Illinois General Assembly - Full Text of HB3237
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Full Text of HB3237  99th General Assembly

HB3237ham001 99TH GENERAL ASSEMBLY

Rep. Sara Feigenholtz

Filed: 4/15/2015

 

 


 

 


 
09900HB3237ham001LRB099 07830 RPS 33919 a

1
AMENDMENT TO HOUSE BILL 3237

2    AMENDMENT NO. ______. Amend House Bill 3237 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 6-5, 6-6, and 6-11 as follows:
 
6    (235 ILCS 5/6-5)  (from Ch. 43, par. 122)
7    Sec. 6-5. Except as otherwise provided in this Section, it
8is unlawful for any person having a retailer's license or any
9officer, associate, member, representative or agent of such
10licensee to accept, receive or borrow money, or anything else
11of value, or accept or receive credit (other than merchandising
12credit in the ordinary course of business for a period not to
13exceed 30 days) directly or indirectly from any manufacturer,
14importing distributor or distributor of alcoholic liquor, or
15from any person connected with or in any way representing, or
16from any member of the family of, such manufacturer, importing

 

 

09900HB3237ham001- 2 -LRB099 07830 RPS 33919 a

1distributor, distributor or wholesaler, or from any
2stockholders in any corporation engaged in manufacturing,
3distributing or wholesaling of such liquor, or from any
4officer, manager, agent or representative of said
5manufacturer. Except as provided below, it is unlawful for any
6manufacturer or distributor or importing distributor to give or
7lend money or anything of value, or otherwise loan or extend
8credit (except such merchandising credit) directly or
9indirectly to any retail licensee or to the manager,
10representative, agent, officer or director of such licensee. A
11manufacturer, distributor or importing distributor may furnish
12free advertising, posters, signs, brochures, hand-outs, or
13other promotional devices or materials to any unit of
14government owning or operating any auditorium, exhibition
15hall, recreation facility or other similar facility holding a
16retailer's license, provided that the primary purpose of such
17promotional devices or materials is to promote public events
18being held at such facility. A unit of government owning or
19operating such a facility holding a retailer's license may
20accept such promotional devices or materials designed
21primarily to promote public events held at the facility. No
22retail licensee delinquent beyond the 30 day period specified
23in this Section shall solicit, accept or receive credit,
24purchase or acquire alcoholic liquors, directly or indirectly
25from any other licensee, and no manufacturer, distributor or
26importing distributor shall knowingly grant or extend credit,

 

 

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1sell, furnish or supply alcoholic liquors to any such
2delinquent retail licensee; provided that the purchase price of
3all beer sold to a retail licensee shall be paid by the retail
4licensee in cash on or before delivery of the beer, and unless
5the purchase price payable by a retail licensee for beer sold
6to him in returnable bottles shall expressly include a charge
7for the bottles and cases, the retail licensee shall, on or
8before delivery of such beer, pay the seller in cash a deposit
9in an amount not less than the deposit required to be paid by
10the distributor to the brewer; but where the brewer sells
11direct to the retailer, the deposit shall be an amount no less
12than that required by the brewer from his own distributors; and
13provided further, that in no instance shall this deposit be
14less than 50 cents for each case of beer in pint or smaller
15bottles and 60 cents for each case of beer in quart or
16half-gallon bottles; and provided further, that the purchase
17price of all beer sold to an importing distributor or
18distributor shall be paid by such importing distributor or
19distributor in cash on or before the 15th day (Sundays and
20holidays excepted) after delivery of such beer to such
21purchaser; and unless the purchase price payable by such
22importing distributor or distributor for beer sold in
23returnable bottles and cases shall expressly include a charge
24for the bottles and cases, such importing distributor or
25distributor shall, on or before the 15th day (Sundays and
26holidays excepted) after delivery of such beer to such

 

 

09900HB3237ham001- 4 -LRB099 07830 RPS 33919 a

1purchaser, pay the seller in cash a required amount as a
2deposit to assure the return of such bottles and cases. Nothing
3herein contained shall prohibit any licensee from crediting or
4refunding to a purchaser the actual amount of money paid for
5bottles, cases, kegs or barrels returned by the purchaser to
6the seller or paid by the purchaser as a deposit on bottles,
7cases, kegs or barrels, when such containers or packages are
8returned to the seller. Nothing herein contained shall prohibit
9any manufacturer, importing distributor or distributor from
10extending usual and customary credit for alcoholic liquor sold
11to customers or purchasers who live in or maintain places of
12business outside of this State when such alcoholic liquor is
13actually transported and delivered to such points outside of
14this State.
15    A manufacturer, distributor, or importing distributor may
16furnish free social media advertising to a retail licensee if
17the social media advertisement does not contain the retail
18price of any alcoholic liquor and the social media
19advertisement complies with any applicable guidance issued by
20the Alcohol and Tobacco Tax and Trade Bureau of the United
21States Department of the Treasury. Nothing in this Section
22shall prohibit a retailer from communicating with a
23manufacturer, distributor, or importing distributor on social
24media or sharing media on the social media of a manufacturer,
25distributor, or importing distributor. A retailer may request
26free social media advertising from a manufacturer,

 

 

