Rep. Donald L. Moffitt
Filed: 5/30/2008
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1 | AMENDMENT TO HOUSE BILL 3200
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2 | AMENDMENT NO. ______. Amend House Bill 3200, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Liquor Control Act of 1934 is amended by | ||||||
6 | changing Section 6-11 as follows:
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7 | (235 ILCS 5/6-11) (from Ch. 43, par. 127)
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8 | Sec. 6-11. Sale near churches, schools, and hospitals.
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9 | (a) No license shall be issued for the sale at retail of | ||||||
10 | any
alcoholic liquor within 100 feet of any church, school | ||||||
11 | other than an
institution of higher learning, hospital, home | ||||||
12 | for aged or indigent
persons or for veterans, their spouses or | ||||||
13 | children or any military or
naval station, provided, that this | ||||||
14 | prohibition shall not apply to hotels
offering restaurant | ||||||
15 | service, regularly organized clubs, or to
restaurants, food | ||||||
16 | shops or other places where sale of alcoholic liquors
is not |
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1 | the principal business carried on if the place of business so
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2 | exempted is not located in a municipality of more than 500,000 | ||||||
3 | persons,
unless required by local ordinance; nor to the renewal | ||||||
4 | of a license for the
sale at retail of alcoholic liquor on | ||||||
5 | premises within 100 feet of any church
or school where the | ||||||
6 | church or school has been established within such
100 feet | ||||||
7 | since the issuance of the original license. In the case of a
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8 | church, the distance of 100 feet shall be measured to the | ||||||
9 | nearest part
of any building used for worship services or | ||||||
10 | educational programs and
not to property boundaries.
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11 | (b) Nothing in this Section shall prohibit the issuance of | ||||||
12 | a retail
license
authorizing the sale of alcoholic liquor to a | ||||||
13 | restaurant, the primary business
of which is the sale of goods | ||||||
14 | baked on the premises if (i) the restaurant is
newly | ||||||
15 | constructed and located on a lot of not less than 10,000 square | ||||||
16 | feet,
(ii) the restaurant costs at least $1,000,000 to | ||||||
17 | construct, (iii) the licensee
is the titleholder to the | ||||||
18 | premises and resides on the premises, and (iv) the
construction | ||||||
19 | of the restaurant is completed within 18 months of the | ||||||
20 | effective
date of this amendatory Act of 1998.
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21 | (c) Nothing in this Section shall prohibit the issuance of | ||||||
22 | a retail
license
authorizing the sale of alcoholic liquor | ||||||
23 | incidental to a restaurant if (1) the
primary
business of the | ||||||
24 | restaurant consists of the sale of food where the sale of
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25 | liquor is incidental to the sale of food and the applicant is a | ||||||
26 | completely new
owner of the restaurant, (2) the immediately
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1 | prior owner or operator of the premises where the restaurant is | ||||||
2 | located
operated the premises as a restaurant and held a valid | ||||||
3 | retail license
authorizing the
sale of alcoholic liquor at the | ||||||
4 | restaurant for at least part of the 24 months
before the
change | ||||||
5 | of ownership, and (3) the restaurant is located 75 or more feet | ||||||
6 | from a
school.
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7 | (d) In the interest of further developing Illinois' economy | ||||||
8 | in the area
of
commerce, tourism, convention, and banquet | ||||||
9 | business, nothing in this
Section shall
prohibit issuance of a | ||||||
10 | retail license authorizing the sale of alcoholic
beverages to a | ||||||
11 | restaurant, banquet facility, grocery store, or hotel having
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12 | not fewer than
150 guest room accommodations located in a | ||||||
13 | municipality of more than 500,000
persons, notwithstanding the | ||||||
14 | proximity of such hotel, restaurant,
banquet facility, or | ||||||
15 | grocery store to any church or school, if the licensed
premises
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16 | described on the license are located within an enclosed mall or | ||||||
17 | building of a
height of at least 6 stories, or 60 feet in the | ||||||
18 | case of a building that has
been registered as a national | ||||||
19 | landmark, or in a grocery store having a
minimum of 56,010 | ||||||
20 | square feet of floor space in a single story building in an
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21 | open mall of at least 3.96 acres that is adjacent to a public | ||||||
22 | school that
opened as a boys technical high school in 1934, or | ||||||
23 | in a grocery store having a minimum of 31,000 square feet of | ||||||
24 | floor space in a single story building located a distance of | ||||||
25 | more than 90 feet but less than 100 feet from a high school | ||||||
26 | that opened in 1928 as a junior high school and became a senior |
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1 | high school in 1933, and in each of these
cases if the sale of
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2 | alcoholic liquors is not the principal business carried on by | ||||||
3 | the licensee.
