Full Text of HB3450 97th General Assembly
HB3450sam001 97TH GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 1/2/2013
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| 1 | | AMENDMENT TO HOUSE BILL 3450
| 2 | | AMENDMENT NO. ______. Amend House Bill 3450 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 Sections 5-1, 6-4, 6-11, and 6-15 as follows: | 6 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | 7 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control | 8 | | Commission
shall be of the following classes: | 9 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 10 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| 11 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | 12 | | First Class Winemaker, Class 7. Second Class Winemaker, Class | 13 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | 14 | | 10. Craft Brewer, | 15 | | (b) Distributor's license, | 16 | | (c) Importing Distributor's license, |
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| 1 | | (d) Retailer's license, | 2 | | (e) Special Event Retailer's license (not-for-profit), | 3 | | (f) Railroad license, | 4 | | (g) Boat license, | 5 | | (h) Non-Beverage User's license, | 6 | | (i) Wine-maker's premises license, | 7 | | (j) Airplane license, | 8 | | (k) Foreign importer's license, | 9 | | (l) Broker's license, | 10 | | (m) Non-resident dealer's
license, | 11 | | (n) Brew Pub license, | 12 | | (o) Auction liquor license, | 13 | | (p) Caterer retailer license, | 14 | | (q) Special use permit license, | 15 | | (r) Winery shipper's license.
| 16 | | No
person, firm, partnership, corporation, or other legal | 17 | | business entity that is
engaged in the manufacturing of wine | 18 | | may concurrently obtain and hold a
wine-maker's license and a | 19 | | wine manufacturer's license. | 20 | | (a) A manufacturer's license shall allow the manufacture,
| 21 | | importation in bulk, storage, distribution and sale of | 22 | | alcoholic liquor
to persons without the State, as may be | 23 | | permitted by law and to licensees
in this State as follows: | 24 | | Class 1. A Distiller may make sales and deliveries of | 25 | | alcoholic liquor to
distillers, rectifiers, importing | 26 | | distributors, distributors and
non-beverage users and to no |
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| 1 | | other licensees. | 2 | | Class 2. A Rectifier, who is not a distiller, as defined | 3 | | herein, may make
sales and deliveries of alcoholic liquor to | 4 | | rectifiers, importing distributors,
distributors, retailers | 5 | | and non-beverage users and to no other licensees. | 6 | | Class 3. A Brewer may make sales and deliveries of beer to | 7 | | importing
distributors and distributors and may make sales as | 8 | | authorized under subsection (e) of Section 6-4 of this Act. | 9 | | Class 4. A first class wine-manufacturer may make sales and | 10 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
| 11 | | importing
distributors and distributors, and to no other | 12 | | licensees. | 13 | | Class 5. A second class Wine manufacturer may make sales | 14 | | and deliveries
of more than 50,000 gallons of wine to | 15 | | manufacturers, importing distributors
and distributors and to | 16 | | no other licensees. | 17 | | Class 6. A first-class wine-maker's license shall allow the | 18 | | manufacture
of up to 50,000 gallons of wine per year, and the
| 19 | | storage
and sale of such
wine to distributors in the State and | 20 | | to persons without the
State, as may be permitted by law. A | 21 | | person who, prior to the effective date of this amendatory Act | 22 | | of the 95th General Assembly, is a holder of a first-class | 23 | | wine-maker's license and annually produces more than 25,000 | 24 | | gallons of its own wine and who distributes its wine to | 25 | | licensed retailers shall cease this practice on or before July | 26 | | 1, 2008 in compliance with this amendatory Act of the 95th |
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| 1 | | General Assembly. | 2 | | Class 7. A second-class wine-maker's license shall allow | 3 | | the manufacture
of between 50,000 and 150,000 gallons of wine | 4 | | per year, and
the
storage and sale of such wine
to distributors | 5 | | in this State and to persons without the State, as may be
| 6 | | permitted by law. A person who, prior to the effective date of | 7 | | this amendatory Act of the 95th General Assembly, is a holder | 8 | | of a second-class wine-maker's license and annually produces | 9 | | more than 25,000 gallons of its own wine and who distributes | 10 | | its wine to licensed retailers shall cease this practice on or | 11 | | before July 1, 2008 in compliance with this amendatory Act of | 12 | | the 95th General Assembly. | 13 | | Class 8. A limited wine-manufacturer may make sales and | 14 | | deliveries not to
exceed 40,000 gallons of wine per year to | 15 | | distributors, and to
non-licensees in accordance with the | 16 | | provisions of this Act. | 17 | | Class 9. A craft distiller license shall allow the | 18 | | manufacture of up to 30,000 gallons of spirits by distillation | 19 | | for one year after the effective date of this amendatory Act of | 20 | | the 97th General Assembly and up to 35,000 up to 15,000 gallons | 21 | | of spirits by distillation per year thereafter and the storage | 22 | | of such spirits. If a craft distiller licensee is not | 23 | | affiliated with any other manufacturer, then the craft | 24 | | distiller licensee may sell such spirits to distributors in | 25 | | this State and up to 2,500 gallons of such spirits to and | 26 | | non-licensees to the extent permitted by any exemption approved |
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| 1 | | by the Commission pursuant to Section 6-4 of this Act. | 2 | | Any craft distiller licensed under this Act who on the | 3 | | effective date of this amendatory Act of the 96th General | 4 | | Assembly was licensed as a distiller and manufactured no more | 5 | | spirits than permitted by this Section shall not be required to | 6 | | pay the initial licensing fee. | 7 | | Class 10. A craft brewer's license, which may only be | 8 | | issued to a licensed brewer or licensed non-resident dealer, | 9 | | shall allow the manufacture of up to 465,000 gallons of beer | 10 | | per year. A craft brewer licensee may make sales and deliveries | 11 | | to importing distributors and distributors and to retail | 12 | | licensees in accordance with the conditions set forth in | 13 | | paragraph (18) of subsection (a) of Section 3-12 of this Act. | 14 | | (a-1) A manufacturer which is licensed in this State to | 15 | | make sales or
deliveries of alcoholic liquor and which enlists | 16 | | agents, representatives, or
individuals acting on its behalf | 17 | | who contact licensed retailers on a regular
and continual basis | 18 | | in this State must register those agents, representatives,
or | 19 | | persons acting on its behalf with the State Commission. | 20 | | Registration of agents, representatives, or persons acting | 21 | | on behalf of a
manufacturer is fulfilled by submitting a form | 22 | | to the Commission. The form
shall be developed by the | 23 | | Commission and shall include the name and address of
the | 24 | | applicant, the name and address of the manufacturer he or she | 25 | | represents,
the territory or areas assigned to sell to or | 26 | | discuss pricing terms of
alcoholic liquor, and any other |
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| 1 | | questions deemed appropriate and necessary.
All statements in | 2 | | the forms required to be made by law or by rule shall be
deemed | 3 | | material, and any person who knowingly misstates any material | 4 | | fact under
oath in an application is guilty of a Class B | 5 | | misdemeanor. Fraud,
misrepresentation, false statements, | 6 | | misleading statements, evasions, or
suppression of material | 7 | | facts in the securing of a registration are grounds for
| 8 | | suspension or revocation of the registration. | 9 | | (b) A distributor's license shall allow the wholesale | 10 | | purchase and storage
of alcoholic liquors and sale of alcoholic | 11 | | liquors to licensees
in this State and to persons without the | 12 | | State, as may be permitted by law. | 13 | | (c) An importing distributor's license may be issued to and | 14 | | held by
those only who are duly licensed distributors, upon the | 15 | | filing of an
application by a duly licensed distributor, with | 16 | | the Commission and
the Commission shall, without the
payment of | 17 | | any fee, immediately issue such importing distributor's
| 18 | | license to the applicant, which shall allow the importation of | 19 | | alcoholic
liquor by the licensee into this State from any point | 20 | | in the United
States outside this State, and the purchase of | 21 | | alcoholic liquor in
barrels, casks or other bulk containers and | 22 | | the bottling of such
alcoholic liquors before resale thereof, | 23 | | but all bottles or containers
so filled shall be sealed, | 24 | | labeled, stamped and otherwise made to comply
with all | 25 | | provisions, rules and regulations governing manufacturers in
| 26 | | the preparation and bottling of alcoholic liquors. The |
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| 1 | | importing
distributor's license shall permit such licensee to | 2 | | purchase alcoholic
liquor from Illinois licensed non-resident | 3 | | dealers and foreign importers only. | 4 | | (d) A retailer's license shall allow the licensee to sell | 5 | | and offer
for sale at retail, only in the premises specified in | 6 | | the license,
alcoholic liquor for use or consumption, but not | 7 | | for resale in any form. Nothing in this amendatory Act of the | 8 | | 95th General Assembly shall deny, limit, remove, or restrict | 9 | | the ability of a holder of a retailer's license to transfer, | 10 | | deliver, or ship alcoholic liquor to the purchaser for use or | 11 | | consumption subject to any applicable local law or ordinance. | 12 | | Any retail license issued to a manufacturer shall only
permit | 13 | | the manufacturer to sell beer at retail on the premises | 14 | | actually
occupied by the manufacturer. For the purpose of | 15 | | further describing the type of business conducted at a retail | 16 | | licensed premises, a retailer's licensee may be designated by | 17 | | the State Commission as (i) an on premise consumption retailer, | 18 | | (ii) an off premise sale retailer, or (iii) a combined on | 19 | | premise consumption and off premise sale retailer.
| 20 | | Notwithstanding any other provision of this subsection | 21 | | (d), a retail
licensee may sell alcoholic liquors to a special | 22 | | event retailer licensee for
resale to the extent permitted | 23 | | under subsection (e). | 24 | | (e) A special event retailer's license (not-for-profit) | 25 | | shall permit the
licensee to purchase alcoholic liquors from an | 26 | | Illinois licensed distributor
(unless the licensee purchases |
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| 1 | | less than $500 of alcoholic liquors for the
special event, in | 2 | | which case the licensee may purchase the alcoholic liquors
from | 3 | | a licensed retailer) and shall allow the licensee to sell and | 4 | | offer for
sale, at retail, alcoholic liquors for use or | 5 | | consumption, but not for resale
in any form and only at the | 6 | | location and on the specific dates designated for
the special | 7 | | event in the license. An applicant for a special event retailer
| 8 | | license must
(i) furnish with the application: (A) a resale | 9 | | number issued under Section
2c of the Retailers' Occupation Tax | 10 | | Act or evidence that the applicant is
registered under Section | 11 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 12 | | exemption identification
number issued under Section 1g of the | 13 | | Retailers' Occupation Tax Act, and a
certification to the | 14 | | Commission that the purchase of alcoholic liquors will be
a | 15 | | tax-exempt purchase, or (C) a statement that the applicant is | 16 | | not registered
under Section 2a of the Retailers' Occupation | 17 | | Tax Act, does not hold a resale
number under Section 2c of the | 18 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 19 | | number under Section 1g of the Retailers' Occupation Tax
Act, | 20 | | in which event the Commission shall set forth on the special | 21 | | event
retailer's license a statement to that effect; (ii) | 22 | | submit with the application proof satisfactory to
the State | 23 | | Commission that the applicant will provide dram shop liability
| 24 | | insurance in the maximum limits; and (iii) show proof | 25 | | satisfactory to the
State Commission that the applicant has | 26 | | obtained local authority
approval. |
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| 1 | | (f) A railroad license shall permit the licensee to import | 2 | | alcoholic
liquors into this State from any point in the United | 3 | | States outside this
State and to store such alcoholic liquors | 4 | | in this State; to make wholesale
purchases of alcoholic liquors | 5 | | directly from manufacturers, foreign
importers, distributors | 6 | | and importing distributors from within or outside
this State; | 7 | | and to store such alcoholic liquors in this State; provided
| 8 | | that the above powers may be exercised only in connection with | 9 | | the
importation, purchase or storage of alcoholic liquors to be | 10 | | sold or
dispensed on a club, buffet, lounge or dining car | 11 | | operated on an electric,
gas or steam railway in this State; | 12 | | and provided further, that railroad
licensees exercising the | 13 | | above powers shall be subject to all provisions of
Article VIII | 14 | | of this Act as applied to importing distributors. A railroad
| 15 | | license shall also permit the licensee to sell or dispense | 16 | | alcoholic
liquors on any club, buffet, lounge or dining car | 17 | | operated on an electric,
gas or steam railway regularly | 18 | | operated by a common carrier in this State,
but shall not | 19 | | permit the sale for resale of any alcoholic liquors to any
| 20 | | licensee within this State. A license shall be obtained for | 21 | | each car in which
such sales are made. | 22 | | (g) A boat license shall allow the sale of alcoholic liquor | 23 | | in
individual drinks, on any passenger boat regularly operated | 24 | | as a common
carrier on navigable waters in this State or on any | 25 | | riverboat operated
under
the Riverboat Gambling Act, which boat | 26 | | or riverboat maintains a public
dining room or restaurant |
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| 1 | | thereon. | 2 | | (h) A non-beverage user's license shall allow the licensee | 3 | | to
purchase alcoholic liquor from a licensed manufacturer or | 4 | | importing
distributor, without the imposition of any tax upon | 5 | | the business of such
licensed manufacturer or importing | 6 | | distributor as to such alcoholic
liquor to be used by such | 7 | | licensee solely for the non-beverage purposes
set forth in | 8 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 9 | | shall be divided and classified and shall permit the
purchase, | 10 | | possession and use of limited and stated quantities of
| 11 | | alcoholic liquor as follows: | 12 | | Class 1, not to exceed ......................... 500 gallons
| 13 | | Class 2, not to exceed ....................... 1,000 gallons
| 14 | | Class 3, not to exceed ....................... 5,000 gallons
| 15 | | Class 4, not to exceed ...................... 10,000 gallons
| 16 | | Class 5, not to exceed ....................... 50,000 gallons | 17 | | (i) A wine-maker's premises license shall allow a
licensee | 18 | | that concurrently holds a first-class wine-maker's license to | 19 | | sell
and offer for sale at retail in the premises specified in | 20 | | such license
not more than 50,000 gallons of the first-class | 21 | | wine-maker's wine that is
made at the first-class wine-maker's | 22 | | licensed premises per year for use or
consumption, but not for | 23 | | resale in any form. A wine-maker's premises
license shall allow | 24 | | a licensee who concurrently holds a second-class
wine-maker's | 25 | | license to sell and offer for sale at retail in the premises
| 26 | | specified in such license up to 100,000 gallons of the
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| 1 | | second-class wine-maker's wine that is made at the second-class | 2 | | wine-maker's
licensed premises per year
for use or consumption | 3 | | but not for resale in any form. A wine-maker's premises license | 4 | | shall allow a
licensee that concurrently holds a first-class | 5 | | wine-maker's license or a second-class
wine-maker's license to | 6 | | sell
and offer for sale at retail at the premises specified in | 7 | | the wine-maker's premises license, for use or consumption but | 8 | | not for resale in any form, any beer, wine, and spirits | 9 | | purchased from a licensed distributor. Upon approval from the
| 10 | | State Commission, a wine-maker's premises license
shall allow | 11 | | the licensee to sell and offer for sale at (i) the wine-maker's
| 12 | | licensed premises and (ii) at up to 2 additional locations for | 13 | | use and
consumption and not for resale. Each location shall | 14 | | require additional
licensing per location as specified in | 15 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
| 16 | | secure liquor liability insurance coverage in an amount at
| 17 | | least equal to the maximum liability amounts set forth in
| 18 | | subsection (a) of Section 6-21 of this Act.