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1distributor, or importing distributor. For the purposes of this
2Section, "social media" means a service, platform, or site
3where users communicate with one another and share media, such
4as pictures, videos, music, and blogs, with other users free of
5charge.
6    No right of action shall exist for the collection of any
7claim based upon credit extended to a distributor, importing
8distributor or retail licensee contrary to the provisions of
9this Section.
10    Every manufacturer, importing distributor and distributor
11shall submit or cause to be submitted, to the State Commission,
12in triplicate, not later than Thursday of each calendar week, a
13verified written list of the names and respective addresses of
14each retail licensee purchasing spirits or wine from such
15manufacturer, importing distributor or distributor who, on the
16first business day of that calendar week, was delinquent beyond
17the above mentioned permissible merchandising credit period of
1830 days; or, if such is the fact, a verified written statement
19that no retail licensee purchasing spirits or wine was then
20delinquent beyond such permissible merchandising credit period
21of 30 days.
22    Every manufacturer, importing distributor and distributor
23shall submit or cause to be submitted, to the State Commission,
24in triplicate, a verified written list of the names and
25respective addresses of each previously reported delinquent
26retail licensee who has cured such delinquency by payment,

 

 

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1which list shall be submitted not later than the close of the
2second full business day following the day such delinquency was
3so cured.
4    Such written verified reports required to be submitted by
5this Section shall be posted by the State Commission in each of
6its offices in places available for public inspection not later
7than the day following receipt thereof by the Commission. The
8reports so posted shall constitute notice to every
9manufacturer, importing distributor and distributor of the
10information contained therein. Actual notice to manufacturers,
11importing distributors and distributors of the information
12contained in any such posted reports, however received, shall
13also constitute notice of such information.
14    The 30 day merchandising credit period allowed by this
15Section shall commence with the day immediately following the
16date of invoice and shall include all successive days including
17Sundays and holidays to and including the 30th successive day.
18    In addition to other methods allowed by law, payment by
19check during the period for which merchandising credit may be
20extended under the provisions of this Section shall be
21considered payment. All checks received in payment for
22alcoholic liquor shall be promptly deposited for collection. A
23post dated check or a check dishonored on presentation for
24payment shall not be deemed payment.
25    A retail licensee shall not be deemed to be delinquent in
26payment for any alleged sale to him of alcoholic liquor when

 

 

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1there exists a bona fide dispute between such retailer and a
2manufacturer, importing distributor or distributor with
3respect to the amount of indebtedness existing because of such
4alleged sale.
5    A delinquent retail licensee who engages in the retail
6liquor business at 2 or more locations shall be deemed to be
7delinquent with respect to each such location.
8    The license of any person who violates any provision of
9this Section shall be subject to suspension or revocation in
10the manner provided by this Act.
11    If any part or provision of this Article or the application
12thereof to any person or circumstances shall be adjudged
13invalid by a court of competent jurisdiction, such judgment
14shall be confined by its operation to the controversy in which
15it was mentioned and shall not affect or invalidate the
16remainder of this Article or the application thereof to any
17other person or circumstance and to this and the provisions of
18this Article are declared severable.
19(Source: P.A. 83-762.)
 
20    (235 ILCS 5/6-6)  (from Ch. 43, par. 123)
21    Sec. 6-6. Except as otherwise provided in this Act no
22manufacturer or distributor or importing distributor shall,
23directly or indirectly, sell, supply, furnish, give or pay for,
24or loan or lease, any furnishing, fixture or equipment on the
25premises of a place of business of another licensee authorized

 

 

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1under this Act to sell alcoholic liquor at retail, either for
2consumption on or off the premises, nor shall he or she,
3directly or indirectly, pay for any such license, or advance,
4furnish, lend or give money for payment of such license, or
5purchase or become the owner of any note, mortgage, or other
6evidence of indebtedness of such licensee or any form of
7security therefor, nor shall such manufacturer, or
8distributor, or importing distributor, directly or indirectly,
9be interested in the ownership, conduct or operation of the
10business of any licensee authorized to sell alcoholic liquor at
11retail, nor shall any manufacturer, or distributor, or
12importing distributor be interested directly or indirectly or
13as owner or part owner of said premises or as lessee or lessor
14thereof, in any premises upon which alcoholic liquor is sold at
15retail.
16    No manufacturer or distributor or importing distributor
17shall, directly or indirectly or through a subsidiary or
18affiliate, or by any officer, director or firm of such
19manufacturer, distributor or importing distributor, furnish,
20give, lend or rent, install, repair or maintain, to or for any
21retail licensee in this State, any signs or inside advertising
22materials except as provided in this Section and Section 6-5.
23With respect to retail licensees, other than any government
24owned or operated auditorium, exhibition hall, recreation
25facility or other similar facility holding a retailer's license
26as described in Section 6-5, a manufacturer, distributor, or

 

 

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1importing distributor may furnish, give, lend or rent and
2erect, install, repair and maintain to or for any retail
3licensee, for use at any one time in or about or in connection
4with a retail establishment on which the products of the
5manufacturer, distributor or importing distributor are sold,
6the following signs and inside advertising materials as
7authorized in subparts (i), (ii), (iii), and (iv):
8        (i) Permanent outside signs shall be limited to one
9    outside sign, per brand, in place and in use at any one
10    time, costing not more than $893, exclusive of erection,
11    installation, repair and maintenance costs, and permit
12    fees and shall bear only the manufacturer's name, brand
13    name, trade name, slogans, markings, trademark, or other
14    symbols commonly associated with and generally used in
15    identifying the product including, but not limited to,
16    "cold beer", "on tap", "carry out", and "packaged liquor".
17        (ii) Temporary outside signs shall be limited to one
18    temporary outside sign per brand. Examples of temporary
19    outside signs are banners, flags, pennants, streamers, and
20    other items of a temporary and non-permanent nature. Each
21    temporary outside sign must include the manufacturer's
22    name, brand name, trade name, slogans, markings,
23    trademark, or other symbol commonly associated with and
24    generally used in identifying the product. Temporary
25    outside signs may also include, for example, the product,
26    price, packaging, date or dates of a promotion and an