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4 | For purposes of this Section, a "banquet facility" is any | ||||||
5 | part of a
building that caters to private parties and where the | ||||||
6 | sale of alcoholic liquors
is not the principal business.
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7 | (e) Nothing in this Section shall prohibit the issuance of | ||||||
8 | a license to
a
church or private school to sell at retail | ||||||
9 | alcoholic liquor if any such
sales are limited to periods when | ||||||
10 | groups are assembled on the premises
solely for the promotion | ||||||
11 | of some common object other than the sale or
consumption of | ||||||
12 | alcoholic liquors.
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13 | (f) Nothing in this Section shall prohibit (1) a church or | ||||||
14 | church affiliated
school
located in a home rule municipality or | ||||||
15 | in a municipality with 75,000 or more
inhabitants from locating
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16 | within 100 feet of a property for which there is a preexisting | ||||||
17 | license to sell
alcoholic liquor at retail or (2) a church or | ||||||
18 | church affiliated school, having a minimum of 28,000 square | ||||||
19 | feet of space and a minimum lot size of 41,000 square feet, | ||||||
20 | located in a municipality with more than 7,500 and less than | ||||||
21 | 9,000 inhabitants from locating within 100 feet of a property | ||||||
22 | for which there is a preexisting license to sell alcoholic | ||||||
23 | liquor at retail . In these instances, the local zoning | ||||||
24 | authority
may, by ordinance adopted simultaneously with the | ||||||
25 | granting of an initial
special use zoning permit for the church | ||||||
26 | or church affiliated school, provide
that the 100-foot |
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1 | restriction in this Section shall not apply to that church or
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2 | church affiliated school and future retail liquor licenses.
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3 | (g) Nothing in this Section shall prohibit the issuance of | ||||||
4 | a retail
license authorizing the sale of alcoholic liquor at | ||||||
5 | premises within 100 feet,
but not less than 90 feet, of a | ||||||
6 | public school if (1) the premises have been
continuously | ||||||
7 | licensed to sell alcoholic liquor
for a period of at least 50 | ||||||
8 | years,
(2) the premises are located in a municipality having a | ||||||
9 | population of over
500,000 inhabitants, (3) the licensee is an | ||||||
10 | individual who is a member of a
family that has held the | ||||||
11 | previous 3 licenses for that location for more than 25
years, | ||||||
12 | (4) the
principal of the school and the alderman of the ward in | ||||||
13 | which the school is
located have delivered a written statement | ||||||
14 | to the local liquor control
commissioner stating that they do | ||||||
15 | not object to the issuance of a license
under this subsection | ||||||
16 | (g), and (5) the local liquor control commissioner has
received | ||||||
17 | the written consent of a majority of the registered voters who | ||||||
18 | live
within 200 feet of the premises.
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19 | (h) 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 within premises and at an outdoor patio area attached to | ||||||
23 | premises that are located in a municipality with a population | ||||||
24 | in excess of 300,000 inhabitants and that are within 100 feet | ||||||
25 | of a church if:
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26 | (1) the sale of alcoholic liquor at the premises is |
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1 | incidental to the sale of food,
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2 | (2) the sale of liquor is not the principal business | ||||||
3 | carried on by the licensee at the premises, | ||||||
4 | (3) the premises are less than 1,000 square feet, | ||||||
5 | (4) the premises are owned by the University of | ||||||
6 | Illinois, | ||||||
7 | (5) the premises are immediately adjacent to property | ||||||
8 | owned by a church and are not less than 20 nor more than 40 | ||||||
9 | feet from the church space used for worship services, and | ||||||
10 | (6) the principal religious leader at the place of | ||||||
11 | worship has indicated his or her support for the issuance | ||||||
12 | of the license in writing.