| 19 | | (j) An airplane license shall permit the licensee to import
| 20 | | alcoholic liquors into this State from any point in the United | 21 | | States
outside this State and to store such alcoholic liquors | 22 | | in this State; to
make wholesale purchases of alcoholic liquors | 23 | | directly from
manufacturers, foreign importers, distributors | 24 | | and importing
distributors from within or outside this State; | 25 | | and to store such
alcoholic liquors in this State; provided | 26 | | that the above powers may be
exercised only in connection with |
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| 1 | | the importation, purchase or storage
of alcoholic liquors to be | 2 | | sold or dispensed on an airplane; and
provided further, that | 3 | | airplane licensees exercising the above powers
shall be subject | 4 | | to all provisions of Article VIII of this Act as
applied to | 5 | | importing distributors. An airplane licensee shall also
permit | 6 | | the sale or dispensing of alcoholic liquors on any passenger
| 7 | | airplane regularly operated by a common carrier in this State, | 8 | | but shall
not permit the sale for resale of any alcoholic | 9 | | liquors to any licensee
within this State. A single airplane | 10 | | license shall be required of an
airline company if liquor | 11 | | service is provided on board aircraft in this
State. The annual | 12 | | fee for such license shall be as determined in
Section 5-3. | 13 | | (k) A foreign importer's license shall permit such licensee | 14 | | to purchase
alcoholic liquor from Illinois licensed | 15 | | non-resident dealers only, and to
import alcoholic liquor other | 16 | | than in bulk from any point outside the
United States and to | 17 | | sell such alcoholic liquor to Illinois licensed
importing | 18 | | distributors and to no one else in Illinois;
provided that (i) | 19 | | the foreign importer registers with the State Commission
every
| 20 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 21 | | licensees during the
license period, (ii) the foreign importer | 22 | | complies with all of the provisions
of Section
6-9 of this Act | 23 | | with respect to registration of such Illinois licensees as may
| 24 | | be granted the
right to sell such brands at wholesale, and | 25 | | (iii) the foreign importer complies with the provisions of | 26 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
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| 1 | | provisions apply to manufacturers. | 2 | | (l) (i) A broker's license shall be required of all persons
| 3 | | who solicit
orders for, offer to sell or offer to supply | 4 | | alcoholic liquor to
retailers in the State of Illinois, or who | 5 | | offer to retailers to ship or
cause to be shipped or to make | 6 | | contact with distillers, rectifiers,
brewers or manufacturers | 7 | | or any other party within or without the State
of Illinois in | 8 | | order that alcoholic liquors be shipped to a distributor,
| 9 | | importing distributor or foreign importer, whether such | 10 | | solicitation or
offer is consummated within or without the | 11 | | State of Illinois. | 12 | | No holder of a retailer's license issued by the Illinois | 13 | | Liquor
Control Commission shall purchase or receive any | 14 | | alcoholic liquor, the
order for which was solicited or offered | 15 | | for sale to such retailer by a
broker unless the broker is the | 16 | | holder of a valid broker's license. | 17 | | The broker shall, upon the acceptance by a retailer of the | 18 | | broker's
solicitation of an order or offer to sell or supply or | 19 | | deliver or have
delivered alcoholic liquors, promptly forward | 20 | | to the Illinois Liquor
Control Commission a notification of | 21 | | said transaction in such form as
the Commission may by | 22 | | regulations prescribe. | 23 | | (ii) A broker's license shall be required of
a person | 24 | | within this State, other than a retail licensee,
who, for a fee | 25 | | or commission, promotes, solicits, or accepts orders for
| 26 | | alcoholic liquor, for use or consumption and not for
resale, to |
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| 1 | | be shipped from this State and delivered to residents outside | 2 | | of
this State by an express company, common carrier, or | 3 | | contract carrier.
This Section does not apply to any person who | 4 | | promotes, solicits, or accepts
orders for wine as specifically | 5 | | authorized in Section 6-29 of this Act. | 6 | | A broker's license under this subsection (l)
shall not | 7 | | entitle the holder to
buy or sell any
alcoholic liquors for his | 8 | | own account or to take or deliver title to
such alcoholic | 9 | | liquors. | 10 | | This subsection (l)
shall not apply to distributors, | 11 | | employees of
distributors, or employees of a manufacturer who | 12 | | has registered the
trademark, brand or name of the alcoholic | 13 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 14 | | sells such alcoholic liquor
in the State of Illinois only to | 15 | | its registrants thereunder. | 16 | | Any agent, representative, or person subject to | 17 | | registration pursuant to
subsection (a-1) of this Section shall | 18 | | not be eligible to receive a broker's
license. | 19 | | (m) A non-resident dealer's license shall permit such | 20 | | licensee to ship
into and warehouse alcoholic liquor into this | 21 | | State from any point
outside of this State, and to sell such | 22 | | alcoholic liquor to Illinois licensed
foreign importers and | 23 | | importing distributors and to no one else in this State;
| 24 | | provided that (i) said non-resident dealer shall register with | 25 | | the Illinois Liquor
Control Commission each and every brand of | 26 | | alcoholic liquor which it proposes
to sell to Illinois |
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| 1 | | licensees during the license period, (ii) it shall comply with | 2 | | all of the provisions of Section 6-9 hereof with
respect to | 3 | | registration of such Illinois licensees as may be granted the | 4 | | right
to sell such brands at wholesale, and (iii) the | 5 | | non-resident dealer shall comply with the provisions of | 6 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 7 | | provisions apply to manufacturers. | 8 | | (n) A brew pub license shall allow the licensee (i) to | 9 | | manufacture beer only
on the premises specified in the license, | 10 | | (ii) to make sales of the
beer manufactured on the premises or, | 11 | | with the approval of the Commission, beer manufactured on | 12 | | another brew pub licensed premises that is substantially owned | 13 | | and operated by the same licensee to importing distributors, | 14 | | distributors,
and to non-licensees for use and consumption, | 15 | | (iii) to store the beer upon
the premises, and (iv) to sell and | 16 | | offer for sale at retail from the licensed
premises, provided | 17 | | that a brew pub licensee shall not sell for off-premises
| 18 | | consumption more than 50,000 gallons per year. A person who | 19 | | holds a brew pub license may simultaneously hold a craft brewer | 20 | | license if he or she otherwise qualifies for the craft brewer | 21 | | license and the craft brewer license is for a location separate | 22 | | from the brew pub's licensed premises. A brew pub license shall | 23 | | permit a person who has received prior approval from the | 24 | | Commission to annually transfer no more than a total of 50,000 | 25 | | gallons of beer manufactured on premises to all other licensed | 26 | | brew pubs that are substantially owned and operated by the same |
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| 1 | | person. | 2 | | (o) A caterer retailer license shall allow the holder
to | 3 | | serve alcoholic liquors as an incidental part of a food service | 4 | | that serves
prepared meals which excludes the serving of snacks | 5 | | as
the primary meal, either on or off-site whether licensed or | 6 | | unlicensed. | 7 | | (p) An auction liquor license shall allow the licensee to | 8 | | sell and offer
for sale at auction wine and spirits for use or | 9 | | consumption, or for resale by
an Illinois liquor licensee in | 10 | | accordance with provisions of this Act. An
auction liquor | 11 | | license will be issued to a person and it will permit the
| 12 | | auction liquor licensee to hold the auction anywhere in the | 13 | | State. An auction
liquor license must be obtained for each | 14 | | auction at least 14 days in advance of
the auction date. | 15 | | (q) A special use permit license shall allow an Illinois | 16 | | licensed
retailer to transfer a portion of its alcoholic liquor | 17 | | inventory from its
retail licensed premises to the premises | 18 | | specified in the license hereby
created, and to sell or offer | 19 | | for sale at retail, only in the premises
specified in the | 20 | | license hereby created, the transferred alcoholic liquor for
| 21 | | use or consumption, but not for resale in any form. A special | 22 | | use permit
license may be granted for the following time | 23 | | periods: one day or less; 2 or
more days to a maximum of 15 days | 24 | | per location in any 12 month period. An
applicant for the | 25 | | special use permit license must also submit with the
| 26 | | application proof satisfactory to the State Commission that the |
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| 1 | | applicant will
provide dram shop liability insurance to the | 2 | | maximum limits and have local
authority approval. | 3 | | (r) A winery shipper's license shall allow a person
with a | 4 | | first-class or second-class wine manufacturer's
license, a | 5 | | first-class or second-class wine-maker's license,
or a limited | 6 | | wine manufacturer's license or who is licensed to
make wine | 7 | | under the laws of another state to ship wine
made by that | 8 | | licensee directly to a resident of this
State who is 21 years | 9 | | of age or older for that resident's
personal use and not for | 10 | | resale. Prior to receiving a
winery shipper's license, an | 11 | | applicant for the license must
provide the Commission with a | 12 | | true copy of its current
license in any state in which it is | 13 | | licensed as a manufacturer
of wine. An applicant for a winery | 14 | | shipper's license must
also complete an application form that | 15 | | provides any other
information the Commission deems necessary. | 16 | | The
application form shall include an acknowledgement | 17 | | consenting
to the jurisdiction of the Commission, the Illinois
| 18 | | Department of Revenue, and the courts of this State concerning
| 19 | | the enforcement of this Act and any related laws, rules, and
| 20 | | regulations, including authorizing the Department of Revenue
| 21 | | and the Commission to conduct audits for the purpose of
| 22 | | ensuring compliance with this amendatory Act. | 23 | | A winery shipper licensee must pay to the Department
of | 24 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 25 | | all wine that is sold by the licensee and shipped to a person
| 26 | | in this State. For the purposes of Section 8-1, a winery
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| 1 | | shipper licensee shall be taxed in the same manner as a
| 2 | | manufacturer of wine. A licensee who is not otherwise required | 3 | | to register under the Retailers' Occupation Tax Act must
| 4 | | register under the Use Tax Act to collect and remit use tax to
| 5 | | the Department of Revenue for all gallons of wine that are sold
| 6 | | by the licensee and shipped to persons in this State. If a
| 7 | | licensee fails to remit the tax imposed under this Act in
| 8 | | accordance with the provisions of Article VIII of this Act, the
| 9 | | winery shipper's license shall be revoked in accordance
with | 10 | | the provisions of Article VII of this Act. If a licensee
fails | 11 | | to properly register and remit tax under the Use Tax Act
or the | 12 | | Retailers' Occupation Tax Act for all wine that is sold
by the | 13 | | winery shipper and shipped to persons in this
State, the winery | 14 | | shipper's license shall be revoked in
accordance with the | 15 | | provisions of Article VII of this Act. | 16 | | A winery shipper licensee must collect, maintain, and
| 17 | | submit to the Commission on a semi-annual basis the
total | 18 | | number of cases per resident of wine shipped to residents
of | 19 | | this State.