 

 

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1    announcement of a retail licensee's specific sponsored
2    event, if the temporary outside sign is intended to promote
3    a product, and provided that the announcement of the retail
4    licensee's event and the product promotion are held
5    simultaneously. However, temporary outside signs may not
6    include names, slogans, markings, or logos that relate to
7    the retailer. Nothing in this subpart (ii) shall prohibit a
8    distributor or importing distributor from bearing the cost
9    of creating or printing a temporary outside sign for the
10    retail licensee's specific sponsored event or from bearing
11    the cost of creating or printing a temporary sign for a
12    retail licensee containing, for example, community
13    goodwill expressions, regional sporting event
14    announcements, or seasonal messages, provided that the
15    primary purpose of the temporary outside sign is to
16    highlight, promote, or advertise the product. In addition,
17    temporary outside signs provided by the manufacturer to the
18    distributor or importing distributor may also include, for
19    example, subject to the limitations of this Section,
20    preprinted community goodwill expressions, sporting event
21    announcements, seasonal messages, and manufacturer
22    promotional announcements. However, a distributor or
23    importing distributor shall not bear the cost of such
24    manufacturer preprinted signs.
25        (iii) Permanent inside signs, whether visible from the
26    outside or the inside of the premises, include, but are not

 

 

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1    limited to: alcohol lists and menus that may include names,
2    slogans, markings, or logos that relate to the retailer;
3    neons; illuminated signs; clocks; table lamps; mirrors;
4    tap handles; decalcomanias; window painting; and window
5    trim. All permanent inside signs in place and in use at any
6    one time shall cost in the aggregate not more than $2000
7    per manufacturer. A permanent inside sign must include the
8    manufacturer's name, brand name, trade name, slogans,
9    markings, trademark, or other symbol commonly associated
10    with and generally used in identifying the product.
11    However, permanent inside signs may not include names,
12    slogans, markings, or logos that relate to the retailer.
13    For the purpose of this subpart (iii), all permanent inside
14    signs may be displayed in an adjacent courtyard or patio
15    commonly referred to as a "beer garden" that is a part of
16    the retailer's licensed premises.
17        (iv) Temporary inside signs shall include, but are not
18    limited to, lighted chalk boards, acrylic table tent
19    beverage or hors d'oeuvre list holders, banners, flags,
20    pennants, streamers, and inside advertising materials such
21    as posters, placards, bowling sheets, table tents, inserts
22    for acrylic table tent beverage or hors d'oeuvre list
23    holders, sports schedules, or similar printed or
24    illustrated materials; however, such items, for example,
25    as coasters, trays, napkins, glassware and cups shall not
26    be deemed to be inside signs or advertising materials and

 

 

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1    may only be sold to retailers. All temporary inside signs
2    and inside advertising materials in place and in use at any
3    one time shall cost in the aggregate not more than $325 per
4    manufacturer. Nothing in this subpart (iv) prohibits a
5    distributor or importing distributor from paying the cost
6    of printing or creating any temporary inside banner or
7    inserts for acrylic table tent beverage or hors d'oeuvre
8    list holders for a retail licensee, provided that the
9    primary purpose for the banner or insert is to highlight,
10    promote, or advertise the product. For the purpose of this
11    subpart (iv), all temporary inside signs and inside
12    advertising materials may be displayed in an adjacent
13    courtyard or patio commonly referred to as a "beer garden"
14    that is a part of the retailer's licensed premises.
15    A "cost adjustment factor" shall be used to periodically
16update the dollar limitations prescribed in subparts (i),
17(iii), and (iv). The Commission shall establish the adjusted
18dollar limitation on an annual basis beginning in January,
191997. The term "cost adjustment factor" means a percentage
20equal to the change in the Bureau of Labor Statistics Consumer
21Price Index or 5%, whichever is greater. The restrictions
22contained in this Section 6-6 do not apply to signs, or
23promotional or advertising materials furnished by
24manufacturers, distributors or importing distributors to a
25government owned or operated facility holding a retailer's
26license as described in Section 6-5.

