Illinois General Assembly - Full Text of SB1516
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Full Text of SB1516  99th General Assembly

SB1516ham002 99TH GENERAL ASSEMBLY

Rep. Sara Feigenholtz

Filed: 5/29/2015

 

 


 

 


 
09900SB1516ham002LRB099 07834 RPS 36398 a

1
AMENDMENT TO SENATE BILL 1516

2    AMENDMENT NO. ______. Amend Senate Bill 1516, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
41, on page 7, by inserting after line 8 the following:
 
5    "Section 10. If and only if Senate Bill 398 of the 99th
6General Assembly becomes law and the changes to Section 6-11 of
7the Liquor Control Act of 1934 in that bill become law in the
8form in which they appear in House Amendment No. 2 to that
9bill, then the Liquor Control Act of 1934 is amended by
10changing Section 6-11 as follows:
 
11    (235 ILCS 5/6-11)
12    Sec. 6-11. Sale near churches, schools, and hospitals.
13    (a) No license shall be issued for the sale at retail of
14any alcoholic liquor within 100 feet of any church, school
15other than an institution of higher learning, hospital, home
16for aged or indigent persons or for veterans, their spouses or

 

 

09900SB1516ham002- 2 -LRB099 07834 RPS 36398 a

1children or any military or naval station, provided, that this
2prohibition shall not apply to hotels offering restaurant
3service, regularly organized clubs, or to restaurants, food
4shops or other places where sale of alcoholic liquors is not
5the principal business carried on if the place of business so
6exempted is not located in a municipality of more than 500,000
7persons, unless required by local ordinance; nor to the renewal
8of a license for the sale at retail of alcoholic liquor on
9premises within 100 feet of any church or school where the
10church or school has been established within such 100 feet
11since the issuance of the original license. In the case of a
12church, the distance of 100 feet shall be measured to the
13nearest part of any building used for worship services or
14educational programs and not to property boundaries.
15    (a-5) Notwithstanding any provision of this Section to the
16contrary, a local liquor control commissioner may grant an
17exemption to the prohibition in subsection (a) of this Section
18if a local rule or ordinance authorizes the local liquor
19control commissioner to grant that exemption.
20    (b) Nothing in this Section shall prohibit the issuance of
21a retail license authorizing the sale of alcoholic liquor to a
22restaurant, the primary business of which is the sale of goods
23baked on the premises if (i) the restaurant is newly
24constructed and located on a lot of not less than 10,000 square
25feet, (ii) the restaurant costs at least $1,000,000 to
26construct, (iii) the licensee is the titleholder to the

 

 

09900SB1516ham002- 3 -LRB099 07834 RPS 36398 a

1premises and resides on the premises, and (iv) the construction
2of the restaurant is completed within 18 months of the
3effective date of this amendatory Act of 1998.
4    (c) Nothing in this Section shall prohibit the issuance of
5a retail license authorizing the sale of alcoholic liquor
6incidental to a restaurant if (1) the primary business of the
7restaurant consists of the sale of food where the sale of
8liquor is incidental to the sale of food and the applicant is a
9completely new owner of the restaurant, (2) the immediately
10prior owner or operator of the premises where the restaurant is
11located operated the premises as a restaurant and held a valid
12retail license authorizing the sale of alcoholic liquor at the
13restaurant for at least part of the 24 months before the change
14of ownership, and (3) the restaurant is located 75 or more feet
15from a school.
16    (d) In the interest of further developing Illinois' economy
17in the area of commerce, tourism, convention, and banquet
18business, nothing in this Section shall prohibit issuance of a
19retail license authorizing the sale of alcoholic beverages to a
20restaurant, banquet facility, grocery store, or hotel having
21not fewer than 150 guest room accommodations located in a
22municipality of more than 500,000 persons, notwithstanding the
23proximity of such hotel, restaurant, banquet facility, or
24grocery store to any church or school, if the licensed premises
25described on the license are located within an enclosed mall or
26building of a height of at least 6 stories, or 60 feet in the

 

 

09900SB1516ham002- 4 -LRB099 07834 RPS 36398 a

1case of a building that has been registered as a national
2landmark, or in a grocery store having a minimum of 56,010
3square feet of floor space in a single story building in an
4open mall of at least 3.96 acres that is adjacent to a public
5school that opened as a boys technical high school in 1934, or
6in a grocery store having a minimum of 31,000 square feet of
7floor space in a single story building located a distance of
8more than 90 feet but less than 100 feet from a high school
9that opened in 1928 as a junior high school and became a senior
10high school in 1933, and in each of these cases if the sale of
11alcoholic liquors is not the principal business carried on by
12the licensee.
13    For purposes of this Section, a "banquet facility" is any
14part of a building that caters to private parties and where the
15sale of alcoholic liquors is not the principal business.
16    (e) Nothing in this Section shall prohibit the issuance of
17a license to a church or private school to sell at retail
18alcoholic liquor if any such sales are limited to periods when
19groups are assembled on the premises solely for the promotion
20of some common object other than the sale or consumption of
21alcoholic liquors.
22    (f) Nothing in this Section shall prohibit a church or
23church affiliated school located in a home rule municipality or
24in a municipality with 75,000 or more inhabitants from locating
25within 100 feet of a property for which there is a preexisting
26license to sell alcoholic liquor at retail. In these instances,

