Full Text of SB1516 99th General Assembly
SB1516enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning liquor.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Section 6-4 as follows:
| 6 | | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| 7 | | Sec. 6-4. (a) No person licensed by any licensing authority | 8 | | as a
distiller, or a wine manufacturer, or any subsidiary or | 9 | | affiliate
thereof, or any officer, associate, member, partner, | 10 | | representative,
employee, agent or shareholder owning more | 11 | | than 5% of the outstanding
shares of such person shall be | 12 | | issued an importing distributor's or
distributor's license, | 13 | | nor shall any person licensed by any licensing
authority as an | 14 | | importing distributor, distributor or retailer, or any
| 15 | | subsidiary or affiliate thereof, or any officer or associate, | 16 | | member,
partner, representative, employee, agent or | 17 | | shareholder owning more than
5% of the outstanding shares of | 18 | | such person be issued a distiller's
license or a wine | 19 | | manufacturer's license; and no person or persons
licensed as a | 20 | | distiller by any licensing authority shall have any
interest, | 21 | | directly or indirectly, with such distributor or importing
| 22 | | distributor.
| 23 | | However, an importing distributor or distributor, which on |
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| 1 | | January
1, 1985 is owned by a brewer, 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 the importing
distributor | 5 | | or distributor referred to in this paragraph, may own or
| 6 | | acquire an ownership interest of more than 5% of the | 7 | | outstanding shares of
a wine manufacturer and be issued a wine
| 8 | | manufacturer's license by any licensing authority.
| 9 | | (b) The foregoing provisions shall not apply to any person | 10 | | licensed
by any licensing authority as a distiller or wine | 11 | | manufacturer, or to
any subsidiary or affiliate of any | 12 | | distiller or wine manufacturer who
shall have been heretofore | 13 | | licensed by the State Commission as either an
importing | 14 | | distributor or distributor during the annual licensing period
| 15 | | expiring June 30, 1947, and shall actually have made sales | 16 | | regularly to
retailers.
| 17 | | (c) Provided, however, that in such instances where a | 18 | | distributor's
or importing distributor's license has been | 19 | | issued to any distiller or
wine manufacturer or to any | 20 | | subsidiary or affiliate of any distiller or
wine manufacturer | 21 | | who has, during the licensing period ending June 30,
1947, sold | 22 | | or distributed as such licensed distributor or importing
| 23 | | distributor alcoholic liquors and wines to retailers, such | 24 | | distiller or
wine manufacturer or any subsidiary or affiliate | 25 | | of any distiller or
wine manufacturer holding such | 26 | | distributor's or importing distributor's
license may continue |
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| 1 | | to sell or distribute to retailers such alcoholic
liquors and | 2 | | wines which are manufactured, distilled, processed or
marketed | 3 | | by distillers and wine manufacturers whose products it sold or
| 4 | | distributed to retailers during the whole or any part of its | 5 | | licensing
periods; and such additional brands and additional | 6 | | products may be added
to the line of such distributor or | 7 | | importing distributor, provided, that
such brands and such | 8 | | products were not sold or distributed by any
distributor or | 9 | | importing distributor licensed by the State Commission
during | 10 | | the licensing period ending June 30, 1947, but can not sell or
| 11 | | distribute to retailers any other alcoholic liquors or wines.
| 12 | | (d) It shall be unlawful for any distiller licensed | 13 | | anywhere to have
any stock ownership or interest in any | 14 | | distributor's or importing
distributor's license wherein any | 15 | | other person has an interest therein
who is not a distiller and | 16 | | does not own more than 5% of any stock in any
distillery. | 17 | | Nothing herein contained shall apply to such distillers or
| 18 | | their subsidiaries or affiliates, who had a distributor's or | 19 | | importing
distributor's license during the licensing period | 20 | | ending June 30, 1947,
which license was owned in whole by such | 21 | | distiller, or subsidiaries or
affiliates of such distiller.
| 22 | | (e) Any person having been licensed as a manufacturer shall | 23 | | be
permitted to receive one retailer's license for the premises | 24 | | in which he
or she actually conducts such business, permitting | 25 | | only the retail sale of beer manufactured at such premises and | 26 | | only on
such premises, but no such person shall be entitled to |
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| 1 | | more than one
retailer's license in any event, and, other than | 2 | | a manufacturer of beer
as stated above, no manufacturer or | 3 | | distributor or importing
distributor, excluding airplane | 4 | | licensees exercising powers provided in
paragraph (i) of | 5 | | Section 5-1 of this Act, or any subsidiary or affiliate
| 6 | | thereof, or any officer,
associate, member, partner, | 7 | | representative, employee or agent, or
shareholder shall be | 8 | | issued a retailer's license, nor shall any person
having a | 9 | | retailer's license, excluding airplane licensees exercising | 10 | | powers
provided in paragraph (i) of Section 5-1 of this
Act, or | 11 | | any subsidiary or affiliate thereof, or
any officer, associate, | 12 | | member, partner, representative or agent, or
shareholder be | 13 | | issued a manufacturer's license or importing distributor's
| 14 | | license.
| 15 | | A person licensed as a craft distiller not affiliated with | 16 | | any other person manufacturing spirits may be authorized by the | 17 | | Commission to sell up to 2,500 gallons of spirits produced by | 18 | | the person to non-licensees for on or off-premises consumption | 19 | | for the premises in which he or she actually conducts business | 20 | | permitting only the retail sale of spirits manufactured at such | 21 | | premises. Such sales shall be limited to on-premises, in-person | 22 | | sales only, for lawful consumption on or off premises, and such | 23 | | authorization shall be considered a privilege granted by the | 24 | | craft distiller license. A craft distiller licensed for retail | 25 | | sale shall secure liquor liability insurance coverage in an | 26 | | amount at least equal to the maximum liability amounts set |
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| 1 | | forth in subsection (a) of Section 6-21 of this Act. | 2 | | (f) (Blank). However, the foregoing prohibitions against | 3 | | any person licensed as
a distiller or wine manufacturer being | 4 | | issued a retailer's license shall not apply:
| 5 | | (i) to any hotel, motel or restaurant whose principal | 6 | | business is not
the sale of alcoholic liquors if said | 7 | | retailer's sales of any alcoholic
liquors manufactured, | 8 | | sold, distributed or controlled, directly or
indirectly, | 9 | | by any affiliate, subsidiary, officer, associate, member,
| 10 | | partner, representative, employee, agent or shareholder | 11 | | owning more than 5%
of the outstanding shares of such | 12 | | person does not exceed
10% of the total alcoholic liquor | 13 | | sales of said retail licensee; and
| 14 | | (ii) where the Commission determines, having | 15 | | considered the public
welfare, the economic impact upon the | 16 | | State and the entirety of the facts
and circumstances | 17 | | involved, that the purpose and intent of this Section
would | 18 | | not be violated by granting an exemption.
| 19 | | (g) Notwithstanding any of the foregoing prohibitions, a | 20 | | limited wine
manufacturer may sell at retail at its | 21 | | manufacturing site for on or off
premises consumption and may | 22 | | sell to distributors. A limited wine manufacturer licensee
| 23 | | shall secure liquor liability insurance coverage in an amount
| 24 | | at least equal to the maximum liability amounts set forth in
| 25 | | subsection (a) of Section 6-21 of this Act.
| 26 | | (h) The changes made to this Section by this amendatory Act |
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| 1 | | of the 99th General Assembly shall not diminish or impair the | 2 | | rights of any person, whether a distiller, wine manufacturer, | 3 | | agent, or affiliate thereof, who requested in writing and | 4 | | submitted documentation to the State Commission on or before | 5 | | February 18, 2015 to be approved for a retail license pursuant | 6 | | to what has heretofore been subsection (f); provided that, on | 7 | | or before that date, the State Commission considered the intent | 8 | | of that person to apply for the retail license under that | 9 | | subsection and, by recorded vote, the State Commission approved | 10 | | a resolution indicating that such a license application could | 11 | | be lawfully approved upon that person duly filing a formal | 12 | | application for a retail license and if that person, within 90 | 13 | | days of the State Commission appearance and recorded vote, | 14 | | first filed an application with the appropriate local | 15 | | commission, which application was subsequently approved by the | 16 | | appropriate local commission prior to consideration by the | 17 | | State Commission of that person's application for a retail | 18 | | license. It is further provided that the State Commission may | 19 | | approve the person's application for a retail license or | 20 | | renewals of such license if such person continues to diligently | 21 | | adhere to all representations made in writing to the State | 22 | | Commission on or before February 18, 2015, or thereafter, or in | 23 | | the affidavit filed by that person with the State Commission to | 24 | | support the issuance of a retail license and to abide by all | 25 | | applicable laws and duly adopted rules. | 26 | | (Source: P.A. 96-1367, eff. 7-28-10; 97-606, eff. 8-26-11; |
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| 1 | | 97-1166, eff. 3-1-13.)
