SB1516 EnrolledLRB099 07834 RPS 27969 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 6-4 as follows:
 
6    (235 ILCS 5/6-4)  (from Ch. 43, par. 121)
7    Sec. 6-4. (a) No person licensed by any licensing authority
8as a distiller, or a wine manufacturer, or any subsidiary or
9affiliate thereof, or any officer, associate, member, partner,
10representative, employee, agent or shareholder owning more
11than 5% of the outstanding shares of such person shall be
12issued an importing distributor's or distributor's license,
13nor shall any person licensed by any licensing authority as an
14importing distributor, distributor or retailer, or any
15subsidiary or affiliate thereof, or any officer or associate,
16member, partner, representative, employee, agent or
17shareholder owning more than 5% of the outstanding shares of
18such person be issued a distiller's license or a wine
19manufacturer's license; and no person or persons licensed as a
20distiller by any licensing authority shall have any interest,
21directly or indirectly, with such distributor or importing
22distributor.
23    However, an importing distributor or distributor, which on

 

 

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1January 1, 1985 is owned by a brewer, or any subsidiary or
2affiliate thereof or any officer, associate, member, partner,
3representative, employee, agent or shareholder owning more
4than 5% of the outstanding shares of the importing distributor
5or distributor referred to in this paragraph, may own or
6acquire an ownership interest of more than 5% of the
7outstanding shares of a wine manufacturer and be issued a wine
8manufacturer's license by any licensing authority.
9    (b) The foregoing provisions shall not apply to any person
10licensed by any licensing authority as a distiller or wine
11manufacturer, or to any subsidiary or affiliate of any
12distiller or wine manufacturer who shall have been heretofore
13licensed by the State Commission as either an importing
14distributor or distributor during the annual licensing period
15expiring June 30, 1947, and shall actually have made sales
16regularly to retailers.
17    (c) Provided, however, that in such instances where a
18distributor's or importing distributor's license has been
19issued to any distiller or wine manufacturer or to any
20subsidiary or affiliate of any distiller or wine manufacturer
21who has, during the licensing period ending June 30, 1947, sold
22or distributed as such licensed distributor or importing
23distributor alcoholic liquors and wines to retailers, such
24distiller or wine manufacturer or any subsidiary or affiliate
25of any distiller or wine manufacturer holding such
26distributor's or importing distributor's license may continue

 

 

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1to sell or distribute to retailers such alcoholic liquors and
2wines which are manufactured, distilled, processed or marketed
3by distillers and wine manufacturers whose products it sold or
4distributed to retailers during the whole or any part of its
5licensing periods; and such additional brands and additional
6products may be added to the line of such distributor or
7importing distributor, provided, that such brands and such
8products were not sold or distributed by any distributor or
9importing distributor licensed by the State Commission during
10the licensing period ending June 30, 1947, but can not sell or
11distribute to retailers any other alcoholic liquors or wines.
12    (d) It shall be unlawful for any distiller licensed
13anywhere to have any stock ownership or interest in any
14distributor's or importing distributor's license wherein any
15other person has an interest therein who is not a distiller and
16does not own more than 5% of any stock in any distillery.
17Nothing herein contained shall apply to such distillers or
18their subsidiaries or affiliates, who had a distributor's or
19importing distributor's license during the licensing period
20ending June 30, 1947, which license was owned in whole by such
21distiller, or subsidiaries or affiliates of such distiller.
22    (e) Any person having been licensed as a manufacturer shall
23be permitted to receive one retailer's license for the premises
24in which he or she actually conducts such business, permitting
25only the retail sale of beer manufactured at such premises and
26only on such premises, but no such person shall be entitled to

 

 

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1more than one retailer's license in any event, and, other than
2a manufacturer of beer as stated above, no manufacturer or
3distributor or importing distributor, excluding airplane
4licensees exercising powers provided in paragraph (i) of
5Section 5-1 of this Act, or any subsidiary or affiliate
6thereof, or any officer, associate, member, partner,
7representative, employee or agent, or shareholder shall be
8issued a retailer's license, nor shall any person having a
9retailer's license, excluding airplane licensees exercising
10powers provided in paragraph (i) of Section 5-1 of this Act, or
11any subsidiary or affiliate thereof, or any officer, associate,
12member, partner, representative or agent, or shareholder be
13issued a manufacturer's license or importing distributor's
14license.
15    A person licensed as a craft distiller not affiliated with
16any other person manufacturing spirits may be authorized by the
17Commission to sell up to 2,500 gallons of spirits produced by
18the person to non-licensees for on or off-premises consumption
19for the premises in which he or she actually conducts business
20permitting only the retail sale of spirits manufactured at such
21premises. Such sales shall be limited to on-premises, in-person
22sales only, for lawful consumption on or off premises, and such
23authorization shall be considered a privilege granted by the
24craft distiller license. A craft distiller licensed for retail
25sale shall secure liquor liability insurance coverage in an
26amount at least equal to the maximum liability amounts set

 

 

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1forth in subsection (a) of Section 6-21 of this Act.
2    (f) (Blank). However, the foregoing prohibitions against
3any person licensed as a distiller or wine manufacturer being
4issued a retailer's license shall not apply:
5        (i) to any hotel, motel or restaurant whose principal
6    business is not the sale of alcoholic liquors if said
7    retailer's sales of any alcoholic liquors manufactured,
8    sold, distributed or controlled, directly or indirectly,
9    by any affiliate, subsidiary, officer, associate, member,
10    partner, representative, employee, agent or shareholder
11    owning more than 5% of the outstanding shares of such
12    person does not exceed 10% of the total alcoholic liquor
13    sales of said retail licensee; and
14        (ii) where the Commission determines, having
15    considered the public welfare, the economic impact upon the
16    State and the entirety of the facts and circumstances
17    involved, that the purpose and intent of this Section would
18    not be violated by granting an exemption.
19    (g) Notwithstanding any of the foregoing prohibitions, a
20limited wine manufacturer may sell at retail at its
21manufacturing site for on or off premises consumption and may
22sell to distributors. A limited wine manufacturer licensee
23shall secure liquor liability insurance coverage in an amount
24at least equal to the maximum liability amounts set forth in
25subsection (a) of Section 6-21 of this Act.
26    (h) The changes made to this Section by this amendatory Act

 

 

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1of the 99th General Assembly shall not diminish or impair the
2rights of any person, whether a distiller, wine manufacturer,
3agent, or affiliate thereof, who requested in writing and
4submitted documentation to the State Commission on or before
5February 18, 2015 to be approved for a retail license pursuant
6to what has heretofore been subsection (f); provided that, on
7or before that date, the State Commission considered the intent
8of that person to apply for the retail license under that
9subsection and, by recorded vote, the State Commission approved
10a resolution indicating that such a license application could
11be lawfully approved upon that person duly filing a formal
12application for a retail license and if that person, within 90
13days of the State Commission appearance and recorded vote,
14first filed an application with the appropriate local
15commission, which application was subsequently approved by the
16appropriate local commission prior to consideration by the
17State Commission of that person's application for a retail
18license. It is further provided that the State Commission may
19approve the person's application for a retail license or
20renewals of such license if such person continues to diligently
21adhere to all representations made in writing to the State
22Commission on or before February 18, 2015, or thereafter, or in
23the affidavit filed by that person with the State Commission to
24support the issuance of a retail license and to abide by all
25applicable laws and duly adopted rules.
26(Source: P.A. 96-1367, eff. 7-28-10; 97-606, eff. 8-26-11;

 

 

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197-1166, eff. 3-1-13.)
 