 

 

09900SB1516ham002- 5 -LRB099 07834 RPS 36398 a

1the local zoning authority may, by ordinance adopted
2simultaneously with the granting of an initial special use
3zoning permit for the church or church affiliated school,
4provide that the 100-foot restriction in this Section shall not
5apply to that church or church affiliated school and future
6retail liquor licenses.
7    (g) Nothing in this Section shall prohibit the issuance of
8a retail license authorizing the sale of alcoholic liquor at
9premises within 100 feet, but not less than 90 feet, of a
10public school if (1) the premises have been continuously
11licensed to sell alcoholic liquor for a period of at least 50
12years, (2) the premises are located in a municipality having a
13population of over 500,000 inhabitants, (3) the licensee is an
14individual who is a member of a family that has held the
15previous 3 licenses for that location for more than 25 years,
16(4) the principal of the school and the alderman of the ward in
17which the school is located have delivered a written statement
18to the local liquor control commissioner stating that they do
19not object to the issuance of a license under this subsection
20(g), and (5) the local liquor control commissioner has received
21the written consent of a majority of the registered voters who
22live within 200 feet of the premises.
23    (h) 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 premises and at an outdoor patio area attached to

 

 

09900SB1516ham002- 6 -LRB099 07834 RPS 36398 a

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

 

 

09900SB1516ham002- 7 -LRB099 07834 RPS 36398 a

1        (2) the principal religious leader at the place of
2    worship has not indicated his or her opposition to the
3    issuance or renewal of the license in writing.
4    (j) Notwithstanding any provision in this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6of a retail license authorizing the sale of alcoholic liquor at
7a theater that is within 100 feet of a church if (1) the church
8owns the theater, (2) the church leases the theater to one or
9more entities, and (3) the theater is used by at least 5
10different not-for-profit theater groups.
11    (k) 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 at a premises that is located within a municipality with
15a population in excess of 1,000,000 inhabitants and is within
16100 feet of a school if:
17        (1) the primary entrance of the premises and the
18    primary entrance of the school are parallel, on different
19    streets, and separated by an alley;
20        (2) the southeast corner of the premises are at least
21    350 feet from the southwest corner of the school;
22        (3) the school was built in 1978;
23        (4) the sale of alcoholic liquor at the premises is
24    incidental to the sale of food;
25        (5) the sale of alcoholic liquor is not the principal
26    business carried on by the licensee at the premises;

 

 

09900SB1516ham002- 8 -LRB099 07834 RPS 36398 a

1        (6) the applicant is the owner of the restaurant and
2    has held a valid license authorizing the sale of alcoholic
3    liquor for the business to be conducted on the premises at
4    a different location for more than 7 years; and
5        (7) the premises is at least 2,300 square feet and sits
6    on a lot that is between 6,100 and 6,150 square feet.
7    (l) Notwithstanding any provision in 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 a premises that is located within a municipality with
11a population in excess of 1,000,000 inhabitants and is within
12100 feet of a church or school if:
13        (1) the primary entrance of the premises and the
14    closest entrance of the church or school is at least 90
15    feet apart and no greater than 95 feet apart;
16        (2) the shortest distance between the premises and the
17    church or school is at least 80 feet apart and no greater
18    than 85 feet apart;
19        (3) the applicant is the owner of the restaurant and on
20    November 15, 2006 held a valid license authorizing the sale
21    of alcoholic liquor for the business to be conducted on the
22    premises for at least 14 different locations;
23        (4) the sale of alcoholic liquor at the premises is
24    incidental to the sale of food;
25        (5) the sale of alcoholic liquor is not the principal
26    business carried on by the licensee at the premises;

 

 

09900SB1516ham002- 9 -LRB099 07834 RPS 36398 a

1        (6) the premises is at least 3,200 square feet and sits
2    on a lot that is between 7,150 and 7,200 square feet; and
3        (7) the principal religious leader at the place of
4    worship has not indicated his or her opposition to the
5    issuance or renewal of the license in writing.
6    (m) Notwithstanding any provision in 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 is within
11100 feet of a church if:
12        (1) the premises and the church are perpendicular, and
13    the primary entrance of the premises faces South while the
14    primary entrance of the church faces West and the distance
15    between the two entrances is more than 100 feet;
16        (2) the shortest distance between the premises lot line
17    and the exterior wall of the church is at least 80 feet;
18        (3) the church was established at the current location
19    in 1916 and the present structure was erected in 1925;
20        (4) the premises is a single story, single use building
21    with at least 1,750 square feet and no more than 2,000
22    square feet;
23        (5) the sale of alcoholic liquor at the premises is
24    incidental to the sale of food;
25        (6) the sale of alcoholic liquor is not the principal
26    business carried on by the licensee at the premises; and

 

 