| 2 | | Section 10. If and only if Senate Bill 398 of the 99th
| 3 | | General Assembly becomes law and the changes to Section 6-11 of | 4 | | the Liquor Control Act of 1934 in that bill become law in the | 5 | | form in which they appear in House Amendment No. 2 to that
| 6 | | bill, then the
Liquor Control Act of 1934 is amended by | 7 | | changing Section 6-11 as follows:
| 8 | | (235 ILCS 5/6-11)
| 9 | | Sec. 6-11. Sale near churches, schools, and hospitals.
| 10 | | (a) No license shall be issued for the sale at retail of | 11 | | any
alcoholic liquor within 100 feet of any church, school | 12 | | other than an
institution of higher learning, hospital, home | 13 | | for aged or indigent
persons or for veterans, their spouses or | 14 | | children or any military or
naval station, provided, that this | 15 | | prohibition shall not apply to hotels
offering restaurant | 16 | | service, regularly organized clubs, or to
restaurants, food | 17 | | shops or other places where sale of alcoholic liquors
is not | 18 | | the principal business carried on if the place of business so
| 19 | | exempted is not located in a municipality of more than 500,000 | 20 | | persons,
unless required by local ordinance; nor to the renewal | 21 | | of a license for the
sale at retail of alcoholic liquor on | 22 | | premises within 100 feet of any church
or school where the | 23 | | church or school has been established within such
100 feet | 24 | | since the issuance of the original license. In the case of a
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| 1 | | church, the distance of 100 feet shall be measured to the | 2 | | nearest part
of any building used for worship services or | 3 | | educational programs and
not to property boundaries.
| 4 | | (a-5) Notwithstanding any provision of this Section to the | 5 | | contrary, a local liquor control commissioner may grant an | 6 | | exemption to the prohibition in subsection (a) of this Section | 7 | | if a local rule or ordinance authorizes the local liquor | 8 | | control commissioner to grant that exemption. | 9 | | (b) Nothing in this Section shall prohibit the issuance of | 10 | | a retail
license
authorizing the sale of alcoholic liquor to a | 11 | | restaurant, the primary business
of which is the sale of goods | 12 | | baked on the premises if (i) the restaurant is
newly | 13 | | constructed and located on a lot of not less than 10,000 square | 14 | | feet,
(ii) the restaurant costs at least $1,000,000 to | 15 | | construct, (iii) the licensee
is the titleholder to the | 16 | | premises and resides on the premises, and (iv) the
construction | 17 | | of the restaurant is completed within 18 months of the | 18 | | effective
date of this amendatory Act of 1998.
| 19 | | (c) Nothing in this Section shall prohibit the issuance of | 20 | | a retail
license
authorizing the sale of alcoholic liquor | 21 | | incidental to a restaurant if (1) the
primary
business of the | 22 | | restaurant consists of the sale of food where the sale of
| 23 | | liquor is incidental to the sale of food and the applicant is a | 24 | | completely new
owner of the restaurant, (2) the immediately
| 25 | | prior owner or operator of the premises where the restaurant is | 26 | | located
operated the premises as a restaurant and held a valid |
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| 1 | | retail license
authorizing the
sale of alcoholic liquor at the | 2 | | restaurant for at least part of the 24 months
before the
change | 3 | | of ownership, and (3) the restaurant is located 75 or more feet | 4 | | from a
school.
| 5 | | (d) In the interest of further developing Illinois' economy | 6 | | in the area
of
commerce, tourism, convention, and banquet | 7 | | business, nothing in this
Section shall
prohibit issuance of a | 8 | | retail license authorizing the sale of alcoholic
beverages to a | 9 | | restaurant, banquet facility, grocery store, or hotel having
| 10 | | not fewer than
150 guest room accommodations located in a | 11 | | municipality of more than 500,000
persons, notwithstanding the | 12 | | proximity of such hotel, restaurant,
banquet facility, or | 13 | | grocery store to any church or school, if the licensed
premises
| 14 | | described on the license are located within an enclosed mall or | 15 | | building of a
height of at least 6 stories, or 60 feet in the | 16 | | case of a building that has
been registered as a national | 17 | | landmark, or in a grocery store having a
minimum of 56,010 | 18 | | square feet of floor space in a single story building in an
| 19 | | open mall of at least 3.96 acres that is adjacent to a public | 20 | | school that
opened as a boys technical high school in 1934, or | 21 | | in a grocery store having a minimum of 31,000 square feet of | 22 | | floor space in a single story building located a distance of | 23 | | more than 90 feet but less than 100 feet from a high school | 24 | | that opened in 1928 as a junior high school and became a senior | 25 | | high school in 1933, and in each of these
cases if the sale of
| 26 | | alcoholic liquors is not the principal business carried on by |
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| 1 | | the licensee.
| 2 | | For purposes of this Section, a "banquet facility" is any | 3 | | part of a
building that caters to private parties and where the | 4 | | sale of alcoholic liquors
is not the principal business.
| 5 | | (e) Nothing in this Section shall prohibit the issuance of | 6 | | a license to
a
church or private school to sell at retail | 7 | | alcoholic liquor if any such
sales are limited to periods when | 8 | | groups are assembled on the premises
solely for the promotion | 9 | | of some common object other than the sale or
consumption of | 10 | | alcoholic liquors.
| 11 | | (f) Nothing in this Section shall prohibit a church or | 12 | | church affiliated
school
located in a home rule municipality or | 13 | | in a municipality with 75,000 or more
inhabitants from locating
| 14 | | within 100 feet of a property for which there is a preexisting | 15 | | license to sell
alcoholic liquor at retail. In these instances, | 16 | | the local zoning authority
may, by ordinance adopted | 17 | | simultaneously with the granting of an initial
special use | 18 | | zoning permit for the church or church affiliated school, | 19 | | provide
that the 100-foot restriction in this Section shall not | 20 | | apply to that church or
church affiliated school and future | 21 | | retail liquor licenses.
| 22 | | (g) Nothing in this Section shall prohibit the issuance of | 23 | | a retail
license authorizing the sale of alcoholic liquor at | 24 | | premises within 100 feet,
but not less than 90 feet, of a | 25 | | public school if (1) the premises have been
continuously | 26 | | licensed to sell alcoholic liquor
for a period of at least 50 |
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| 1 | | years,
(2) the premises are located in a municipality having a | 2 | | population of over
500,000 inhabitants, (3) the licensee is an | 3 | | individual who is a member of a
family that has held the | 4 | | previous 3 licenses for that location for more than 25
years, | 5 | | (4) the
principal of the school and the alderman of the ward in | 6 | | which the school is
located have delivered a written statement | 7 | | to the local liquor control
commissioner stating that they do | 8 | | not object to the issuance of a license
under this subsection | 9 | | (g), and (5) the local liquor control commissioner has
received | 10 | | the written consent of a majority of the registered voters who | 11 | | live
within 200 feet of the premises.
| 12 | | (h) 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 within premises and at an outdoor patio area attached to | 16 | | premises that are located in a municipality with a population | 17 | | in excess of 300,000 inhabitants and that are within 100 feet | 18 | | 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 liquor is not the principal business | 22 | | carried on by the licensee at the premises, | 23 | | (3) the premises are less than 1,000 square feet, | 24 | | (4) the premises are owned by the University of | 25 | | Illinois, | 26 | | (5) the premises are immediately adjacent to property |
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| 1 | | owned by a church and are not less than 20 nor more than 40 | 2 | | feet from the church space used for worship services, and | 3 | | (6) the principal religious leader at the place of | 4 | | worship has indicated his or her support for the issuance | 5 | | of the license in writing.
