Full Text of SB2577 93rd General Assembly
SB2577enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning alcoholic liquor.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Section 6-11 as follows:
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| (235 ILCS 5/6-11) (from Ch. 43, par. 127)
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| Sec. 6-11. Sale near churches, schools, and hospitals.
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| (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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| 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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| church, the distance of 100 feet shall be measured to the | 24 |
| nearest part
of any building used for worship services or | 25 |
| educational programs and
not to property boundaries.
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| (b) Nothing in this Section shall prohibit the issuance of | 27 |
| a retail
license
authorizing the sale of alcoholic liquor to a | 28 |
| restaurant, the primary business
of which is the sale of goods | 29 |
| baked on the premises if (i) the restaurant is
newly | 30 |
| constructed and located on a lot of not less than 10,000 square | 31 |
| feet,
(ii) the restaurant costs at least $1,000,000 to | 32 |
| construct, (iii) the licensee
is the titleholder to the |
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| premises and resides on the premises, and (iv) the
construction | 2 |
| of the restaurant is completed within 18 months of the | 3 |
| effective
date of this amendatory Act of 1998.
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| (c) Nothing in this Section shall prohibit the issuance of | 5 |
| a retail
license
authorizing the sale of alcoholic liquor | 6 |
| incidental to a restaurant if (1) the
primary
business of the | 7 |
| restaurant consists of the sale of food where the sale of
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| liquor is incidental to the sale of food and the applicant is a | 9 |
| completely new
owner of the restaurant, (2) the immediately
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| prior owner or operator of the premises where the restaurant is | 11 |
| located
operated the premises as a restaurant and held a valid | 12 |
| retail license
authorizing the
sale of alcoholic liquor at the | 13 |
| restaurant for at least part of the 24 months
before the
change | 14 |
| of ownership, and (3) the restaurant is located 75 or more feet | 15 |
| from a
school.
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| (d) In the interest of further developing Illinois' economy | 17 |
| in the area
of
commerce, tourism, convention, and banquet | 18 |
| business, nothing in this
Section shall
prohibit issuance of a | 19 |
| retail license authorizing the sale of alcoholic
beverages to a | 20 |
| restaurant, banquet facility, grocery store, or hotel having
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| not fewer than
150 guest room accommodations located in a | 22 |
| municipality of more than 500,000
persons, notwithstanding the | 23 |
| proximity of such hotel, restaurant,
banquet facility, or | 24 |
| grocery store to any church or school, if the licensed
premises
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| described on the license are located within an enclosed mall or | 26 |
| building of a
height of at least 6 stories, or 60 feet in the | 27 |
| case of a building that has
been registered as a national | 28 |
| landmark, or in a grocery store having a
minimum of 56,010 | 29 |
| square feet of floor space in a single story building in an
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| open mall of at least 3.96 acres that is adjacent to a public | 31 |
| school that
opened as a boys technical high school in 1934, and | 32 |
| in each of these
cases if the sale of
alcoholic liquors is not | 33 |
| the principal business carried on by the licensee.
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| For purposes of this Section, a "banquet facility" is any | 35 |
| part of a
building that caters to private parties and where the | 36 |
| sale of alcoholic liquors
is not the principal business.
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| (e) Nothing in this Section shall prohibit the issuance of | 2 |
| a license to
a
church or private school to sell at retail | 3 |
| alcoholic liquor if any such
sales are limited to periods when | 4 |
| groups are assembled on the premises
solely for the promotion | 5 |
| of some common object other than the sale or
consumption of | 6 |
| alcoholic liquors.
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| (f) Nothing in this Section shall prohibit a church or | 8 |
| church affiliated
school
located in a home rule municipality or | 9 |
| in a municipality with 75,000 or more
inhabitants from locating
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| within 100 feet of a property for which there is a preexisting | 11 |
| license to sell
alcoholic liquor at retail. In these instances, | 12 |
| the local zoning authority
may, by ordinance adopted | 13 |
| simultaneously with the granting of an initial
special use | 14 |
| zoning permit for the church or church affiliated school, | 15 |
| provide
that the 100-foot restriction in this Section shall not | 16 |
| apply to that church or
church affiliated school and future | 17 |
| retail liquor licenses.
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| (g) Nothing in this Section shall prohibit the issuance of | 19 |
| a retail
license authorizing the sale of alcoholic liquor at | 20 |
| premises within 100 feet,
but not less than 90 feet, of a | 21 |
| public school if (1) the premises have been
continuously | 22 |
| licensed to sell alcoholic liquor
for a period of at least 50 | 23 |
| years,
(2) the premises are located in a municipality having a | 24 |
| population of over
500,000 inhabitants, (3) the licensee is an | 25 |
| individual who is a member of a
family that has held the | 26 |
| previous 3 licenses for that location for more than 25
years, | 27 |
| (4) the
principal of the school and the alderman of the ward in | 28 |
| which the school is
located have delivered a written statement | 29 |
| to the local liquor control
commissioner stating that they do | 30 |
| not object to the issuance of a license
under this subsection | 31 |
| (g), and (5) the local liquor control commissioner has
received | 32 |
| the written consent of a majority of the registered voters who | 33 |
| live
within 200 feet of the premises.
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| (h) Notwithstanding any provision in this Section to the | 35 |
| contrary, nothing in this Section shall prohibit the issuance | 36 |
| of a retail
license authorizing the sale of alcoholic liquor at |
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| a theater that is within 100 feet of a church if (1) the church | 2 |
| owns the theater, (2) the church leases the theater to one or | 3 |
| more entities, and
(3) the theater is used by at least 5 | 4 |
| different not-for-profit theater groups.
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| (Source: P.A. 91-357, eff.
7-29-99; 91-623, eff. 1-1-00; | 6 |
| 92-720, eff. 7-25-02; 92-813, eff. 8-21-02;
revised 9-18-02.)
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
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