2    Section 10. If and only if Senate Bill 398 of the 99th
3General Assembly becomes law and the changes to Section 6-11 of
4the Liquor Control Act of 1934 in that bill become law in the
5form in which they appear in House Amendment No. 2 to that
6bill, then the Liquor Control Act of 1934 is amended by
7changing Section 6-11 as follows:
 
8    (235 ILCS 5/6-11)
9    Sec. 6-11. Sale near churches, schools, and hospitals.
10    (a) No license shall be issued for the sale at retail of
11any alcoholic liquor within 100 feet of any church, school
12other than an institution of higher learning, hospital, home
13for aged or indigent persons or for veterans, their spouses or
14children or any military or naval station, provided, that this
15prohibition shall not apply to hotels offering restaurant
16service, regularly organized clubs, or to restaurants, food
17shops or other places where sale of alcoholic liquors is not
18the principal business carried on if the place of business so
19exempted is not located in a municipality of more than 500,000
20persons, unless required by local ordinance; nor to the renewal
21of a license for the sale at retail of alcoholic liquor on
22premises within 100 feet of any church or school where the
23church or school has been established within such 100 feet
24since the issuance of the original license. In the case of a

 

 

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1church, the distance of 100 feet shall be measured to the
2nearest part of any building used for worship services or
3educational programs and not to property boundaries.
4    (a-5) Notwithstanding any provision of this Section to the
5contrary, a local liquor control commissioner may grant an
6exemption to the prohibition in subsection (a) of this Section
7if a local rule or ordinance authorizes the local liquor
8control commissioner to grant that exemption.
9    (b) Nothing in this Section shall prohibit the issuance of
10a retail license authorizing the sale of alcoholic liquor to a
11restaurant, the primary business of which is the sale of goods
12baked on the premises if (i) the restaurant is newly
13constructed and located on a lot of not less than 10,000 square
14feet, (ii) the restaurant costs at least $1,000,000 to
15construct, (iii) the licensee is the titleholder to the
16premises and resides on the premises, and (iv) the construction
17of the restaurant is completed within 18 months of the
18effective date of this amendatory Act of 1998.
19    (c) Nothing in this Section shall prohibit the issuance of
20a retail license authorizing the sale of alcoholic liquor
21incidental to a restaurant if (1) the primary business of the
22restaurant consists of the sale of food where the sale of
23liquor is incidental to the sale of food and the applicant is a
24completely new owner of the restaurant, (2) the immediately
25prior owner or operator of the premises where the restaurant is
26located operated the premises as a restaurant and held a valid

 

 

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1retail license authorizing the sale of alcoholic liquor at the
2restaurant for at least part of the 24 months before the change
3of ownership, and (3) the restaurant is located 75 or more feet
4from a school.
5    (d) In the interest of further developing Illinois' economy
6in the area of commerce, tourism, convention, and banquet
7business, nothing in this Section shall prohibit issuance of a
8retail license authorizing the sale of alcoholic beverages to a
9restaurant, banquet facility, grocery store, or hotel having
10not fewer than 150 guest room accommodations located in a
11municipality of more than 500,000 persons, notwithstanding the
12proximity of such hotel, restaurant, banquet facility, or
13grocery store to any church or school, if the licensed premises
14described on the license are located within an enclosed mall or
15building of a height of at least 6 stories, or 60 feet in the
16case of a building that has been registered as a national
17landmark, or in a grocery store having a minimum of 56,010
18square feet of floor space in a single story building in an
19open mall of at least 3.96 acres that is adjacent to a public
20school that opened as a boys technical high school in 1934, or
21in a grocery store having a minimum of 31,000 square feet of
22floor space in a single story building located a distance of
23more than 90 feet but less than 100 feet from a high school
24that opened in 1928 as a junior high school and became a senior
25high school in 1933, and in each of these cases if the sale of
26alcoholic liquors is not the principal business carried on by

 

 

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1the licensee.
2    For purposes of this Section, a "banquet facility" is any
3part of a building that caters to private parties and where the
4sale of alcoholic liquors is not the principal business.
5    (e) Nothing in this Section shall prohibit the issuance of
6a license to a church or private school to sell at retail
7alcoholic liquor if any such sales are limited to periods when
8groups are assembled on the premises solely for the promotion
9of some common object other than the sale or consumption of
10alcoholic liquors.
11    (f) Nothing in this Section shall prohibit a church or
12church affiliated school located in a home rule municipality or
13in a municipality with 75,000 or more inhabitants from locating
14within 100 feet of a property for which there is a preexisting
15license to sell alcoholic liquor at retail. In these instances,
16the local zoning authority may, by ordinance adopted
17simultaneously with the granting of an initial special use
18zoning permit for the church or church affiliated school,
19provide that the 100-foot restriction in this Section shall not
20apply to that church or church affiliated school and future
21retail liquor licenses.
22    (g) Nothing in this Section shall prohibit the issuance of
23a retail license authorizing the sale of alcoholic liquor at
24premises within 100 feet, but not less than 90 feet, of a
25public school if (1) the premises have been continuously
26licensed to sell alcoholic liquor for a period of at least 50

 

 

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1years, (2) the premises are located in a municipality having a
2population of over 500,000 inhabitants, (3) the licensee is an
3individual who is a member of a family that has held the
4previous 3 licenses for that location for more than 25 years,
5(4) the principal of the school and the alderman of the ward in
6which the school is located have delivered a written statement
7to the local liquor control commissioner stating that they do
8not object to the issuance of a license under this subsection
9(g), and (5) the local liquor control commissioner has received
10the written consent of a majority of the registered voters who
11live within 200 feet of the premises.
12    (h) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor within premises and at an outdoor patio area attached to
16premises that are located in a municipality with a population
17in excess of 300,000 inhabitants and that are within 100 feet
18of a church if:
19        (1) the sale of alcoholic liquor at the premises is
20    incidental to the sale of food,
21        (2) the sale of liquor is not the principal business
22    carried on by the licensee at the premises,
23        (3) the premises are less than 1,000 square feet,
24        (4) the premises are owned by the University of
25    Illinois,
26        (5) the premises are immediately adjacent to property

 

 