| 6 | | (i) Notwithstanding any provision in this Section to the | 7 | | contrary, nothing in this Section shall prohibit the issuance | 8 | | or renewal of a license to sell alcoholic liquor at a premises | 9 | | that is located within a municipality with a population in | 10 | | excess of 300,000 inhabitants and is within 100 feet of a | 11 | | church, synagogue, or other place of worship if: | 12 | | (1) the primary entrance of the premises and the | 13 | | primary entrance of the church, synagogue, or other place | 14 | | of worship are at least 100 feet apart, on parallel | 15 | | streets, and separated by an alley; and | 16 | | (2) the principal religious leader at the place of | 17 | | worship has not indicated his or her opposition to the | 18 | | issuance or renewal of the license in writing. | 19 | | (j) Notwithstanding any provision in this Section to the | 20 | | contrary, nothing in this Section shall prohibit the issuance | 21 | | of a retail
license authorizing the sale of alcoholic liquor at | 22 | | a theater that is within 100 feet of a church if (1) the church | 23 | | owns the theater, (2) the church leases the theater to one or | 24 | | more entities, and
(3) the theater is used by at least 5 | 25 | | different not-for-profit theater groups. | 26 | | (k) 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 school if:
| 6 | | (1) the primary entrance of the premises and the | 7 | | primary entrance of the school are parallel, on different | 8 | | streets, and separated by an alley; | 9 | | (2) the southeast corner of the premises are at least | 10 | | 350 feet from the southwest corner of the school; | 11 | | (3) the school was built in 1978; | 12 | | (4) the sale of alcoholic liquor at the premises is | 13 | | incidental to the sale of food; | 14 | | (5) the sale of alcoholic liquor is not the principal | 15 | | business carried on by the licensee at the premises; | 16 | | (6) the applicant is the owner of the restaurant and | 17 | | has held a valid license authorizing the sale of alcoholic | 18 | | liquor for the business to be conducted on the premises at | 19 | | a different location for more than 7 years; and | 20 | | (7) the premises is at least 2,300 square feet and sits | 21 | | on a lot that is between 6,100 and 6,150 square feet. | 22 | | (l) Notwithstanding any provision in this Section to the | 23 | | contrary, nothing in this Section shall prohibit the issuance | 24 | | or renewal of a license authorizing the sale of alcoholic | 25 | | liquor at a premises that is located within a municipality with | 26 | | a population in excess of 1,000,000 inhabitants and is within |
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| 1 | | 100 feet of a church or school if: | 2 | | (1) the primary entrance of the premises and the | 3 | | closest entrance of the church or school is at least 90 | 4 | | feet apart and no greater than 95 feet apart; | 5 | | (2) the shortest distance between the premises and the | 6 | | church or school is at least 80 feet apart and no greater | 7 | | than 85 feet apart; | 8 | | (3) the applicant is the owner of the restaurant and on | 9 | | November 15, 2006 held a valid license authorizing the sale | 10 | | of alcoholic liquor for the business to be conducted on the | 11 | | premises for at least 14 different locations; | 12 | | (4) the sale of alcoholic liquor at the premises is | 13 | | incidental to the sale of food; | 14 | | (5) the sale of alcoholic liquor is not the principal | 15 | | business carried on by the licensee at the premises; | 16 | | (6) the premises is at least 3,200 square feet and sits | 17 | | on a lot that is between 7,150 and 7,200 square feet; and | 18 | | (7) the principal religious leader at the place of | 19 | | worship has not indicated his or her opposition to the | 20 | | issuance or renewal of the license in writing.
| 21 | | (m) Notwithstanding any provision in this Section to the | 22 | | contrary, nothing in this Section shall prohibit the issuance | 23 | | or renewal of a license authorizing the sale of alcoholic | 24 | | liquor at a premises that is located within a municipality with | 25 | | a population in excess of 1,000,000 inhabitants and is within | 26 | | 100 feet of a church if: |
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| 1 | | (1) the premises and the church are perpendicular, and | 2 | | the primary entrance of the premises faces South while the | 3 | | primary entrance of the church faces West and the distance | 4 | | between the two entrances is more than 100 feet; | 5 | | (2) the shortest distance between the premises lot line | 6 | | and the exterior wall of the church is at least 80 feet; | 7 | | (3) the church was established at the current location | 8 | | in 1916 and the present structure was erected in 1925; | 9 | | (4) the premises is a single story, single use building | 10 | | with at least 1,750 square feet and no more than 2,000 | 11 | | square feet; | 12 | | (5) the sale of alcoholic liquor at the premises is | 13 | | incidental to the sale of food; | 14 | | (6) the sale of alcoholic liquor is not the principal | 15 | | business carried on by the licensee at the premises; and | 16 | | (7) the principal religious leader at the place of | 17 | | worship has not indicated his or her opposition to the | 18 | | issuance or renewal of the license in writing. | 19 | | (n) Notwithstanding any provision in this Section to the | 20 | | contrary, nothing in this Section shall prohibit the issuance | 21 | | or renewal of a license authorizing the sale of alcoholic | 22 | | liquor at a premises that is located within a municipality with | 23 | | a population in excess of 1,000,000 inhabitants and is within | 24 | | 100 feet of a school if: | 25 | | (1) the school is a City of Chicago School District 299 | 26 | | school; |
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| 1 | | (2) the school is located within subarea E of City of | 2 | | Chicago Residential Business Planned Development Number | 3 | | 70; | 4 | | (3) the sale of alcoholic liquor is not the principal | 5 | | business carried on by the licensee on the premises; | 6 | | (4) the sale of alcoholic liquor at the premises is | 7 | | incidental to the sale of food; and | 8 | | (5) the administration of City of Chicago School | 9 | | District 299 has expressed, in writing, its support for the | 10 | | issuance of the license. | 11 | | (o) Notwithstanding any provision of this Section to the | 12 | | contrary, nothing in this Section shall prohibit the issuance | 13 | | or renewal of a retail license authorizing the sale of | 14 | | alcoholic liquor at a premises that is located within a | 15 | | municipality in excess of 1,000,000 inhabitants and within 100 | 16 | | feet of a church if: | 17 | | (1) the sale of alcoholic liquor at the premises is | 18 | | incidental to the sale of food; | 19 | | (2) the sale of alcoholic liquor is not the principal | 20 | | business carried on by the licensee at the premises; | 21 | | (3) the premises is located on a street that runs | 22 | | perpendicular to the street on which the church is located; | 23 | | (4) the primary entrance of the premises is at least | 24 | | 100 feet from the primary entrance of the church; | 25 | | (5) the shortest distance between any part of the | 26 | | premises and any part of the church is at least 60 feet; |
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| 1 | | (6) the premises is between 3,600 and 4,000 square feet | 2 | | and sits on a lot that is between 3,600 and 4,000 square | 3 | | feet; and | 4 | | (7) the premises was built in the year 1909. | 5 | | For purposes of this subsection (o), "premises" means a | 6 | | place of business together with a privately owned outdoor | 7 | | location that is adjacent to the place of business. | 8 | | (p) Notwithstanding any provision in this Section to the | 9 | | contrary, nothing in this Section shall prohibit the issuance | 10 | | or renewal of a license authorizing the sale of alcoholic | 11 | | liquor at a premises that is located within a municipality with | 12 | | a population in excess of 1,000,000 inhabitants and within 100 | 13 | | feet of a church if: | 14 | | (1) the shortest distance between the backdoor of the | 15 | | premises, which is used as an emergency exit, and the | 16 | | church is at least 80 feet; | 17 | | (2) the church was established at the current location | 18 | | in 1889; and | 19 | | (3) liquor has been sold on the premises since at least | 20 | | 1985. | 21 | | (q) Notwithstanding any provision of this Section to the | 22 | | contrary, nothing in this Section shall prohibit the issuance | 23 | | or renewal of a license authorizing the sale of alcoholic | 24 | | liquor within a premises that is located in a municipality with | 25 | | a population in excess of 1,000,000 inhabitants and within 100 | 26 | | feet of a church-owned property if: |
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| 1 | | (1) the premises is located within a larger building | 2 | | operated as a grocery store; | 3 | | (2) the area of the premises does not exceed 720 square | 4 | | feet and the area of the larger building exceeds 18,000 | 5 | | square feet; | 6 | | (3) the larger building containing the premises is | 7 | | within 100 feet of the nearest property line of a | 8 | | church-owned property on which a church-affiliated school | 9 | | is located; | 10 | | (4) the sale of liquor is not the principal business | 11 | | carried on within the larger building; | 12 | | (5) the primary entrance of the larger building and the | 13 | | premises and the primary entrance of the church-affiliated | 14 | | school are on different, parallel streets, and the distance | 15 | | between the 2 primary entrances is more than 100 feet; | 16 | | (6) the larger building is separated from the | 17 | | church-owned property and church-affiliated school by an | 18 | | alley; | 19 | | (7) the larger building containing the premises and the | 20 | | church building front are on perpendicular streets and are | 21 | | separated by a street; and | 22 | | (8) (Blank). | 23 | | (r) Notwithstanding any provision of this Section to the | 24 | | contrary, nothing in this Section shall prohibit the issuance, | 25 | | renewal, or maintenance of a license authorizing the sale of | 26 | | alcoholic liquor incidental to the sale of food within a |