09900SB1516ham002- 10 -LRB099 07834 RPS 36398 a

1        (7) the principal religious leader at the place of
2    worship has not indicated his or her opposition to the
3    issuance or renewal of the license in writing.
4    (n) Notwithstanding any provision in this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6or renewal of a license authorizing the sale of alcoholic
7liquor at a premises that is located within a municipality with
8a population in excess of 1,000,000 inhabitants and is within
9100 feet of a school if:
10        (1) the school is a City of Chicago School District 299
11    school;
12        (2) the school is located within subarea E of City of
13    Chicago Residential Business Planned Development Number
14    70;
15        (3) the sale of alcoholic liquor is not the principal
16    business carried on by the licensee on the premises;
17        (4) the sale of alcoholic liquor at the premises is
18    incidental to the sale of food; and
19        (5) the administration of City of Chicago School
20    District 299 has expressed, in writing, its support for the
21    issuance of the license.
22    (o) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a retail license authorizing the sale of
25alcoholic liquor at a premises that is located within a
26municipality in excess of 1,000,000 inhabitants and within 100

 

 

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1feet of a church if:
2        (1) the sale of alcoholic liquor at the premises is
3    incidental to the sale of food;
4        (2) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (3) the premises is located on a street that runs
7    perpendicular to the street on which the church is located;
8        (4) the primary entrance of the premises is at least
9    100 feet from the primary entrance of the church;
10        (5) the shortest distance between any part of the
11    premises and any part of the church is at least 60 feet;
12        (6) the premises is between 3,600 and 4,000 square feet
13    and sits on a lot that is between 3,600 and 4,000 square
14    feet; and
15        (7) the premises was built in the year 1909.
16    For purposes of this subsection (o), "premises" means a
17place of business together with a privately owned outdoor
18location that is adjacent to the place of business.
19    (p) Notwithstanding any provision in this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of a license authorizing the sale of alcoholic
22liquor at a premises that is located within a municipality with
23a population in excess of 1,000,000 inhabitants and within 100
24feet of a church if:
25        (1) the shortest distance between the backdoor of the
26    premises, which is used as an emergency exit, and the

 

 

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1    church is at least 80 feet;
2        (2) the church was established at the current location
3    in 1889; and
4        (3) liquor has been sold on the premises since at least
5    1985.
6    (q) 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 within a premises that is located in a municipality with
10a population in excess of 1,000,000 inhabitants and within 100
11feet of a church-owned property if:
12        (1) the premises is located within a larger building
13    operated as a grocery store;
14        (2) the area of the premises does not exceed 720 square
15    feet and the area of the larger building exceeds 18,000
16    square feet;
17        (3) the larger building containing the premises is
18    within 100 feet of the nearest property line of a
19    church-owned property on which a church-affiliated school
20    is located;
21        (4) the sale of liquor is not the principal business
22    carried on within the larger building;
23        (5) the primary entrance of the larger building and the
24    premises and the primary entrance of the church-affiliated
25    school are on different, parallel streets, and the distance
26    between the 2 primary entrances is more than 100 feet;

 

 

09900SB1516ham002- 13 -LRB099 07834 RPS 36398 a

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

 

 

09900SB1516ham002- 14 -LRB099 07834 RPS 36398 a

1        (5) the restaurant has held a license authorizing the
2    sale of alcoholic liquor on the premises for more than 40
3    years.
4    (s) Notwithstanding any provision of this Section to the
5contrary, nothing in this Section shall prohibit renewal of a
6license authorizing the sale of alcoholic liquor at a premises
7that is located within a municipality with a population more
8than 5,000 and less than 10,000 and is within 100 feet of a
9church if:
10        (1) the church was established at the location within
11    100 feet of the premises after a license for the sale of
12    alcoholic liquor at the premises was first issued;
13        (2) a license for sale of alcoholic liquor at the
14    premises was first issued before January 1, 2007; and
15        (3) a license for the sale of alcoholic liquor on the
16    premises has been continuously in effect since January 1,
17    2007, except for interruptions between licenses of no more
18    than 90 days.
19    (t) Notwithstanding any provision of this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of a license authorizing the sale of alcoholic
22liquor incidental to the sale of food within a restaurant that
23is established in a premises that is located in a municipality
24with a population in excess of 1,000,000 inhabitants and within
25100 feet of a school and a church if:
26        (1) the restaurant is located inside a five-story

 

 

09900SB1516ham002- 15 -LRB099 07834 RPS 36398 a

1    building with over 16,800 square feet of commercial space;
2        (2) the area of the premises does not exceed 31,050
3    square feet;
4        (3) the area of the restaurant does not exceed 5,800
5    square feet;
6        (4) the building has no less than 78 condominium units;
7        (5) the construction of the building in which the
8    restaurant is located was completed in 2006;
9        (6) the building has 10 storefront properties, 3 of
10    which are used for the restaurant;
11        (7) the restaurant will open for business in 2010;
12        (8) the building is north of the school and separated
13    by an alley; and
14        (9) the principal religious leader of the church and
15    either the alderman of the ward in which the school is
16    located or the principal of the school have delivered a
17    written statement to the local liquor control commissioner
18    stating that he or she does not object to the issuance of a
19    license under this subsection (t).
20    (u) Notwithstanding any provision in this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license to sell alcoholic liquor at a premises
23that is located within a municipality with a population in
24excess of 1,000,000 inhabitants and within 100 feet of a school
25if:
26        (1) the premises operates as a restaurant and has been

 

 