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1    owned by a church and are not less than 20 nor more than 40
2    feet from the church space used for worship services, and
3        (6) the principal religious leader at the place of
4    worship has indicated his or her support for the issuance
5    of the license in writing.
6    (i) Notwithstanding any provision in this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license to sell alcoholic liquor at a premises
9that is located within a municipality with a population in
10excess of 300,000 inhabitants and is within 100 feet of a
11church, synagogue, or other place of worship if:
12        (1) the primary entrance of the premises and the
13    primary entrance of the church, synagogue, or other place
14    of worship are at least 100 feet apart, on parallel
15    streets, and separated by an alley; and
16        (2) the principal religious leader at the place of
17    worship has not indicated his or her opposition to the
18    issuance or renewal of the license in writing.
19    (j) Notwithstanding any provision in this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21of a retail license authorizing the sale of alcoholic liquor at
22a theater that is within 100 feet of a church if (1) the church
23owns the theater, (2) the church leases the theater to one or
24more entities, and (3) the theater is used by at least 5
25different not-for-profit theater groups.
26    (k) Notwithstanding any provision in this Section to the

 

 

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1contrary, nothing in this Section shall prohibit the issuance
2or renewal of a license authorizing the sale of alcoholic
3liquor at a premises that is located within a municipality with
4a population in excess of 1,000,000 inhabitants and is within
5100 feet of a school if:
6        (1) the primary entrance of the premises and the
7    primary entrance of the school are parallel, on different
8    streets, and separated by an alley;
9        (2) the southeast corner of the premises are at least
10    350 feet from the southwest corner of the school;
11        (3) the school was built in 1978;
12        (4) the sale of alcoholic liquor at the premises is
13    incidental to the sale of food;
14        (5) the sale of alcoholic liquor is not the principal
15    business carried on by the licensee at the premises;
16        (6) the applicant is the owner of the restaurant and
17    has held a valid license authorizing the sale of alcoholic
18    liquor for the business to be conducted on the premises at
19    a different location for more than 7 years; and
20        (7) the premises is at least 2,300 square feet and sits
21    on a lot that is between 6,100 and 6,150 square feet.
22    (l) Notwithstanding any provision in this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor at a premises that is located within a municipality with
26a population in excess of 1,000,000 inhabitants and is within

 

 

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1100 feet of a church or school if:
2        (1) the primary entrance of the premises and the
3    closest entrance of the church or school is at least 90
4    feet apart and no greater than 95 feet apart;
5        (2) the shortest distance between the premises and the
6    church or school is at least 80 feet apart and no greater
7    than 85 feet apart;
8        (3) the applicant is the owner of the restaurant and on
9    November 15, 2006 held a valid license authorizing the sale
10    of alcoholic liquor for the business to be conducted on the
11    premises for at least 14 different locations;
12        (4) the sale of alcoholic liquor at the premises is
13    incidental to the sale of food;
14        (5) the sale of alcoholic liquor is not the principal
15    business carried on by the licensee at the premises;
16        (6) the premises is at least 3,200 square feet and sits
17    on a lot that is between 7,150 and 7,200 square feet; and
18        (7) the principal religious leader at the place of
19    worship has not indicated his or her opposition to the
20    issuance or renewal of the license in writing.
21    (m) Notwithstanding any provision in this Section to the
22contrary, nothing in this Section shall prohibit the issuance
23or renewal of a license authorizing the sale of alcoholic
24liquor at a premises that is located within a municipality with
25a population in excess of 1,000,000 inhabitants and is within
26100 feet of a church if:

 

 

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1        (1) the premises and the church are perpendicular, and
2    the primary entrance of the premises faces South while the
3    primary entrance of the church faces West and the distance
4    between the two entrances is more than 100 feet;
5        (2) the shortest distance between the premises lot line
6    and the exterior wall of the church is at least 80 feet;
7        (3) the church was established at the current location
8    in 1916 and the present structure was erected in 1925;
9        (4) the premises is a single story, single use building
10    with at least 1,750 square feet and no more than 2,000
11    square feet;
12        (5) the sale of alcoholic liquor at the premises is
13    incidental to the sale of food;
14        (6) the sale of alcoholic liquor is not the principal
15    business carried on by the licensee at the premises; and
16        (7) the principal religious leader at the place of
17    worship has not indicated his or her opposition to the
18    issuance or renewal of the license in writing.
19    (n) Notwithstanding any provision in this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of a license authorizing the sale of alcoholic
22liquor at a premises that is located within a municipality with
23a population in excess of 1,000,000 inhabitants and is within
24100 feet of a school if:
25        (1) the school is a City of Chicago School District 299
26    school;

 

 

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1        (2) the school is located within subarea E of City of
2    Chicago Residential Business Planned Development Number
3    70;
4        (3) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee on the premises;
6        (4) the sale of alcoholic liquor at the premises is
7    incidental to the sale of food; and
8        (5) the administration of City of Chicago School
9    District 299 has expressed, in writing, its support for the
10    issuance of the license.
11    (o) Notwithstanding any provision of this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a retail license authorizing the sale of
14alcoholic liquor at a premises that is located within a
15municipality in excess of 1,000,000 inhabitants and within 100
16feet of a church if:
17        (1) the sale of alcoholic liquor at the premises is
18    incidental to the sale of food;
19        (2) the sale of alcoholic liquor is not the principal
20    business carried on by the licensee at the premises;
21        (3) the premises is located on a street that runs
22    perpendicular to the street on which the church is located;
23        (4) the primary entrance of the premises is at least
24    100 feet from the primary entrance of the church;
25        (5) the shortest distance between any part of the
26    premises and any part of the church is at least 60 feet;

 

 

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1        (6) the premises is between 3,600 and 4,000 square feet
2    and sits on a lot that is between 3,600 and 4,000 square
3    feet; and
4        (7) the premises was built in the year 1909.
5    For purposes of this subsection (o), "premises" means a
6place of business together with a privately owned outdoor
7location that is adjacent to the place of business.
8    (p) Notwithstanding any provision in this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10or renewal of a license authorizing the sale of alcoholic
11liquor at a premises that is located within a municipality with
12a population in excess of 1,000,000 inhabitants and within 100
13feet of a church if:
14        (1) the shortest distance between the backdoor of the
15    premises, which is used as an emergency exit, and the
16    church is at least 80 feet;
17        (2) the church was established at the current location
18    in 1889; and
19        (3) liquor has been sold on the premises since at least
20    1985.
21    (q) Notwithstanding any provision of this Section to the
22contrary, nothing in this Section shall prohibit the issuance
23or renewal of a license authorizing the sale of alcoholic
24liquor within a premises that is located in a municipality with
25a population in excess of 1,000,000 inhabitants and within 100
26feet of a church-owned property if:

 

 

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1        (1) the premises is located within a larger building
2    operated as a grocery store;
3        (2) the area of the premises does not exceed 720 square
4    feet and the area of the larger building exceeds 18,000
5    square feet;
6        (3) the larger building containing the premises is
7    within 100 feet of the nearest property line of a
8    church-owned property on which a church-affiliated school
9    is located;
10        (4) the sale of liquor is not the principal business
11    carried on within the larger building;
12        (5) the primary entrance of the larger building and the
13    premises and the primary entrance of the church-affiliated
14    school are on different, parallel streets, and the distance
15    between the 2 primary entrances is more than 100 feet;
16        (6) the larger building is separated from the
17    church-owned property and church-affiliated school by an
18    alley;
19        (7) the larger building containing the premises and the
20    church building front are on perpendicular streets and are
21    separated by a street; and
22        (8) (Blank).
23    (r) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit the issuance,
25renewal, or maintenance of a license authorizing the sale of
26alcoholic liquor incidental to the sale of food within a

