurant operates on the premises and has
been |
6 | | in operation since January of 2014; |
7 | | (2) the sale of alcoholic liquor is incidental to the |
8 | | sale of food; |
9 | | (3) the sale of alcoholic liquor is not the principal |
10 | | business carried on by the licensee on the premises; |
11 | | (4) the premises occupy the first floor of a 3-story
|
12 | | building that is at least 100 years old; |
13 | | (5) the primary entrance to the premises is more than |
14 | | 100 feet from the primary entrance to the home for indigent |
15 | | persons, which opened in 1989 and is operated to address |
16 | | homelessness and provide shelter; |
17 | | (6) the primary entrance to the premises and the |
18 | | primary entrance to the home for indigent persons are |
19 | | located on different streets; |
20 | | (7) the executive director of the home for indigent |
21 | | persons has given written consent to the issuance of the |
22 | | license; |
23 | | (8) the entrance to the premises is located within 100 |
24 | | feet of a Buddhist temple; |
25 | | (9) the entrance to the premises is more than 100 feet |
26 | | from where any worship or educational programming is |
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| | HB0950 Engrossed | - 56 - | LRB099 04793 RPS 24822 b |
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1 | | conducted by the Buddhist temple and is located in an area |
2 | | used only for other purposes; and |
3 | | (10) the president and the board of directors of the |
4 | | Buddhist temple have given written consent to the issuance |
5 | | of the license. |
6 | | (iii) Notwithstanding any provision of this Section to the |
7 | | contrary, nothing in this Section shall prohibit the issuance |
8 | | or renewal of a license authorizing the sale of alcoholic |
9 | | liquor at premises located within a municipality in excess of |
10 | | 1,000,000 inhabitants and within 100 feet of a home for the |
11 | | aged if: |
12 | | (1) the sale of alcoholic liquor is not the principal |
13 | | business carried on by the licensee on the premises; |
14 | | (2) the sale of alcoholic liquor at the premises is |
15 | | incidental to the operation of a restaurant; |
16 | | (3) the premises are on the ground floor of a |
17 | | multi-floor, university-affiliated housing facility; |
18 | | (4) the premises occupy 1,916 square feet of space, |
19 | | with the total square footage from which liquor will be |
20 | | sold, served, and consumed to be 900 square feet; |
21 | | (5) the premises are separated from the home for the |
22 | | aged by an alley; |
23 | | (6) the primary entrance to the premises and the |
24 | | primary entrance to the home for the aged are at least 500 |
25 | | feet apart and located on different streets; |
26 | | (7) representatives of the home for the aged have |
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| | HB0950 Engrossed | - 57 - | LRB099 04793 RPS 24822 b |
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1 | | expressed, in writing, that the home does not object to the |
2 | | issuance of a license under this subsection; and |
3 | | (8) the alderman of the ward in which the restaurant is |
4 | | located has expressed, in writing, his or her support for |
5 | | the issuance of the license. |
6 | | (jjj) Notwithstanding any provision of this Section to the |
7 | | contrary, nothing in this Section shall prohibit the issuance |
8 | | or renewal of a license authorizing the sale of alcoholic |
9 | | liquor at premises located within a municipality with a |
10 | | population in excess of 1,000,000 inhabitants and within 100 |
11 | | feet of a school if: |
12 | | (1) as of January 1, 2016, the premises were used for |
13 | | the sale of alcoholic liquor for consumption on the |
14 | | premises and were authorized to do so pursuant to a retail |
15 | | tavern license held by an individual as the sole proprietor |
16 | | of the premises; |
17 | | (2) the primary entrance to the school and the primary |
18 | | entrance to the premises are on the same street; |
19 | | (3) the school was founded in 1949; |
20 | | (4) the building in which the premises are situated was |
21 | | constructed before 1930; |
22 | | (5) the building in which the premises are situated is |
23 | | immediately across the street from the school; and |
24 | | (6) the school has not indicated its opposition to the |
25 | | issuance or renewal of the license in writing. |
26 | | (kkk) (Blank). |
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| | HB0950 Engrossed | - 58 - | LRB099 04793 RPS 24822 b |
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1 | | (lll) Notwithstanding any provision of this Section to the |
2 | | contrary, nothing in this Section shall prohibit the issuance |
3 | | or renewal of a license authorizing the sale of alcoholic |
4 | | liquor at premises located within a municipality with a |
5 | | population in excess of 1,000,000 inhabitants and within 100 |
6 | | feet of a synagogue or school if: |
7 | | (1) the sale of alcoholic liquor at the premises is |
8 | | incidental to the sale of food; |
9 | | (2) the sale of alcoholic liquor is not the principal |
10 | | business carried on by the licensee at the premises; |
11 | | (3) the premises are located on the same street on |
12 | | which the synagogue or school is located; |
13 | | (4) the primary entrance to the premises and the |