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1    in operation since February 2008;
2        (2) the applicant is the owner of the premises;
3        (3) the sale of alcoholic liquor is incidental to the
4    sale of food;
5        (4) the sale of alcoholic liquor is not the principal
6    business carried on by the licensee on the premises;
7        (5) the premises occupy the first floor of a 3-story
8    building that is at least 90 years old;
9        (6) the rear lot of the school and the rear corner of
10    the building that the premises occupy are separated by an
11    alley;
12        (7) the distance from the southwest corner of the
13    property line of the school and the northeast corner of the
14    building that the premises occupy is at least 16 feet, 5
15    inches;
16        (8) the distance from the rear door of the premises to
17    the southwest corner of the property line of the school is
18    at least 93 feet;
19        (9) the school is a City of Chicago School District 299
20    school;
21        (10) the school's main structure was erected in 1902
22    and an addition was built to the main structure in 1959;
23    and
24        (11) the principal of the school and the alderman in
25    whose district the premises are located have expressed, in
26    writing, their support for the issuance of the license.

 

 

09900SB1516ham002- 17 -LRB099 07834 RPS 36398 a

1    (v) Notwithstanding any provision in this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor at a premises that is located within a municipality with
5a population in excess of 1,000,000 inhabitants and is within
6100 feet of a school if:
7        (1) the total land area of the premises for which the
8    license or renewal is sought is more than 600,000 square
9    feet;
10        (2) the premises for which the license or renewal is
11    sought has more than 600 parking stalls;
12        (3) the total area of all buildings on the premises for
13    which the license or renewal is sought exceeds 140,000
14    square feet;
15        (4) the property line of the premises for which the
16    license or renewal is sought is separated from the property
17    line of the school by a street;
18        (5) the distance from the school's property line to the
19    property line of the premises for which the license or
20    renewal is sought is at least 60 feet;
21        (6) as of the effective date of this amendatory Act of
22    the 97th General Assembly, the premises for which the
23    license or renewal is sought is located in the Illinois
24    Medical District.
25    (w) Notwithstanding any provision in this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

09900SB1516ham002- 18 -LRB099 07834 RPS 36398 a

1or renewal of a license to sell alcoholic liquor at a premises
2that is located within a municipality with a population in
3excess of 1,000,000 inhabitants and within 100 feet of a church
4if:
5        (1) the sale of alcoholic liquor at the premises is
6    incidental to the sale of food;
7        (2) the sale of alcoholic liquor is not the principal
8    business carried on by the licensee at the premises;
9        (3) the premises occupy the first floor and basement of
10    a 2-story building that is 106 years old;
11        (4) the premises is at least 7,000 square feet and
12    located on a lot that is at least 11,000 square feet;
13        (5) the premises is located directly west of the
14    church, on perpendicular streets, and separated by an
15    alley;
16        (6) the distance between the property line of the
17    premises and the property line of the church is at least 20
18    feet;
19        (7) the distance between the primary entrance of the
20    premises and the primary entrance of the church is at least
21    130 feet; and
22        (8) the church has been at its location for at least 40
23    years.
24    (x) Notwithstanding any provision of this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license authorizing the sale of alcoholic

 

 

09900SB1516ham002- 19 -LRB099 07834 RPS 36398 a

1liquor at a premises that is located within a municipality with
2a population in excess of 1,000,000 inhabitants and within 100
3feet of a church if:
4        (1) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (2) the church has been operating in its current
7    location since 1973;
8        (3) the premises has been operating in its current
9    location since 1988;
10        (4) the church and the premises are owned by the same
11    parish;
12        (5) the premises is used for cultural and educational
13    purposes;
14        (6) the primary entrance to the premises and the
15    primary entrance to the church are located on the same
16    street;
17        (7) the principal religious leader of the church has
18    indicated his support of the issuance of the license;
19        (8) the premises is a 2-story building of approximately
20    23,000 square feet; and
21        (9) the premises houses a ballroom on its ground floor
22    of approximately 5,000 square feet.
23    (y) 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 at a premises that is located within a municipality with

 

 

09900SB1516ham002- 20 -LRB099 07834 RPS 36398 a

1a population in excess of 1,000,000 inhabitants and within 100
2feet of a school if:
3        (1) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the premises;
5        (2) the sale of alcoholic liquor at the premises is
6    incidental to the sale of food;
7        (3) according to the municipality, the distance
8    between the east property line of the premises and the west
9    property line of the school is 97.8 feet;
10        (4) the school is a City of Chicago School District 299
11    school;
12        (5) the school has been operating since 1959;
13        (6) the primary entrance to the premises and the
14    primary entrance to the school are located on the same
15    street;
16        (7) the street on which the entrances of the premises
17    and the school are located is a major diagonal
18    thoroughfare;
19        (8) the premises is a single-story building of
20    approximately 2,900 square feet; and
21        (9) the premises is used for commercial purposes only.
22    (z) 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 a premises that is located within a municipality with
26a population in excess of 1,000,000 inhabitants and within 100

 

 