 

 

SB1516 Enrolled- 19 -LRB099 07834 RPS 27969 b

1restaurant established in a premises that is located in a
2municipality with a population in excess of 1,000,000
3inhabitants and within 100 feet of a church if:
4        (1) the primary entrance of the church and the primary
5    entrance of the restaurant are at least 100 feet apart;
6        (2) the restaurant has operated on the ground floor and
7    lower level of a multi-story, multi-use building for more
8    than 40 years;
9        (3) the primary business of the restaurant consists of
10    the sale of food where the sale of liquor is incidental to
11    the sale of food;
12        (4) the sale of alcoholic liquor is conducted primarily
13    in the below-grade level of the restaurant to which the
14    only public access is by a staircase located inside the
15    restaurant; and
16        (5) the restaurant has held a license authorizing the
17    sale of alcoholic liquor on the premises for more than 40
18    years.
19    (s) Notwithstanding any provision of this Section to the
20contrary, nothing in this Section shall prohibit renewal of a
21license authorizing the sale of alcoholic liquor at a premises
22that is located within a municipality with a population more
23than 5,000 and less than 10,000 and is within 100 feet of a
24church if:
25        (1) the church was established at the location within
26    100 feet of the premises after a license for the sale of

 

 

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1    alcoholic liquor at the premises was first issued;
2        (2) a license for sale of alcoholic liquor at the
3    premises was first issued before January 1, 2007; and
4        (3) a license for the sale of alcoholic liquor on the
5    premises has been continuously in effect since January 1,
6    2007, except for interruptions between licenses of no more
7    than 90 days.
8    (t) Notwithstanding any provision of this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10or renewal of a license authorizing the sale of alcoholic
11liquor incidental to the sale of food within a restaurant that
12is established in a premises that is located in a municipality
13with a population in excess of 1,000,000 inhabitants and within
14100 feet of a school and a church if:
15        (1) the restaurant is located inside a five-story
16    building with over 16,800 square feet of commercial space;
17        (2) the area of the premises does not exceed 31,050
18    square feet;
19        (3) the area of the restaurant does not exceed 5,800
20    square feet;
21        (4) the building has no less than 78 condominium units;
22        (5) the construction of the building in which the
23    restaurant is located was completed in 2006;
24        (6) the building has 10 storefront properties, 3 of
25    which are used for the restaurant;
26        (7) the restaurant will open for business in 2010;

 

 

SB1516 Enrolled- 21 -LRB099 07834 RPS 27969 b

1        (8) the building is north of the school and separated
2    by an alley; and
3        (9) the principal religious leader of the church and
4    either the alderman of the ward in which the school is
5    located or the principal of the school have delivered a
6    written statement to the local liquor control commissioner
7    stating that he or she does not object to the issuance of a
8    license under this subsection (t).
9    (u) Notwithstanding any provision in this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license to sell alcoholic liquor at a premises
12that is located within a municipality with a population in
13excess of 1,000,000 inhabitants and within 100 feet of a school
14if:
15        (1) the premises operates as a restaurant and has been
16    in operation since February 2008;
17        (2) the applicant is the owner of the premises;
18        (3) the sale of alcoholic liquor is incidental to the
19    sale of food;
20        (4) the sale of alcoholic liquor is not the principal
21    business carried on by the licensee on the premises;
22        (5) the premises occupy the first floor of a 3-story
23    building that is at least 90 years old;
24        (6) the rear lot of the school and the rear corner of
25    the building that the premises occupy are separated by an
26    alley;

 

 

SB1516 Enrolled- 22 -LRB099 07834 RPS 27969 b

1        (7) the distance from the southwest corner of the
2    property line of the school and the northeast corner of the
3    building that the premises occupy is at least 16 feet, 5
4    inches;
5        (8) the distance from the rear door of the premises to
6    the southwest corner of the property line of the school is
7    at least 93 feet;
8        (9) the school is a City of Chicago School District 299
9    school;
10        (10) the school's main structure was erected in 1902
11    and an addition was built to the main structure in 1959;
12    and
13        (11) the principal of the school and the alderman in
14    whose district the premises are located have expressed, in
15    writing, their support for the issuance of the license.
16    (v) Notwithstanding any provision in this Section to the
17contrary, nothing in this Section shall prohibit the issuance
18or renewal of a license authorizing the sale of alcoholic
19liquor at a premises that is located within a municipality with
20a population in excess of 1,000,000 inhabitants and is within
21100 feet of a school if:
22        (1) the total land area of the premises for which the
23    license or renewal is sought is more than 600,000 square
24    feet;
25        (2) the premises for which the license or renewal is
26    sought has more than 600 parking stalls;

 

 

SB1516 Enrolled- 23 -LRB099 07834 RPS 27969 b

1        (3) the total area of all buildings on the premises for
2    which the license or renewal is sought exceeds 140,000
3    square feet;
4        (4) the property line of the premises for which the
5    license or renewal is sought is separated from the property
6    line of the school by a street;
7        (5) the distance from the school's property line to the
8    property line of the premises for which the license or
9    renewal is sought is at least 60 feet;
10        (6) as of the effective date of this amendatory Act of
11    the 97th General Assembly, the premises for which the
12    license or renewal is sought is located in the Illinois
13    Medical District.
14    (w) Notwithstanding any provision in this Section to the
15contrary, nothing in this Section shall prohibit the issuance
16or renewal of a license to sell alcoholic liquor at a premises
17that is located within a municipality with a population in
18excess of 1,000,000 inhabitants and within 100 feet of a church
19if:
20        (1) the sale of alcoholic liquor at the premises is
21    incidental to the sale of food;
22        (2) the sale of alcoholic liquor is not the principal
23    business carried on by the licensee at the premises;
24        (3) the premises occupy the first floor and basement of
25    a 2-story building that is 106 years old;
26        (4) the premises is at least 7,000 square feet and

 

 

SB1516 Enrolled- 24 -LRB099 07834 RPS 27969 b

1    located on a lot that is at least 11,000 square feet;
2        (5) the premises is located directly west of the
3    church, on perpendicular streets, and separated by an
4    alley;
5        (6) the distance between the property line of the
6    premises and the property line of the church is at least 20
7    feet;
8        (7) the distance between the primary entrance of the
9    premises and the primary entrance of the church is at least
10    130 feet; and
11        (8) the church has been at its location for at least 40
12    years.
13    (x) Notwithstanding any provision of this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor at a premises that is located within a municipality with
17a population in excess of 1,000,000 inhabitants and within 100
18feet of a church if:
19        (1) the sale of alcoholic liquor is not the principal
20    business carried on by the licensee at the premises;
21        (2) the church has been operating in its current
22    location since 1973;
23        (3) the premises has been operating in its current
24    location since 1988;
25        (4) the church and the premises are owned by the same
26    parish;

 

 