14 | | closest entrance to the synagogue or school is at least 100 |
15 | | feet apart; |
16 | | (5) the shortest distance between the premises and the |
17 | | synagogue or school is at least 65 feet apart and no |
18 | | greater than 70 feet apart; |
19 | | (6) the premises are between 1,800 and 2,000 square |
20 | | feet; |
21 | | (7) the synagogue was founded in 1861; and |
22 | | (8) the leader of the synagogue has indicated, in |
23 | | writing, the synagogue's support for the issuance or |
24 | | renewal of the license. |
25 | | (mmm) Notwithstanding any provision of this Section to the |
26 | | contrary, nothing in this Section shall prohibit the issuance |
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| | HB0950 Engrossed | - 59 - | LRB099 04793 RPS 24822 b |
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1 | | or renewal of licenses authorizing the sale of alcoholic liquor |
2 | | within a restaurant or lobby coffee house at premises located |
3 | | within a municipality with a population in excess of 1,000,000 |
4 | | inhabitants and within 100 feet of a church if: |
5 | | (1) the sale of alcoholic liquor is not the principal |
6 | | business carried on by the licensee at the premises; |
7 | | (2) the sale of alcoholic liquor at the premises is |
8 | | incidental to the sale of food in a restaurant; |
9 | | (3) the restaurant has been run by the same family for |
10 | | at least 19 consecutive years; |
11 | | (4) the premises are located in a 3-story building in |
12 | | the most easterly part of the first floor; |
13 | | (5) the building in which the premises are located has |
14 | | residential housing on the second and third floors; |
15 | | (6) the primary entrance to the premises is on a |
16 | | north-south street around the corner and across an alley |
17 | | from the primary entrance to the church, which is on an |
18 | | east-west street; |
19 | | (7) the primary entrance to the church and the primary |
20 | | entrance to the premises are more than 160 feet apart; and |
21 | | (8) the church has expressed, in writing, its support |
22 | | for the issuance of a license under this subsection. |
23 | | (nnn) Notwithstanding any provision of this Section to the |
24 | | contrary, nothing in this Section shall prohibit the issuance |
25 | | or renewal of licenses authorizing the sale of alcoholic liquor |
26 | | within a restaurant or lobby coffee house at premises located |
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| | HB0950 Engrossed | - 60 - | LRB099 04793 RPS 24822 b |
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1 | | within a municipality with a population in excess of 1,000,000 |
2 | | inhabitants and within 100 feet of a school and church or |
3 | | synagogue if: |
4 | | (1) the sale of alcoholic liquor is not the principal |
5 | | business carried on by the licensee at the premises; |
6 | | (2) the sale of alcoholic liquor at the premises is |
7 | | incidental to the sale of food in a restaurant; |
8 | | (3) the front door of the synagogue faces east on the |
9 | | next north-south street east of and parallel to the |
10 | | north-south street on which the restaurant is located where |
11 | | the restaurant's front door faces west; |
12 | | (4) the closest exterior pedestrian entrance that |
13 | | leads to the school or the synagogue is across an east-west |
14 | | street and at least 300 feet from the primary entrance to |
15 | | the restaurant; |
16 | | (5) the nearest church-related or school-related |
17 | | building is a community center building; |
18 | | (6) the restaurant is on the ground floor of a 3-story |
19 | | building constructed in 1896 with a brick façade; |
20 | | (7) the restaurant shares the ground floor with a |
21 | | theater, and the second and third floors of the building in |
22 | | which the restaurant is located consists of residential |
23 | | housing; |
24 | | (8) the leader of the synagogue and school has |
25 | | expressed, in writing, that the synagogue does not object |
26 | | to the issuance of a license under this subsection; and |
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| | HB0950 Engrossed | - 61 - | LRB099 04793 RPS 24822 b |
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1 | | (9) the alderman of the ward in which the premises is |
2 | | located has expressed, in writing, his or her support for |
3 | | the issuance of the license. |
4 | | (ooo) Notwithstanding any provision of this Section to the |
5 | | contrary, nothing in this Section shall prohibit the issuance |
6 | | or renewal of a license authorizing the sale of alcoholic |
7 | | liquor at premises located within a municipality with a |
8 | | population in excess of 2,000 but less than 5,000 inhabitants |
9 | | in a county with a population in excess of 3,000,000 and within |
10 | | 100 feet of a home for the aged if: |
11 | | (1) as of March 1, 2016, the premises were used to sell |
12 | | alcohol pursuant to a retail tavern and packaged goods |
13 | | license issued by the municipality and held by a limited |
14 | | liability company as the proprietor of the premises; |
15 | | (2) the home for the aged was completed in 2015; |
16 | | (3) the home for the aged is a 5-story structure; |
17 | | (4) the building in which the premises are situated is |
18 | | directly adjacent to the home for the aged; |