A winery shipper licensed under this subsection (r)
| 20 | | must comply with the requirements of Section 6-29 of this | 21 | | amendatory Act.
| 22 | | (Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11; 97-455, | 23 | | eff. 8-19-11; 97-813, eff. 7-13-12.)
| 24 | | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| 25 | | Sec. 6-4. (a) No person licensed by any licensing authority |
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| 1 | | as a
distiller, or a wine manufacturer, or any subsidiary or | 2 | | affiliate
thereof, or any officer, associate, member, partner, | 3 | | representative,
employee, agent or shareholder owning more | 4 | | than 5% of the outstanding
shares of such person shall be | 5 | | issued an importing distributor's or
distributor's license, | 6 | | nor shall any person licensed by any licensing
authority as an | 7 | | importing distributor, distributor or retailer, or any
| 8 | | subsidiary or affiliate thereof, or any officer or associate, | 9 | | member,
partner, representative, employee, agent or | 10 | | shareholder owning more than
5% of the outstanding shares of | 11 | | such person be issued a distiller's
license or a wine | 12 | | manufacturer's license; and no person or persons
licensed as a | 13 | | distiller by any licensing authority shall have any
interest, | 14 | | directly or indirectly, with such distributor or importing
| 15 | | distributor.
| 16 | | However, an importing distributor or distributor, which on | 17 | | January
1, 1985 is owned by a brewer, or any subsidiary or | 18 | | affiliate thereof or any
officer, associate, member, partner, | 19 | | representative, employee, agent or
shareholder owning more | 20 | | than 5% of the outstanding shares of the importing
distributor | 21 | | or distributor referred to in this paragraph, may own or
| 22 | | acquire an ownership interest of more than 5% of the | 23 | | outstanding shares of
a wine manufacturer and be issued a wine
| 24 | | manufacturer's license by any licensing authority.
| 25 | | (b) The foregoing provisions shall not apply to any person | 26 | | licensed
by any licensing authority as a distiller or wine |
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| 1 | | manufacturer, or to
any subsidiary or affiliate of any | 2 | | distiller or wine manufacturer who
shall have been heretofore | 3 | | licensed by the State Commission as either an
importing | 4 | | distributor or distributor during the annual licensing period
| 5 | | expiring June 30, 1947, and shall actually have made sales | 6 | | regularly to
retailers.
| 7 | | (c) Provided, however, that in such instances where a | 8 | | distributor's
or importing distributor's license has been | 9 | | issued to any distiller or
wine manufacturer or to any | 10 | | subsidiary or affiliate of any distiller or
wine manufacturer | 11 | | who has, during the licensing period ending June 30,
1947, sold | 12 | | or distributed as such licensed distributor or importing
| 13 | | distributor alcoholic liquors and wines to retailers, such | 14 | | distiller or
wine manufacturer or any subsidiary or affiliate | 15 | | of any distiller or
wine manufacturer holding such | 16 | | distributor's or importing distributor's
license may continue | 17 | | to sell or distribute to retailers such alcoholic
liquors and | 18 | | wines which are manufactured, distilled, processed or
marketed | 19 | | by distillers and wine manufacturers whose products it sold or
| 20 | | distributed to retailers during the whole or any part of its | 21 | | licensing
periods; and such additional brands and additional | 22 | | products may be added
to the line of such distributor or | 23 | | importing distributor, provided, that
such brands and such | 24 | | products were not sold or distributed by any
distributor or | 25 | | importing distributor licensed by the State Commission
during | 26 | | the licensing period ending June 30, 1947, but can not sell or
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| 1 | | distribute to retailers any other alcoholic liquors or wines.
| 2 | | (d) It shall be unlawful for any distiller licensed | 3 | | anywhere to have
any stock ownership or interest in any | 4 | | distributor's or importing
distributor's license wherein any | 5 | | other person has an interest therein
who is not a distiller and | 6 | | does not own more than 5% of any stock in any
distillery. | 7 | | Nothing herein contained shall apply to such distillers or
| 8 | | their subsidiaries or affiliates, who had a distributor's or | 9 | | importing
distributor's license during the licensing period | 10 | | ending June 30, 1947,
which license was owned in whole by such | 11 | | distiller, or subsidiaries or
affiliates of such distiller.
| 12 | | (e) Any person having been licensed as a manufacturer shall | 13 | | be
permitted to receive one retailer's license for the premises | 14 | | in which he
or she actually conducts such business, permitting | 15 | | only the retail sale of beer manufactured at such premises and | 16 | | only on
such premises, but no such person shall be entitled to | 17 | | more than one
retailer's license in any event, and, other than | 18 | | a manufacturer of beer
as stated above, no manufacturer or | 19 | | distributor or importing
distributor, excluding airplane | 20 | | licensees exercising powers provided in
paragraph (i) of | 21 | | Section 5-1 of this Act, or any subsidiary or affiliate
| 22 | | thereof, or any officer,
associate, member, partner, | 23 | | representative, employee or agent, or
shareholder shall be | 24 | | issued a retailer's license, nor shall any person
having a | 25 | | retailer's license, excluding airplane licensees exercising | 26 | | powers
provided in paragraph (i) of Section 5-1 of this
Act, or |
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| 1 | | any subsidiary or affiliate thereof, or
any officer, associate, | 2 | | member, partner, representative or agent, or
shareholder be | 3 | | issued a manufacturer's license or importing distributor's
| 4 | | license.
| 5 | | A person licensed as a craft distiller not affiliated with | 6 | | any other person manufacturing spirits may be authorized by the | 7 | | Commission to sell up to 2,500 gallons of spirits produced by | 8 | | the person to non-licensees for on or off-premises consumption | 9 | | permitted to receive one retailer's license for the premises in | 10 | | which he or she actually conducts business permitting only the | 11 | | retail sale of spirits manufactured at such premises. Such | 12 | | sales shall be limited to on-premises, in-person sales only, | 13 | | for lawful consumption on or off premises , and such | 14 | | authorization shall be considered a privilege granted by the | 15 | | craft distiller license . A craft distiller licensed for retail | 16 | | sale shall secure liquor liability insurance coverage in an | 17 | | amount at least equal to the maximum liability amounts set | 18 | | forth in subsection (a) of Section 6-21 of this Act. | 19 | | (f) However, the foregoing prohibitions against any person | 20 | | licensed as
a distiller or wine manufacturer being issued a | 21 | | retailer's license shall not apply:
| 22 | | (i) to any hotel, motel or restaurant whose principal | 23 | | business is not
the sale of alcoholic liquors if said | 24 | | retailer's sales of any alcoholic
liquors manufactured, | 25 | | sold, distributed or controlled, directly or
indirectly, | 26 | | by any affiliate, subsidiary, officer, associate, member,
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| 1 | | partner, representative, employee, agent or shareholder | 2 | | owning more than 5%
of the outstanding shares of such | 3 | | person does not exceed
10% of the total alcoholic liquor | 4 | | sales of said retail licensee; and
| 5 | | (ii) where the Commission determines, having | 6 | | considered the public
welfare, the economic impact upon the | 7 | | State and the entirety of the facts
and circumstances | 8 | | involved, that the purpose and intent of this Section
would | 9 | | not be violated by granting an exemption.
| 10 | | (g) Notwithstanding any of the foregoing prohibitions, a | 11 | | limited wine
manufacturer may sell at retail at its | 12 | | manufacturing site for on or off
premises consumption and may | 13 | | sell to distributors. A limited wine manufacturer licensee
| 14 | | shall secure liquor liability insurance coverage in an amount
| 15 | | at least equal to the maximum liability amounts set forth in
| 16 | | subsection (a) of Section 6-21 of this Act.
| 17 | | (Source: P.A. 96-1367, eff. 7-28-10; 97-606, eff. 8-26-11.)
| 18 | | (235 ILCS 5/6-11)
| 19 | | Sec. 6-11. Sale near churches, schools, and hospitals.
| 20 | | (a) No license shall be issued for the sale at retail of | 21 | | any
alcoholic liquor within 100 feet of any church, school | 22 | | other than an
institution of higher learning, hospital, home | 23 | | for aged or indigent
persons or for veterans, their spouses or | 24 | | children or any military or
naval station, provided, that this | 25 | | prohibition shall not apply to hotels
offering restaurant |
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| 1 | | service, regularly organized clubs, or to
restaurants, food | 2 | | shops or other places where sale of alcoholic liquors
is not | 3 | | the principal business carried on if the place of business so
| 4 | | exempted is not located in a municipality of more than 500,000 | 5 | | persons,
unless required by local ordinance; nor to the renewal | 6 | | of a license for the
sale at retail of alcoholic liquor on | 7 | | premises within 100 feet of any church
or school where the | 8 | | church or school has been established within such
100 feet | 9 | | since the issuance of the original license. In the case of a
| 10 | | church, the distance of 100 feet shall be measured to the | 11 | | nearest part
of any building used for worship services or | 12 | | educational programs and
not to property boundaries.
| 13 | | (b) Nothing in this Section shall prohibit the issuance of | 14 | | a retail
license
authorizing the sale of alcoholic liquor to a | 15 | | restaurant, the primary business
of which is the sale of goods | 16 | | baked on the premises if (i) the restaurant is
newly | 17 | | constructed and located on a lot of not less than 10,000 square | 18 | | feet,
(ii) the restaurant costs at least $1,000,000 to | 19 | | construct, (iii) the licensee
is the titleholder to the | 20 | | premises and resides on the premises, and (iv) the
construction | 21 | | of the restaurant is completed within 18 months of the | 22 | | effective
date of this amendatory Act of 1998.
| 23 | | (c) Nothing in this Section shall prohibit the issuance of | 24 | | a retail
license
authorizing the sale of alcoholic liquor | 25 | | incidental to a restaurant if (1) the
primary
business of the | 26 | | restaurant consists of the sale of food where the sale of
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| 1 | | liquor is incidental to the sale of food and the applicant is a | 2 | | completely new
owner of the restaurant, (2) the immediately
| 3 | | prior owner or operator of the premises where the restaurant is | 4 | | located
operated the premises as a restaurant and held a valid | 5 | | retail license
authorizing the
sale of alcoholic liquor at the | 6 | | restaurant for at least part of the 24 months
before the
change | 7 | | of ownership, and (3) the restaurant is located 75 or more feet | 8 | | from a
school.
| 9 | | (d) In the interest of further developing Illinois' economy | 10 | | in the area
of
commerce, tourism, convention, and banquet | 11 | | business, nothing in this
Section shall
prohibit issuance of a | 12 | | retail license authorizing the sale of alcoholic
beverages to a | 13 | | restaurant, banquet facility, grocery store, or hotel having
| 14 | | not fewer than
150 guest room accommodations located in a | 15 | | municipality of more than 500,000
persons, notwithstanding the | 16 | | proximity of such hotel, restaurant,
banquet facility, or | 17 | | grocery store to any church or school, if the licensed
premises
| 18 | | described on the license are located within an enclosed mall or | 19 | | building of a
height of at least 6 stories, or 60 feet in the | 20 | | case of a building that has
been registered as a national | 21 | | landmark, or in a grocery store having a
minimum of 56,010 | 22 | | square feet of floor space in a single story building in an
| 23 | | open mall of at least 3.96 acres that is adjacent to a public | 24 | | school that
opened as a boys technical high school in 1934, or | 25 | | in a grocery store having a minimum of 31,000 square feet of | 26 | | floor space in a single story building located a distance of |
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| 1 | | more than 90 feet but less than 100 feet from a high school | 2 | | that opened in 1928 as a junior high school and became a senior | 3 | | high school in 1933, and in each of these
cases if the sale of
| 4 | | alcoholic liquors is not the principal business carried on by | 5 | | the licensee.
| 6 | | For purposes of this Section, a "banquet facility" is any | 7 | | part of a
building that caters to private parties and where the | 8 | | sale of alcoholic liquors
is not the principal business.
| 9 | | (e) Nothing in this Section shall prohibit the issuance of | 10 | | a license to
a
church or private school to sell at retail | 11 | | alcoholic liquor if any such
sales are limited to periods when | 12 | | groups are assembled on the premises
solely for the promotion | 13 | | of some common object other than the sale or
consumption of | 14 | | alcoholic liquors.
| 15 | | (f) Nothing in this Section shall prohibit a church or | 16 | | church affiliated
school
located in a home rule municipality or | 17 | | in a municipality with 75,000 or more
inhabitants from locating
| 18 | | within 100 feet of a property for which there is a preexisting | 19 | | license to sell
alcoholic liquor at retail. In these instances, | 20 | | the local zoning authority
may, by ordinance adopted | 21 | | simultaneously with the granting of an initial
special use | 22 | | zoning permit for the church or church affiliated school, | 23 | | provide
that the 100-foot restriction in this Section shall not | 24 | | apply to that church or
church affiliated school and future | 25 | | retail liquor licenses.
| 26 | | (g) Nothing in this Section shall prohibit the issuance of |
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| 1 | | a retail
license authorizing the sale of alcoholic liquor at | 2 | | premises within 100 feet,
but not less than 90 feet, of a | 3 | | public school if (1) the premises have been
continuously | 4 | | licensed to sell alcoholic liquor
for a period of at least 50 | 5 | | years,
(2) the premises are located in a municipality having a | 6 | | population of over
500,000 inhabitants, (3) the licensee is an | 7 | | individual who is a member of a
family that has held the | 8 | | previous 3 licenses for that location for more than 25
years, | 9 | | (4) the
principal of the school and the alderman of the ward in | 10 | | which the school is
located have delivered a written statement | 11 | | to the local liquor control
commissioner stating that they do | 12 | | not object to the issuance of a license
under this subsection | 13 | | (g), and (5) the local liquor control commissioner has
received | 14 | | the written consent of a majority of the registered voters who | 15 | | live
within 200 feet of the premises.
| 16 | | (h) Notwithstanding any provision of this Section to the | 17 | | contrary, nothing in this Section shall prohibit the issuance | 18 | | or renewal of a license authorizing the sale of alcoholic | 19 | | liquor within premises and at an outdoor patio area attached to | 20 | | premises that are located in a municipality with a population | 21 | | in excess of 300,000 inhabitants and that are within 100 feet | 22 | | of a church if:
| 23 | | (1) the sale of alcoholic liquor at the premises is | 24 | | incidental to the sale of food,
| 25 | | (2) the sale of liquor is not the principal business | 26 | | carried on by the licensee at the premises, |
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| 1 | | (3) the premises are less than 1,000 square feet, | 2 | | (4) the premises are owned by the University of | 3 | | Illinois, | 4 | | (5) the premises are immediately adjacent to property | 5 | | owned by a church and are not less than 20 nor more than 40 | 6 | | feet from the church space used for worship services, and | 7 | | (6) the principal religious leader at the place of | 8 | | worship has indicated his or her support for the issuance | 9 | | of the license in writing.