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| 1 | | restaurant established in a premises that is located in a | 2 | | municipality with a population in excess of 1,000,000 | 3 | | inhabitants and within 100 feet of a church if: | 4 | | (1) the primary entrance of the church and the primary | 5 | | entrance of the restaurant are at least 100 feet apart; | 6 | | (2) the restaurant has operated on the ground floor and | 7 | | lower level of a multi-story, multi-use building for more | 8 | | than 40 years; | 9 | | (3) the primary business of the restaurant consists of | 10 | | the sale of food where the sale of liquor is incidental to | 11 | | the sale of food; | 12 | | (4) the sale of alcoholic liquor is conducted primarily | 13 | | in the below-grade level of the restaurant to which the | 14 | | only public access is by a staircase located inside the | 15 | | restaurant; and | 16 | | (5) the restaurant has held a license authorizing the | 17 | | sale of alcoholic liquor on the premises for more than 40 | 18 | | years. | 19 | | (s) Notwithstanding any provision of this Section to the | 20 | | contrary, nothing in this Section shall prohibit renewal of a | 21 | | license authorizing the sale of alcoholic liquor at a premises | 22 | | that is located within a municipality with a population more | 23 | | than 5,000 and less than 10,000 and is within 100 feet of a | 24 | | church if: | 25 | | (1) the church was established at the location within | 26 | | 100 feet of the premises after a license for the sale of |
| | | SB1516 Enrolled | - 20 - | LRB099 07834 RPS 27969 b |
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| 1 | | alcoholic liquor at the premises was first issued; | 2 | | (2) a license for sale of alcoholic liquor at the | 3 | | premises was first issued before January 1, 2007; and | 4 | | (3) a license for the sale of alcoholic liquor on the | 5 | | premises has been continuously in effect since January 1, | 6 | | 2007, except for interruptions between licenses of no more | 7 | | than 90 days. | 8 | | (t) Notwithstanding any provision of this Section to the | 9 | | contrary, nothing in this Section shall prohibit the issuance | 10 | | or renewal of a
license authorizing the sale of alcoholic | 11 | | liquor
incidental to the sale of food within a restaurant that | 12 | | is established in a premises that is located in a municipality | 13 | | with a population in excess of 1,000,000 inhabitants and within | 14 | | 100 feet of a school and a church if: | 15 | | (1) the restaurant is located inside a five-story | 16 | | building with over 16,800 square feet of commercial space; | 17 | | (2) the area of the premises does not exceed 31,050 | 18 | | square feet; | 19 | | (3) the area of the restaurant does not exceed 5,800 | 20 | | square feet; | 21 | | (4) the building has no less than 78 condominium units; | 22 | | (5) the construction of the building in which the | 23 | | restaurant is located was completed in 2006; | 24 | | (6) the building has 10 storefront properties, 3 of | 25 | | which are used for the restaurant; | 26 | | (7) the restaurant will open for business in 2010; |
| | | SB1516 Enrolled | - 21 - | LRB099 07834 RPS 27969 b |
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| 1 | | (8) the building is north of the school and separated | 2 | | by an alley; and | 3 | | (9) the principal religious leader of the church and | 4 | | either the alderman of the ward in which the school is | 5 | | located or the principal of the school have delivered a | 6 | | written statement to the local liquor control commissioner | 7 | | stating that he or she does not object to the issuance of a | 8 | | license under this subsection (t). | 9 | | (u) Notwithstanding any provision in this Section to the | 10 | | contrary, nothing in this Section shall prohibit the issuance | 11 | | or renewal of a license to sell alcoholic liquor at a premises | 12 | | that is located within a municipality with a population in | 13 | | excess of 1,000,000 inhabitants and within 100 feet of a school | 14 | | if: | 15 | | (1) the premises operates as a restaurant and has been | 16 | | in operation since February 2008; | 17 | | (2) the applicant is the owner of the premises; | 18 | | (3) the sale of alcoholic liquor is incidental to the | 19 | | sale of food; | 20 | | (4) the sale of alcoholic liquor is not the principal | 21 | | business carried on by the licensee on the premises; | 22 | | (5) the premises occupy the first floor of a 3-story | 23 | | building that is at least 90 years old; | 24 | | (6) the rear lot of the school and the rear corner of | 25 | | the building that the premises occupy are separated by an | 26 | | alley; |
| | | SB1516 Enrolled | - 22 - | LRB099 07834 RPS 27969 b |
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| 1 | | (7) the distance from the southwest corner of the | 2 | | property line of the school and the northeast corner of the | 3 | | building that the premises occupy is at least 16 feet, 5 | 4 | | inches; | 5 | | (8) the distance from the rear door of the premises to | 6 | | the southwest corner of the property line of the school is | 7 | | at least 93 feet; | 8 | | (9) the school is a City of Chicago School District 299 | 9 | | school; | 10 | | (10) the school's main structure was erected in 1902 | 11 | | and an addition was built to the main structure in 1959; | 12 | | and | 13 | | (11) the principal of the school and the alderman in | 14 | | whose district the premises are located have expressed, in | 15 | | writing, their support for the issuance of the license. | 16 | | (v) Notwithstanding any provision in this Section to the | 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 is within | 21 | | 100 feet of a school if: | 22 | | (1) the total land area of the premises for which the | 23 | | license or renewal is sought is more than 600,000 square | 24 | | feet; | 25 | | (2) the premises for which the license or renewal is | 26 | | sought has more than 600 parking stalls; |
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| 1 | | (3) the total area of all buildings on the premises for | 2 | | which the license or renewal is sought exceeds 140,000 | 3 | | square feet; | 4 | | (4) the property line of the premises for which the | 5 | | license or renewal is sought is separated from the property | 6 | | line of the school by a street; | 7 | | (5) the distance from the school's property line to the | 8 | | property line of the premises for which the license or | 9 | | renewal is sought is at least 60 feet; | 10 | | (6) as of the effective date of this amendatory Act of | 11 | | the 97th General Assembly, the premises for which the | 12 | | license or renewal is sought is located in the Illinois | 13 | | Medical District. | 14 | | (w) Notwithstanding any provision in this Section to the | 15 | | contrary, nothing in this Section shall prohibit the issuance | 16 | | or renewal of a license to sell alcoholic liquor at a premises | 17 | | that is located within a municipality with a population in | 18 | | excess of 1,000,000 inhabitants and within 100 feet of a church | 19 | | if: | 20 | | (1) the sale of alcoholic liquor at the premises is | 21 | | incidental to the sale of food; | 22 | | (2) the sale of alcoholic liquor is not the principal
| 23 | | business carried on by the licensee at the premises; | 24 | | (3) the premises occupy the first floor and basement of | 25 | | a 2-story building that is 106 years old; | 26 | | (4) the premises is at least 7,000 square feet and |
| | | SB1516 Enrolled | - 24 - | LRB099 07834 RPS 27969 b |
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| 1 | | located on a lot that is at least 11,000 square feet; | 2 | | (5) the premises is located directly west of the | 3 | | church, on perpendicular streets, and separated by an | 4 | | alley; | 5 | | (6) the distance between the
property line of the | 6 | | premises and the property line of the church is at least 20 | 7 | | feet; | 8 | | (7) the distance between the primary entrance of the | 9 | | premises and the primary entrance of the church is at least | 10 | | 130 feet; and | 11 | | (8) the church has been at its location for at least 40 | 12 | | years. | 13 | | (x) Notwithstanding any provision of this Section to the | 14 | | contrary, nothing in this Section shall prohibit the issuance | 15 | | or renewal of a license authorizing the sale of alcoholic | 16 | | liquor at a premises that is located within a municipality with | 17 | | a population in excess of 1,000,000 inhabitants and within 100 | 18 | | 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 church has been operating in its current | 22 | | location since 1973; | 23 | | (3) the premises has been operating in its current | 24 | | location since 1988; | 25 | | (4) the church and the premises are owned by the same | 26 | | parish; |
| | | SB1516 Enrolled | - 25 - | LRB099 07834 RPS 27969 b |
