Executive Committee
Filed: 2/27/2008
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 1809
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 1809 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Liquor Control Act of 1934 is amended by | ||||||
5 | changing Section 6-11 as follows:
| ||||||
6 | (235 ILCS 5/6-11) (from Ch. 43, par. 127)
| ||||||
7 | Sec. 6-11. Sale near churches, schools, and hospitals.
| ||||||
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
|
| |||||||
| |||||||
1 | exempted is not located in a municipality of more than 500,000 | ||||||
2 | persons,
unless required by local ordinance; nor to the renewal | ||||||
3 | of a license for the
sale at retail of alcoholic liquor on | ||||||
4 | premises within 100 feet of any church
or school where the | ||||||
5 | church or school has been established within such
100 feet | ||||||
6 | since the issuance of the original license. In the case of a
| ||||||
7 | church, the distance of 100 feet shall be measured to the | ||||||
8 | nearest part
of any building used for worship services or | ||||||
9 | educational programs and
not to property boundaries.
| ||||||
10 | (b) Nothing in this Section shall prohibit the issuance of | ||||||
11 | a retail
license
authorizing the sale of alcoholic liquor to a | ||||||
12 | restaurant, the primary business
of which is the sale of goods | ||||||
13 | baked on the premises if (i) the restaurant is
newly | ||||||
14 | constructed and located on a lot of not less than 10,000 square | ||||||
15 | feet,
(ii) the restaurant costs at least $1,000,000 to | ||||||
16 | construct, (iii) the licensee
is the titleholder to the | ||||||
17 | premises and resides on the premises, and (iv) the
construction | ||||||
18 | of the restaurant is completed within 18 months of the | ||||||
19 | effective
date of this amendatory Act of 1998.
| ||||||
20 | (c) Nothing in this Section shall prohibit the issuance of | ||||||
21 | a retail
license
authorizing the sale of alcoholic liquor | ||||||
22 | incidental to a restaurant if (1) the
primary
business of the | ||||||
23 | restaurant consists of the sale of food where the sale of
| ||||||
24 | liquor is incidental to the sale of food and the applicant is a | ||||||
25 | completely new
owner of the restaurant, (2) the immediately
| ||||||
26 | prior owner or operator of the premises where the restaurant is |
| |||||||
| |||||||
1 | located
operated the premises as a restaurant and held a valid | ||||||
2 | retail license
authorizing the
sale of alcoholic liquor at the | ||||||
3 | restaurant for at least part of the 24 months
before the
change | ||||||
4 | of ownership, and (3) the restaurant is located 75 or more feet | ||||||
5 | from a
school.
| ||||||
6 | (d) In the interest of further developing Illinois' economy | ||||||
7 | in the area
of
commerce, tourism, convention, and banquet | ||||||
8 | business, nothing in this
Section shall
prohibit issuance of a | ||||||
9 | retail license authorizing the sale of alcoholic
beverages to a | ||||||
10 | restaurant, banquet facility, grocery store, or hotel having
| ||||||
11 | not fewer than
150 guest room accommodations located in a | ||||||
12 | municipality of more than 500,000
persons, notwithstanding the | ||||||
13 | proximity of such hotel, restaurant,
banquet facility, or | ||||||
14 | grocery store to any church or school, if the licensed
premises
| ||||||
15 | described on the license are located within an enclosed mall or | ||||||
16 | building of a
height of at least 6 stories, or 60 feet in the | ||||||
17 | case of a building that has
been registered as a national | ||||||
18 | landmark, or in a grocery store having a
minimum of 56,010 | ||||||
19 | square feet of floor space in a single story building in an
| ||||||
20 | open mall of at least 3.96 acres that is adjacent to a public | ||||||
21 | school that
opened as a boys technical high school in 1934, or | ||||||
22 | in a grocery store having a minimum of 31,000 square feet of | ||||||
23 | floor space in a single story building located a distance of | ||||||
24 | more than 90 feet but less than 100 feet from a high school | ||||||
25 | that opened in 1928 as a junior high school and became a senior | ||||||
26 | high school in 1933, and in each of these
cases if the sale of
|
| |||||||
| |||||||
1 | alcoholic liquors is not the principal business carried on by | ||||||
2 | the licensee.
| ||||||
3 | For purposes of this Section, a "banquet facility" is any | ||||||
4 | part of a
building that caters to private parties and where the | ||||||
5 | sale of alcoholic liquors
is not the principal business.
