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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,
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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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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 the |
12 | | effective
date of this amendatory Act of 1998.
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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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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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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 the effective date of this amendatory Act of |
5 | | the 97th General Assembly, the premises for which the |
6 | | license or renewal is sought is located in the Illinois |
7 | | Medical District. |
8 | | (w) Notwithstanding any provision in this Section to the |
9 | | contrary, nothing in this Section shall prohibit the issuance |
10 | | or renewal of a license to sell alcoholic liquor at a premises |
11 | | that is located within a municipality with a population in |
12 | | excess of 1,000,000 inhabitants and within 100 feet of a church |
13 | | if: |
14 | | (1) the sale of alcoholic liquor at the premises is |
15 | | incidental to the sale of food; |
16 | | (2) the sale of alcoholic liquor is not the principal
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17 | | business carried on by the licensee at the premises; |
18 | | (3) the premises occupy the first floor and basement of |
19 | | a 2-story building that is 106 years old; |
20 | | (4) the premises is at least 7,000 square feet and |
21 | | located on a lot that is at least 11,000 square feet; |
22 | | (5) the premises is located directly west of the |
23 | | church, on perpendicular streets, and separated by an |
24 | | alley; |
25 | | (6) the distance between the
property line of the |
26 | | premises and the property line of the church is at least 20 |
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1 | | feet; |
2 | | (7) the distance between the primary entrance of the |
3 | | premises and the primary entrance of the church is at least |
4 | | 130 feet; and |
5 | | (8) the church has been at its location for at least 40 |
6 | | years. |
7 | | (x) Notwithstanding any provision of 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 within 100 |
12 | | feet of a church if: |
13 | | (1) the sale of alcoholic liquor is not the principal |
14 | | business carried on by the licensee at the premises; |
15 | | (2) the church has been operating in its current |
16 | | location since 1973; |
17 | | (3) the premises has been operating in its current |
18 | | location since 1988; |
19 | | (4) the church and the premises are owned by the same |
20 | | parish; |
21 | | (5) the premises is used for cultural and educational |
22 | | purposes; |
23 | | (6) the primary entrance to the premises and the |
24 | | primary entrance to the church are located on the same |
25 | | street; |
26 | | (7) the principal religious leader of the church has |
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1 | | indicated his support of the issuance of the license; |
2 | | (8) the premises is a 2-story building of approximately |
3 | | 23,000 square feet; and |
4 | | (9) the premises houses a ballroom on its ground floor |
5 | | of approximately 5,000 square feet. |
6 | | (y) 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 school 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) according to the municipality, the distance |
17 | | between the east property line of the premises and the west |
18 | | property line of the school is 97.8 feet; |
19 | | (4) the school is a City of Chicago School District 299 |
20 | | school; |
21 | | (5) the school has been operating since 1959; |
22 | | (6) the primary entrance to the premises and the |
23 | | primary entrance to the school are located on the same |
24 | | street; |
25 | | (7) the street on which the entrances of the premises |
26 | | and the school are located is a major diagonal |
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1 | | thoroughfare; |
2 | | (8) the premises is a single-story building of |
3 | | approximately 2,900 square feet; and |
4 | | (9) the premises is used for commercial purposes only. |
5 | | (z) 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 mosque 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 a free-standing building that has |
22 | | "drive-through" pharmacy service; |
23 | | (8) the premises has approximately 14,490 square feet |
24 | | of retail space; |
25 | | (9) the premises has approximately 799 square feet of |
26 | | pharmacy space; |
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1 | | (10) the premises is located on a major arterial street |
2 | | that runs east-west 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 | | (aa) 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 licensee shall only sell packaged liquors at |
15 | | the premises; |
16 | | (3) the licensee is a national retail chain having over |
17 | | 100 locations within the municipality; |
18 | | (4) the licensee has over 8,000 locations nationwide; |
19 | | (5) the licensee has locations in all 50 states; |
20 | | (6) the premises is located in the North-East quadrant |
21 | | of the municipality; |
22 | | (7) the premises is located across the street from a |
23 | | national grocery chain outlet; |
24 | | (8) the premises has approximately 16,148 square feet |
25 | | of retail space; |