09900SB1516ham002- 21 -LRB099 07834 RPS 36398 a

1feet of a mosque if:
2        (1) the sale of alcoholic liquor is not the principal
3    business carried on by the licensee at the premises;
4        (2) the licensee shall only sell packaged liquors at
5    the premises;
6        (3) the licensee is a national retail chain having over
7    100 locations within the municipality;
8        (4) the licensee has over 8,000 locations nationwide;
9        (5) the licensee has locations in all 50 states;
10        (6) the premises is located in the North-East quadrant
11    of the municipality;
12        (7) the premises is a free-standing building that has
13    "drive-through" pharmacy service;
14        (8) the premises has approximately 14,490 square feet
15    of retail space;
16        (9) the premises has approximately 799 square feet of
17    pharmacy space;
18        (10) the premises is located on a major arterial street
19    that runs east-west and accepts truck traffic; and
20        (11) the alderman of the ward in which the premises is
21    located has expressed, in writing, his or her support for
22    the issuance of the license.
23    (aa) 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 at a premises that is located within a municipality with

 

 

09900SB1516ham002- 22 -LRB099 07834 RPS 36398 a

1a population in excess of 1,000,000 inhabitants and within 100
2feet of a church if:
3        (1) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the premises;
5        (2) the licensee shall only sell packaged liquors at
6    the premises;
7        (3) the licensee is a national retail chain having over
8    100 locations within the municipality;
9        (4) the licensee has over 8,000 locations nationwide;
10        (5) the licensee has locations in all 50 states;
11        (6) the premises is located in the North-East quadrant
12    of the municipality;
13        (7) the premises is located across the street from a
14    national grocery chain outlet;
15        (8) the premises has approximately 16,148 square feet
16    of retail space;
17        (9) the premises has approximately 992 square feet of
18    pharmacy space;
19        (10) the premises is located on a major arterial street
20    that runs north-south and accepts truck traffic; and
21        (11) 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    (bb) Notwithstanding any provision of this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license authorizing the sale of alcoholic

 

 

09900SB1516ham002- 23 -LRB099 07834 RPS 36398 a

1liquor at a premises that is located within a municipality with
2a population in excess of 1,000,000 inhabitants and within 100
3feet of a church if:
4        (1) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (2) the sale of alcoholic liquor at the premises is
7    incidental to the sale of food;
8        (3) the primary entrance to the premises and the
9    primary entrance to the church are located on the same
10    street;
11        (4) the premises is across the street from the church;
12        (5) the street on which the premises and the church are
13    located is a major arterial street that runs east-west;
14        (6) the church is an elder-led and Bible-based Assyrian
15    church;
16        (7) the premises and the church are both single-story
17    buildings;
18        (8) the storefront directly west of the church is being
19    used as a restaurant; and
20        (9) the distance between the northern-most property
21    line of the premises and the southern-most property line of
22    the church is 65 feet.
23    (cc) 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 at a premises that is located within a municipality with

 

 

09900SB1516ham002- 24 -LRB099 07834 RPS 36398 a

1a population in excess of 1,000,000 inhabitants and within 100
2feet of a school if:
3        (1) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the premises;
5        (2) the licensee shall only sell packaged liquors at
6    the premises;
7        (3) the licensee is a national retail chain;
8        (4) as of October 25, 2011, the licensee has 1,767
9    stores operating nationwide, 87 stores operating in the
10    State, and 10 stores operating within the municipality;
11        (5) the licensee shall occupy approximately 124,000
12    square feet of space in the basement and first and second
13    floors of a building located across the street from a
14    school;
15        (6) the school opened in August of 2009 and occupies
16    approximately 67,000 square feet of space; and
17        (7) the building in which the premises shall be located
18    has been listed on the National Register of Historic Places
19    since April 17, 1970.
20    (dd) Notwithstanding any provision in this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license authorizing the sale of alcoholic
23liquor within a full-service grocery store at a premises that
24is located within a municipality with a population in excess of
251,000,000 inhabitants and is within 100 feet of a school if:
26        (1) the premises is constructed on land that was

 

 

09900SB1516ham002- 25 -LRB099 07834 RPS 36398 a

1    purchased from the municipality at a fair market price;
2        (2) the premises is constructed on land that was
3    previously used as a parking facility for public safety
4    employees;
5        (3) the sale of alcoholic liquor is not the principal
6    business carried on by the licensee at the premises;
7        (4) the main entrance to the store is more than 100
8    feet from the main entrance to the school;
9        (5) the premises is to be new construction;
10        (6) the school is a private school;
11        (7) the principal of the school has given written
12    approval for the license;
13        (8) the alderman of the ward where the premises is
14    located has given written approval of the issuance of the
15    license;
16        (9) the grocery store level of the premises is between
17    60,000 and 70,000 square feet; and
18        (10) the owner and operator of the grocery store
19    operates 2 other grocery stores that have alcoholic liquor
20    licenses within the same municipality.
21    (ee) 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 within a full-service grocery store at a premises that
25is located within a municipality with a population in excess of
261,000,000 inhabitants and is within 100 feet of a school if:

 

 