19 | | (5) the building in which the premises are situated was |
20 | | constructed before 1950; |
21 | | (6) the home for the aged has not indicated its |
22 | | opposition to the issuance or renewal of the license; and |
23 | | (7) the president of the municipality has expressed in |
24 | | writing that he or she does not object to the issuance or |
25 | | renewal of the license. |
26 | | (ppp) Notwithstanding any provision of this Section to the |
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| | HB0950 Engrossed | - 62 - | LRB099 04793 RPS 24822 b |
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1 | | contrary, nothing in this Section shall prohibit the issuance |
2 | | or renewal of a license authorizing the sale of alcoholic |
3 | | liquor at premises located within a municipality with a |
4 | | population in excess of 1,000,000 inhabitants and within 100 |
5 | | feet of a church or churches if: |
6 | | (1) the shortest distance between the premises and a |
7 | | church is at least 78 feet apart and no greater than 95 |
8 | | feet apart; |
9 | | (2) the premises are a single-story, brick commercial |
10 | | building and at least 5,067 square feet and were |
11 | | constructed in 1922; |
12 | | (3) the premises are located in a B3-2 zoning district; |
13 | | (4) the premises are separated from the buildings |
14 | | containing the churches by a street; |
15 | | (5) the previous owners of the business located on the |
16 | | premises held a liquor license for at least 10 years; |
17 | | (6) the new owner of the business located on the |
18 | | premises has managed 2 other food and liquor stores since |
19 | | 1997; |
20 | | (7) the principal religious leaders at the places of |
21 | | worship have indicated their support for the issuance or |
22 | | renewal of the license in writing; and |
23 | | (8) the alderman of the ward in which the premises are |
24 | | located has indicated his or her support for the issuance |
25 | | or renewal of the license in writing. |
26 | | (qqq) Notwithstanding any provision of this Section to the |
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| | HB0950 Engrossed | - 63 - | LRB099 04793 RPS 24822 b |
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1 | | contrary, nothing in this Section shall prohibit the issuance |
2 | | or renewal of a license authorizing the sale of alcoholic |
3 | | liquor at premises located within a municipality with a |
4 | | population in excess of 1,000,000 inhabitants and within 100 |
5 | | feet of a church if: |
6 | | (1) the sale of alcoholic liquor at the premises is |
7 | | incidental to the sale of food; |
8 | | (2) the sale of alcoholic liquor is not the principal |
9 | | business carried on by the licensee at the premises; |
10 | | (3) the premises are located on the opposite side of |
11 | | the same street on which the church is located; |
12 | | (4) the church is located on a corner lot; |
13 | | (5) the shortest distance between the premises and the |
14 | | church is at least 90 feet apart and no greater than 95 |
15 | | feet apart; |
16 | | (6) the premises are between 4,350 and 5,000 square |
17 | | feet; |
18 | | (7) the church's original chapel was built in 1858; |
19 | | (8) the church's first congregation was organized in |
20 | | 1860; and |
21 | | (9) the leaders of the church and the alderman of the |
22 | | ward in which the premises are located has expressed, in |
23 | | writing, their support for the issuance of the license. |
24 | | (rrr) Notwithstanding any provision of this Section to the |
25 | | contrary, nothing in this Section shall prohibit the issuance |
26 | | or renewal of a license authorizing the sale of alcoholic |
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| | HB0950 Engrossed | - 64 - | LRB099 04793 RPS 24822 b |
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1 | | liquor at a restaurant or banquet facility established within |
2 | | premises located within a municipality with a population in |
3 | | excess of 1,000,000 inhabitants and within 100 feet of a church |
4 | | or school if: |
5 | | (1) the sale of alcoholic liquor at the premises is |
6 | | incidental to the sale of food; |
7 | | (2) the sale of alcoholic liquor is not the principal |
8 | | business carried on by the licensee at the premises; |
9 | | (3) the immediately prior owner or the operator of the |
10 | | restaurant or banquet facility held a valid retail license |
11 | | authorizing the sale of alcoholic liquor at the premises |
12 | | for at least part of the 24 months before a change of |
13 | | ownership; |
14 | | (4) the premises are located immediately east and |
15 | | across the street from an elementary school; |
16 | | (5) the premises and elementary school are part of an |
17 | | approximately 100-acre campus owned by the church; |
18 | | (6) the school opened in 1999 and was named after the |
19 | | founder of the church; and |
20 | | (7) the alderman of the ward in which the premises are |
21 | | located has expressed, in writing, his or her support for |
22 | | the issuance of the license. |
23 | | (Source: P.A. 98-274, eff. 8-9-13; 98-463, eff. 8-16-13; |
24 | | 98-571, eff. 8-27-13; 98-592, eff. 11-15-13; 98-1092, eff. |
25 | | 8-26-14; 98-1158, eff. 1-9-15; 99-46, eff. 7-15-15; 99-47, eff. |
26 | | 7-15-15; 99-477, eff. 8-27-15; 99-484, eff. 10-30-15; 99-558, |