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| 1 | | (5) the premises is used for cultural and educational | 2 | | purposes; | 3 | | (6) the primary entrance to the premises and the | 4 | | primary entrance to the church are located on the same | 5 | | street; | 6 | | (7) the principal religious leader of the church has | 7 | | indicated his support of the issuance of the license; | 8 | | (8) the premises is a 2-story building of approximately | 9 | | 23,000 square feet; and | 10 | | (9) the premises houses a ballroom on its ground floor | 11 | | of approximately 5,000 square feet. | 12 | | (y) Notwithstanding any provision of this Section to the | 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 school if: | 18 | | (1) the sale of alcoholic liquor is not the principal | 19 | | business carried on by the licensee at the premises; | 20 | | (2) the sale of alcoholic liquor at the premises is | 21 | | incidental to the sale of food; | 22 | | (3) according to the municipality, the distance | 23 | | between the east property line of the premises and the west | 24 | | property line of the school is 97.8 feet; | 25 | | (4) the school is a City of Chicago School District 299 | 26 | | school; |
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| 1 | | (5) the school has been operating since 1959; | 2 | | (6) the primary entrance to the premises and the | 3 | | primary entrance to the school are located on the same | 4 | | street; | 5 | | (7) the street on which the entrances of the premises | 6 | | and the school are located is a major diagonal | 7 | | thoroughfare; | 8 | | (8) the premises is a single-story building of | 9 | | approximately 2,900 square feet; and | 10 | | (9) the premises is used for commercial purposes only. | 11 | | (z) Notwithstanding any provision of this Section to the | 12 | | contrary, nothing in this Section shall prohibit the issuance | 13 | | or renewal of a license authorizing the sale of alcoholic | 14 | | liquor at a premises that is located within a municipality with | 15 | | a population in excess of 1,000,000 inhabitants and within 100 | 16 | | feet of a mosque if: | 17 | | (1) the sale of alcoholic liquor is not the principal | 18 | | business carried on by the licensee at the premises; | 19 | | (2) the licensee shall only sell packaged liquors at | 20 | | the premises; | 21 | | (3) the licensee is a national retail chain having over | 22 | | 100 locations within the municipality; | 23 | | (4) the licensee has over 8,000 locations nationwide; | 24 | | (5) the licensee has locations in all 50 states; | 25 | | (6) the premises is located in the North-East quadrant | 26 | | of the municipality; |
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| 1 | | (7) the premises is a free-standing building that has | 2 | | "drive-through" pharmacy service; | 3 | | (8) the premises has approximately 14,490 square feet | 4 | | of retail space; | 5 | | (9) the premises has approximately 799 square feet of | 6 | | pharmacy space; | 7 | | (10) the premises is located on a major arterial street | 8 | | that runs east-west and accepts truck traffic; and | 9 | | (11) the alderman of the ward in which the premises is | 10 | | located has expressed, in writing, his or her support for | 11 | | the issuance of the license. | 12 | | (aa) Notwithstanding any provision of this Section to the | 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 sale of alcoholic liquor is not the principal | 19 | | business carried on by the licensee at the premises; | 20 | | (2) the licensee shall only sell packaged liquors at | 21 | | the premises; | 22 | | (3) the licensee is a national retail chain having over | 23 | | 100 locations within the municipality; | 24 | | (4) the licensee has over 8,000 locations nationwide; | 25 | | (5) the licensee has locations in all 50 states; | 26 | | (6) the premises is located in the North-East quadrant |
| | | SB1516 Enrolled | - 28 - | LRB099 07834 RPS 27969 b |
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| 1 | | of the municipality; | 2 | | (7) the premises is located across the street from a | 3 | | national grocery chain outlet; | 4 | | (8) the premises has approximately 16,148 square feet | 5 | | of retail space; | 6 | | (9) the premises has approximately 992 square feet of | 7 | | pharmacy space; | 8 | | (10) the premises is located on a major arterial street | 9 | | that runs north-south and accepts truck traffic; and | 10 | | (11) the alderman of the ward in which the premises is | 11 | | located has expressed, in writing, his or her support for | 12 | | the issuance of the license. | 13 | | (bb) Notwithstanding any provision of this Section to the | 14 | | contrary, nothing in this Section shall prohibit the issuance | 15 | | or renewal of a license authorizing the sale of alcoholic | 16 | | liquor at a premises that is located within a municipality with | 17 | | a population in excess of 1,000,000 inhabitants and within 100 | 18 | | 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 sale of alcoholic liquor at the premises is | 22 | | incidental to the sale of food; | 23 | | (3) the primary entrance to the premises and the | 24 | | primary entrance to the church are located on the same | 25 | | street; | 26 | | (4) the premises is across the street from the church; |
| | | SB1516 Enrolled | - 29 - | LRB099 07834 RPS 27969 b |
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| 1 | | (5) the street on which the premises and the church are | 2 | | located is a major arterial street that runs east-west; | 3 | | (6) the church is an elder-led and Bible-based Assyrian | 4 | | church; | 5 | | (7) the premises and the church are both single-story | 6 | | buildings; | 7 | | (8) the storefront directly west of the church is being | 8 | | used as a restaurant; and | 9 | | (9) the distance between the northern-most property | 10 | | line of the premises and the southern-most property line of | 11 | | the church is 65 feet. | 12 | | (cc) Notwithstanding any provision of this Section to the | 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 school if: | 18 | | (1) the sale of alcoholic liquor is not the principal | 19 | | business carried on by the licensee at the premises; | 20 | | (2) the licensee shall only sell packaged liquors at | 21 | | the premises; | 22 | | (3) the licensee is a national retail chain; | 23 | | (4) as of October 25, 2011, the licensee has 1,767 | 24 | | stores operating nationwide, 87 stores operating in the | 25 | | State, and 10 stores operating within the municipality; | 26 | | (5) the licensee shall occupy approximately 124,000 |
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| 1 | | square feet of space in the basement and first and second | 2 | | floors of a building located across the street from a | 3 | | school; | 4 | | (6) the school opened in August of 2009 and occupies | 5 | | approximately 67,000 square feet of space; and | 6 | | (7) the building in which the premises shall be located | 7 | | has been listed on the National Register of Historic Places | 8 | | since April 17, 1970. | 9 | | (dd) Notwithstanding any provision in this Section to the | 10 | | contrary, nothing in this Section shall prohibit the issuance | 11 | | or renewal of a license authorizing the sale of alcoholic | 12 | | liquor within a full-service grocery store at a premises that | 13 | | is located within a municipality with a population in excess of | 14 | | 1,000,000 inhabitants and is within 100 feet of a school if: | 15 | | (1) the premises is constructed on land that was | 16 | | purchased from the municipality at a fair market price; | 17 | | (2) the premises is constructed on land that was | 18 | | previously used as a parking facility for public safety | 19 | | employees; | 20 | | (3) the sale of alcoholic liquor is not the principal | 21 | | business carried on by the licensee at the premises; | 22 | | (4) the main entrance to the store is more than 100 | 23 | | feet from the main entrance to the school; | 24 | | (5) the premises is to be new construction; | 25 | | (6) the school is a private school; | 26 | | (7) the principal of the school has given written |
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| 1 | | approval for the license; | 2 | | (8) the alderman of the ward where the premises is | 3 | | located has given written approval of the issuance of the | 4 | | license; | 5 | | (9) the grocery store level of the premises is between | 6 | | 60,000 and 70,000 square feet; and | 7 | | (10) the owner and operator of the grocery store | 8 | | operates 2 other grocery stores that have alcoholic liquor | 9 | | licenses within the same municipality. | 10 | | (ee) Notwithstanding any provision in this Section to the | 11 | | contrary, nothing in this Section shall prohibit the issuance | 12 | | or renewal of a license authorizing the sale of alcoholic | 13 | | liquor within a full-service grocery store at a premises that | 14 | | is located within a municipality with a population in excess of | 15 | | 1,000,000 inhabitants and is within 100 feet of a school if: | 16 | | (1) the premises is constructed on land that once | 17 | | contained an industrial steel facility; | 18 | | (2) the premises is located on land that has undergone | 19 | | environmental remediation; | 20 | | (3) the premises is located within a retail complex | 21 | | containing retail stores where some of the stores sell | 22 | | alcoholic beverages; | 23 | | (4) the principal activity of any restaurant in the | 24 | | retail complex is the sale of food, and the sale of | 25 | | alcoholic liquor is incidental to the sale of food; | 26 | | (5) the sale of alcoholic liquor is not the principal |