| 10 | | (i) Notwithstanding any provision in this Section to the | 11 | | contrary, nothing in this Section shall prohibit the issuance | 12 | | or renewal of a license to sell alcoholic liquor at a premises | 13 | | that is located within a municipality with a population in | 14 | | excess of 300,000 inhabitants and is within 100 feet of a | 15 | | church, synagogue, or other place of worship if: | 16 | | (1) the primary entrance of the premises and the | 17 | | primary entrance of the church, synagogue, or other place | 18 | | of worship are at least 100 feet apart, on parallel | 19 | | streets, and separated by an alley; and | 20 | | (2) the principal religious leader at the place of | 21 | | worship has not indicated his or her opposition to the | 22 | | issuance or renewal of the license in writing. | 23 | | (j) Notwithstanding any provision in this Section to the | 24 | | contrary, nothing in this Section shall prohibit the issuance | 25 | | of a retail
license authorizing the sale of alcoholic liquor at | 26 | | a theater that is within 100 feet of a church if (1) the church |
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| 1 | | owns the theater, (2) the church leases the theater to one or | 2 | | more entities, and
(3) the theater is used by at least 5 | 3 | | different not-for-profit theater groups. | 4 | | (k) Notwithstanding any provision in this Section to the | 5 | | contrary, nothing in this Section shall prohibit the issuance | 6 | | or renewal of a license authorizing the sale of alcoholic | 7 | | liquor at a premises that is located within a municipality with | 8 | | a population in excess of 1,000,000 inhabitants and is within | 9 | | 100 feet of a school if:
| 10 | | (1) the primary entrance of the premises and the | 11 | | primary entrance of the school are parallel, on different | 12 | | streets, and separated by an alley; | 13 | | (2) the southeast corner of the premises are at least | 14 | | 350 feet from the southwest corner of the school; | 15 | | (3) the school was built in 1978; | 16 | | (4) the sale of alcoholic liquor at the premises is | 17 | | incidental to the sale of food; | 18 | | (5) the sale of alcoholic liquor is not the principal | 19 | | business carried on by the licensee at the premises; | 20 | | (6) the applicant is the owner of the restaurant and | 21 | | has held a valid license authorizing the sale of alcoholic | 22 | | liquor for the business to be conducted on the premises at | 23 | | a different location for more than 7 years; and | 24 | | (7) the premises is at least 2,300 square feet and sits | 25 | | on a lot that is between 6,100 and 6,150 square feet. | 26 | | (l) Notwithstanding any provision in this Section to the |
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| 1 | | contrary, nothing in this Section shall prohibit the issuance | 2 | | or renewal of a license authorizing the sale of alcoholic | 3 | | liquor at a premises that is located within a municipality with | 4 | | a population in excess of 1,000,000 inhabitants and is within | 5 | | 100 feet of a church or school if: | 6 | | (1) the primary entrance of the premises and the | 7 | | closest entrance of the church or school is at least 90 | 8 | | feet apart and no greater than 95 feet apart; | 9 | | (2) the shortest distance between the premises and the | 10 | | church or school is at least 80 feet apart and no greater | 11 | | than 85 feet apart; | 12 | | (3) the applicant is the owner of the restaurant and on | 13 | | November 15, 2006 held a valid license authorizing the sale | 14 | | of alcoholic liquor for the business to be conducted on the | 15 | | premises for at least 14 different locations; | 16 | | (4) the sale of alcoholic liquor at the premises is | 17 | | incidental to the sale of food; | 18 | | (5) the sale of alcoholic liquor is not the principal | 19 | | business carried on by the licensee at the premises; | 20 | | (6) the premises is at least 3,200 square feet and sits | 21 | | on a lot that is between 7,150 and 7,200 square feet; and | 22 | | (7) the principal religious leader at the place of | 23 | | worship has not indicated his or her opposition to the | 24 | | issuance or renewal of the license in writing.
| 25 | | (m) Notwithstanding any provision in this Section to the | 26 | | contrary, nothing in this Section shall prohibit the issuance |
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| 1 | | or renewal of a license authorizing the sale of alcoholic | 2 | | liquor at a premises that is located within a municipality with | 3 | | a population in excess of 1,000,000 inhabitants and is within | 4 | | 100 feet of a church if: | 5 | | (1) the premises and the church are perpendicular, and | 6 | | the primary entrance of the premises faces South while the | 7 | | primary entrance of the church faces West and the distance | 8 | | between the two entrances is more than 100 feet; | 9 | | (2) the shortest distance between the premises lot line | 10 | | and the exterior wall of the church is at least 80 feet; | 11 | | (3) the church was established at the current location | 12 | | in 1916 and the present structure was erected in 1925; | 13 | | (4) the premises is a single story, single use building | 14 | | with at least 1,750 square feet and no more than 2,000 | 15 | | square feet; | 16 | | (5) the sale of alcoholic liquor at the premises is | 17 | | incidental to the sale of food; | 18 | | (6) the sale of alcoholic liquor is not the principal | 19 | | business carried on by the licensee at the premises; and | 20 | | (7) the principal religious leader at the place of | 21 | | worship has not indicated his or her opposition to the | 22 | | issuance or renewal of the license in writing. | 23 | | (n) 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 school if: | 3 | | (1) the school is a City of Chicago School District 299 | 4 | | school; | 5 | | (2) the school is located within subarea E of City of | 6 | | Chicago Residential Business Planned Development Number | 7 | | 70; | 8 | | (3) the sale of alcoholic liquor is not the principal | 9 | | business carried on by the licensee on the premises; | 10 | | (4) the sale of alcoholic liquor at the premises is | 11 | | incidental to the sale of food; and | 12 | | (5) the administration of City of Chicago School | 13 | | District 299 has expressed, in writing, its support for the | 14 | | issuance of the license. | 15 | | (o) Notwithstanding any provision of this Section to the | 16 | | contrary, nothing in this Section shall prohibit the issuance | 17 | | or renewal of a retail license authorizing the sale of | 18 | | alcoholic liquor at a premises that is located within a | 19 | | municipality in excess of 1,000,000 inhabitants and within 100 | 20 | | feet of a church if: | 21 | | (1) the sale of alcoholic liquor at the premises is | 22 | | incidental to the sale of food; | 23 | | (2) the sale of alcoholic liquor is not the principal | 24 | | business carried on by the licensee at the premises; | 25 | | (3) the premises is located on a street that runs | 26 | | perpendicular to the street on which the church is located; |
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| 1 | | (4) the primary entrance of the premises is at least | 2 | | 100 feet from the primary entrance of the church; | 3 | | (5) the shortest distance between any part of the | 4 | | premises and any part of the church is at least 60 feet; | 5 | | (6) the premises is between 3,600 and 4,000 square feet | 6 | | and sits on a lot that is between 3,600 and 4,000 square | 7 | | feet; and | 8 | | (7) the premises was built in the year 1909. | 9 | | For purposes of this subsection (o), "premises" means a | 10 | | place of business together with a privately owned outdoor | 11 | | location that is adjacent to the place of business. | 12 | | (p) Notwithstanding any provision in this Section to the | 13 | | contrary, nothing in this Section shall prohibit the issuance | 14 | | or renewal of a license authorizing the sale of alcoholic | 15 | | liquor at a premises that is located within a municipality with | 16 | | a population in excess of 1,000,000 inhabitants and within 100 | 17 | | feet of a church if: | 18 | | (1) the shortest distance between the backdoor of the | 19 | | premises, which is used as an emergency exit, and the | 20 | | church is at least 80 feet; | 21 | | (2) the church was established at the current location | 22 | | in 1889; and | 23 | | (3) liquor has been sold on the premises since at least | 24 | | 1985. | 25 | | (q) Notwithstanding any provision of this Section to the | 26 | | contrary, nothing in this Section shall prohibit the issuance |
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| 1 | | or renewal of a license authorizing the sale of alcoholic | 2 | | liquor within a premises that is located in a municipality with | 3 | | a population in excess of 1,000,000 inhabitants and within 100 | 4 | | feet of a church-owned property if: | 5 | | (1) the premises is located within a larger building | 6 | | operated as a grocery store; | 7 | | (2) the area of the premises does not exceed 720 square | 8 | | feet and the area of the larger building exceeds 18,000 | 9 | | square feet; | 10 | | (3) the larger building containing the premises is | 11 | | within 100 feet of the nearest property line of a | 12 | | church-owned property on which a church-affiliated school | 13 | | is located; | 14 | | (4) the sale of liquor is not the principal business | 15 | | carried on within the larger building; | 16 | | (5) the primary entrance of the larger building and the | 17 | | premises and the primary entrance of the church-affiliated | 18 | | school are on different, parallel streets, and the distance | 19 | | between the 2 primary entrances is more than 100 feet; | 20 | | (6) the larger building is separated from the | 21 | | church-owned property and church-affiliated school by an | 22 | | alley; | 23 | | (7) the larger building containing the premises and the | 24 | | church building front are on perpendicular streets and are | 25 | | separated by a street; and | 26 | | (8) (Blank). |
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| 1 | | (r) Notwithstanding any provision of this Section to the | 2 | | contrary, nothing in this Section shall prohibit the issuance, | 3 | | renewal, or maintenance of a license authorizing the sale of | 4 | | alcoholic liquor incidental to the sale of food within a | 5 | | restaurant established in a premises that is located in a | 6 | | municipality with a population in excess of 1,000,000 | 7 | | inhabitants and within 100 feet of a church if: | 8 | | (1) the primary entrance of the church and the primary | 9 | | entrance of the restaurant are at least 100 feet apart; | 10 | | (2) the restaurant has operated on the ground floor and | 11 | | lower level of a multi-story, multi-use building for more | 12 | | than 40 years; | 13 | | (3) the primary business of the restaurant consists of | 14 | | the sale of food where the sale of liquor is incidental to | 15 | | the sale of food; | 16 | | (4) the sale of alcoholic liquor is conducted primarily | 17 | | in the below-grade level of the restaurant to which the | 18 | | only public access is by a staircase located inside the | 19 | | restaurant; and | 20 | | (5) the restaurant has held a license authorizing the | 21 | | sale of alcoholic liquor on the premises for more than 40 | 22 | | years. | 23 | | (s) Notwithstanding any provision of this Section to the | 24 | | contrary, nothing in this Section shall prohibit renewal of a | 25 | | license authorizing the sale of alcoholic liquor at a premises | 26 | | that is located within a municipality with a population more |
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| 1 | | than 5,000 and less than 10,000 and is within 100 feet of a | 2 | | church if: | 3 | | (1) the church was established at the location within | 4 | | 100 feet of the premises after a license for the sale of | 5 | | alcoholic liquor at the premises was first issued; | 6 | | (2) a license for sale of alcoholic liquor at the | 7 | | premises was first issued before January 1, 2007; and | 8 | | (3) a license for the sale of alcoholic liquor on the | 9 | | premises has been continuously in effect since January 1, | 10 | | 2007, except for interruptions between licenses of no more | 11 | | than 90 days. | 12 | | (t) Notwithstanding any provision of this Section to the | 13 | | contrary, nothing in this Section shall prohibit the issuance | 14 | | or renewal of a
license authorizing the sale of alcoholic | 15 | | liquor
incidental to the sale of food within a restaurant that | 16 | | is established in a premises that is located in a municipality | 17 | | with a population in excess of 1,000,000 inhabitants and within | 18 | | 100 feet of a school and a church if: | 19 | | (1) the restaurant is located inside a five-story | 20 | | building with over 16,800 square feet of commercial space; | 21 | | (2) the area of the premises does not exceed 31,050 | 22 | | square feet; | 23 | | (3) the area of the restaurant does not exceed 5,800 | 24 | | square feet; | 25 | | (4) the building has no less than 78 condominium units; | 26 | | (5) the construction of the building in which the |
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| 1 | | restaurant is located was completed in 2006; | 2 | | (6) the building has 10 storefront properties, 3 of | 3 | | which are used for the restaurant; | 4 | | (7) the restaurant will open for business in 2010; | 5 | | (8) the building is north of the school and separated | 6 | | by an alley; and | 7 | | (9) the principal religious leader of the church and | 8 | | either the alderman of the ward in which the school is | 9 | | located or the principal of the school have delivered a | 10 | | written statement to the local liquor control commissioner | 11 | | stating that he or she does not object to the issuance of a | 12 | | license under this subsection (t). | 13 | | (u) Notwithstanding any provision in this Section to the | 14 | | contrary, nothing in this Section shall prohibit the issuance | 15 | | or renewal of a license to sell alcoholic liquor at a premises | 16 | | that is located within a municipality with a population in | 17 | | excess of 1,000,000 inhabitants and within 100 feet of a school | 18 | | if: | 19 | | (1) the premises operates as a restaurant and has been | 20 | | in operation since February 2008; | 21 | | (2) the applicant is the owner of the premises; | 22 | | (3) the sale of alcoholic liquor is incidental to the | 23 | | sale of food; | 24 | | (4) the sale of alcoholic liquor is not the principal | 25 | | business carried on by the licensee on the premises; | 26 | | (5) the premises occupy the first floor of a 3-story |