SB1516 Enrolled- 25 -LRB099 07834 RPS 27969 b

1        (5) the premises is used for cultural and educational
2    purposes;
3        (6) the primary entrance to the premises and the
4    primary entrance to the church are located on the same
5    street;
6        (7) the principal religious leader of the church has
7    indicated his support of the issuance of the license;
8        (8) the premises is a 2-story building of approximately
9    23,000 square feet; and
10        (9) the premises houses a ballroom on its ground floor
11    of approximately 5,000 square feet.
12    (y) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor at a premises that is located within a municipality with
16a population in excess of 1,000,000 inhabitants and within 100
17feet of a school if:
18        (1) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (2) the sale of alcoholic liquor at the premises is
21    incidental to the sale of food;
22        (3) according to the municipality, the distance
23    between the east property line of the premises and the west
24    property line of the school is 97.8 feet;
25        (4) the school is a City of Chicago School District 299
26    school;

 

 

SB1516 Enrolled- 26 -LRB099 07834 RPS 27969 b

1        (5) the school has been operating since 1959;
2        (6) the primary entrance to the premises and the
3    primary entrance to the school are located on the same
4    street;
5        (7) the street on which the entrances of the premises
6    and the school are located is a major diagonal
7    thoroughfare;
8        (8) the premises is a single-story building of
9    approximately 2,900 square feet; and
10        (9) the premises is used for commercial purposes only.
11    (z) Notwithstanding any provision of this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license authorizing the sale of alcoholic
14liquor at a premises that is located within a municipality with
15a population in excess of 1,000,000 inhabitants and within 100
16feet of a mosque if:
17        (1) the sale of alcoholic liquor is not the principal
18    business carried on by the licensee at the premises;
19        (2) the licensee shall only sell packaged liquors at
20    the premises;
21        (3) the licensee is a national retail chain having over
22    100 locations within the municipality;
23        (4) the licensee has over 8,000 locations nationwide;
24        (5) the licensee has locations in all 50 states;
25        (6) the premises is located in the North-East quadrant
26    of the municipality;

 

 

SB1516 Enrolled- 27 -LRB099 07834 RPS 27969 b

1        (7) the premises is a free-standing building that has
2    "drive-through" pharmacy service;
3        (8) the premises has approximately 14,490 square feet
4    of retail space;
5        (9) the premises has approximately 799 square feet of
6    pharmacy space;
7        (10) the premises is located on a major arterial street
8    that runs east-west and accepts truck traffic; and
9        (11) the alderman of the ward in which the premises is
10    located has expressed, in writing, his or her support for
11    the issuance of the license.
12    (aa) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor at a premises that is located within a municipality with
16a population in excess of 1,000,000 inhabitants and within 100
17feet of a church if:
18        (1) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (2) the licensee shall only sell packaged liquors at
21    the premises;
22        (3) the licensee is a national retail chain having over
23    100 locations within the municipality;
24        (4) the licensee has over 8,000 locations nationwide;
25        (5) the licensee has locations in all 50 states;
26        (6) the premises is located in the North-East quadrant

 

 

SB1516 Enrolled- 28 -LRB099 07834 RPS 27969 b

1    of the municipality;
2        (7) the premises is located across the street from a
3    national grocery chain outlet;
4        (8) the premises has approximately 16,148 square feet
5    of retail space;
6        (9) the premises has approximately 992 square feet of
7    pharmacy space;
8        (10) the premises is located on a major arterial street
9    that runs north-south and accepts truck traffic; and
10        (11) the alderman of the ward in which the premises is
11    located has expressed, in writing, his or her support for
12    the issuance of the license.
13    (bb) Notwithstanding any provision of this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor at a premises that is located within a municipality with
17a population in excess of 1,000,000 inhabitants and within 100
18feet of a church if:
19        (1) the sale of alcoholic liquor is not the principal
20    business carried on by the licensee at the premises;
21        (2) the sale of alcoholic liquor at the premises is
22    incidental to the sale of food;
23        (3) the primary entrance to the premises and the
24    primary entrance to the church are located on the same
25    street;
26        (4) the premises is across the street from the church;

 

 

SB1516 Enrolled- 29 -LRB099 07834 RPS 27969 b

1        (5) the street on which the premises and the church are
2    located is a major arterial street that runs east-west;
3        (6) the church is an elder-led and Bible-based Assyrian
4    church;
5        (7) the premises and the church are both single-story
6    buildings;
7        (8) the storefront directly west of the church is being
8    used as a restaurant; and
9        (9) the distance between the northern-most property
10    line of the premises and the southern-most property line of
11    the church is 65 feet.
12    (cc) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor at a premises that is located within a municipality with
16a population in excess of 1,000,000 inhabitants and within 100
17feet of a school if:
18        (1) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (2) the licensee shall only sell packaged liquors at
21    the premises;
22        (3) the licensee is a national retail chain;
23        (4) as of October 25, 2011, the licensee has 1,767
24    stores operating nationwide, 87 stores operating in the
25    State, and 10 stores operating within the municipality;
26        (5) the licensee shall occupy approximately 124,000

 

 

SB1516 Enrolled- 30 -LRB099 07834 RPS 27969 b

1    square feet of space in the basement and first and second
2    floors of a building located across the street from a
3    school;
4        (6) the school opened in August of 2009 and occupies
5    approximately 67,000 square feet of space; and
6        (7) the building in which the premises shall be located
7    has been listed on the National Register of Historic Places
8    since April 17, 1970.
9    (dd) Notwithstanding any provision in this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor within a full-service grocery store at a premises that
13is located within a municipality with a population in excess of
141,000,000 inhabitants and is within 100 feet of a school if:
15        (1) the premises is constructed on land that was
16    purchased from the municipality at a fair market price;
17        (2) the premises is constructed on land that was
18    previously used as a parking facility for public safety
19    employees;
20        (3) the sale of alcoholic liquor is not the principal
21    business carried on by the licensee at the premises;
22        (4) the main entrance to the store is more than 100
23    feet from the main entrance to the school;
24        (5) the premises is to be new construction;
25        (6) the school is a private school;
26        (7) the principal of the school has given written

 

 

SB1516 Enrolled- 31 -LRB099 07834 RPS 27969 b

1    approval for the license;
2        (8) the alderman of the ward where the premises is
3    located has given written approval of the issuance of the
4    license;
5        (9) the grocery store level of the premises is between
6    60,000 and 70,000 square feet; and
7        (10) the owner and operator of the grocery store
8    operates 2 other grocery stores that have alcoholic liquor
9    licenses within the same municipality.
10    (ee) Notwithstanding any provision in this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor within a full-service grocery store at a premises that
14is located within a municipality with a population in excess of
151,000,000 inhabitants and is within 100 feet of a school if:
16        (1) the premises is constructed on land that once
17    contained an industrial steel facility;
18        (2) the premises is located on land that has undergone
19    environmental remediation;
20        (3) the premises is located within a retail complex
21    containing retail stores where some of the stores sell
22    alcoholic beverages;
23        (4) the principal activity of any restaurant in the
24    retail complex is the sale of food, and the sale of
25    alcoholic liquor is incidental to the sale of food;
26        (5) the sale of alcoholic liquor is not the principal

 

 