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| 1 | | business carried on by the grocery store; | 2 | | (6) the entrance to any business that sells alcoholic | 3 | | liquor is more than 100 feet from the entrance to the | 4 | | school; | 5 | | (7) the alderman of the ward where the premises is | 6 | | located has given written approval of the issuance of the | 7 | | license; and | 8 | | (8) the principal of the school has given written | 9 | | consent to the issuance of the license. | 10 | | (ff) Notwithstanding any provision of this Section to the | 11 | | contrary, nothing in this Section shall prohibit the issuance | 12 | | or renewal of a license authorizing the sale of alcoholic | 13 | | liquor at a premises that is located within a municipality with | 14 | | a population in excess of 1,000,000 inhabitants and within 100 | 15 | | feet of a school if: | 16 | | (1) the sale of alcoholic liquor is not the principal | 17 | | business carried on at the premises; | 18 | | (2) the sale of alcoholic liquor at the premises is | 19 | | incidental to the operation of a theater; | 20 | | (3) the premises is a one and one-half-story building | 21 | | of approximately 10,000 square feet; | 22 | | (4) the school is a City of Chicago School District 299 | 23 | | school; | 24 | | (5) the primary entrance of the premises and the | 25 | | primary entrance of the school are at least 300 feet apart | 26 | | and no more than 400 feet apart; |
| | | SB1516 Enrolled | - 33 - | LRB099 07834 RPS 27969 b |
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| 1 | | (6) the alderman of the ward in which the premises is | 2 | | located has expressed, in writing, his support for the | 3 | | issuance of the license; and | 4 | | (7) the principal of the school has expressed, in | 5 | | writing, that there is no objection to the issuance of a | 6 | | license under this subsection (ff). | 7 | | (gg) Notwithstanding any provision of this Section to the | 8 | | contrary, nothing in this Section shall prohibit the issuance | 9 | | or renewal of a license authorizing the sale of alcoholic | 10 | | liquor incidental to the sale of food within a restaurant or | 11 | | banquet facility established in a premises that is located in a | 12 | | municipality with a population in excess of 1,000,000 | 13 | | inhabitants and within 100 feet of a church if: | 14 | | (1) the sale of alcoholic liquor is not the principal | 15 | | business carried on by the licensee at the premises; | 16 | | (2) the property on which the church is located and the | 17 | | property on which the premises are located are both within | 18 | | a district originally listed on the National Register of | 19 | | Historic Places on February 14, 1979; | 20 | | (3) the property on which the premises are located | 21 | | contains one or more multi-story buildings that are at | 22 | | least 95 years old and have no more than three stories; | 23 | | (4) the building in which the church is located is at | 24 | | least 120 years old; | 25 | | (5) the property on which the church is located is | 26 | | immediately adjacent to and west of the property on which |
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| 1 | | the premises are located; | 2 | | (6) the western boundary of the property on which the | 3 | | premises are located is no less than 118 feet in length and | 4 | | no more than 122 feet in length; | 5 | | (7) as of December 31, 2012, both the church property | 6 | | and the property on which the premises are located are | 7 | | within 250 feet of City of Chicago Business-Residential | 8 | | Planned Development Number 38; | 9 | | (8) the principal religious leader at the place of | 10 | | worship has indicated his or her support for the issuance | 11 | | of the license in writing; and | 12 | | (9) the alderman in whose district the premises are | 13 | | located has expressed his or her support for the issuance | 14 | | of the license in writing. | 15 | | For the purposes of this subsection, "banquet facility" | 16 | | means the part of the building that is located on the floor | 17 | | above a restaurant and caters to private parties and where the | 18 | | sale of alcoholic liquors is not the principal business. | 19 | | (hh) Notwithstanding any provision of this Section to the | 20 | | contrary, nothing in this Section shall prohibit the issuance | 21 | | or renewal of a license authorizing the sale of alcoholic | 22 | | liquor within a hotel and at an outdoor patio area attached to | 23 | | the hotel that are located in a municipality with a population | 24 | | in excess of 1,000,000 inhabitants and that are within 100 feet | 25 | | of a hospital if: | 26 | | (1) the sale of alcoholic liquor is not the principal |
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| 1 | | business carried on by the licensee at the hotel; | 2 | | (2) the hotel is located within the City of Chicago | 3 | | Business Planned Development Number 468; and | 4 | | (3) the hospital is located within the City of Chicago | 5 | | Institutional Planned Development Number 3. | 6 | | (ii) Notwithstanding any provision of this Section to the | 7 | | contrary, nothing in this Section shall prohibit the issuance | 8 | | or renewal of a license authorizing the sale of alcoholic | 9 | | liquor within a restaurant and at an outdoor patio area | 10 | | attached to the restaurant that are located in a municipality | 11 | | with a population in excess of 1,000,000 inhabitants and that | 12 | | are within 100 feet of a church if: | 13 | | (1) the sale of alcoholic liquor at the premises is not | 14 | | the principal business carried on by the licensee and is | 15 | | incidental to the sale of food; | 16 | | (2) the restaurant has been operated on the street | 17 | | level of a 2-story building located on a corner lot since | 18 | | 2008; | 19 | | (3) the restaurant is between 3,700 and 4,000 square | 20 | | feet and sits on a lot that is no more than 6,200 square | 21 | | feet; | 22 | | (4) the primary entrance to the restaurant and the | 23 | | primary entrance to the church are located on the same | 24 | | street; | 25 | | (5) the street on which the restaurant and the church | 26 | | are located is a major east-west street; |
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| 1 | | (6) the restaurant and the church are separated by a | 2 | | one-way northbound street; | 3 | | (7) the church is located to the west of and no more | 4 | | than 65 feet from the restaurant; and | 5 | | (8) the principal religious leader at the place of | 6 | | worship has indicated his or her consent to the issuance of | 7 | | the license in writing. | 8 | | (jj) Notwithstanding any provision of this Section to the | 9 | | contrary, nothing in this Section shall prohibit the issuance | 10 | | or renewal of a license authorizing the sale of alcoholic | 11 | | liquor at premises located within a municipality with a | 12 | | population in excess of 1,000,000 inhabitants and within 100 | 13 | | feet of a church if: | 14 | | (1) the sale of alcoholic liquor is not the principal | 15 | | business carried on by the licensee at the premises; | 16 | | (2) the sale of alcoholic liquor is incidental to the | 17 | | sale of food; | 18 | | (3) the premises are located east of the church, on | 19 | | perpendicular streets, and separated by an alley; | 20 | | (4) the distance between the primary entrance of the | 21 | | premises and the primary entrance of the church is at least | 22 | | 175 feet; | 23 | | (5) the distance between the property line of the | 24 | | premises and the property line of the church is at least 40 | 25 | | feet; | 26 | | (6) the licensee has been operating at the premises |
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| 1 | | since 2012; | 2 | | (7) the church was constructed in 1904; | 3 | | (8) the alderman of the ward in which the premises is | 4 | | located has expressed, in writing, his or her support for | 5 | | the issuance of the license; and | 6 | | (9) the principal religious leader of the church has | 7 | | delivered a written statement that he or she does not | 8 | | object to the issuance of a license under this subsection | 9 | | (jj). | 10 | | (kk) Notwithstanding any provision of this Section to the | 11 | | contrary, nothing in this Section shall prohibit the issuance | 12 | | or renewal of a license authorizing the sale of alcoholic | 13 | | liquor at a premises that is located within a municipality with | 14 | | a population in excess of 1,000,000 inhabitants and within 100 | 15 | | feet of a school if: | 16 | | (1) the sale of alcoholic liquor is not the principal | 17 | | business carried on by the licensee at the premises; | 18 | | (2) the licensee shall only sell packaged liquors on | 19 | | the premises; | 20 | | (3) the licensee is a national retail chain; | 21 | | (4) as of February 27, 2013, the licensee had 1,778 | 22 | | stores operating nationwide, 89 operating in this State, | 23 | | and 11 stores operating within the municipality; | 24 | | (5) the licensee shall occupy approximately 169,048 | 25 | | square feet of space within a building that is located | 26 | | across the street from a tuition-based preschool; and |
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| 1 | | (6) the alderman of the ward in which the premises is | 2 | | located has expressed, in writing, his or her support for | 3 | | the issuance of the license. | 4 | | (ll) Notwithstanding any provision of this Section to the | 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 within 100 | 9 | | feet of a school if: | 10 | | (1) the sale of alcoholic liquor is not the principal | 11 | | business carried on by the licensee at the premises; | 12 | | (2) the licensee shall only sell packaged liquors on | 13 | | the premises; | 14 | | (3) the licensee is a national retail chain; | 15 | | (4) as of February 27, 2013, the licensee had 1,778 | 16 | | stores operating nationwide, 89 operating in this State, | 17 | | and 11 stores operating within the municipality; | 18 | | (5) the licensee shall occupy approximately 191,535 | 19 | | square feet of space within a building that is located | 20 | | across the street from an elementary school; and | 21 | | (6) the alderman of the ward in which the premises is | 22 | | located has expressed, in writing, his or her support for | 23 | | the issuance of the license. | 24 | | (mm) Notwithstanding any provision of this Section to the | 25 | | contrary, nothing in this Section shall prohibit the issuance | 26 | | or renewal of a license authorizing the sale of alcoholic |