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| 1 | | building that is at least 90 years old; | 2 | | (6) the rear lot of the school and the rear corner of | 3 | | the building that the premises occupy are separated by an | 4 | | alley; | 5 | | (7) the distance from the southwest corner of the | 6 | | property line of the school and the northeast corner of the | 7 | | building that the premises occupy is at least 16 feet, 5 | 8 | | inches; | 9 | | (8) the distance from the rear door of the premises to | 10 | | the southwest corner of the property line of the school is | 11 | | at least 93 feet; | 12 | | (9) the school is a City of Chicago School District 299 | 13 | | school; | 14 | | (10) the school's main structure was erected in 1902 | 15 | | and an addition was built to the main structure in 1959; | 16 | | and | 17 | | (11) the principal of the school and the alderman in | 18 | | whose district the premises are located have expressed, in | 19 | | writing, their support for the issuance of the license. | 20 | | (v) Notwithstanding any provision in this Section to the | 21 | | contrary, nothing in this Section shall prohibit the issuance | 22 | | or renewal of a license authorizing the sale of alcoholic | 23 | | liquor at a premises that is located within a municipality with | 24 | | a population in excess of 1,000,000 inhabitants and is within | 25 | | 100 feet of a school if: | 26 | | (1) the total land area of the premises for which the |
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| 1 | | license or renewal is sought is more than 600,000 square | 2 | | feet; | 3 | | (2) the premises for which the license or renewal is | 4 | | sought has more than 600 parking stalls; | 5 | | (3) the total area of all buildings on the premises for | 6 | | which the license or renewal is sought exceeds 140,000 | 7 | | square feet; | 8 | | (4) the property line of the premises for which the | 9 | | license or renewal is sought is separated from the property | 10 | | line of the school by a street; | 11 | | (5) the distance from the school's property line to the | 12 | | property line of the premises for which the license or | 13 | | renewal is sought is at least 60 feet; | 14 | | (6) as of the effective date of this amendatory Act of | 15 | | the 97th General Assembly, the premises for which the | 16 | | license or renewal is sought is located in the Illinois | 17 | | Medical District. | 18 | | (w) Notwithstanding any provision in this Section to the | 19 | | contrary, nothing in this Section shall prohibit the issuance | 20 | | or renewal of a license to sell alcoholic liquor at a premises | 21 | | that is located within a municipality with a population in | 22 | | excess of 1,000,000 inhabitants and within 100 feet of a church | 23 | | if: | 24 | | (1) the sale of alcoholic liquor at the premises is | 25 | | incidental to the sale of food; | 26 | | (2) the sale of alcoholic liquor is not the principal
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| 1 | | business carried on by the licensee at the premises; | 2 | | (3) the premises occupy the first floor and basement of | 3 | | a 2-story building that is 106 years old; | 4 | | (4) the premises is at least 7,000 square feet and | 5 | | located on a lot that is at least 11,000 square feet; | 6 | | (5) the premises is located directly west of the | 7 | | church, on perpendicular streets, and separated by an | 8 | | alley; | 9 | | (6) the distance between the
property line of the | 10 | | premises and the property line of the church is at least 20 | 11 | | feet; | 12 | | (7) the distance between the primary entrance of the | 13 | | premises and the primary entrance of the church is at least | 14 | | 130 feet; and | 15 | | (8) the church has been at its location for at least 40 | 16 | | years. | 17 | | (x) Notwithstanding any provision of this Section to the | 18 | | contrary, nothing in this Section shall prohibit the issuance | 19 | | or renewal of a license authorizing the sale of alcoholic | 20 | | liquor at a premises that is located within a municipality with | 21 | | a population in excess of 1,000,000 inhabitants and within 100 | 22 | | feet of a church if: | 23 | | (1) the sale of alcoholic liquor is not the principal | 24 | | business carried on by the licensee at the premises; | 25 | | (2) the church has been operating in its current | 26 | | location since 1973; |
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| 1 | | (3) the premises has been operating in its current | 2 | | location since 1988; | 3 | | (4) the church and the premises are owned by the same | 4 | | parish; | 5 | | (5) the premises is used for cultural and educational | 6 | | purposes; | 7 | | (6) the primary entrance to the premises and the | 8 | | primary entrance to the church are located on the same | 9 | | street; | 10 | | (7) the principal religious leader of the church has | 11 | | indicated his support of the issuance of the license; | 12 | | (8) the premises is a 2-story building of approximately | 13 | | 23,000 square feet; and | 14 | | (9) the premises houses a ballroom on its ground floor | 15 | | of approximately 5,000 square feet. | 16 | | (y) Notwithstanding any provision of this Section to the | 17 | | contrary, nothing in this Section shall prohibit the issuance | 18 | | or renewal of a license authorizing the sale of alcoholic | 19 | | liquor at a premises that is located within a municipality with | 20 | | a population in excess of 1,000,000 inhabitants and within 100 | 21 | | feet of a school if: | 22 | | (1) the sale of alcoholic liquor is not the principal | 23 | | business carried on by the licensee at the premises; | 24 | | (2) the sale of alcoholic liquor at the premises is | 25 | | incidental to the sale of food; | 26 | | (3) according to the municipality, the distance |
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| 1 | | between the east property line of the premises and the west | 2 | | property line of the school is 97.8 feet; | 3 | | (4) the school is a City of Chicago School District 299 | 4 | | school; | 5 | | (5) the school has been operating since 1959; | 6 | | (6) the primary entrance to the premises and the | 7 | | primary entrance to the school are located on the same | 8 | | street; | 9 | | (7) the street on which the entrances of the premises | 10 | | and the school are located is a major diagonal | 11 | | thoroughfare; | 12 | | (8) the premises is a single-story building of | 13 | | approximately 2,900 square feet; and | 14 | | (9) the premises is used for commercial purposes only. | 15 | | (z) Notwithstanding any provision of this Section to the | 16 | | contrary, nothing in this Section shall prohibit the issuance | 17 | | or renewal of a license authorizing the sale of alcoholic | 18 | | liquor at a premises that is located within a municipality with | 19 | | a population in excess of 1,000,000 inhabitants and within 100 | 20 | | feet of a mosque if: | 21 | | (1) the sale of alcoholic liquor is not the principal | 22 | | business carried on by the licensee at the premises; | 23 | | (2) the licensee shall only sell packaged liquors at | 24 | | the premises; | 25 | | (3) the licensee is a national retail chain having over | 26 | | 100 locations within the municipality; |
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| 1 | | (4) the licensee has over 8,000 locations nationwide; | 2 | | (5) the licensee has locations in all 50 states; | 3 | | (6) the premises is located in the North-East quadrant | 4 | | of the municipality; | 5 | | (7) the premises is a free-standing building that has | 6 | | "drive-through" pharmacy service; | 7 | | (8) the premises has approximately 14,490 square feet | 8 | | of retail space; | 9 | | (9) the premises has approximately 799 square feet of | 10 | | pharmacy space; | 11 | | (10) the premises is located on a major arterial street | 12 | | that runs east-west and accepts truck traffic; and | 13 | | (11) the alderman of the ward in which the premises is | 14 | | located has expressed, in writing, his or her support for | 15 | | the issuance of the license. | 16 | | (aa) Notwithstanding any provision of this Section to the | 17 | | contrary, nothing in this Section shall prohibit the issuance | 18 | | or renewal of a license authorizing the sale of alcoholic | 19 | | liquor at a premises that is located within a municipality with | 20 | | a population in excess of 1,000,000 inhabitants and within 100 | 21 | | feet of a church if: | 22 | | (1) the sale of alcoholic liquor is not the principal | 23 | | business carried on by the licensee at the premises; | 24 | | (2) the licensee shall only sell packaged liquors at | 25 | | the premises; | 26 | | (3) the licensee is a national retail chain having over |
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| 1 | | 100 locations within the municipality; | 2 | | (4) the licensee has over 8,000 locations nationwide; | 3 | | (5) the licensee has locations in all 50 states; | 4 | | (6) the premises is located in the North-East quadrant | 5 | | of the municipality; | 6 | | (7) the premises is located across the street from a | 7 | | national grocery chain outlet; | 8 | | (8) the premises has approximately 16,148 square feet | 9 | | of retail space; | 10 | | (9) the premises has approximately 992 square feet of | 11 | | pharmacy space; | 12 | | (10) the premises is located on a major arterial street | 13 | | that runs north-south and accepts truck traffic; and | 14 | | (11) the alderman of the ward in which the premises is | 15 | | located has expressed, in writing, his or her support for | 16 | | the issuance of the license. | 17 | | (bb) Notwithstanding any provision of this Section to the | 18 | | contrary, nothing in this Section shall prohibit the issuance | 19 | | or renewal of a license authorizing the sale of alcoholic | 20 | | liquor at a premises that is located within a municipality with | 21 | | a population in excess of 1,000,000 inhabitants and within 100 | 22 | | feet of a church if: | 23 | | (1) the sale of alcoholic liquor is not the principal | 24 | | business carried on by the licensee at the premises; | 25 | | (2) the sale of alcoholic liquor at the premises is | 26 | | incidental to the sale of food; |
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| 1 | | (3) the primary entrance to the premises and the | 2 | | primary entrance to the church are located on the same | 3 | | street; | 4 | | (4) the premises is across the street from the church; | 5 | | (5) the street on which the premises and the church are | 6 | | located is a major arterial street that runs east-west; | 7 | | (6) the church is an elder-led and Bible-based Assyrian | 8 | | church; | 9 | | (7) the premises and the church are both single-story | 10 | | buildings; | 11 | | (8) the storefront directly west of the church is being | 12 | | used as a restaurant; and | 13 | | (9) the distance between the northern-most property | 14 | | line of the premises and the southern-most property line of | 15 | | the church is 65 feet. | 16 | | (cc) Notwithstanding any provision of this Section to the | 17 | | contrary, nothing in this Section shall prohibit the issuance | 18 | | or renewal of a license authorizing the sale of alcoholic | 19 | | liquor at a premises that is located within a municipality with | 20 | | a population in excess of 1,000,000 inhabitants and within 100 | 21 | | feet of a school if: | 22 | | (1) the sale of alcoholic liquor is not the principal | 23 | | business carried on by the licensee at the premises; | 24 | | (2) the licensee shall only sell packaged liquors at | 25 | | the premises; | 26 | | (3) the licensee is a national retail chain; |
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| 1 | | (4) as of October 25, 2011, the licensee has 1,767 | 2 | | stores operating nationwide, 87 stores operating in the | 3 | | State, and 10 stores operating within the municipality; | 4 | | (5) the licensee shall occupy approximately 124,000 | 5 | | square feet of space in the basement and first and second | 6 | | floors of a building located across the street from a | 7 | | school; | 8 | | (6) the school opened in August of 2009 and occupies | 9 | | approximately 67,000 square feet of space; and | 10 | | (7) the building in which the premises shall be located | 11 | | has been listed on the National Register of Historic Places | 12 | | since April 17, 1970. | 13 | | (dd) Notwithstanding any provision in this Section to the | 14 | | contrary, nothing in this Section shall prohibit the issuance | 15 | | or renewal of a license authorizing the sale of alcoholic | 16 | | liquor within a full-service grocery store at a premises that | 17 | | is located within a municipality with a population in excess of | 18 | | 1,000,000 inhabitants and is within 100 feet of a school if: | 19 | | (1) the premises is constructed on land that was | 20 | | purchased from the municipality at a fair market price; | 21 | | (2) the premises is constructed on land that was | 22 | | previously used as a parking facility for public safety | 23 | | employees; | 24 | | (3) the sale of alcoholic liquor is not the principal | 25 | | business carried on by the licensee at the premises; | 26 | | (4) the main entrance to the store is more than 100 |
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| 1 | | feet from the main entrance to the school; | 2 | | (5) the premises is to be new construction; | 3 | | (6) the school is a private school; | 4 | | (7) the principal of the school has given written | 5 | | approval for the license; | 6 | | (8) the alderman of the ward where the premises is | 7 | | located has given written approval of the issuance of the | 8 | | license; | 9 | | (9) the grocery store level of the premises is between | 10 | | 60,000 and 70,000 square feet; and | 11 | | (10) the owner and operator of the grocery store | 12 | | operates 2 other grocery stores that have alcoholic liquor | 13 | | licenses within the same municipality. | 14 | | (ee) Notwithstanding any provision in this Section to the | 15 | | contrary, nothing in this Section shall prohibit the issuance | 16 | | or renewal of a license authorizing the sale of alcoholic | 17 | | liquor within a full-service grocery store at a premises that | 18 | | is located within a municipality with a population in excess of | 19 | | 1,000,000 inhabitants and is within 100 hundred feet of a | 20 | | school if: | 21 | | (1) the premises is constructed on land that once | 22 | | contained an industrial steel facility; | 23 | | (2) the premises is located on land that has undergone | 24 | | environmental remediation; | 25 | | (3) the premises is located within a retail complex | 26 | | containing retail stores where some of the stores sell |
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| 1 | | alcoholic beverages; | 2 | | (4) the principal activity of any restaurant in the | 3 | | retail complex is the sale of food, and the sale of | 4 | | alcoholic liquor is incidental to the sale of food; | 5 | | (5) the sale of alcoholic liquor is not the principal | 6 | | business carried on by the grocery store; | 7 | | (6) the entrance to any business that sells alcoholic | 8 | | liquor is more than 100 feet from the entrance to the | 9 | | school; | 10 | | (7) the alderman of the ward where the premises is | 11 | | located has given written approval of the issuance of the | 12 | | license; and | 13 | | (8) the principal of the school has given written | 14 | | consent to the issuance of the license. | 15 | | (ff) (dd) Notwithstanding any provision of this Section to | 16 | | the contrary, nothing in this Section shall prohibit the | 17 | | issuance or renewal of a license authorizing the sale of | 18 | | alcoholic liquor at a premises that is located within a | 19 | | municipality with a population in excess of 1,000,000 | 20 | | inhabitants and within 100 feet of a school if: | 21 | | (1) the sale of alcoholic liquor is not the principal | 22 | | business carried on at the premises; | 23 | | (2) the sale of alcoholic liquor at the premises is | 24 | | incidental to the operation of a theater; | 25 | | (3) the premises is a one and one-half-story building | 26 | | of approximately 10,000 square feet; |