09900SB1516ham002- 26 -LRB099 07834 RPS 36398 a

1        (1) the premises is constructed on land that once
2    contained an industrial steel facility;
3        (2) the premises is located on land that has undergone
4    environmental remediation;
5        (3) the premises is located within a retail complex
6    containing retail stores where some of the stores sell
7    alcoholic beverages;
8        (4) the principal activity of any restaurant in the
9    retail complex is the sale of food, and the sale of
10    alcoholic liquor is incidental to the sale of food;
11        (5) the sale of alcoholic liquor is not the principal
12    business carried on by the grocery store;
13        (6) the entrance to any business that sells alcoholic
14    liquor is more than 100 feet from the entrance to the
15    school;
16        (7) the alderman of the ward where the premises is
17    located has given written approval of the issuance of the
18    license; and
19        (8) the principal of the school has given written
20    consent to the issuance of the license.
21    (ff) 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 school if:

 

 

09900SB1516ham002- 27 -LRB099 07834 RPS 36398 a

1        (1) the sale of alcoholic liquor is not the principal
2    business carried on at 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 is a one and one-half-story building
6    of approximately 10,000 square feet;
7        (4) the school is a City of Chicago School District 299
8    school;
9        (5) the primary entrance of the premises and the
10    primary entrance of the school are at least 300 feet apart
11    and no more than 400 feet apart;
12        (6) the alderman of the ward in which the premises is
13    located has expressed, in writing, his support for the
14    issuance of the license; and
15        (7) the principal of the school has expressed, in
16    writing, that there is no objection to the issuance of a
17    license under this subsection (ff).
18    (gg) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor incidental to the sale of food within a restaurant or
22banquet facility established in a premises that is located in a
23municipality with a population in excess of 1,000,000
24inhabitants and within 100 feet of a church if:
25        (1) the sale of alcoholic liquor is not the principal
26    business carried on by the licensee at the premises;

 

 

09900SB1516ham002- 28 -LRB099 07834 RPS 36398 a

1        (2) the property on which the church is located and the
2    property on which the premises are located are both within
3    a district originally listed on the National Register of
4    Historic Places on February 14, 1979;
5        (3) the property on which the premises are located
6    contains one or more multi-story buildings that are at
7    least 95 years old and have no more than three stories;
8        (4) the building in which the church is located is at
9    least 120 years old;
10        (5) the property on which the church is located is
11    immediately adjacent to and west of the property on which
12    the premises are located;
13        (6) the western boundary of the property on which the
14    premises are located is no less than 118 feet in length and
15    no more than 122 feet in length;
16        (7) as of December 31, 2012, both the church property
17    and the property on which the premises are located are
18    within 250 feet of City of Chicago Business-Residential
19    Planned Development Number 38;
20        (8) the principal religious leader at the place of
21    worship has indicated his or her support for the issuance
22    of the license in writing; and
23        (9) the alderman in whose district the premises are
24    located has expressed his or her support for the issuance
25    of the license in writing.
26    For the purposes of this subsection, "banquet facility"

 

 

09900SB1516ham002- 29 -LRB099 07834 RPS 36398 a

1means the part of the building that is located on the floor
2above a restaurant and caters to private parties and where the
3sale of alcoholic liquors is not the principal business.
4    (hh) Notwithstanding any provision of this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6or renewal of a license authorizing the sale of alcoholic
7liquor within a hotel and at an outdoor patio area attached to
8the hotel that are located in a municipality with a population
9in excess of 1,000,000 inhabitants and that are within 100 feet
10of a hospital if:
11        (1) the sale of alcoholic liquor is not the principal
12    business carried on by the licensee at the hotel;
13        (2) the hotel is located within the City of Chicago
14    Business Planned Development Number 468; and
15        (3) the hospital is located within the City of Chicago
16    Institutional Planned Development Number 3.
17    (ii) Notwithstanding any provision of this Section to the
18contrary, nothing in this Section shall prohibit the issuance
19or renewal of a license authorizing the sale of alcoholic
20liquor within a restaurant and at an outdoor patio area
21attached to the restaurant that are located in a municipality
22with a population in excess of 1,000,000 inhabitants and that
23are within 100 feet of a church if:
24        (1) the sale of alcoholic liquor at the premises is not
25    the principal business carried on by the licensee and is
26    incidental to the sale of food;

 

 

09900SB1516ham002- 30 -LRB099 07834 RPS 36398 a

1        (2) the restaurant has been operated on the street
2    level of a 2-story building located on a corner lot since
3    2008;
4        (3) the restaurant is between 3,700 and 4,000 square
5    feet and sits on a lot that is no more than 6,200 square
6    feet;
7        (4) the primary entrance to the restaurant and the
8    primary entrance to the church are located on the same
9    street;
10        (5) the street on which the restaurant and the church
11    are located is a major east-west street;
12        (6) the restaurant and the church are separated by a
13    one-way northbound street;
14        (7) the church is located to the west of and no more
15    than 65 feet from the restaurant; and
16        (8) the principal religious leader at the place of
17    worship has indicated his or her consent to the issuance of
18    the license in writing.
19    (jj) Notwithstanding any provision of this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of a license authorizing the sale of alcoholic
22liquor at premises located within a municipality with a
23population in excess of 1,000,000 inhabitants and within 100
24feet of a church if:
25        (1) the sale of alcoholic liquor is not the principal
26    business carried on by the licensee at the premises;

 

 