| ||||||
6 | (e) Nothing in this Section shall prohibit the issuance of | ||||||
7 | a license to
a
church or private school to sell at retail | ||||||
8 | alcoholic liquor if any such
sales are limited to periods when | ||||||
9 | groups are assembled on the premises
solely for the promotion | ||||||
10 | of some common object other than the sale or
consumption of | ||||||
11 | alcoholic liquors.
| ||||||
12 | (f) Nothing in this Section shall prohibit a church or | ||||||
13 | church affiliated
school
located in a home rule municipality or | ||||||
14 | in a municipality with 75,000 or more
inhabitants from locating
| ||||||
15 | within 100 feet of a property for which there is a preexisting | ||||||
16 | license to sell
alcoholic liquor at retail. In these instances, | ||||||
17 | the local zoning authority
may, by ordinance adopted | ||||||
18 | simultaneously with the granting of an initial
special use | ||||||
19 | zoning permit for the church or church affiliated school, | ||||||
20 | provide
that the 100-foot restriction in this Section shall not | ||||||
21 | apply to that church or
church affiliated school and future | ||||||
22 | retail liquor licenses.
| ||||||
23 | (g) Nothing in this Section shall prohibit the issuance of | ||||||
24 | a retail
license authorizing the sale of alcoholic liquor at | ||||||
25 | premises within 100 feet,
but not less than 90 feet, of a | ||||||
26 | public school if (1) the premises have been
continuously |
| |||||||
| |||||||
1 | licensed to sell alcoholic liquor
for a period of at least 50 | ||||||
2 | years,
(2) the premises are located in a municipality having a | ||||||
3 | population of over
500,000 inhabitants, (3) the licensee is an | ||||||
4 | individual who is a member of a
family that has held the | ||||||
5 | previous 3 licenses for that location for more than 25
years, | ||||||
6 | (4) the
principal of the school and the alderman of the ward in | ||||||
7 | which the school is
located have delivered a written statement | ||||||
8 | to the local liquor control
commissioner stating that they do | ||||||
9 | not object to the issuance of a license
under this subsection | ||||||
10 | (g), and (5) the local liquor control commissioner has
received | ||||||
11 | the written consent of a majority of the registered voters who | ||||||
12 | live
within 200 feet of the premises.
| ||||||
13 | (h) Notwithstanding any provision of 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 within premises and at an outdoor patio area attached to | ||||||
17 | premises that are located in a municipality with a population | ||||||
18 | in excess of 300,000 inhabitants and that are within 100 feet | ||||||
19 | of a church if:
| ||||||
20 | (1) the sale of alcoholic liquor at the premises is | ||||||
21 | incidental to the sale of food,
| ||||||
22 | (2) the sale of liquor is not the principal business | ||||||
23 | carried on by the licensee at the premises, | ||||||
24 | (3) the premises are less than 1,000 square feet, | ||||||
25 | (4) the premises are owned by the University of | ||||||
26 | Illinois, |
| |||||||
| |||||||
1 | (5) the premises are immediately adjacent to property | ||||||
2 | owned by a church and are not less than 20 nor more than 40 | ||||||
3 | feet from the church space used for worship services, and | ||||||
4 | (6) the principal religious leader at the place of | ||||||
5 | worship has indicated his or her support for the issuance | ||||||
6 | of the license in writing.
| ||||||
7 | (i) 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 300,000 inhabitants and is within 100 feet of a | ||||||
12 | church, synagogue, or other place of worship if: | ||||||
13 | (1) the primary entrance of the premises and the | ||||||
14 | primary entrance of the church, synagogue, or other place | ||||||
15 | of worship are at least 100 feet apart, on parallel | ||||||
16 | streets, and separated by an alley; and | ||||||
17 | (2) the principal religious leader at the place of | ||||||
18 | worship has not indicated his or her opposition to the | ||||||
19 | issuance or renewal of the license in writing. | ||||||
20 | (j) Notwithstanding any provision in this Section to the | ||||||
21 | contrary, nothing in this Section shall prohibit the issuance | ||||||
22 | of a retail
license authorizing the sale of alcoholic liquor at | ||||||
23 | a theater that is within 100 feet of a church if (1) the church | ||||||
24 | owns the theater, (2) the church leases the theater to one or | ||||||
25 | more entities, and
(3) the theater is used by at least 5 | ||||||
26 | different not-for-profit theater groups. |
| |||||||
| |||||||
1 | (k) Notwithstanding any provision in 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 a premises that is located within a municipality with | ||||||
5 | a population in excess of 1,000,000 inhabitants and is within | ||||||