SB1516 Enrolled- 32 -LRB099 07834 RPS 27969 b

1    business carried on by the grocery store;
2        (6) the entrance to any business that sells alcoholic
3    liquor is more than 100 feet from the entrance to the
4    school;
5        (7) the alderman of the ward where the premises is
6    located has given written approval of the issuance of the
7    license; and
8        (8) the principal of the school has given written
9    consent to the issuance of the license.
10    (ff) Notwithstanding any provision of this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor at a premises that is located within a municipality with
14a population in excess of 1,000,000 inhabitants and within 100
15feet of a school if:
16        (1) the sale of alcoholic liquor is not the principal
17    business carried on at the premises;
18        (2) the sale of alcoholic liquor at the premises is
19    incidental to the operation of a theater;
20        (3) the premises is a one and one-half-story building
21    of approximately 10,000 square feet;
22        (4) the school is a City of Chicago School District 299
23    school;
24        (5) the primary entrance of the premises and the
25    primary entrance of the school are at least 300 feet apart
26    and no more than 400 feet apart;

 

 

SB1516 Enrolled- 33 -LRB099 07834 RPS 27969 b

1        (6) the alderman of the ward in which the premises is
2    located has expressed, in writing, his support for the
3    issuance of the license; and
4        (7) the principal of the school has expressed, in
5    writing, that there is no objection to the issuance of a
6    license under this subsection (ff).
7    (gg) Notwithstanding any provision of this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license authorizing the sale of alcoholic
10liquor incidental to the sale of food within a restaurant or
11banquet facility established in a premises that is located in a
12municipality with a population in excess of 1,000,000
13inhabitants and within 100 feet of a church if:
14        (1) the sale of alcoholic liquor is not the principal
15    business carried on by the licensee at the premises;
16        (2) the property on which the church is located and the
17    property on which the premises are located are both within
18    a district originally listed on the National Register of
19    Historic Places on February 14, 1979;
20        (3) the property on which the premises are located
21    contains one or more multi-story buildings that are at
22    least 95 years old and have no more than three stories;
23        (4) the building in which the church is located is at
24    least 120 years old;
25        (5) the property on which the church is located is
26    immediately adjacent to and west of the property on which

 

 

SB1516 Enrolled- 34 -LRB099 07834 RPS 27969 b

1    the premises are located;
2        (6) the western boundary of the property on which the
3    premises are located is no less than 118 feet in length and
4    no more than 122 feet in length;
5        (7) as of December 31, 2012, both the church property
6    and the property on which the premises are located are
7    within 250 feet of City of Chicago Business-Residential
8    Planned Development Number 38;
9        (8) the principal religious leader at the place of
10    worship has indicated his or her support for the issuance
11    of the license in writing; and
12        (9) the alderman in whose district the premises are
13    located has expressed his or her support for the issuance
14    of the license in writing.
15    For the purposes of this subsection, "banquet facility"
16means the part of the building that is located on the floor
17above a restaurant and caters to private parties and where the
18sale of alcoholic liquors is not the principal business.
19    (hh) Notwithstanding any provision of this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of a license authorizing the sale of alcoholic
22liquor within a hotel and at an outdoor patio area attached to
23the hotel that are located in a municipality with a population
24in excess of 1,000,000 inhabitants and that are within 100 feet
25of a hospital if:
26        (1) the sale of alcoholic liquor is not the principal

 

 

SB1516 Enrolled- 35 -LRB099 07834 RPS 27969 b

1    business carried on by the licensee at the hotel;
2        (2) the hotel is located within the City of Chicago
3    Business Planned Development Number 468; and
4        (3) the hospital is located within the City of Chicago
5    Institutional Planned Development Number 3.
6    (ii) Notwithstanding any provision of this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor within a restaurant and at an outdoor patio area
10attached to the restaurant that are located in a municipality
11with a population in excess of 1,000,000 inhabitants and that
12are within 100 feet of a church if:
13        (1) the sale of alcoholic liquor at the premises is not
14    the principal business carried on by the licensee and is
15    incidental to the sale of food;
16        (2) the restaurant has been operated on the street
17    level of a 2-story building located on a corner lot since
18    2008;
19        (3) the restaurant is between 3,700 and 4,000 square
20    feet and sits on a lot that is no more than 6,200 square
21    feet;
22        (4) the primary entrance to the restaurant and the
23    primary entrance to the church are located on the same
24    street;
25        (5) the street on which the restaurant and the church
26    are located is a major east-west street;

 

 

SB1516 Enrolled- 36 -LRB099 07834 RPS 27969 b

1        (6) the restaurant and the church are separated by a
2    one-way northbound street;
3        (7) the church is located to the west of and no more
4    than 65 feet from the restaurant; and
5        (8) 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.
8    (jj) Notwithstanding any provision of this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10or renewal of a license authorizing the sale of alcoholic
11liquor at premises located within a municipality with a
12population in excess of 1,000,000 inhabitants and within 100
13feet of a church if:
14        (1) the sale of alcoholic liquor is not the principal
15    business carried on by the licensee at the premises;
16        (2) the sale of alcoholic liquor is incidental to the
17    sale of food;
18        (3) the premises are located east of the church, on
19    perpendicular streets, and separated by an alley;
20        (4) the distance between the primary entrance of the
21    premises and the primary entrance of the church is at least
22    175 feet;
23        (5) the distance between the property line of the
24    premises and the property line of the church is at least 40
25    feet;
26        (6) the licensee has been operating at the premises

 

 

SB1516 Enrolled- 37 -LRB099 07834 RPS 27969 b

1    since 2012;
2        (7) the church was constructed in 1904;
3        (8) 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; and
6        (9) 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    (jj).
10    (kk) Notwithstanding any provision of this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor at a premises that is located within a municipality with
14a population in excess of 1,000,000 inhabitants and within 100
15feet of a school if:
16        (1) the sale of alcoholic liquor is not the principal
17    business carried on by the licensee at the premises;
18        (2) the licensee shall only sell packaged liquors on
19    the premises;
20        (3) the licensee is a national retail chain;
21        (4) as of February 27, 2013, the licensee had 1,778
22    stores operating nationwide, 89 operating in this State,
23    and 11 stores operating within the municipality;
24        (5) the licensee shall occupy approximately 169,048
25    square feet of space within a building that is located
26    across the street from a tuition-based preschool; and

 

 

SB1516 Enrolled- 38 -LRB099 07834 RPS 27969 b

1        (6) 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    (ll) Notwithstanding any provision of this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6or renewal of a license authorizing the sale of alcoholic
7liquor at a premises that is located within a municipality with
8a population in excess of 1,000,000 inhabitants and within 100
9feet of a school 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 on
13    the premises;
14        (3) the licensee is a national retail chain;
15        (4) as of February 27, 2013, the licensee had 1,778
16    stores operating nationwide, 89 operating in this State,
17    and 11 stores operating within the municipality;
18        (5) the licensee shall occupy approximately 191,535
19    square feet of space within a building that is located
20    across the street from an elementary school; and
21        (6) the alderman of the ward in which the premises is
22    located has expressed, in writing, his or her support for
23    the issuance of the license.
24    (mm) Notwithstanding any provision of this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license authorizing the sale of alcoholic

