Rep. Donald L. Moffitt

Filed: 5/28/2008

 

 


 

 


 
09500HB3200ham001 LRB095 09332 RLJ 50908 a

1
AMENDMENT TO HOUSE BILL 3200

2     AMENDMENT NO. ______. Amend House Bill 3200 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Liquor Control Act of 1934 is amended by
5 changing Section 6-11 as follows:
 
6     (235 ILCS 5/6-11)  (from Ch. 43, par. 127)
7     Sec. 6-11. Sale near churches, schools, and hospitals.
8     (a) No license shall be issued for the sale at retail of
9 any alcoholic liquor within 100 feet of any church, school
10 other than an institution of higher learning, hospital, home
11 for aged or indigent persons or for veterans, their spouses or
12 children or any military or naval station, provided, that this
13 prohibition shall not apply to hotels offering restaurant
14 service, regularly organized clubs, or to restaurants, food
15 shops or other places where sale of alcoholic liquors is not
16 the principal business carried on if the place of business so

 

 

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1 exempted is not located in a municipality of more than 500,000
2 persons, unless required by local ordinance; nor to the renewal
3 of a license for the sale at retail of alcoholic liquor on
4 premises within 100 feet of any church or school where the
5 church or school has been established within such 100 feet
6 since the issuance of the original license. In the case of a
7 church, the distance of 100 feet shall be measured to the
8 nearest part of any building used for worship services or
9 educational programs and not to property boundaries.
10     (b) Nothing in this Section shall prohibit the issuance of
11 a retail license authorizing the sale of alcoholic liquor to a
12 restaurant, the primary business of which is the sale of goods
13 baked on the premises if (i) the restaurant is newly
14 constructed and located on a lot of not less than 10,000 square
15 feet, (ii) the restaurant costs at least $1,000,000 to
16 construct, (iii) the licensee is the titleholder to the
17 premises and resides on the premises, and (iv) the construction
18 of the restaurant is completed within 18 months of the
19 effective date of this amendatory Act of 1998.
20     (c) Nothing in this Section shall prohibit the issuance of
21 a retail license authorizing the sale of alcoholic liquor
22 incidental to a restaurant if (1) the primary business of the
23 restaurant consists of the sale of food where the sale of
24 liquor is incidental to the sale of food and the applicant is a
25 completely new owner of the restaurant, (2) the immediately
26 prior owner or operator of the premises where the restaurant is

 

 

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

 

 

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

 

 

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1 licensed to sell alcoholic liquor for a period of at least 50
2 years, (2) the premises are located in a municipality having a
3 population of over 500,000 inhabitants, (3) the licensee is an
4 individual who is a member of a family that has held the
5 previous 3 licenses for that location for more than 25 years,
6 (4) the principal of the school and the alderman of the ward in
7 which the school is located have delivered a written statement
8 to the local liquor control commissioner stating that they do
9 not object to the issuance of a license under this subsection
10 (g), and (5) the local liquor control commissioner has received
11 the written consent of a majority of the registered voters who
12 live within 200 feet of the premises.
13     (h) Notwithstanding any provision of this Section to the
14 contrary, nothing in this Section shall prohibit the issuance
15 or renewal of a license authorizing the sale of alcoholic
16 liquor within premises and at an outdoor patio area attached to
17 premises that are located in a municipality with a population
18 in excess of 300,000 inhabitants and that are within 100 feet
19 of a church if:
20         (1) the sale of alcoholic liquor at the premises is
21     incidental to the sale of food,
22         (2) the sale of liquor is not the principal business
23     carried on by the licensee at the premises,
24         (3) the premises are less than 1,000 square feet,
25         (4) the premises are owned by the University of
26     Illinois,

 

 

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

 

 

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

 

 

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1 a population in excess of 1,000,000 inhabitants and is within
2 100 feet of a church or school if:
3         (1) the primary entrance of the premises and the
4     closest entrance of the church or school is at least 90
5     feet apart and no greater than 95 feet apart;
6         (2) the shortest distance between the premises and the
7     church or school is at least 80 feet apart and no greater
8     than 85 feet apart;
9         (3) the applicant is the owner of the restaurant and on
10     November 15, 2006 held a valid license authorizing the sale
11     of alcoholic liquor for the business to be conducted on the
12     premises for at least 14 different locations;
13         (4) the sale of alcoholic liquor at the premises is
14     incidental to the sale of food;
15         (5) the sale of alcoholic liquor is not the principal
16     business carried on by the licensee at the premises;
17         (6) the premises is at least 3,200 square feet and sits
18     on a lot that is between 7,150 and 7,200 square feet; and
19         (7) the principal religious leader at the place of
20     worship has not indicated his or her opposition to the
21     issuance or renewal of the license in writing.
22     (m) Notwithstanding any provision of this Section to the
23 contrary, nothing in this Section shall prohibit the issuance
24 or renewal of a license authorizing the sale of alcoholic
25 liquor at a premises that is located within a municipality with
26 a population more than 5,000 and less than 10,000 and is within

 

 

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1 100 feet of a church if:
2         (1) the church was established at the location within
3     100 feet of the premises after a license for the sale of
4     alcoholic liquor at the premises was first issued; and
5         (2) a license for sale of alcoholic liquor at the
6     premises was first issued before January 1, 2007; and
7         (3) a license for the sale of alcoholic liquor on the
8     premises has been continuously in effect since January 1,
9     2007, except for interruptions between licenses of no more
10     than 90 days.
11 (Source: P.A. 94-1103, eff. 2-9-07; 95-331, eff. 8-21-07.)
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.".