6 | 100 feet of a school if:
| ||||||
7 | (1) the primary entrance of the premises and the | ||||||
8 | primary entrance of the school are parallel, on different | ||||||
9 | streets, and separated by an alley; | ||||||
10 | (2) the southeast corner of the premises are at least | ||||||
11 | 350 feet from the southwest corner of the school; | ||||||
12 | (3) the school was built in 1978; | ||||||
13 | (4) the sale of alcoholic liquor at the premises is | ||||||
14 | incidental to the sale of food; | ||||||
15 | (5) the sale of alcoholic liquor is not the principal | ||||||
16 | business carried on by the licensee at the premises; | ||||||
17 | (6) the applicant is the owner of the restaurant and | ||||||
18 | has held a valid license authorizing the sale of alcoholic | ||||||
19 | liquor for the business to be conducted on the premises at | ||||||
20 | a different location for more than 7 years; and | ||||||
21 | (7) the premises is at least 2,300 square feet and sits | ||||||
22 | on a lot that is between 6,100 and 6,150 square feet. | ||||||
23 | (l) Notwithstanding any provision in 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 |
| |||||||
| |||||||
1 | a population in excess of 1,000,000 inhabitants and is within | ||||||
2 | 100 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 is at least 90 | ||||||
5 | feet apart and no greater than 95 feet apart; | ||||||
6 | (2) the shortest distance between the premises and the | ||||||
7 | church or school is at least 80 feet apart and no greater | ||||||
8 | than 85 feet apart; | ||||||
9 | (3) the applicant is the owner of the restaurant and on | ||||||
10 | November 15, 2006 held a valid license authorizing the sale | ||||||
11 | of alcoholic liquor for the business to be conducted on the | ||||||
12 | premises for at least 14 different locations; | ||||||
13 | (4) the sale of alcoholic liquor at the premises is | ||||||
14 | incidental to the sale of food; | ||||||
15 | (5) the sale of alcoholic liquor is not the principal | ||||||
16 | business carried on by the licensee at the premises; | ||||||
17 | (6) the premises is at least 3,200 square feet and sits | ||||||
18 | on a lot that is between 7,150 and 7,200 square feet; and | ||||||
19 | (7) the principal religious leader at the place of | ||||||
20 | worship has not indicated his or her opposition to the | ||||||
21 | issuance or renewal of the license in writing.
| ||||||
22 | (m) Notwithstanding any provision in this Section to the | ||||||
23 | contrary, nothing in this Section shall prohibit the issuance | ||||||
24 | or renewal of a license authorizing the sale of alcoholic | ||||||
25 | liquor at a premises that is located within a municipality with | ||||||
26 | a population in excess of 1,000,000 inhabitants and is within |
| |||||||
| |||||||
1 | 100 feet of a church if: | ||||||
2 | (1) the premises and the church are perpendicular, and | ||||||
3 | the primary entrance of the premises faces South while the | ||||||
4 | primary entrance of the church faces East and the distance | ||||||
5 | between the two entrances is more than 100 feet; | ||||||
6 | (2) the shortest distance between the premises lot line | ||||||
7 | and the exterior wall of the church is at least 80 feet; | ||||||
8 | (3) the church was established at the current location | ||||||
9 | in 1916 and the present structure was erected in 1925; | ||||||
10 | (4) the premises is a single story, single use building | ||||||
11 | with at least 1,750 square feet and no more than 2,000 | ||||||
12 | square feet; | ||||||
13 | (5) the sale of alcoholic liquor at the premises is | ||||||
14 | incidental to the sale of food; | ||||||
15 | (6) the sale of alcoholic liquor is not the principal | ||||||
16 | business carried on by the licensee at the premises; and | ||||||
17 | (7) the principal religious leader at the place of | ||||||
18 | worship has not indicated his or her opposition to the | ||||||
19 | issuance or renewal of the license in writing. | ||||||
20 | (n) 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: | ||||||
26 | (1) the school is a City of Chicago School District 299 |
| |||||||
| |||||||
1 | school; | ||||||
2 | (2) the school is located within subarea E of City of | ||||||
3 | Chicago Residential Business Planned Development Number | ||||||
4 | 70; | ||||||
5 | (3) the sale of alcoholic liquor is not the principal | ||||||
6 | business carried on by the licensee on the premises; | ||||||
7 | (4) the sale of alcoholic liquor at the premises is | ||||||
8 | incidental to the sale of food; and | ||||||
9 | (5) the administration of City of Chicago School | ||||||
10 | District 299 has expressed, in writing, its support for the | ||||||
11 | issuance of the license. | ||||||
12 | (Source: P.A. 94-1103, eff. 2-9-07; 95-331, eff. 8-21-07.)".
|