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| 1 | | (4) the school is a City of Chicago School District 299 | 2 | | school; | 3 | | (5) the primary entrance of the premises and the | 4 | | primary entrance of the school are at least 300 feet apart | 5 | | and no more than 400 feet apart; | 6 | | (6) the alderman of the ward in which the premises is | 7 | | located has expressed, in writing, his support for the | 8 | | issuance of the license; and | 9 | | (7) the principal of the school has expressed, in | 10 | | writing, that there is no objection to the issuance of a | 11 | | license under this subsection (ff) (dd) . | 12 | | (gg) Notwithstanding any provision of this Section to the | 13 | | contrary, nothing in this Section shall prohibit the issuance | 14 | | or renewal of a license authorizing the sale of alcoholic | 15 | | liquor incidental to the sale of food within a restaurant or | 16 | | banquet facility established in a premises that is located in a | 17 | | municipality with a population in excess of 1,000,000 | 18 | | inhabitants and within 100 feet 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 property on which the church is located and the | 22 | | property on which the premises are located are both within | 23 | | a district originally listed on the National Register of | 24 | | Historic Places on February 14, 1979; | 25 | | (3) the property on which the premises are located | 26 | | contains one or more multi-story buildings that are at |
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| 1 | | least 95 years old and have no more than three stories; | 2 | | (4) the building in which the church is located is at | 3 | | least 120 years old; | 4 | | (5) the property on which the church is located is | 5 | | immediately adjacent to and west of the property on which | 6 | | the premises are located; | 7 | | (6) the western boundary of the property on which the | 8 | | premises are located is no less than 118 feet in length and | 9 | | no more than 122 feet in length; | 10 | | (7) as of December 31, 2012, both the church property | 11 | | and the property on which the premises are located are | 12 | | within 250 feet of City of Chicago Business-Residential | 13 | | Planned Development Number 38; | 14 | | (8) the principal religious leader at the place of | 15 | | worship has indicated his or her support for the issuance | 16 | | of the license in writing; and | 17 | | (9) the alderman in whose district the premises are | 18 | | located has expressed his or her support for the issuance | 19 | | of the license in writing. | 20 | | For the purposes of this subsection, "banquet facility" | 21 | | means the part of the building that is located on the floor | 22 | | above a restaurant and caters to private parties and where the | 23 | | sale of alcoholic liquors is not the principal business. | 24 | | (hh) Notwithstanding any provision of this Section to the | 25 | | contrary, nothing in this Section shall prohibit the issuance | 26 | | or renewal of a license authorizing the sale of alcoholic |
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| 1 | | liquor within a hotel and at an outdoor patio area attached to | 2 | | the hotel that are located in a municipality with a population | 3 | | in excess of 1,000,000 inhabitants and that are within 100 feet | 4 | | of a hospital if: | 5 | | (1) the sale of alcoholic liquor is not the principal | 6 | | business carried on by the licensee at the hotel; | 7 | | (2) the hotel is located within the City of Chicago | 8 | | Business Planned Development Number 468; and | 9 | | (3) the hospital is located within the City of Chicago | 10 | | Institutional Planned Development Number 3. | 11 | | (ii) Notwithstanding any provision of this Section to the | 12 | | contrary, nothing in this Section shall prohibit the issuance | 13 | | or renewal of a license authorizing the sale of alcoholic | 14 | | liquor within a restaurant and at an outdoor patio area | 15 | | attached to the restaurant that are located in a municipality | 16 | | with a population in excess of 1,000,000 inhabitants and that | 17 | | are within 100 feet of a church if: | 18 | | (1) the sale of alcoholic liquor at the premises is not | 19 | | the principal business carried on by the licensee and is | 20 | | incidental to the sale of food; | 21 | | (2) the restaurant has been operated on the street | 22 | | level of a 2-story building located on a corner lot since | 23 | | 2008; | 24 | | (3) the restaurant is between 3,700 and 4,000 square | 25 | | feet and sits on a lot that is no more than 6,200 square | 26 | | feet; |
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| 1 | | (4) the primary entrance to the restaurant and the | 2 | | primary entrance to the church are located on the same | 3 | | street; | 4 | | (5) the street on which the restaurant and the church | 5 | | are located is a major east-west street; | 6 | | (6) the restaurant and the church are separated by a | 7 | | one-way northbound street; | 8 | | (7) the church is located to the west of and no more | 9 | | than 65 feet from the restaurant; and | 10 | | (8) the principal religious leader at the place of | 11 | | worship has indicated his or her consent to the issuance of | 12 | | the license in writing. | 13 | | (Source: P.A. 96-283, eff. 8-11-09; 96-744, eff. 8-25-09; | 14 | | 96-851, eff. 12-23-09; 96-871, eff. 1-21-10; 96-1051, eff. | 15 | | 7-14-10; 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634, eff. | 16 | | 12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12; 97-806, | 17 | | eff. 7-13-12; revised 7-23-12.)
| 18 | | (235 ILCS 5/6-15) (from Ch. 43, par. 130)
| 19 | | Sec. 6-15. No alcoholic liquors shall be sold or delivered | 20 | | in any
building belonging to or under the control of the State | 21 | | or any political
subdivision thereof except as provided in this | 22 | | Act. The corporate
authorities of any city, village, | 23 | | incorporated town, township, or county may provide by
| 24 | | ordinance, however, that alcoholic liquor may be sold or | 25 | | delivered in any
specifically designated building belonging to |
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| 1 | | or under the control of the
municipality, township, or county, | 2 | | or in any building located on land under the
control of the | 3 | | municipality, township, or county; provided that such township | 4 | | or county complies with all
applicable local ordinances in any | 5 | | incorporated area of the township or county.
Alcoholic liquor | 6 | | may be delivered to and sold under the authority of a special | 7 | | use permit on any property owned by a conservation district | 8 | | organized under the Conservation District Act, provided that | 9 | | (i) the alcoholic liquor is sold only at an event authorized by | 10 | | the governing board of the conservation district, (ii) the | 11 | | issuance of the special use permit is authorized by the local | 12 | | liquor control commissioner of the territory in which the | 13 | | property is located, and (iii) the special use permit | 14 | | authorizes the sale of alcoholic liquor for one day or less. | 15 | | Alcoholic liquors may be delivered to and sold at any airport | 16 | | belonging to
or under the control of a municipality of more | 17 | | than 25,000 inhabitants, or
in any building or on any golf | 18 | | course owned by a park district organized under
the Park | 19 | | District
Code, subject to the approval of the governing board | 20 | | of the district, or
in any building or on any golf course owned | 21 | | by a forest preserve district
organized under the Downstate | 22 | | Forest Preserve District Act, subject to the
approval of the | 23 | | governing board of the district, or on the grounds
within 500 | 24 | | feet of any building owned by a forest preserve district
| 25 | | organized under the Downstate Forest Preserve District Act | 26 | | during
times when food is dispensed for consumption within
500 |
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| 1 | | feet of the building from which the food is dispensed,
subject | 2 | | to the
approval of the
governing board of the district, or in a | 3 | | building owned by a Local Mass
Transit District organized under | 4 | | the Local Mass Transit District Act, subject
to the approval of | 5 | | the governing Board of the District, or in Bicentennial
Park, | 6 | | or
on the premises of the City of Mendota Lake Park
located | 7 | | adjacent to Route 51 in Mendota, Illinois, or on the premises | 8 | | of
Camden Park in Milan, Illinois, or in the community center | 9 | | owned by the
City of Loves Park that is located at 1000 River | 10 | | Park Drive in Loves Park,
Illinois, or, in connection with the | 11 | | operation of an established food
serving facility during times | 12 | | when food is dispensed for consumption on the
premises, and at | 13 | | the following aquarium and museums located in public
parks: Art | 14 | | Institute of Chicago, Chicago Academy of Sciences, Chicago
| 15 | | Historical Society, Field Museum of Natural History, Museum of | 16 | | Science and
Industry, DuSable Museum of African American | 17 | | History, John G. Shedd
Aquarium and Adler Planetarium, or at | 18 | | Lakeview Museum of Arts and Sciences
in Peoria, or in | 19 | | connection with the operation of the facilities of the
Chicago | 20 | | Zoological Society or the Chicago Horticultural Society on land
| 21 | | owned by the Forest Preserve District of Cook County,
or on any | 22 | | land used for a golf course or for recreational purposes
owned | 23 | | by the Forest Preserve District of Cook County, subject to the | 24 | | control
of the Forest Preserve District Board of Commissioners | 25 | | and applicable local
law, provided that dram shop liability | 26 | | insurance is provided at
maximum coverage limits so as to hold |
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| 1 | | the
District harmless from all financial loss, damage, and | 2 | | harm,
or in any building
located on land owned by the Chicago | 3 | | Park District if approved by the Park
District Commissioners, | 4 | | or on any land used for a golf course or for
recreational | 5 | | purposes and owned by the Illinois International Port District | 6 | | if
approved by the District's governing board, or at any | 7 | | airport, golf course,
faculty center, or
facility in which | 8 | | conference and convention type activities take place
belonging | 9 | | to or under control of any State university or public community
| 10 | | college district, provided that with respect to a facility for | 11 | | conference
and convention type activities alcoholic liquors | 12 | | shall be limited to the
use of the convention or conference | 13 | | participants or participants
in cultural, political or | 14 | | educational activities held in such facilities,
and provided | 15 | | further that the faculty or staff of the State university or
a | 16 | | public community college district, or members of an | 17 | | organization of
students, alumni, faculty or staff of the State | 18 | | university or a public
community college district are active | 19 | | participants in the conference
or convention, or in Memorial | 20 | | Stadium on the campus of the University of
Illinois at | 21 | | Urbana-Champaign during games in which the
Chicago Bears | 22 | | professional football team is playing in that stadium during | 23 | | the
renovation of Soldier Field, not more than one and a half | 24 | | hours before the
start of the game and not after the end of the | 25 | | third quarter of the game,
or in the Pavilion Facility on the | 26 | | campus of the University of Illinois at Chicago during games in |
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| 1 | | which the Chicago Storm professional soccer team is playing in | 2 | | that facility, not more than one and a half hours before the | 3 | | start of the game and not after the end of the third quarter of | 4 | | the game, or in the Pavilion Facility on the campus of the | 5 | | University of Illinois at Chicago during games in which the | 6 | | WNBA professional women's basketball team is playing in that | 7 | | facility, not more than one and a half hours before the start | 8 | | of the game and not after the 10-minute mark of the second half | 9 | | of the game, or by a catering establishment which has rented | 10 | | facilities
from a board of trustees of a public community | 11 | | college district, or in a restaurant that is operated by a | 12 | | commercial tenant in the North Campus Parking Deck building | 13 | | that (1) is located at 1201 West University Avenue, Urbana, | 14 | | Illinois and (2) is owned by the Board of Trustees of the | 15 | | University of Illinois, or, if
approved by the District board, | 16 | | on land owned by the Metropolitan Sanitary
District of Greater | 17 | | Chicago and leased to others for a term of at least
20 years. | 18 | | Nothing in this Section precludes the sale or delivery of
| 19 | | alcoholic liquor in the form of original packaged goods in | 20 | | premises located
at 500 S. Racine in Chicago belonging to the | 21 | | University of Illinois and
used primarily as a grocery store by | 22 | | a commercial tenant during the term of
a lease that predates | 23 | | the University's acquisition of the premises; but the
| 24 | | University shall have no power or authority to renew, transfer, | 25 | | or extend
the lease with terms allowing the sale of alcoholic | 26 | | liquor; and the sale of
alcoholic liquor shall be subject to |
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| 1 | | all local laws and regulations.
After the acquisition by | 2 | | Winnebago County of the property located at 404
Elm Street in | 3 | | Rockford, a commercial tenant who sold alcoholic liquor at
| 4 | | retail on a portion of the property under a valid license at | 5 | | the time of
the acquisition may continue to do so for so long | 6 | | as the tenant and the
County may agree under existing or future | 7 | | leases, subject to all local laws
and regulations regarding the | 8 | | sale of alcoholic liquor. Alcoholic liquors may be delivered to | 9 | | and sold at Memorial Hall, located at 211 North Main Street, | 10 | | Rockford, under conditions approved by Winnebago County and | 11 | | subject to all local laws and regulations regarding the sale of | 12 | | alcoholic liquor. Each
facility shall provide dram shop | 13 | | liability in maximum insurance coverage
limits so as to save | 14 | | harmless the State, municipality, State university,
airport, | 15 | | golf course, faculty center, facility in which conference and
| 16 | | convention type activities take place, park district, Forest | 17 | | Preserve
District, public community college district, | 18 | | aquarium, museum, or sanitary
district from all financial loss, | 19 | | damage or harm. Alcoholic liquors may be
sold at retail in | 20 | | buildings of golf courses owned by municipalities or Illinois | 21 | | State University in
connection with the operation of an | 22 | | established food serving facility
during times when food is | 23 | | dispensed for consumption upon the premises.