09900SB1516ham002- 31 -LRB099 07834 RPS 36398 a

1        (2) the sale of alcoholic liquor is incidental to the
2    sale of food;
3        (3) the premises are located east of the church, on
4    perpendicular streets, and separated by an alley;
5        (4) the distance between the primary entrance of the
6    premises and the primary entrance of the church is at least
7    175 feet;
8        (5) the distance between the property line of the
9    premises and the property line of the church is at least 40
10    feet;
11        (6) the licensee has been operating at the premises
12    since 2012;
13        (7) the church was constructed in 1904;
14        (8) the alderman of the ward in which the premises is
15    located has expressed, in writing, his or her support for
16    the issuance of the license; and
17        (9) the principal religious leader of the church has
18    delivered a written statement that he or she does not
19    object to the issuance of a license under this subsection
20    (jj).
21    (kk) 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 school if:

 

 

09900SB1516ham002- 32 -LRB099 07834 RPS 36398 a

1        (1) the sale of alcoholic liquor is not the principal
2    business carried on by the licensee at the premises;
3        (2) the licensee shall only sell packaged liquors on
4    the premises;
5        (3) the licensee is a national retail chain;
6        (4) as of February 27, 2013, the licensee had 1,778
7    stores operating nationwide, 89 operating in this State,
8    and 11 stores operating within the municipality;
9        (5) the licensee shall occupy approximately 169,048
10    square feet of space within a building that is located
11    across the street from a tuition-based preschool; and
12        (6) 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    (ll) 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 school if:
21        (1) the sale of alcoholic liquor is not the principal
22    business carried on by the licensee at the premises;
23        (2) the licensee shall only sell packaged liquors on
24    the premises;
25        (3) the licensee is a national retail chain;
26        (4) as of February 27, 2013, the licensee had 1,778

 

 

09900SB1516ham002- 33 -LRB099 07834 RPS 36398 a

1    stores operating nationwide, 89 operating in this State,
2    and 11 stores operating within the municipality;
3        (5) the licensee shall occupy approximately 191,535
4    square feet of space within a building that is located
5    across the street from an elementary school; and
6        (6) the alderman of the ward in which the premises is
7    located has expressed, in writing, his or her support for
8    the issuance of the license.
9    (mm) 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 within premises and at an outdoor patio or sidewalk
13cafe, or both, attached to premises that are located in a
14municipality with a population in excess of 1,000,000
15inhabitants and that are within 100 feet of a hospital if:
16        (1) the primary business of the restaurant consists of
17    the sale of food where the sale of liquor is incidental to
18    the sale of food;
19        (2) as a restaurant, the premises may or may not offer
20    catering as an incidental part of food service;
21        (3) the primary business of the restaurant is conducted
22    in space owned by a hospital or an entity owned or
23    controlled by, under common control with, or that controls
24    a hospital, and the chief hospital administrator has
25    expressed his or her support for the issuance of the
26    license in writing; and

 

 

09900SB1516ham002- 34 -LRB099 07834 RPS 36398 a

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

 

 

09900SB1516ham002- 35 -LRB099 07834 RPS 36398 a

1    has expressed his or her support for the issuance of the
2    license in writing.
3    (oo) Notwithstanding any provision of this Section to the
4contrary, nothing in this Section shall prohibit the issuance
5or renewal of a license authorizing the sale of alcoholic
6liquor at a premises that is located within a municipality with
7a population in excess of 1,000,000 inhabitants and within 100
8feet of a mosque, church, or other place of worship if:
9        (1) the primary entrance of the premises and the
10    primary entrance of the mosque, church, or other place of
11    worship are perpendicular and are on different streets;
12        (2) the primary entrance to the premises faces West and
13    the primary entrance to the mosque, church, or other place
14    of worship faces South;
15        (3) the distance between the 2 primary entrances is at
16    least 100 feet;
17        (4) the mosque, church, or other place of worship was
18    established in a location within 100 feet of the premises
19    after a license for the sale of alcohol at the premises was
20    first issued;
21        (5) the mosque, church, or other place of worship was
22    established on or around January 1, 2011;
23        (6) a license for the sale of alcohol at the premises
24    was first issued on or before January 1, 1985;
25        (7) a license for the sale of alcohol at the premises
26    has been continuously in effect since January 1, 1985,

 

 

09900SB1516ham002- 36 -LRB099 07834 RPS 36398 a

1    except for interruptions between licenses of no more than
2    90 days; and
3        (8) the premises are a single-story, single-use
4    building of at least 3,000 square feet and no more than
5    3,380 square feet.
6    (pp) 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 incidental to the sale of food within a restaurant or
10banquet facility established on premises that are located in a
11municipality with a population in excess of 1,000,000
12inhabitants and within 100 feet of at least one church if:
13        (1) the sale of liquor shall not be the principal
14    business carried on by the licensee at the premises;
15        (2) the premises are at least 2,000 square feet and no
16    more than 10,000 square feet and is located in a
17    single-story building;
18        (3) the property on which the premises are located is
19    within an area that, as of 2009, was designated as a
20    Renewal Community by the United States Department of
21    Housing and Urban Development;
22        (4) the property on which the premises are located and
23    the properties on which the churches are located are on the
24    same street;
25        (5) the property on which the premises are located is
26    immediately adjacent to and east of the property on which

 

 