 

 

SB1516 Enrolled- 39 -LRB099 07834 RPS 27969 b

1liquor within premises and at an outdoor patio or sidewalk
2cafe, or both, attached to premises that are located in a
3municipality with a population in excess of 1,000,000
4inhabitants and that are within 100 feet of a hospital if:
5        (1) the primary business of the restaurant consists of
6    the sale of food where the sale of liquor is incidental to
7    the sale of food;
8        (2) as a restaurant, the premises may or may not offer
9    catering as an incidental part of food service;
10        (3) the primary business of the restaurant is conducted
11    in space owned by a hospital or an entity owned or
12    controlled by, under common control with, or that controls
13    a hospital, and the chief hospital administrator has
14    expressed his or her support for the issuance of the
15    license in writing; and
16        (4) the hospital is an adult acute care facility
17    primarily located within the City of Chicago Institutional
18    Planned Development Number 3.
19    (nn) Notwithstanding any provision of this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of a license authorizing the sale of alcoholic
22liquor at a premises that is located within a municipality with
23a population in excess of 1,000,000 inhabitants and within 100
24feet of a church if:
25        (1) the sale of alcoholic liquor is not the principal
26    business carried out on the premises;

 

 

SB1516 Enrolled- 40 -LRB099 07834 RPS 27969 b

1        (2) the sale of alcoholic liquor at the premises is
2    incidental to the operation of a theater;
3        (3) the premises are a building that was constructed in
4    1913 and opened on May 24, 1915 as a vaudeville theater,
5    and the premises were converted to a motion picture theater
6    in 1935;
7        (4) the church was constructed in 1889 with a stone
8    exterior;
9        (5) the primary entrance of the premises and the
10    primary entrance of the church are at least 100 feet apart;
11    and
12        (6) the principal religious leader at the place of
13    worship has indicated his or her consent to the issuance of
14    the license in writing; and
15        (7) the alderman in whose ward the premises are located
16    has expressed his or her support for the issuance of the
17    license in writing.
18    (oo) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor at a premises that is located within a municipality with
22a population in excess of 1,000,000 inhabitants and within 100
23feet of a mosque, church, or other place of worship if:
24        (1) the primary entrance of the premises and the
25    primary entrance of the mosque, church, or other place of
26    worship are perpendicular and are on different streets;

 

 

SB1516 Enrolled- 41 -LRB099 07834 RPS 27969 b

1        (2) the primary entrance to the premises faces West and
2    the primary entrance to the mosque, church, or other place
3    of worship faces South;
4        (3) the distance between the 2 primary entrances is at
5    least 100 feet;
6        (4) the mosque, church, or other place of worship was
7    established in a location within 100 feet of the premises
8    after a license for the sale of alcohol at the premises was
9    first issued;
10        (5) the mosque, church, or other place of worship was
11    established on or around January 1, 2011;
12        (6) a license for the sale of alcohol at the premises
13    was first issued on or before January 1, 1985;
14        (7) a license for the sale of alcohol at the premises
15    has been continuously in effect since January 1, 1985,
16    except for interruptions between licenses of no more than
17    90 days; and
18        (8) the premises are a single-story, single-use
19    building of at least 3,000 square feet and no more than
20    3,380 square feet.
21    (pp) Notwithstanding any provision of this Section to the
22contrary, nothing in this Section shall prohibit the issuance
23or renewal of a license authorizing the sale of alcoholic
24liquor incidental to the sale of food within a restaurant or
25banquet facility established on premises that are located in a
26municipality with a population in excess of 1,000,000

 

 

SB1516 Enrolled- 42 -LRB099 07834 RPS 27969 b

1inhabitants and within 100 feet of at least one church if:
2        (1) the sale of liquor shall not be the principal
3    business carried on by the licensee at the premises;
4        (2) the premises are at least 2,000 square feet and no
5    more than 10,000 square feet and is located in a
6    single-story building;
7        (3) the property on which the premises are located is
8    within an area that, as of 2009, was designated as a
9    Renewal Community by the United States Department of
10    Housing and Urban Development;
11        (4) the property on which the premises are located and
12    the properties on which the churches are located are on the
13    same street;
14        (5) the property on which the premises are located is
15    immediately adjacent to and east of the property on which
16    at least one of the churches is located;
17        (6) the property on which the premises are located is
18    across the street and southwest of the property on which
19    another church is located;
20        (7) the principal religious leaders of the churches
21    have indicated their support for the issuance of the
22    license in writing; and
23        (8) the alderman in whose ward the premises are located
24    has expressed his or her support for the issuance of the
25    license in writing.
26    For purposes of this subsection (pp), "banquet facility"

 

 

SB1516 Enrolled- 43 -LRB099 07834 RPS 27969 b

1means the part of the building that caters to private parties
2and where the sale of alcoholic liquors is not the principal
3business.
4    (qq) Notwithstanding any provision of this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6or renewal of a license authorizing the sale of alcoholic
7liquor on premises that are located within a municipality with
8a population in excess of 1,000,000 inhabitants and within 100
9feet of a church or school if:
10        (1) the primary entrance of the premises and the
11    closest entrance of the church or school are at least 200
12    feet apart and no greater than 300 feet apart;
13        (2) the shortest distance between the premises and the
14    church or school is at least 66 feet apart and no greater
15    than 81 feet apart;
16        (3) the premises are a single-story, steel-framed
17    commercial building with at least 18,042 square feet, and
18    was constructed in 1925 and 1997;
19        (4) the owner of the business operated within the
20    premises has been the general manager of a similar
21    supermarket within one mile from the premises, which has
22    had a valid license authorizing the sale of alcoholic
23    liquor since 2002, and is in good standing with the City of
24    Chicago;
25        (5) the principal religious leader at the place of
26    worship has indicated his or her support to the issuance or

 

 

SB1516 Enrolled- 44 -LRB099 07834 RPS 27969 b

1    renewal of the license in writing;
2        (6) the alderman of the ward has indicated his or her
3    support to the issuance or renewal of the license in
4    writing; and
5        (7) the principal of the school has indicated his or
6    her support to the issuance or renewal of the license in
7    writing.
8    (rr) Notwithstanding any provision of this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10or renewal of a license authorizing the sale of alcoholic
11liquor at premises located within a municipality with a
12population in excess of 1,000,000 inhabitants and within 100
13feet of a club that leases space to a school if:
14        (1) the sale of alcoholic liquor is not the principal
15    business carried out on the premises;
16        (2) the sale of alcoholic liquor at the premises is
17    incidental to the operation of a grocery store;
18        (3) the premises are a building of approximately 1,750
19    square feet and is rented by the owners of the grocery
20    store from a family member;
21        (4) the property line of the premises is approximately
22    68 feet from the property line of the club;
23        (5) the primary entrance of the premises and the
24    primary entrance of the club where the school leases space
25    are at least 100 feet apart;
26        (6) the director of the club renting space to the

 

 