 

 

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1    No distributor or importing distributor shall directly or
2indirectly or through a subsidiary or affiliate, or by any
3officer, director or firm of such manufacturer, distributor or
4importing distributor, furnish, give, lend or rent, install,
5repair or maintain, to or for any retail licensee in this
6State, any signs or inside advertising materials described in
7subparts (i), (ii), (iii), or (iv) of this Section except as
8the agent for or on behalf of a manufacturer, provided that the
9total cost of any signs and inside advertising materials
10including but not limited to labor, erection, installation and
11permit fees shall be paid by the manufacturer whose product or
12products said signs and inside advertising materials advertise
13and except as follows:
14    A distributor or importing distributor may purchase from or
15enter into a written agreement with a manufacturer or a
16manufacturer's designated supplier and such manufacturer or
17the manufacturer's designated supplier may sell or enter into
18an agreement to sell to a distributor or importing distributor
19permitted signs and advertising materials described in
20subparts (ii), (iii), or (iv) of this Section for the purpose
21of furnishing, giving, lending, renting, installing,
22repairing, or maintaining such signs or advertising materials
23to or for any retail licensee in this State. Any purchase by a
24distributor or importing distributor from a manufacturer or a
25manufacturer's designated supplier shall be voluntary and the
26manufacturer may not require the distributor or the importing

 

 

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1distributor to purchase signs or advertising materials from the
2manufacturer or the manufacturer's designated supplier.
3    A distributor or importing distributor shall be deemed the
4owner of such signs or advertising materials purchased from a
5manufacturer or a manufacturer's designated supplier.
6    The provisions of Public Act 90-373 concerning signs or
7advertising materials delivered by a manufacturer to a
8distributor or importing distributor shall apply only to signs
9or advertising materials delivered on or after August 14, 1997.
10    A manufacturer, distributor, or importing distributor may
11furnish free social media advertising to a retail licensee if
12the social media advertisement does not contain the retail
13price of any alcoholic liquor and the social media
14advertisement complies with any applicable guidance issued by
15the Alcohol and Tobacco Tax and Trade Bureau of the United
16States Department of the Treasury. Nothing in this Section
17shall prohibit a retailer from communicating with a
18manufacturer, distributor, or importing distributor on social
19media or sharing media on the social media of a manufacturer,
20distributor, or importing distributor. A retailer may request
21free social media advertising from a manufacturer,
22distributor, or importing distributor. For the purposes of this
23Section, "social media" means a service, platform, or site
24where users communicate with one another and share media, such
25as pictures, videos, music, and blogs, with other users free of
26charge.

 

 

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1    No person engaged in the business of manufacturing,
2importing or distributing alcoholic liquors shall, directly or
3indirectly, pay for, or advance, furnish, or lend money for the
4payment of any license for another. Any licensee who shall
5permit or assent, or be a party in any way to any violation or
6infringement of the provisions of this Section shall be deemed
7guilty of a violation of this Act, and any money loaned
8contrary to a provision of this Act shall not be recovered
9back, or any note, mortgage or other evidence of indebtedness,
10or security, or any lease or contract obtained or made contrary
11to this Act shall be unenforceable and void.
12    This Section shall not apply to airplane licensees
13exercising powers provided in paragraph (i) of Section 5-1 of
14this Act.
15(Source: P.A. 98-756, eff. 7-16-14.)
 
16    (235 ILCS 5/6-11)
17    Sec. 6-11. Sale near churches, schools, and hospitals.
18    (a) No license shall be issued for the sale at retail of
19any alcoholic liquor within 100 feet of any church, school
20other than an institution of higher learning, hospital, home
21for aged or indigent persons or for veterans, their spouses or
22children or any military or naval station, provided, that this
23prohibition shall not apply to hotels offering restaurant
24service, regularly organized clubs, or to restaurants, food
25shops or other places where sale of alcoholic liquors is not

 

 

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

 

 

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

 

 

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1high school in 1933, and in each of these cases if the sale of
2alcoholic liquors is not the principal business carried on by
3the licensee.
4    For purposes of this Section, a "banquet facility" is any
5part of a building that caters to private parties and where the
6sale of alcoholic liquors is not the principal business.
7    (e) Nothing in this Section shall prohibit the issuance of
8a license to a church or private school to sell at retail
9alcoholic liquor if any such sales are limited to periods when
10groups are assembled on the premises solely for the promotion
11of some common object other than the sale or consumption of
12alcoholic liquors.
13    (f) Nothing in this Section shall prohibit a church or
14church affiliated school located in a home rule municipality or
15in a municipality with 75,000 or more inhabitants from locating
16within 100 feet of a property for which there is a preexisting
17license to sell alcoholic liquor at retail. In these instances,
18the local zoning authority may, by ordinance adopted
19simultaneously with the granting of an initial special use
20zoning permit for the church or church affiliated school,
21provide that the 100-foot restriction in this Section shall not
22apply to that church or church affiliated school and future
23retail liquor licenses.
24    (g) Nothing in this Section shall prohibit the issuance of
25a retail license authorizing the sale of alcoholic liquor at
26premises within 100 feet, but not less than 90 feet, of a

 

 

09900HB3237ham001- 19 -LRB099 07830 RPS 33919 a

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

 

 

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

 

 

09900HB3237ham001- 21 -LRB099 07830 RPS 33919 a

1different not-for-profit theater groups.
2    (k) Notwithstanding any provision in this Section to the
3contrary, nothing in this Section shall prohibit the issuance
4or renewal of a license authorizing the sale of alcoholic
5liquor at a premises that is located within a municipality with
6a population in excess of 1,000,000 inhabitants and is within
7100 feet of a school if:
8        (1) the primary entrance of the premises and the
9    primary entrance of the school are parallel, on different
10    streets, and separated by an alley;
11        (2) the southeast corner of the premises are at least
12    350 feet from the southwest corner of the school;
13        (3) the school was built in 1978;
14        (4) the sale of alcoholic liquor at the premises is
15    incidental to the sale of food;
16        (5) the sale of alcoholic liquor is not the principal
17    business carried on by the licensee at the premises;
18        (6) the applicant is the owner of the restaurant and
19    has held a valid license authorizing the sale of alcoholic
20    liquor for the business to be conducted on the premises at
21    a different location for more than 7 years; and
22        (7) the premises is at least 2,300 square feet and sits
23    on a lot that is between 6,100 and 6,150 square feet.
24    (l) Notwithstanding any provision in this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license authorizing the sale of alcoholic