26 | | (9) the premises has approximately 992 square feet of |
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1 | | pharmacy space; |
2 | | (10) the premises is located on a major arterial street |
3 | | that runs north-south and accepts truck traffic; and |
4 | | (11) the alderman of the ward in which the premises is |
5 | | located has expressed, in writing, his or her support for |
6 | | the issuance of the license. |
7 | | (bb) Notwithstanding any provision of 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 within 100 |
12 | | feet of a church if: |
13 | | (1) the sale of alcoholic liquor is not the principal |
14 | | business carried on by the licensee at the premises; |
15 | | (2) the sale of alcoholic liquor at the premises is |
16 | | incidental to the sale of food; |
17 | | (3) the primary entrance to the premises and the |
18 | | primary entrance to the church are located on the same |
19 | | street; |
20 | | (4) the premises is across the street from the church; |
21 | | (5) the street on which the premises and the church are |
22 | | located is a major arterial street that runs east-west; |
23 | | (6) the church is an elder-led and Bible-based Assyrian |
24 | | church; |
25 | | (7) the premises and the church are both single-story |
26 | | buildings; |
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1 | | (8) the storefront directly west of the restaurant is |
2 | | being used as a restaurant; and |
3 | | (9) the distance between the northern-most property |
4 | | line of the premises and the southern-most property line of |
5 | | the church is 78 feet. |
6 | | (cc) 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 school 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 licensee shall only sell packaged liquors at |
15 | | the premises; |
16 | | (3) the licensee is a national retail chain; |
17 | | (4) as of October 25, 2011, the licensee has 1,767 |
18 | | stores operating nationwide, 87 stores operating in the |
19 | | State, and 10 stores operating within the municipality; |
20 | | (5) the licensee shall occupy approximately 124,000 |
21 | | square feet of space in the basement and first and second |
22 | | floors of a building located across the street from a |
23 | | school; |
24 | | (6) the school opened in August of 2009 and occupies |
25 | | approximately 67,000 square feet of space; and |
26 | | (7) the building in which the premises shall be located |
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1 | | has been listed on the National Register of Historic Places |
2 | | since April 17, 1970. |
3 | | (dd) 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 was |
10 | | purchased from the municipality at a fair market price; |
11 | | (2) the premises is constructed on land that was |
12 | | previously used as a parking facility for public safety |
13 | | employees; |
14 | | (3) the sale of alcoholic liquor is not the principal |
15 | | business carried on by the licensee at the premises; |
16 | | (4) the main entrance to the store is more than 100 |
17 | | feet from the main entrance to the school; |
18 | | (5) the premises is to be new construction; |
19 | | (6) the school is a private school; |
20 | | (7) the principal of the school has given written |
21 | | approval for the license; |
22 | | (8) the alderman of the ward where the premises is |
23 | | located has given written approval of the issuance of the |
24 | | license; |
25 | | (9) the grocery store level of the premises is between |
26 | | 60,000 and 70,000 square feet; and |
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1 | | (10) the owner and operator of the grocery store |
2 | | operates 2 other grocery stores that have alcoholic liquor |
3 | | licenses within the same municipality. |
4 | | (ee) Notwithstanding any provision in 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 within a full-service grocery store at a premises that |
8 | | is located within a municipality with a population in excess of |
9 | | 1,000,000 inhabitants and is within 100 hundred feet of a |
10 | | school if: |
11 | | (1) the premises is constructed on land that once |
12 | | contained an industrial steel facility; |
13 | | (2) the premises is located on land that has undergone |
14 | | environmental remediation; |
15 | | (3) the premises is located within a retail complex |
16 | | containing retail stores where some of the stores sell |
17 | | alcoholic beverages; |
18 | | (4) the principal activity of any restaurant in the |
19 | | retail complex is the sale of food, and the sale of |
20 | | alcoholic liquor is incidental to the sale of food; |
21 | | (5) the sale of alcoholic liquor is not the principal |
22 | | business carried on by the grocery store; |
23 | | (6) the entrance to any business that sells alcoholic |
24 | | liquor is more than 100 feet from the entrance to the |
25 | | school; |
26 | | (7) the alderman of the ward where the premises is |
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1 | | located has given written approval of the issuance of the |
2 | | license; and |
3 | | (8) the principal of the school has given written |
4 | | consent to the issuance of the license. |
5 | | (Source: P.A. 96-283, eff. 8-11-09; 96-744, eff. 8-25-09; |
6 | | 96-851, eff. 12-23-09; 96-871, eff. 1-21-10; 96-1051, eff. |
7 | | 7-14-10; 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634, eff. |
8 | | 12-16-11.)
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9 | | Section 99. Effective date. This Act takes effect upon |
10 | | becoming law.
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