SB1516 Enrolled- 45 -LRB099 07834 RPS 27969 b

1    school has indicated his or her consent to the issuance of
2    the license in writing; and
3        (7) the alderman in whose district the premises are
4    located has expressed his or her support for the issuance
5    of the license in writing.
6    (ss) Notwithstanding any provision of this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor at premises located within a municipality with a
10population in excess of 1,000,000 inhabitants and within 100
11feet of a church if:
12        (1) the premises are located within a 15 unit building
13    with 13 residential apartments and 2 commercial spaces, and
14    the licensee will occupy both commercial spaces;
15        (2) a restaurant has been operated on the premises
16    since June 2011;
17        (3) the restaurant currently occupies 1,075 square
18    feet, but will be expanding to include 975 additional
19    square feet;
20        (4) the sale of alcoholic liquor is not the principal
21    business carried on by the licensee at the premises;
22        (5) the premises are located south of the church and on
23    the same street and are separated by a one-way westbound
24    street;
25        (6) the primary entrance of the premises is at least 93
26    feet from the primary entrance of the church;

 

 

SB1516 Enrolled- 46 -LRB099 07834 RPS 27969 b

1        (7) the shortest distance between any part of the
2    premises and any part of the church is at least 72 feet;
3        (8) the building in which the restaurant is located was
4    built in 1910;
5        (9) the alderman of the ward in which the premises are
6    located has expressed, in writing, his or her support for
7    the issuance of the license; and
8        (10) the principal religious leader of the church has
9    delivered a written statement that he or she does not
10    object to the issuance of a license under this subsection
11    (ss).
12    (tt) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor at premises located within a municipality with a
16population in excess of 1,000,000 inhabitants and within 100
17feet of a church if:
18        (1) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (2) the sale of alcoholic liquor is incidental to the
21    sale of food;
22        (3) the sale of alcoholic liquor at the premises was
23    previously authorized by a package goods liquor license;
24        (4) the premises are at least 40,000 square feet with
25    25 parking spaces in the contiguous surface lot to the
26    north of the store and 93 parking spaces on the roof;

 

 

SB1516 Enrolled- 47 -LRB099 07834 RPS 27969 b

1        (5) the shortest distance between the lot line of the
2    parking lot of the premises and the exterior wall of the
3    church is at least 80 feet;
4        (6) the distance between the building in which the
5    church is located and the building in which the premises
6    are located is at least 180 feet;
7        (7) the main entrance to the church faces west and is
8    at least 257 feet from the main entrance of the premises;
9    and
10        (8) the applicant is the owner of 10 similar grocery
11    stores within the City of Chicago and the surrounding area
12    and has been in business for more than 30 years.
13    (uu) Notwithstanding any provision of this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor at premises located within a municipality with a
17population in excess of 1,000,000 inhabitants and within 100
18feet of a church if:
19        (1) the sale of alcoholic liquor is not the principal
20    business carried on by the licensee at the premises;
21        (2) the sale of alcoholic liquor is incidental to the
22    operation of a grocery store;
23        (3) the premises are located in a building that is
24    approximately 68,000 square feet with 157 parking spaces on
25    property that was previously vacant land;
26        (4) the main entrance to the church faces west and is

 

 

SB1516 Enrolled- 48 -LRB099 07834 RPS 27969 b

1    at least 500 feet from the entrance of the premises, which
2    faces north;
3        (5) the church and the premises are separated by an
4    alley;
5        (6) the applicant is the owner of 9 similar grocery
6    stores in the City of Chicago and the surrounding area and
7    has been in business for more than 40 years; and
8        (7) the alderman of the ward in which the premises are
9    located has expressed, in writing, his or her support for
10    the issuance of the license.
11    (vv) Notwithstanding any provision of this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license authorizing the sale of alcoholic
14liquor at premises located within a municipality with a
15population in excess of 1,000,000 inhabitants and within 100
16feet of a church if:
17        (1) the sale of alcoholic liquor is the principal
18    business carried on by the licensee at the premises;
19        (2) the sale of alcoholic liquor is primary to the sale
20    of food;
21        (3) the premises are located south of the church and on
22    perpendicular streets and are separated by a driveway;
23        (4) the primary entrance of the premises is at least
24    100 feet from the primary entrance of the church;
25        (5) the shortest distance between any part of the
26    premises and any part of the church is at least 15 feet;

 

 

SB1516 Enrolled- 49 -LRB099 07834 RPS 27969 b

1        (6) the premises are less than 100 feet from the church
2    center, but greater than 100 feet from the area within the
3    building where church services are held;
4        (7) the premises are 25,830 square feet and sit on a
5    lot that is 0.48 acres;
6        (8) the premises were once designated as a Korean
7    American Presbyterian Church and were once used as a
8    Masonic Temple;
9        (9) the premises were built in 1910;
10        (10) the alderman of the ward in which the premises are
11    located has expressed, in writing, his or her support for
12    the issuance of the license; and
13        (11) the principal religious leader of the church has
14    delivered a written statement that he or she does not
15    object to the issuance of a license under this subsection
16    (vv).
17    For the purposes of this subsection (vv), "premises" means
18a place of business together with a privately owned outdoor
19location that is adjacent to the place of business.
20    (ww) Notwithstanding any provision of this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license authorizing the sale of alcoholic
23liquor at premises located within a municipality with a
24population in excess of 1,000,000 inhabitants and within 100
25feet of a school if:
26        (1) the school is located within Sub Area III of City

 

 

SB1516 Enrolled- 50 -LRB099 07834 RPS 27969 b

1    of Chicago Residential-Business Planned Development Number
2    523, as amended; and
3        (2) the premises are located within Sub Area I, Sub
4    Area II, or Sub Area IV of City of Chicago
5    Residential-Business Planned Development Number 523, as
6    amended.
7    (xx) Notwithstanding any provision of this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license authorizing the sale of alcoholic
10liquor at premises located within a municipality with a
11population in excess of 1,000,000 inhabitants and within 100
12feet of a church if:
13        (1) the sale of wine or wine-related products is the
14    exclusive business carried on by the licensee at the
15    premises;
16        (2) the primary entrance of the premises and the
17    primary entrance of the church are at least 100 feet apart
18    and are located on different streets;
19        (3) the building in which the premises are located and
20    the building in which the church is located are separated
21    by an alley;
22        (4) the premises consists of less than 2,000 square
23    feet of floor area dedicated to the sale of wine or
24    wine-related products;
25        (5) the premises are located on the first floor of a
26    2-story building that is at least 99 years old and has a

 

 

SB1516 Enrolled- 51 -LRB099 07834 RPS 27969 b

1    residential unit on the second floor; and
2        (6) the principal religious leader at the church has
3    indicated his or her support for the issuance or renewal of
4    the license in writing.
5(Source: P.A. 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634,
6eff. 12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12;
797-806, eff. 7-13-12; 97-1166, eff. 3-1-13; 98-274, eff.
88-9-13; 98-463, eff. 8-16-13; 98-571, eff. 8-27-13; 98-592,
9eff. 11-15-13; 98-1092, eff. 8-26-14; 98-1158, eff. 1-9-15;
1009900SB0398ham002.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law, except that Section 10 takes effect upon becoming
13law or on the date Senate Bill 398 of the 99th General Assembly
14takes effect, whichever is later.