 

 

09900HB3237ham001- 22 -LRB099 07830 RPS 33919 a

1liquor at a premises that is located within a municipality with
2a population in excess of 1,000,000 inhabitants and is within
3100 feet of a church or school if:
4        (1) the primary entrance of the premises and the
5    closest entrance of the church or school is at least 90
6    feet apart and no greater than 95 feet apart;
7        (2) the shortest distance between the premises and the
8    church or school is at least 80 feet apart and no greater
9    than 85 feet apart;
10        (3) the applicant is the owner of the restaurant and on
11    November 15, 2006 held a valid license authorizing the sale
12    of alcoholic liquor for the business to be conducted on the
13    premises for at least 14 different locations;
14        (4) the sale of alcoholic liquor at the premises is
15    incidental to the sale of food;
16        (5) the sale of alcoholic liquor is not the principal
17    business carried on by the licensee at the premises;
18        (6) the premises is at least 3,200 square feet and sits
19    on a lot that is between 7,150 and 7,200 square feet; 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    (m) Notwithstanding any provision in this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor at a premises that is located within a municipality with

 

 

09900HB3237ham001- 23 -LRB099 07830 RPS 33919 a

1a population in excess of 1,000,000 inhabitants and is within
2100 feet of a church if:
3        (1) the premises and the church are perpendicular, and
4    the primary entrance of the premises faces South while the
5    primary entrance of the church faces West and the distance
6    between the two entrances is more than 100 feet;
7        (2) the shortest distance between the premises lot line
8    and the exterior wall of the church is at least 80 feet;
9        (3) the church was established at the current location
10    in 1916 and the present structure was erected in 1925;
11        (4) the premises is a single story, single use building
12    with at least 1,750 square feet and no more than 2,000
13    square feet;
14        (5) the sale of alcoholic liquor at the premises is
15    incidental to the sale of food;
16        (6) the sale of alcoholic liquor is not the principal
17    business carried on by the licensee at the premises; and
18        (7) the principal religious leader at the place of
19    worship has not indicated his or her opposition to the
20    issuance or renewal of the license in writing.
21    (n) Notwithstanding any provision in this Section to the
22contrary, nothing in this Section shall prohibit the issuance
23or renewal of a license authorizing the sale of alcoholic
24liquor at a premises that is located within a municipality with
25a population in excess of 1,000,000 inhabitants and is within
26100 feet of a school if:

 

 

09900HB3237ham001- 24 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 25 -LRB099 07830 RPS 33919 a

1        (5) the shortest distance between any part of the
2    premises and any part of the church is at least 60 feet;
3        (6) the premises is between 3,600 and 4,000 square feet
4    and sits on a lot that is between 3,600 and 4,000 square
5    feet; and
6        (7) the premises was built in the year 1909.
7    For purposes of this subsection (o), "premises" means a
8place of business together with a privately owned outdoor
9location that is adjacent to the place of business.
10    (p) Notwithstanding any provision in this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor at a premises that is located within a municipality with
14a population in excess of 1,000,000 inhabitants and within 100
15feet of a church if:
16        (1) the shortest distance between the backdoor of the
17    premises, which is used as an emergency exit, and the
18    church is at least 80 feet;
19        (2) the church was established at the current location
20    in 1889; and
21        (3) liquor has been sold on the premises since at least
22    1985.
23    (q) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor within a premises that is located in a municipality with

 

 

09900HB3237ham001- 26 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 27 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 28 -LRB099 07830 RPS 33919 a

1        (1) the church was established at the location within
2    100 feet of the premises after a license for the sale of
3    alcoholic liquor at the premises was first issued;
4        (2) a license for sale of alcoholic liquor at the
5    premises was first issued before January 1, 2007; and
6        (3) a license for the sale of alcoholic liquor on the
7    premises has been continuously in effect since January 1,
8    2007, except for interruptions between licenses of no more
9    than 90 days.
10    (t) Notwithstanding any provision of this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor incidental to the sale of food within a restaurant that
14is established in a premises that is located in a municipality
15with a population in excess of 1,000,000 inhabitants and within
16100 feet of a school and a church if:
17        (1) the restaurant is located inside a five-story
18    building with over 16,800 square feet of commercial space;
19        (2) the area of the premises does not exceed 31,050
20    square feet;
21        (3) the area of the restaurant does not exceed 5,800
22    square feet;
23        (4) the building has no less than 78 condominium units;
24        (5) the construction of the building in which the
25    restaurant is located was completed in 2006;
26        (6) the building has 10 storefront properties, 3 of

 

 