Alcoholic liquors | 24 | | may be delivered to and sold at retail in any building
owned by | 25 | | a fire protection district organized under the Fire Protection
| 26 | | District Act, provided that such delivery and sale is approved |
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| 1 | | by the board
of trustees of the district, and provided further | 2 | | that such delivery and
sale is limited to fundraising events | 3 | | and to a maximum of 6 events per year.
| 4 | | Alcoholic liquors may be served or sold in buildings under | 5 | | the control of the Board of Trustees of the University of | 6 | | Illinois for events that the Board may determine are public | 7 | | events and not related student activities. The Board of | 8 | | Trustees shall issue a written policy within 6 months of the | 9 | | effective date of this amendatory Act of the 95th General | 10 | | Assembly concerning the types of events that would be eligible | 11 | | for an exemption. Thereafter, the Board of Trustees may issue | 12 | | revised, updated, new, or amended policies as it deems | 13 | | necessary and appropriate. In preparing its written policy, the | 14 | | Board of Trustees shall, among other factors it considers | 15 | | relevant and important, give consideration to the following: | 16 | | (i) whether the event is a student activity or student related | 17 | | activity; (ii) whether the physical setting of the event is | 18 | | conducive to control of liquor sales and distribution; (iii) | 19 | | the ability of the event operator to ensure that the sale or | 20 | | serving of alcoholic liquors and the demeanor of the | 21 | | participants are in accordance with State law and University | 22 | | policies; (iv) regarding the anticipated attendees at the | 23 | | event, the relative proportion of individuals under the age of | 24 | | 21 to individuals age 21 or older; (v) the ability of the venue | 25 | | operator to prevent the sale or distribution of alcoholic | 26 | | liquors to individuals under the age of 21; (vi) whether the |
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| 1 | | event prohibits participants from removing alcoholic beverages | 2 | | from the venue; and (vii) whether the event prohibits | 3 | | participants from providing their own alcoholic liquors to the | 4 | | venue. In addition, any policy submitted by the Board of | 5 | | Trustees to the Illinois Liquor Control Commission must require | 6 | | that any event at which alcoholic liquors are served or sold in | 7 | | buildings under the control of the Board of Trustees shall | 8 | | require the prior written approval of the Office of the | 9 | | Chancellor for the University campus where the event is | 10 | | located. The Board of Trustees shall submit its policy, and any | 11 | | subsequently revised, updated, new, or amended policies, to the | 12 | | Illinois Liquor Control Commission, and any University event, | 13 | | or location for an event, exempted under such policies shall | 14 | | apply for a license under the applicable Sections of this Act. | 15 | | Alcoholic liquors may be served or sold in buildings under
| 16 | | the control of the Board of Trustees of Northern Illinois | 17 | | University
for events that the Board may determine are public
| 18 | | events and not student-related activities. The Board of
| 19 | | Trustees shall issue a written policy within 6 months after | 20 | | June 28, 2011 (the
effective date of Public Act 97-45) | 21 | | concerning the types of events that would be eligible
for an | 22 | | exemption. Thereafter, the Board of Trustees may issue
revised, | 23 | | updated, new, or amended policies as it deems
necessary and | 24 | | appropriate. In preparing its written policy, the
Board of | 25 | | Trustees shall, in addition to other factors it considers
| 26 | | relevant and important, give consideration to the following:
|
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| 1 | | (i) whether the event is a student activity or student-related
| 2 | | activity; (ii) whether the physical setting of the event is
| 3 | | conducive to control of liquor sales and distribution; (iii)
| 4 | | the ability of the event operator to ensure that the sale or
| 5 | | serving of alcoholic liquors and the demeanor of the
| 6 | | participants are in accordance with State law and University
| 7 | | policies; (iv) the anticipated attendees at the
event and the | 8 | | relative proportion of individuals under the age of
21 to | 9 | | individuals age 21 or older; (v) the ability of the venue
| 10 | | operator to prevent the sale or distribution of alcoholic
| 11 | | liquors to individuals under the age of 21; (vi) whether the
| 12 | | event prohibits participants from removing alcoholic beverages
| 13 | | from the venue; and (vii) whether the event prohibits
| 14 | | participants from providing their own alcoholic liquors to the
| 15 | | venue. | 16 | | Alcoholic liquors may be served or sold in buildings under
| 17 | | the control of the Board of Trustees of Illinois State | 18 | | University
for events that the Board may determine are public
| 19 | | events and not student-related activities. The Board of
| 20 | | Trustees shall issue a written policy within 6 months after the | 21 | | effective date of this amendatory Act of the 97th General | 22 | | Assembly concerning the types of events that would be eligible
| 23 | | for an exemption. Thereafter, the Board of Trustees may issue
| 24 | | revised, updated, new, or amended policies as it deems
| 25 | | necessary and appropriate. In preparing its written policy, the
| 26 | | Board of Trustees shall, in addition to other factors it |
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| 1 | | considers
relevant and important, give consideration to the | 2 | | following:
(i) whether the event is a student activity or | 3 | | student-related
activity; (ii) whether the physical setting of | 4 | | the event is
conducive to control of liquor sales and | 5 | | distribution; (iii)
the ability of the event operator to ensure | 6 | | that the sale or
serving of alcoholic liquors and the demeanor | 7 | | of the
participants are in accordance with State law and | 8 | | University
policies; (iv) the anticipated attendees at the
| 9 | | event and the relative proportion of individuals under the age | 10 | | of
21 to individuals age 21 or older; (v) the ability of the | 11 | | venue
operator to prevent the sale or distribution of alcoholic
| 12 | | liquors to individuals under the age of 21; (vi) whether the
| 13 | | event prohibits participants from removing alcoholic beverages
| 14 | | from the venue; and (vii) whether the event prohibits
| 15 | | participants from providing their own alcoholic liquors to the
| 16 | | venue. | 17 | | Alcoholic liquor may be delivered to and sold at retail in | 18 | | the
Dorchester Senior Business Center owned by the Village of | 19 | | Dolton if the
alcoholic liquor is sold or dispensed only in | 20 | | connection with organized
functions for which the planned | 21 | | attendance is 20 or more persons, and if
the person or facility | 22 | | selling or dispensing the alcoholic liquor has
provided dram | 23 | | shop liability insurance in maximum limits so as to hold
| 24 | | harmless the Village of Dolton and the State from all financial | 25 | | loss,
damage and harm.
| 26 | | Alcoholic liquors may be delivered to and sold at retail in |
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| 1 | | any
building used as an Illinois State Armory provided:
| 2 | | (i) the Adjutant General's written consent to the | 3 | | issuance of a
license to sell alcoholic liquor in such | 4 | | building is filed with the
Commission;
| 5 | | (ii) the alcoholic liquor is sold or dispensed only in | 6 | | connection
with organized functions held on special | 7 | | occasions;
| 8 | | (iii) the organized function is one for which the | 9 | | planned attendance
is 25 or more persons; and
| 10 | | (iv) the facility selling or dispensing the alcoholic | 11 | | liquors has
provided dram shop liability insurance in | 12 | | maximum limits so as to save
harmless the facility and the | 13 | | State from all financial loss, damage or harm.
| 14 | | Alcoholic liquors may be delivered to and sold at retail in | 15 | | the Chicago
Civic Center, provided that:
| 16 | | (i) the written consent of the Public Building | 17 | | Commission which
administers the Chicago Civic Center is | 18 | | filed with the Commission;
| 19 | | (ii) the alcoholic liquor is sold or dispensed only in | 20 | | connection with
organized functions held on special | 21 | | occasions;
| 22 | | (iii) the organized function is one for which the | 23 | | planned attendance is
25 or more persons;
| 24 | | (iv) the facility selling or dispensing the alcoholic | 25 | | liquors has
provided dram shop liability insurance in | 26 | | maximum limits so as to hold
harmless the Civic Center, the |
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| 1 | | City of Chicago and the State from all
financial loss, | 2 | | damage or harm; and
| 3 | | (v) all applicable local ordinances are complied with.
| 4 | | Alcoholic liquors may be delivered or sold in any building | 5 | | belonging to
or under the control of any city, village or | 6 | | incorporated town where more
than 75% of the physical | 7 | | properties of the building is used for commercial
or | 8 | | recreational purposes, and the building is located upon a pier | 9 | | extending
into or over the waters of a navigable lake or stream | 10 | | or on the shore of a
navigable lake or stream.
In accordance | 11 | | with a license issued under this Act, alcoholic liquor may be | 12 | | sold, served, or delivered in buildings and facilities under
| 13 | | the control
of the Department of Natural Resources during | 14 | | events or activities lasting no more than 7 continuous days | 15 | | upon the written approval of the
Director of
Natural Resources | 16 | | acting as the controlling government authority. The Director
of
| 17 | | Natural Resources may specify conditions on that approval, | 18 | | including but not
limited to
requirements for insurance and | 19 | | hours of operation.
Notwithstanding any other provision of this | 20 | | Act, alcoholic liquor sold by a
United States Army Corps of | 21 | | Engineers or Department of Natural
Resources
concessionaire | 22 | | who was operating on June 1, 1991 for on-premises consumption
| 23 | | only is not subject to the provisions of Articles IV and IX. | 24 | | Beer and wine
may be sold on the premises of the Joliet Park | 25 | | District Stadium owned by
the Joliet Park District when written | 26 | | consent to the issuance of a license
to sell beer and wine in |
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| 1 | | such premises is filed with the local liquor
commissioner by | 2 | | the Joliet Park District. Beer and wine may be sold in
| 3 | | buildings on the grounds of State veterans' homes when written | 4 | | consent to
the issuance of a license to sell beer and wine in | 5 | | such buildings is filed
with the Commission by the Department | 6 | | of Veterans' Affairs, and the
facility shall provide dram shop | 7 | | liability in maximum insurance coverage
limits so as to save | 8 | | the facility harmless from all financial loss, damage
or harm. | 9 | | Such liquors may be delivered to and sold at any property owned | 10 | | or
held under lease by a Metropolitan Pier and Exposition | 11 | | Authority or
Metropolitan Exposition and Auditorium Authority.
| 12 | | Beer and wine may be sold and dispensed at professional | 13 | | sporting events
and at professional concerts and other | 14 | | entertainment events conducted on
premises owned by the Forest | 15 | | Preserve District of Kane County, subject to
the control of the | 16 | | District Commissioners and applicable local law,
provided that | 17 | | dram shop liability insurance is provided at maximum coverage
| 18 | | limits so as to hold the District harmless from all financial | 19 | | loss, damage
and harm.
| 20 | | Nothing in this Section shall preclude the sale or delivery | 21 | | of beer and
wine at a State or county fair or the sale or | 22 | | delivery of beer or wine at a
city fair in any otherwise lawful | 23 | | manner.
| 24 | | Alcoholic liquors may be sold at retail in buildings in | 25 | | State parks
under the control of the Department of Natural | 26 | | Resources,
provided:
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| 1 | | a. the State park has overnight lodging facilities with | 2 | | some
restaurant facilities or, not having overnight | 3 | | lodging facilities, has
restaurant facilities which serve | 4 | | complete luncheon and dinner or
supper meals,
| 5 | | b. consent to the issuance of a license to sell | 6 | | alcoholic liquors in
the buildings has been filed with the | 7 | | commission by the Department of
Natural Resources, and
| 8 | | c. the alcoholic liquors are sold by the State park | 9 | | lodge or
restaurant concessionaire only during the hours | 10 | | from 11 o'clock a.m. until
12 o'clock midnight. | 11 | | Notwithstanding any other provision of this Act,
alcoholic | 12 | | liquor sold by the State park or restaurant concessionaire | 13 | | is not
subject to the provisions of Articles IV and IX.
| 14 | | Alcoholic liquors may be sold at retail in buildings on | 15 | | properties
under the control of the Historic Sites and | 16 | | Preservation Division of the
Historic Preservation
Agency or | 17 | | the Abraham Lincoln Presidential Library and Museum provided:
| 18 | | a. the property has overnight lodging facilities with | 19 | | some restaurant
facilities or, not having overnight | 20 | | lodging facilities, has restaurant
facilities which serve | 21 | | complete luncheon and dinner or supper meals,
| 22 | | b. consent to the issuance of a license to sell | 23 | | alcoholic liquors in
the buildings has been filed with the | 24 | | commission by the Historic Sites and
Preservation Division
| 25 | | of the Historic
Preservation Agency or the Abraham Lincoln | 26 | | Presidential Library and Museum,
and
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| 1 | | c. the alcoholic liquors are sold by the lodge or | 2 | | restaurant
concessionaire only during the hours from 11 | 3 | | o'clock a.m. until 12 o'clock
midnight.
| 4 | | The sale of alcoholic liquors pursuant to this Section does | 5 | | not
authorize the establishment and operation of facilities | 6 | | commonly called
taverns, saloons, bars, cocktail lounges, and | 7 | | the like except as a part
of lodge and restaurant facilities in | 8 | | State parks or golf courses owned
by Forest Preserve Districts | 9 | | with a population of less than 3,000,000 or
municipalities or | 10 | | park districts.
| 11 | | Alcoholic liquors may be sold at retail in the Springfield
| 12 | | Administration Building of the Department of Transportation | 13 | | and the
Illinois State Armory in Springfield; provided, that | 14 | | the controlling
government authority may consent to such sales | 15 | | only if
| 16 | | a. the request is from a not-for-profit organization;
| 17 | | b. such sales would not impede normal operations of the | 18 | | departments
involved;
| 19 | | c. the not-for-profit organization provides dram shop | 20 | | liability in
maximum insurance coverage limits and agrees | 21 | | to defend, save harmless
and indemnify the State of | 22 | | Illinois from all financial loss, damage or harm;
| 23 | | d. no such sale shall be made during normal working | 24 | | hours of the
State of Illinois; and
| 25 | | e. the consent is in writing.
| 26 | | Alcoholic liquors may be sold at retail in buildings in |
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| 1 | | recreational
areas of river conservancy districts under the | 2 | | control of, or leased
from, the river conservancy districts. | 3 | | Such sales are subject to
reasonable local regulations as | 4 | | provided in Article IV; however, no such
regulations may | 5 | | prohibit or substantially impair the sale of alcoholic
liquors | 6 | | on Sundays or Holidays.
| 7 | | Alcoholic liquors may be provided in long term care | 8 | | facilities owned or
operated by a county under Division 5-21 or | 9 | | 5-22 of the Counties Code,
when approved by the facility | 10 | | operator and not in conflict
with the regulations of the | 11 | | Illinois Department of Public Health, to
residents of the | 12 | | facility who have had their consumption of the alcoholic
| 13 | | liquors provided approved in writing by a physician licensed to | 14 | | practice
medicine in all its branches.
| 15 | | Alcoholic liquors may be delivered to and dispensed in | 16 | | State housing
assigned to employees of the Department of | 17 | | Corrections.