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13 | (i) Notwithstanding any provision in this Section to the | ||||||
14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
15 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
16 | that is located within a municipality with a population in | ||||||
17 | excess of 300,000 inhabitants and is within 100 feet of a | ||||||
18 | church, synagogue, or other place of worship if: | ||||||
19 | (1) the primary entrance of the premises and the | ||||||
20 | primary entrance of the church, synagogue, or other place | ||||||
21 | of worship are at least 100 feet apart, on parallel | ||||||
22 | streets, and separated by an alley; and | ||||||
23 | (2) the principal religious leader at the place of | ||||||
24 | worship has not indicated his or her opposition to the | ||||||
25 | issuance or renewal of the license in writing. | ||||||
26 | (j) Notwithstanding any provision in this Section to the |
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1 | contrary, nothing in this Section shall prohibit the issuance | ||||||
2 | of a retail
license authorizing the sale of alcoholic liquor at | ||||||
3 | a theater that is within 100 feet of a church if (1) the church | ||||||
4 | owns the theater, (2) the church leases the theater to one or | ||||||
5 | more entities, and
(3) the theater is used by at least 5 | ||||||
6 | different not-for-profit theater groups. | ||||||
7 | (k) Notwithstanding any provision in this Section to the | ||||||
8 | contrary, nothing in this Section shall prohibit the issuance | ||||||
9 | or renewal of a license authorizing the sale of alcoholic | ||||||
10 | liquor at a premises that is located within a municipality with | ||||||
11 | a population in excess of 1,000,000 inhabitants and is within | ||||||
12 | 100 feet of a school if:
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13 | (1) the primary entrance of the premises and the | ||||||
14 | primary entrance of the school are parallel, on different | ||||||
15 | streets, and separated by an alley; | ||||||
16 | (2) the southeast corner of the premises are at least | ||||||
17 | 350 feet from the southwest corner of the school; | ||||||
18 | (3) the school was built in 1978; | ||||||
19 | (4) the sale of alcoholic liquor at the premises is | ||||||
20 | incidental to the sale of food; | ||||||
21 | (5) the sale of alcoholic liquor is not the principal | ||||||
22 | business carried on by the licensee at the premises; | ||||||
23 | (6) the applicant is the owner of the restaurant and | ||||||
24 | has held a valid license authorizing the sale of alcoholic | ||||||
25 | liquor for the business to be conducted on the premises at | ||||||
26 | a different location for more than 7 years; and |
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1 | (7) the premises is at least 2,300 square feet and sits | ||||||
2 | on a lot that is between 6,100 and 6,150 square feet. | ||||||
3 | (l) 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 at a premises that is located within a municipality with | ||||||
7 | a population in excess of 1,000,000 inhabitants and is within | ||||||
8 | 100 feet of a church or school if: | ||||||
9 | (1) the primary entrance of the premises and the | ||||||
10 | closest entrance of the church or school is at least 90 | ||||||
11 | feet apart and no greater than 95 feet apart; | ||||||
12 | (2) the shortest distance between the premises and the | ||||||
13 | church or school is at least 80 feet apart and no greater | ||||||
14 | than 85 feet apart; | ||||||
15 | (3) the applicant is the owner of the restaurant and on | ||||||
16 | November 15, 2006 held a valid license authorizing the sale | ||||||
17 | of alcoholic liquor for the business to be conducted on the | ||||||
18 | premises for at least 14 different locations; | ||||||
19 | (4) the sale of alcoholic liquor at the premises is | ||||||
20 | incidental to the sale of food; | ||||||
21 | (5) the sale of alcoholic liquor is not the principal | ||||||
22 | business carried on by the licensee at the premises; | ||||||
23 | (6) the premises is at least 3,200 square feet and sits | ||||||
24 | on a lot that is between 7,150 and 7,200 square feet; and | ||||||
25 | (7) the principal religious leader at the place of | ||||||
26 | worship has not indicated his or her opposition to the |
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1 | issuance or renewal of the license in writing.
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2 | (Source: P.A. 94-1103, eff. 2-9-07; 95-331, eff. 8-21-07.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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