09900HB3237ham001- 29 -LRB099 07830 RPS 33919 a

1    which are used for the restaurant;
2        (7) the restaurant will open for business in 2010;
3        (8) the building is north of the school and separated
4    by an alley; and
5        (9) the principal religious leader of the church and
6    either the alderman of the ward in which the school is
7    located or the principal of the school have delivered a
8    written statement to the local liquor control commissioner
9    stating that he or she does not object to the issuance of a
10    license under this subsection (t).
11    (u) Notwithstanding any provision in this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license to sell alcoholic liquor at a premises
14that is located within a municipality with a population in
15excess of 1,000,000 inhabitants and within 100 feet of a school
16if:
17        (1) the premises operates as a restaurant and has been
18    in operation since February 2008;
19        (2) the applicant is the owner of the premises;
20        (3) the sale of alcoholic liquor is incidental to the
21    sale of food;
22        (4) the sale of alcoholic liquor is not the principal
23    business carried on by the licensee on the premises;
24        (5) the premises occupy the first floor of a 3-story
25    building that is at least 90 years old;
26        (6) the rear lot of the school and the rear corner of

 

 

09900HB3237ham001- 30 -LRB099 07830 RPS 33919 a

1    the building that the premises occupy are separated by an
2    alley;
3        (7) the distance from the southwest corner of the
4    property line of the school and the northeast corner of the
5    building that the premises occupy is at least 16 feet, 5
6    inches;
7        (8) the distance from the rear door of the premises to
8    the southwest corner of the property line of the school is
9    at least 93 feet;
10        (9) the school is a City of Chicago School District 299
11    school;
12        (10) the school's main structure was erected in 1902
13    and an addition was built to the main structure in 1959;
14    and
15        (11) the principal of the school and the alderman in
16    whose district the premises are located have expressed, in
17    writing, their support for the issuance of the license.
18    (v) Notwithstanding any provision in this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor at a premises that is located within a municipality with
22a population in excess of 1,000,000 inhabitants and is within
23100 feet of a school if:
24        (1) the total land area of the premises for which the
25    license or renewal is sought is more than 600,000 square
26    feet;

 

 

09900HB3237ham001- 31 -LRB099 07830 RPS 33919 a

1        (2) the premises for which the license or renewal is
2    sought has more than 600 parking stalls;
3        (3) the total area of all buildings on the premises for
4    which the license or renewal is sought exceeds 140,000
5    square feet;
6        (4) the property line of the premises for which the
7    license or renewal is sought is separated from the property
8    line of the school by a street;
9        (5) the distance from the school's property line to the
10    property line of the premises for which the license or
11    renewal is sought is at least 60 feet;
12        (6) as of the effective date of this amendatory Act of
13    the 97th General Assembly, the premises for which the
14    license or renewal is sought is located in the Illinois
15    Medical District.
16    (w) Notwithstanding any provision in this Section to the
17contrary, nothing in this Section shall prohibit the issuance
18or renewal of a license to sell alcoholic liquor at a premises
19that is located within a municipality with a population in
20excess of 1,000,000 inhabitants and within 100 feet of a church
21if:
22        (1) the sale of alcoholic liquor at the premises is
23    incidental to the sale of food;
24        (2) the sale of alcoholic liquor is not the principal
25    business carried on by the licensee at the premises;
26        (3) the premises occupy the first floor and basement of

 

 

09900HB3237ham001- 32 -LRB099 07830 RPS 33919 a

1    a 2-story building that is 106 years old;
2        (4) the premises is at least 7,000 square feet and
3    located on a lot that is at least 11,000 square feet;
4        (5) the premises is located directly west of the
5    church, on perpendicular streets, and separated by an
6    alley;
7        (6) the distance between the property line of the
8    premises and the property line of the church is at least 20
9    feet;
10        (7) the distance between the primary entrance of the
11    premises and the primary entrance of the church is at least
12    130 feet; and
13        (8) the church has been at its location for at least 40
14    years.
15    (x) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor at a premises that is located within a municipality with
19a population in excess of 1,000,000 inhabitants and within 100
20feet of a church 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 church has been operating in its current
24    location since 1973;
25        (3) the premises has been operating in its current
26    location since 1988;

 

 

09900HB3237ham001- 33 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 34 -LRB099 07830 RPS 33919 a

1        (4) the school is a City of Chicago School District 299
2    school;
3        (5) the school has been operating since 1959;
4        (6) the primary entrance to the premises and the
5    primary entrance to the school are located on the same
6    street;
7        (7) the street on which the entrances of the premises
8    and the school are located is a major diagonal
9    thoroughfare;
10        (8) the premises is a single-story building of
11    approximately 2,900 square feet; and
12        (9) the premises is used for commercial purposes only.
13    (z) Notwithstanding any provision of this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor at a premises that is located within a municipality with
17a population in excess of 1,000,000 inhabitants and within 100
18feet of a mosque 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 licensee shall only sell packaged liquors at
22    the premises;
23        (3) the licensee is a national retail chain having over
24    100 locations within the municipality;
25        (4) the licensee has over 8,000 locations nationwide;
26        (5) the licensee has locations in all 50 states;

 

 

09900HB3237ham001- 35 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 36 -LRB099 07830 RPS 33919 a

1        (5) the licensee has locations in all 50 states;
2        (6) the premises is located in the North-East quadrant
3    of the municipality;
4        (7) the premises is located across the street from a
5    national grocery chain outlet;
6        (8) the premises has approximately 16,148 square feet
7    of retail space;
8        (9) the premises has approximately 992 square feet of
9    pharmacy space;
10        (10) the premises is located on a major arterial street
11    that runs north-south and accepts truck traffic; and
12        (11) the alderman of the ward in which the premises is
13    located has expressed, in writing, his or her support for
14    the issuance of the license.
15    (bb) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor at a premises that is located within a municipality with
19a population in excess of 1,000,000 inhabitants and within 100
20feet of a church 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 sale of alcoholic liquor at the premises is
24    incidental to the sale of food;
25        (3) the primary entrance to the premises and the
26    primary entrance to the church are located on the same