| | | SB1516 Enrolled | - 39 - | LRB099 07834 RPS 27969 b |
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| 1 | | liquor within premises and at an outdoor patio or sidewalk | 2 | | cafe, or both, attached to premises that are located in a | 3 | | municipality with a population in excess of 1,000,000 | 4 | | inhabitants and that are within 100 feet of a hospital if: | 5 | | (1) the primary business of the restaurant consists of | 6 | | the sale of food where the sale of liquor is incidental to | 7 | | the sale of food; | 8 | | (2) as a restaurant, the premises may or may not offer | 9 | | catering as an incidental part of food service; | 10 | | (3) the primary business of the restaurant is conducted | 11 | | in space owned by a hospital or an entity owned or | 12 | | controlled by, under common control with, or that controls | 13 | | a hospital, and the chief hospital administrator has | 14 | | expressed his or her support for the issuance of the | 15 | | license in writing; and | 16 | | (4) the hospital is an adult acute care facility | 17 | | primarily located within the City of Chicago Institutional | 18 | | Planned Development Number 3. | 19 | | (nn) Notwithstanding any provision of this Section to the | 20 | | contrary, nothing in this Section shall prohibit the issuance | 21 | | or renewal of a license authorizing the sale of alcoholic | 22 | | liquor at a premises that is located within a municipality with | 23 | | a population in excess of 1,000,000 inhabitants and within 100 | 24 | | feet of a church if: | 25 | | (1) the sale of alcoholic liquor is not the principal | 26 | | business carried out on the premises; |
| | | SB1516 Enrolled | - 40 - | LRB099 07834 RPS 27969 b |
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| 1 | | (2) the sale of alcoholic liquor at the premises is | 2 | | incidental to the operation of a theater; | 3 | | (3) the premises are a building that was constructed in | 4 | | 1913 and opened on May 24, 1915 as a vaudeville theater, | 5 | | and the premises were converted to a motion picture theater | 6 | | in 1935; | 7 | | (4) the church was constructed in 1889 with a stone | 8 | | exterior; | 9 | | (5) the primary entrance of the premises and the | 10 | | primary entrance of the church are at least 100 feet apart; | 11 | | and | 12 | | (6) the principal religious leader at the place of | 13 | | worship has indicated his or her consent to the issuance of | 14 | | the license in writing; and | 15 | | (7) the alderman in whose ward the premises are located | 16 | | has expressed his or her support for the issuance of the | 17 | | license in writing. | 18 | | (oo) Notwithstanding any provision of this Section to the | 19 | | contrary, nothing in this Section shall prohibit the issuance | 20 | | or renewal of a license authorizing the sale of alcoholic | 21 | | liquor at a premises that is located within a municipality with | 22 | | a population in excess of 1,000,000 inhabitants and within 100 | 23 | | feet of a mosque, church, or other place of worship if: | 24 | | (1) the primary entrance of the premises and the | 25 | | primary entrance of the mosque, church, or other place of | 26 | | worship are perpendicular and are on different streets; |
| | | SB1516 Enrolled | - 41 - | LRB099 07834 RPS 27969 b |
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| 1 | | (2) the primary entrance to the premises faces West and | 2 | | the primary entrance to the mosque, church, or other place | 3 | | of worship faces South; | 4 | | (3) the distance between the 2 primary entrances is at | 5 | | least 100 feet; | 6 | | (4) the mosque, church, or other place of worship was | 7 | | established in a location within 100 feet of the premises | 8 | | after a license for the sale of alcohol at the premises was | 9 | | first issued; | 10 | | (5) the mosque, church, or other place of worship was | 11 | | established on or around January 1, 2011; | 12 | | (6) a license for the sale of alcohol at the premises | 13 | | was first issued on or before January 1, 1985; | 14 | | (7) a license for the sale of alcohol at the premises | 15 | | has been continuously in effect since January 1, 1985, | 16 | | except for interruptions between licenses of no more than | 17 | | 90 days; and | 18 | | (8) the premises are a single-story, single-use | 19 | | building of at least 3,000 square feet and no more than | 20 | | 3,380 square feet. | 21 | | (pp) Notwithstanding any provision of this Section to the | 22 | | contrary, nothing in this Section shall prohibit the issuance | 23 | | or renewal of a license authorizing the sale of alcoholic | 24 | | liquor incidental to the sale of food within a restaurant or | 25 | | banquet facility established on premises that are located in a | 26 | | municipality with a population in excess of 1,000,000 |
| | | SB1516 Enrolled | - 42 - | LRB099 07834 RPS 27969 b |
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| 1 | | inhabitants and within 100 feet of at least one church if: | 2 | | (1) the sale of liquor shall not be the principal | 3 | | business carried on by the licensee at the premises; | 4 | | (2) the premises are at least 2,000 square feet and no | 5 | | more than 10,000 square feet and is located in a | 6 | | single-story building; | 7 | | (3) the property on which the premises are located is | 8 | | within an area that, as of 2009, was designated as a | 9 | | Renewal Community by the United States Department of | 10 | | Housing and Urban Development; | 11 | | (4) the property on which the premises are located and | 12 | | the properties on which the churches are located are on the | 13 | | same street; | 14 | | (5) the property on which the premises are located is | 15 | | immediately adjacent to and east of the property on which | 16 | | at least one of the churches is located; | 17 | | (6) the property on which the premises are located is | 18 | | across the street and southwest of the property on which | 19 | | another church is located; | 20 | | (7) the principal religious leaders of the churches | 21 | | have indicated their support for the issuance of the | 22 | | license in writing; and | 23 | | (8) the alderman in whose ward the premises are located | 24 | | has expressed his or her support for the issuance of the | 25 | | license in writing. | 26 | | For purposes of this subsection (pp), "banquet facility" |
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| 1 | | means the part of the building that caters to private parties | 2 | | and where the sale of alcoholic liquors is not the principal | 3 | | business. | 4 | | (qq) Notwithstanding any provision of 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 on premises that are located within a municipality with | 8 | | a population in excess of 1,000,000 inhabitants and within 100 | 9 | | feet of a church or school if: | 10 | | (1) the primary entrance of the premises and the | 11 | | closest entrance of the church or school are at least 200 | 12 | | feet apart and no greater than 300 feet apart; | 13 | | (2) the shortest distance between the premises and the | 14 | | church or school is at least 66 feet apart and no greater | 15 | | than 81 feet apart; | 16 | | (3) the premises are a single-story, steel-framed | 17 | | commercial building with at least 18,042 square feet, and | 18 | | was constructed in 1925 and 1997; | 19 | | (4) the owner of the business operated within the | 20 | | premises has been the general manager of a similar | 21 | | supermarket within one mile from the premises, which has | 22 | | had a valid license authorizing the sale of alcoholic | 23 | | liquor since 2002, and is in good standing with the City of | 24 | | Chicago; | 25 | | (5) the principal religious leader at the place of | 26 | | worship has indicated his or her support to the issuance or |
| | | SB1516 Enrolled | - 44 - | LRB099 07834 RPS 27969 b |
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| 1 | | renewal of the license in writing; | 2 | | (6) the alderman of the ward has indicated his or her | 3 | | support to the issuance or renewal of the license in | 4 | | writing; and | 5 | | (7) the principal of the school has indicated his or | 6 | | her support to the issuance or renewal of the license in | 7 | | writing. | 8 | | (rr) Notwithstanding any provision of this Section to the | 9 | | contrary, nothing in this Section shall prohibit the issuance | 10 | | or renewal of a license authorizing the sale of alcoholic | 11 | | liquor at premises located within a municipality with a | 12 | | population in excess of 1,000,000 inhabitants and within 100 | 13 | | feet of a club that leases space to a school if: | 14 | | (1) the sale of alcoholic liquor is not the principal | 15 | | business carried out on the premises; | 16 | | (2) the sale of alcoholic liquor at the premises is | 17 | | incidental to the operation of a grocery store; | 18 | | (3) the premises are a building of approximately 1,750 | 19 | | square feet and is rented by the owners of the grocery | 20 | | store from a family member; | 21 | | (4) the property line of the premises is approximately | 22 | | 68 feet from the property line of the club; | 23 | | (5) the primary entrance of the premises and the | 24 | | primary entrance of the club where the school leases space | 25 | | are at least 100 feet apart; | 26 | | (6) the director of the club renting space to the |