No person shall furnish or allow to be furnished | 18 | | any alcoholic
liquors to any prisoner confined in any jail, | 19 | | reformatory, prison or house
of correction except upon a | 20 | | physician's prescription for medicinal purposes.
| 21 | | Alcoholic liquors may be sold at retail or dispensed at the | 22 | | Willard Ice
Building in Springfield, at the State Library in | 23 | | Springfield, and at
Illinois State Museum facilities by (1) an
| 24 | | agency of the State, whether legislative, judicial or | 25 | | executive, provided
that such agency first obtains written | 26 | | permission to sell or dispense
alcoholic liquors from the |
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| 1 | | controlling government authority, or by (2) a
not-for-profit | 2 | | organization, provided that such organization:
| 3 | | a. Obtains written consent from the controlling | 4 | | government authority;
| 5 | | b. Sells or dispenses the alcoholic liquors in a manner | 6 | | that does not
impair normal operations of State offices | 7 | | located in the building;
| 8 | | c. Sells or dispenses alcoholic liquors only in | 9 | | connection with an
official activity in the building;
| 10 | | d. Provides, or its catering service provides, dram | 11 | | shop liability
insurance in maximum coverage limits and in | 12 | | which the carrier agrees to
defend, save harmless and | 13 | | indemnify the State of Illinois from all
financial loss, | 14 | | damage or harm arising out of the selling or dispensing of
| 15 | | alcoholic liquors.
| 16 | | Nothing in this Act shall prevent a not-for-profit | 17 | | organization or agency
of the State from employing the services | 18 | | of a catering establishment for
the selling or dispensing of | 19 | | alcoholic liquors at authorized functions.
| 20 | | The controlling government authority for the Willard Ice | 21 | | Building in
Springfield shall be the Director of the Department | 22 | | of Revenue. The
controlling government authority for Illinois | 23 | | State Museum facilities shall
be the Director of the Illinois | 24 | | State Museum. The controlling government
authority for the | 25 | | State Library in Springfield shall be the Secretary of State.
| 26 | | Alcoholic liquors may be delivered to and sold at retail or |
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| 1 | | dispensed
at any facility, property or building under the | 2 | | jurisdiction of the
Historic Sites and Preservation Division of | 3 | | the
Historic Preservation Agency
or the Abraham
Lincoln | 4 | | Presidential Library and Museum
where the delivery, sale or
| 5 | | dispensing is by (1)
an agency of the State, whether | 6 | | legislative, judicial or executive,
provided that such agency | 7 | | first obtains written permission to sell or
dispense alcoholic | 8 | | liquors from a controlling government authority, or by (2) an | 9 | | individual or organization provided that such individual or | 10 | | organization:
| 11 | | a. Obtains written consent from the controlling | 12 | | government authority;
| 13 | | b. Sells or dispenses the alcoholic liquors in a manner | 14 | | that does not
impair normal workings of State offices or | 15 | | operations located at the
facility, property or building;
| 16 | | c. Sells or dispenses alcoholic liquors only in | 17 | | connection with an
official activity of the individual or | 18 | | organization in the facility,
property or building;
| 19 | | d. Provides, or its catering service provides, dram | 20 | | shop liability
insurance in maximum coverage limits and in | 21 | | which the carrier agrees to
defend, save harmless and | 22 | | indemnify the State of Illinois from all
financial loss, | 23 | | damage or harm arising out of the selling or dispensing of
| 24 | | alcoholic liquors.
| 25 | | The controlling government authority for the
Historic | 26 | | Sites and Preservation Division of the
Historic Preservation |
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| 1 | | Agency
shall be the Director of the Historic Sites and | 2 | | Preservation, and the
controlling
government authority for the | 3 | | Abraham Lincoln Presidential Library and Museum
shall be the | 4 | | Director of the Abraham Lincoln Presidential Library and | 5 | | Museum.
| 6 | | Alcoholic liquors may be delivered to and sold at retail or | 7 | | dispensed for
consumption at the Michael Bilandic Building at | 8 | | 160 North LaSalle Street,
Chicago IL 60601, after the normal | 9 | | business hours of any day care or child care
facility located | 10 | | in the building, by (1) a commercial tenant or subtenant
| 11 | | conducting business on the premises under a lease made pursuant | 12 | | to Section
405-315 of the Department of Central Management | 13 | | Services Law (20 ILCS
405/405-315), provided that such tenant | 14 | | or subtenant who accepts delivery of,
sells, or dispenses | 15 | | alcoholic liquors shall procure and maintain dram shop
| 16 | | liability insurance in maximum coverage limits and in which the | 17 | | carrier
agrees to defend, indemnify, and save harmless the | 18 | | State of Illinois from
all financial loss, damage, or harm | 19 | | arising out of the delivery, sale, or
dispensing of alcoholic | 20 | | liquors, or by (2) an agency of the State, whether
legislative, | 21 | | judicial, or executive, provided that such agency first obtains
| 22 | | written permission to accept delivery of and sell or dispense | 23 | | alcoholic liquors
from the Director of Central Management | 24 | | Services, or by (3) a not-for-profit
organization, provided | 25 | | that such organization:
| 26 | | a. obtains written consent from the Department of |
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| 1 | | Central Management
Services;
| 2 | | b. accepts delivery of and sells or dispenses the | 3 | | alcoholic liquors in a
manner that does not impair normal | 4 | | operations of State offices located in the
building;
| 5 | | c. accepts delivery of and sells or dispenses alcoholic | 6 | | liquors only in
connection with an official activity in the | 7 | | building; and
| 8 | | d. provides, or its catering service provides, dram | 9 | | shop liability
insurance in maximum coverage limits and in | 10 | | which the carrier agrees to
defend, save harmless, and | 11 | | indemnify the State of Illinois from all
financial loss, | 12 | | damage, or harm arising out of the selling or dispensing of
| 13 | | alcoholic liquors.
| 14 | | Nothing in this Act shall prevent a not-for-profit | 15 | | organization or agency
of the State from employing the services | 16 | | of a catering establishment for
the selling or dispensing of | 17 | | alcoholic liquors at functions authorized by
the Director of | 18 | | Central Management Services.
| 19 | | Alcoholic liquors may be sold at retail or dispensed at the | 20 | | James R.
Thompson Center in Chicago, subject to the provisions | 21 | | of Section 7.4 of the
State Property Control Act, and 222 South | 22 | | College Street in Springfield,
Illinois by (1) a commercial | 23 | | tenant or subtenant conducting business on the
premises under a | 24 | | lease or sublease made pursuant to Section 405-315 of the
| 25 | | Department of Central Management Services Law (20 ILCS | 26 | | 405/405-315), provided
that such tenant or subtenant who
sells |
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| 1 | | or dispenses alcoholic liquors shall procure and maintain dram | 2 | | shop
liability insurance in maximum coverage limits and in | 3 | | which the carrier
agrees to defend, indemnify and save harmless | 4 | | the State of Illinois from
all financial loss, damage or harm | 5 | | arising out of the sale or dispensing of
alcoholic liquors, or | 6 | | by (2) an agency of the State, whether legislative,
judicial or | 7 | | executive, provided that such agency first obtains written
| 8 | | permission to sell or dispense alcoholic liquors from the | 9 | | Director of
Central Management Services, or by (3) a | 10 | | not-for-profit organization,
provided that such organization:
| 11 | | a. Obtains written consent from the Department of | 12 | | Central Management
Services;
| 13 | | b. Sells or dispenses the alcoholic liquors in a manner | 14 | | that does not
impair normal operations of State offices | 15 | | located in the building;
| 16 | | c. Sells or dispenses alcoholic liquors only in | 17 | | connection with an
official activity in the building;
| 18 | | d. Provides, or its catering service provides, dram | 19 | | shop liability
insurance in maximum coverage limits and in | 20 | | which the carrier agrees to
defend, save harmless and | 21 | | indemnify the State of Illinois from all
financial loss, | 22 | | damage or harm arising out of the selling or dispensing of
| 23 | | alcoholic liquors.
| 24 | | Nothing in this Act shall prevent a not-for-profit | 25 | | organization or agency
of the State from employing the services | 26 | | of a catering establishment for
the selling or dispensing of |
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| 1 | | alcoholic liquors at functions authorized by
the Director of | 2 | | Central Management Services.
| 3 | | Alcoholic liquors may be sold or delivered at any facility | 4 | | owned by the
Illinois Sports Facilities Authority provided that | 5 | | dram shop liability
insurance has been made available in a | 6 | | form, with such coverage and in such
amounts as the Authority | 7 | | reasonably determines is necessary.
| 8 | | Alcoholic liquors may be sold at retail or dispensed at the | 9 | | Rockford
State Office Building by (1) an agency of the State, | 10 | | whether legislative,
judicial or executive, provided that such | 11 | | agency first obtains written
permission to sell or dispense | 12 | | alcoholic liquors from the Department of
Central Management | 13 | | Services, or by (2) a not-for-profit organization,
provided | 14 | | that such organization:
| 15 | | a. Obtains written consent from the Department of | 16 | | Central Management
Services;
| 17 | | b. Sells or dispenses the alcoholic liquors in a manner | 18 | | that does not
impair normal operations of State offices | 19 | | located in the building;
| 20 | | c. Sells or dispenses alcoholic liquors only in | 21 | | connection with an
official activity in the building;
| 22 | | d. Provides, or its catering service provides, dram | 23 | | shop liability
insurance in maximum coverage limits and in | 24 | | which the carrier agrees to defend,
save harmless and | 25 | | indemnify the State of Illinois from all financial loss,
| 26 | | damage or harm arising out of the selling or dispensing of |
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| 1 | | alcoholic liquors.
| 2 | | Nothing in this Act shall prevent a not-for-profit | 3 | | organization or agency
of the State from employing the services | 4 | | of a catering establishment for
the selling or dispensing of | 5 | | alcoholic liquors at functions authorized by
the Department of | 6 | | Central Management Services.
| 7 | | Alcoholic liquors may be sold or delivered in a building | 8 | | that is owned
by McLean County, situated on land owned by the | 9 | | county in the City of
Bloomington, and used by the McLean | 10 | | County Historical Society if the sale
or delivery is approved | 11 | | by an ordinance adopted by the county board, and
the | 12 | | municipality in which the building is located may not prohibit | 13 | | that
sale or delivery, notwithstanding any other provision of | 14 | | this Section. The
regulation of the sale and delivery of | 15 | | alcoholic liquor in a building that
is owned by McLean County, | 16 | | situated on land owned by the county, and used
by the McLean | 17 | | County Historical Society as provided in this paragraph is an
| 18 | | exclusive power and function of the State and is a denial and | 19 | | limitation
under Article VII, Section 6, subsection (h) of the | 20 | | Illinois Constitution
of the power of a home rule municipality | 21 | | to regulate that sale and delivery.
| 22 | | Alcoholic liquors may be sold or delivered in any building | 23 | | situated on
land held in trust for any school district | 24 | | organized under Article 34 of
the School Code, if the building | 25 | | is not used for school purposes and if the
sale or delivery is | 26 | | approved by the board of education.
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| 1 | | Alcoholic liquors may be sold or delivered in buildings | 2 | | owned
by the Community Building Complex Committee of Boone | 3 | | County,
Illinois if the person or facility selling or | 4 | | dispensing the
alcoholic liquor has provided dram shop | 5 | | liability insurance with coverage and
in amounts that the | 6 | | Committee reasonably determines are necessary.
| 7 | | Alcoholic liquors may be sold or delivered in the building | 8 | | located at
1200 Centerville Avenue in Belleville, Illinois and | 9 | | occupied by either the
Belleville Area Special Education | 10 | | District or the Belleville Area Special
Services
Cooperative. | 11 | | Alcoholic liquors may be delivered to and sold at the Louis | 12 | | Joliet
Renaissance Center, City Center Campus, located at 214 | 13 | | N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts | 14 | | Department facilities, Main Campus, located at
1215 Houbolt | 15 | | Road, Joliet, owned by or under the control of Joliet Junior
| 16 | | College,
Illinois Community College District No. 525.
| 17 | | Alcoholic liquors may be delivered to and sold at Triton | 18 | | College, Illinois Community College District No. 504. | 19 | | Alcoholic liquors may be delivered to and sold at the | 20 | | College of DuPage, Illinois Community College District No. 502. | 21 | | Alcoholic liquors may be delivered to and sold at the | 22 | | building located at 446 East Hickory Avenue in Apple River, | 23 | | Illinois, owned by the Apple River Fire Protection District, | 24 | | and occupied by the Apple River Community Association if the | 25 | | alcoholic liquor is sold or dispensed only in connection with | 26 | | organized functions approved by the Apple River Community |
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| 1 | | Association for which the planned attendance is 20 or more | 2 | | persons and if the person or facility selling or dispensing the | 3 | | alcoholic liquor has provided dram shop liability insurance in | 4 | | maximum limits so as to hold harmless the Apple River Fire | 5 | | Protection District, the Village of Apple River, and the Apple | 6 | | River Community Association from all financial loss, damage, | 7 | | and harm. | 8 | | Alcoholic liquors may be delivered to and sold at the Sikia | 9 | | Restaurant, Kennedy King College Campus, located at 740 West | 10 | | 63rd Street, Chicago, and at the Food Services in the Great | 11 | | Hall/Washburne Culinary Institute Department facility, Kennedy | 12 | | King College Campus, located at 740 West 63rd Street, Chicago, | 13 | | owned by or under the control of City Colleges of Chicago, | 14 | | Illinois Community College District No. 508.
| 15 | | (Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51, | 16 | | eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11; | 17 | | 97-395, eff. 8-16-11; 97-813, eff. 7-13-12.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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