 

 

09900HB3237ham001- 37 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 38 -LRB099 07830 RPS 33919 a

1    State, and 10 stores operating within the municipality;
2        (5) the licensee shall occupy approximately 124,000
3    square feet of space in the basement and first and second
4    floors of a building located across the street from a
5    school;
6        (6) the school opened in August of 2009 and occupies
7    approximately 67,000 square feet of space; and
8        (7) the building in which the premises shall be located
9    has been listed on the National Register of Historic Places
10    since April 17, 1970.
11    (dd) Notwithstanding any provision in this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license authorizing the sale of alcoholic
14liquor within a full-service grocery store at a premises that
15is located within a municipality with a population in excess of
161,000,000 inhabitants and is within 100 feet of a school if:
17        (1) the premises is constructed on land that was
18    purchased from the municipality at a fair market price;
19        (2) the premises is constructed on land that was
20    previously used as a parking facility for public safety
21    employees;
22        (3) the sale of alcoholic liquor is not the principal
23    business carried on by the licensee at the premises;
24        (4) the main entrance to the store is more than 100
25    feet from the main entrance to the school;
26        (5) the premises is to be new construction;

 

 

09900HB3237ham001- 39 -LRB099 07830 RPS 33919 a

1        (6) the school is a private school;
2        (7) the principal of the school has given written
3    approval for the license;
4        (8) the alderman of the ward where the premises is
5    located has given written approval of the issuance of the
6    license;
7        (9) the grocery store level of the premises is between
8    60,000 and 70,000 square feet; and
9        (10) the owner and operator of the grocery store
10    operates 2 other grocery stores that have alcoholic liquor
11    licenses within the same municipality.
12    (ee) Notwithstanding any provision in this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor within a full-service grocery store at a premises that
16is located within a municipality with a population in excess of
171,000,000 inhabitants and is within 100 feet of a school if:
18        (1) the premises is constructed on land that once
19    contained an industrial steel facility;
20        (2) the premises is located on land that has undergone
21    environmental remediation;
22        (3) the premises is located within a retail complex
23    containing retail stores where some of the stores sell
24    alcoholic beverages;
25        (4) the principal activity of any restaurant in the
26    retail complex is the sale of food, and the sale of

 

 

09900HB3237ham001- 40 -LRB099 07830 RPS 33919 a

1    alcoholic liquor is incidental to the sale of food;
2        (5) the sale of alcoholic liquor is not the principal
3    business carried on by the grocery store;
4        (6) the entrance to any business that sells alcoholic
5    liquor is more than 100 feet from the entrance to the
6    school;
7        (7) the alderman of the ward where the premises is
8    located has given written approval of the issuance of the
9    license; and
10        (8) the principal of the school has given written
11    consent to the issuance of the license.
12    (ff) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor at a premises that is located within a municipality with
16a population in excess of 1,000,000 inhabitants and within 100
17feet of a school if:
18        (1) the sale of alcoholic liquor is not the principal
19    business carried on at the premises;
20        (2) the sale of alcoholic liquor at the premises is
21    incidental to the operation of a theater;
22        (3) the premises is a one and one-half-story building
23    of approximately 10,000 square feet;
24        (4) the school is a City of Chicago School District 299
25    school;
26        (5) the primary entrance of the premises and the

 

 

09900HB3237ham001- 41 -LRB099 07830 RPS 33919 a

1    primary entrance of the school are at least 300 feet apart
2    and no more than 400 feet apart;
3        (6) the alderman of the ward in which the premises is
4    located has expressed, in writing, his support for the
5    issuance of the license; and
6        (7) the principal of the school has expressed, in
7    writing, that there is no objection to the issuance of a
8    license under this subsection (ff).
9    (gg) Notwithstanding any provision of this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor incidental to the sale of food within a restaurant or
13banquet facility established in a premises that is located in a
14municipality with a population in excess of 1,000,000
15inhabitants and within 100 feet of a church if:
16        (1) the sale of alcoholic liquor is not the principal
17    business carried on by the licensee at the premises;
18        (2) the property on which the church is located and the
19    property on which the premises are located are both within
20    a district originally listed on the National Register of
21    Historic Places on February 14, 1979;
22        (3) the property on which the premises are located
23    contains one or more multi-story buildings that are at
24    least 95 years old and have no more than three stories;
25        (4) the building in which the church is located is at
26    least 120 years old;

 

 

09900HB3237ham001- 42 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 43 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 44 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 45 -LRB099 07830 RPS 33919 a

1    feet;
2        (6) the licensee has been operating at the premises
3    since 2012;
4        (7) the church was constructed in 1904;
5        (8) the alderman of the ward in which the premises is
6    located has expressed, in writing, his or her support for
7    the issuance of the license; and
8        (9) the principal religious leader of the church has
9    delivered a written statement that he or she does not
10    object to the issuance of a license under this subsection
11    (jj).
12    (kk) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor at a premises that is located within a municipality with
16a population in excess of 1,000,000 inhabitants and within 100
17feet of a school if:
18        (1) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (2) the licensee shall only sell packaged liquors on
21    the premises;
22        (3) the licensee is a national retail chain;
23        (4) as of February 27, 2013, the licensee had 1,778
24    stores operating nationwide, 89 operating in this State,
25    and 11 stores operating within the municipality;
26        (5) the licensee shall occupy approximately 169,048