| | | SB1516 Enrolled | - 45 - | LRB099 07834 RPS 27969 b |
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| 1 | | school has indicated his or her consent to the issuance of | 2 | | the license in writing; and | 3 | | (7) the alderman in whose district the premises are | 4 | | located has expressed his or her support for the issuance | 5 | | of the license in writing. | 6 | | (ss) Notwithstanding any provision of this Section to the | 7 | | contrary, nothing in this Section shall prohibit the issuance | 8 | | or renewal of a license authorizing the sale of alcoholic | 9 | | liquor at premises located within a municipality with a | 10 | | population in excess of 1,000,000 inhabitants and within 100 | 11 | | feet of a church if: | 12 | | (1) the premises are located within a 15 unit building | 13 | | with 13 residential apartments and 2 commercial spaces, and | 14 | | the licensee will occupy both commercial spaces; | 15 | | (2) a restaurant has been operated on the premises | 16 | | since June 2011; | 17 | | (3) the restaurant currently occupies 1,075 square | 18 | | feet, but will be expanding to include 975 additional | 19 | | square feet; | 20 | | (4) the sale of alcoholic liquor is not the principal | 21 | | business carried on by the licensee at the premises; | 22 | | (5) the premises are located south of the church and on | 23 | | the same street and are separated by a one-way westbound | 24 | | street; | 25 | | (6) the primary entrance of the premises is at least 93 | 26 | | feet from the primary entrance of the church; |
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| 1 | | (7) the shortest distance between any part of the | 2 | | premises and any part of the church is at least 72 feet; | 3 | | (8) the building in which the restaurant is located was | 4 | | built in 1910; | 5 | | (9) the alderman of the ward in which the premises are | 6 | | located has expressed, in writing, his or her support for | 7 | | the issuance of the license; and | 8 | | (10) the principal religious leader of the church has | 9 | | delivered a written statement that he or she does not | 10 | | object to the issuance of a license under this subsection | 11 | | (ss). | 12 | | (tt) Notwithstanding any provision of this Section to the | 13 | | contrary, nothing in this Section shall prohibit the issuance | 14 | | or renewal of a license authorizing the sale of alcoholic | 15 | | liquor at premises located within a municipality with a | 16 | | population in excess of 1,000,000 inhabitants and within 100 | 17 | | feet of a church if: | 18 | | (1) the sale of alcoholic liquor is not the principal | 19 | | business carried on by the licensee at the premises; | 20 | | (2) the sale of alcoholic liquor is incidental to the | 21 | | sale of food; | 22 | | (3) the sale of alcoholic liquor at the premises was | 23 | | previously authorized by a package goods liquor license; | 24 | | (4) the premises are at least 40,000 square feet with | 25 | | 25 parking spaces in the contiguous surface lot to the | 26 | | north of the store and 93 parking spaces on the roof; |
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| 1 | | (5) the shortest distance between the lot line of the | 2 | | parking lot of the premises and the exterior wall of the | 3 | | church is at least 80 feet; | 4 | | (6) the distance between the building in which the | 5 | | church is located and the building in which the premises | 6 | | are located is at least 180 feet; | 7 | | (7) the main entrance to the church faces west and is | 8 | | at least 257 feet from the main entrance of the premises; | 9 | | and | 10 | | (8) the applicant is the owner of 10 similar grocery | 11 | | stores within the City of Chicago and the surrounding area | 12 | | and has been in business for more than 30 years. | 13 | | (uu) Notwithstanding any provision of this Section to the | 14 | | contrary, nothing in this Section shall prohibit the issuance | 15 | | or renewal of a license authorizing the sale of alcoholic | 16 | | liquor at premises located within a municipality with a | 17 | | population in excess of 1,000,000 inhabitants and within 100 | 18 | | 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 sale of alcoholic liquor is incidental to the | 22 | | operation of a grocery store; | 23 | | (3) the premises are located in a building that is | 24 | | approximately 68,000 square feet with 157 parking spaces on | 25 | | property that was previously vacant land; | 26 | | (4) the main entrance to the church faces west and is |
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| 1 | | at least 500 feet from the entrance of the premises, which | 2 | | faces north; | 3 | | (5) the church and the premises are separated by an | 4 | | alley; | 5 | | (6) the applicant is the owner of 9 similar grocery | 6 | | stores in the City of Chicago and the surrounding area and | 7 | | has been in business for more than 40 years; and | 8 | | (7) the alderman of the ward in which the premises are | 9 | | located has expressed, in writing, his or her support for | 10 | | the issuance of the license. | 11 | | (vv) Notwithstanding any provision of this Section to the | 12 | | contrary, nothing in this Section shall prohibit the issuance | 13 | | or renewal of a license authorizing the sale of alcoholic | 14 | | liquor at premises located within a municipality with a | 15 | | population in excess of 1,000,000 inhabitants and within 100 | 16 | | feet of a church if: | 17 | | (1) the sale of alcoholic liquor is the principal | 18 | | business carried on by the licensee at the premises; | 19 | | (2) the sale of alcoholic liquor is primary to the sale | 20 | | of food; | 21 | | (3) the premises are located south of the church and on | 22 | | perpendicular streets and are separated by a driveway; | 23 | | (4) the primary entrance of the premises is at least | 24 | | 100 feet from the primary entrance of the church; | 25 | | (5) the shortest distance between any part of the | 26 | | premises and any part of the church is at least 15 feet; |
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| 1 | | (6) the premises are less than 100 feet from the church | 2 | | center, but greater than 100 feet from the area within the | 3 | | building where church services are held; | 4 | | (7) the premises are 25,830 square feet and sit on a | 5 | | lot that is 0.48 acres; | 6 | | (8) the premises were once designated as a Korean | 7 | | American Presbyterian Church and were once used as a | 8 | | Masonic Temple; | 9 | | (9) the premises were built in 1910; | 10 | | (10) the alderman of the ward in which the premises are | 11 | | located has expressed, in writing, his or her support for | 12 | | the issuance of the license; and | 13 | | (11) the principal religious leader of the church has | 14 | | delivered a written statement that he or she does not | 15 | | object to the issuance of a license under this subsection | 16 | | (vv). | 17 | | For the purposes of this subsection (vv), "premises" means | 18 | | a place of business together with a privately owned outdoor | 19 | | location that is adjacent to the place of business.
| 20 | | (ww) Notwithstanding any provision of 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 premises located within a municipality with a
| 24 | | population in excess of 1,000,000 inhabitants and within 100
| 25 | | feet of a school if: | 26 | | (1) the school is located within Sub Area III of City |
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| 1 | | of Chicago Residential-Business Planned Development Number | 2 | | 523, as amended; and | 3 | | (2) the premises are located within Sub Area I, Sub | 4 | | Area II, or Sub Area IV of City of Chicago | 5 | | Residential-Business Planned Development Number 523, as | 6 | | amended. | 7 | | (xx) Notwithstanding any provision of this Section to the | 8 | | contrary, nothing in this Section shall prohibit the issuance | 9 | | or renewal of a license authorizing the sale of alcoholic | 10 | | liquor at premises located within a municipality with a | 11 | | population in excess of 1,000,000 inhabitants and within 100 | 12 | | feet of a church if: | 13 | | (1) the sale of wine or wine-related products is the | 14 | | exclusive business carried on by the licensee at the | 15 | | premises; | 16 | | (2) the primary entrance of the premises and the | 17 | | primary entrance of the church are at least 100 feet apart | 18 | | and are located on different streets; | 19 | | (3) the building in which the premises are located and | 20 | | the building in which the church is located are separated | 21 | | by an alley; | 22 | | (4) the premises consists of less than 2,000 square | 23 | | feet of floor area dedicated to the sale of wine or | 24 | | wine-related products; | 25 | | (5) the premises are located on the first floor of a | 26 | | 2-story building that is at least 99 years old and has a |
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| 1 | | residential unit on the second floor; and | 2 | | (6) the principal religious leader at the church has | 3 | | indicated his or her support for the issuance or renewal of | 4 | | the license in writing. | 5 | | (Source: P.A. 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634, | 6 | | eff. 12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12; | 7 | | 97-806, eff. 7-13-12; 97-1166, eff. 3-1-13; 98-274, eff. | 8 | | 8-9-13; 98-463, eff. 8-16-13; 98-571, eff. 8-27-13; 98-592, | 9 | | eff. 11-15-13; 98-1092, eff. 8-26-14; 98-1158, eff. 1-9-15; | 10 | | 09900SB0398ham002.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law, except that Section 10 takes effect upon becoming | 13 | | law or on the date Senate Bill 398 of the 99th General Assembly | 14 | | takes effect, whichever is later. |
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