 

 

09900HB3237ham001- 46 -LRB099 07830 RPS 33919 a

1    square feet of space within a building that is located
2    across the street from a tuition-based preschool; and
3        (6) the alderman of the ward in which the premises is
4    located has expressed, in writing, his or her support for
5    the issuance of the license.
6    (ll) Notwithstanding any provision of this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor at a premises that is located within a municipality with
10a population in excess of 1,000,000 inhabitants and within 100
11feet of a school if:
12        (1) the sale of alcoholic liquor is not the principal
13    business carried on by the licensee at the premises;
14        (2) the licensee shall only sell packaged liquors on
15    the premises;
16        (3) the licensee is a national retail chain;
17        (4) as of February 27, 2013, the licensee had 1,778
18    stores operating nationwide, 89 operating in this State,
19    and 11 stores operating within the municipality;
20        (5) the licensee shall occupy approximately 191,535
21    square feet of space within a building that is located
22    across the street from an elementary school; and
23        (6) the alderman of the ward in which the premises is
24    located has expressed, in writing, his or her support for
25    the issuance of the license.
26    (mm) Notwithstanding any provision of this Section to the

 

 

09900HB3237ham001- 47 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 48 -LRB099 07830 RPS 33919 a

1        (1) the sale of alcoholic liquor is not the principal
2    business carried out on the premises;
3        (2) the sale of alcoholic liquor at the premises is
4    incidental to the operation of a theater;
5        (3) the premises are a building that was constructed in
6    1913 and opened on May 24, 1915 as a vaudeville theater,
7    and the premises were converted to a motion picture theater
8    in 1935;
9        (4) the church was constructed in 1889 with a stone
10    exterior;
11        (5) the primary entrance of the premises and the
12    primary entrance of the church are at least 100 feet apart;
13    and
14        (6) the principal religious leader at the place of
15    worship has indicated his or her consent to the issuance of
16    the license in writing; and
17        (7) the alderman in whose ward the premises are located
18    has expressed his or her support for the issuance of the
19    license in writing.
20    (oo) Notwithstanding any provision of this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license authorizing the sale of alcoholic
23liquor at a premises that is located within a municipality with
24a population in excess of 1,000,000 inhabitants and within 100
25feet of a mosque, church, or other place of worship if:
26        (1) the primary entrance of the premises and the

 

 

09900HB3237ham001- 49 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 50 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 51 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 52 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 53 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 54 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 55 -LRB099 07830 RPS 33919 a

1    25 parking spaces in the contiguous surface lot to the
2    north of the store and 93 parking spaces on the roof;
3        (5) the shortest distance between the lot line of the
4    parking lot of the premises and the exterior wall of the
5    church is at least 80 feet;
6        (6) the distance between the building in which the
7    church is located and the building in which the premises
8    are located is at least 180 feet;
9        (7) the main entrance to the church faces west and is
10    at least 257 feet from the main entrance of the premises;
11    and
12        (8) the applicant is the owner of 10 similar grocery
13    stores within the City of Chicago and the surrounding area
14    and has been in business for more than 30 years.
15    (uu) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor at premises located within a municipality with a
19population in excess of 1,000,000 inhabitants and within 100
20feet of a church 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 sale of alcoholic liquor is incidental to the
24    operation of a grocery store;
25        (3) the premises are located in a building that is
26    approximately 68,000 square feet with 157 parking spaces on

 

 

09900HB3237ham001- 56 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 57 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 58 -LRB099 07830 RPS 33919 a

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

 

 

09900HB3237ham001- 59 -LRB099 07830 RPS 33919 a

1        (5) the premises are located on the first floor of a
2    2-story building that is at least 99 years old and has a
3    residential unit on the second floor; and
4        (6) the principal religious leader at the church has
5    indicated his or her support for the issuance or renewal of
6    the license in writing.
7    (yy) Notwithstanding any provision of this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license authorizing the sale of alcoholic
10liquor at premises located within a municipality with a
11population in excess of 1,000,000 inhabitants and within 100
12feet of a church if:
13        (1) the sale of alcoholic liquor at the premises is
14    incidental to the sale of food;
15        (2) the premises are located in a single-story building
16    of primarily brick construction containing at least 6
17    commercial units constructed before 1940;
18        (3) the premises are located in a B3-2 zoning district;
19        (4) the premises are less than 4,000 square feet;
20        (5) the church established its congregation in 1891 and
21    completed construction of the church building in 1990;
22        (6) the premises are located south of the church;
23        (7) the premises and church are located on the same
24    street and are separated by a one-way westbound street; and
25        (8) the principal religious leader of the church has
26    not indicated his or her opposition to the issuance or

 

 

09900HB3237ham001- 60 -LRB099 07830 RPS 33919 a

1    renewal of the license in writing.
2(Source: P.A. 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634,
3eff. 12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12;
497-806, eff. 7-13-12; 97-1166, eff. 3-1-13; 98-274, eff.
58-9-13; 98-463, eff. 8-16-13; 98-571, eff. 8-27-13; 98-592,
6eff. 11-15-13; 98-1092, eff. 8-26-14; 98-1158, eff. 1-9-15.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".