09900SB1516ham002- 37 -LRB099 07834 RPS 36398 a

1    at least one of the churches is located;
2        (6) the property on which the premises are located is
3    across the street and southwest of the property on which
4    another church is located;
5        (7) the principal religious leaders of the churches
6    have indicated their support for the issuance of the
7    license in writing; and
8        (8) the alderman in whose ward the premises are located
9    has expressed his or her support for the issuance of the
10    license in writing.
11    For purposes of this subsection (pp), "banquet facility"
12means the part of the building that caters to private parties
13and where the sale of alcoholic liquors is not the principal
14business.
15    (qq) 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 on premises that are located within a municipality with
19a population in excess of 1,000,000 inhabitants and within 100
20feet of a church or school if:
21        (1) the primary entrance of the premises and the
22    closest entrance of the church or school are at least 200
23    feet apart and no greater than 300 feet apart;
24        (2) the shortest distance between the premises and the
25    church or school is at least 66 feet apart and no greater
26    than 81 feet apart;

 

 

09900SB1516ham002- 38 -LRB099 07834 RPS 36398 a

1        (3) the premises are a single-story, steel-framed
2    commercial building with at least 18,042 square feet, and
3    was constructed in 1925 and 1997;
4        (4) the owner of the business operated within the
5    premises has been the general manager of a similar
6    supermarket within one mile from the premises, which has
7    had a valid license authorizing the sale of alcoholic
8    liquor since 2002, and is in good standing with the City of
9    Chicago;
10        (5) the principal religious leader at the place of
11    worship has indicated his or her support to the issuance or
12    renewal of the license in writing;
13        (6) the alderman of the ward has indicated his or her
14    support to the issuance or renewal of the license in
15    writing; and
16        (7) the principal of the school has indicated his or
17    her support to the issuance or renewal of the license in
18    writing.
19    (rr) Notwithstanding any provision of this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of a license authorizing the sale of alcoholic
22liquor at premises located within a municipality with a
23population in excess of 1,000,000 inhabitants and within 100
24feet of a club that leases space to a school if:
25        (1) the sale of alcoholic liquor is not the principal
26    business carried out on the premises;

 

 

09900SB1516ham002- 39 -LRB099 07834 RPS 36398 a

1        (2) the sale of alcoholic liquor at the premises is
2    incidental to the operation of a grocery store;
3        (3) the premises are a building of approximately 1,750
4    square feet and is rented by the owners of the grocery
5    store from a family member;
6        (4) the property line of the premises is approximately
7    68 feet from the property line of the club;
8        (5) the primary entrance of the premises and the
9    primary entrance of the club where the school leases space
10    are at least 100 feet apart;
11        (6) the director of the club renting space to the
12    school has indicated his or her consent to the issuance of
13    the license in writing; and
14        (7) 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    (ss) Notwithstanding any provision of this Section to the
18contrary, nothing in this Section shall prohibit the issuance
19or renewal of a license authorizing the sale of alcoholic
20liquor at premises located within a municipality with a
21population in excess of 1,000,000 inhabitants and within 100
22feet of a church if:
23        (1) the premises are located within a 15 unit building
24    with 13 residential apartments and 2 commercial spaces, and
25    the licensee will occupy both commercial spaces;
26        (2) a restaurant has been operated on the premises

 

 

09900SB1516ham002- 40 -LRB099 07834 RPS 36398 a

1    since June 2011;
2        (3) the restaurant currently occupies 1,075 square
3    feet, but will be expanding to include 975 additional
4    square feet;
5        (4) the sale of alcoholic liquor is not the principal
6    business carried on by the licensee at the premises;
7        (5) the premises are located south of the church and on
8    the same street and are separated by a one-way westbound
9    street;
10        (6) the primary entrance of the premises is at least 93
11    feet from the primary entrance of the church;
12        (7) the shortest distance between any part of the
13    premises and any part of the church is at least 72 feet;
14        (8) the building in which the restaurant is located was
15    built in 1910;
16        (9) the alderman of the ward in which the premises are
17    located has expressed, in writing, his or her support for
18    the issuance of the license; and
19        (10) the principal religious leader of the church has
20    delivered a written statement that he or she does not
21    object to the issuance of a license under this subsection
22    (ss).
23    (tt) 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 at premises located within a municipality with a

 

 

09900SB1516ham002- 41 -LRB099 07834 RPS 36398 a

1population in excess of 1,000,000 inhabitants and within 100
2feet of a church if:
3        (1) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the premises;
5        (2) the sale of alcoholic liquor is incidental to the
6    sale of food;
7        (3) the sale of alcoholic liquor at the premises was
8    previously authorized by a package goods liquor license;
9        (4) the premises are at least 40,000 square feet with
10    25 parking spaces in the contiguous surface lot to the
11    north of the store and 93 parking spaces on the roof;
12        (5) the shortest distance between the lot line of the
13    parking lot of the premises and the exterior wall of the
14    church is at least 80 feet;
15        (6) the distance between the building in which the
16    church is located and the building in which the premises
17    are located is at least 180 feet;
18        (7) the main entrance to the church faces west and is
19    at least 257 feet from the main entrance of the premises;
20    and
21        (8) the applicant is the owner of 10 similar grocery
22    stores within the City of Chicago and the surrounding area
23    and has been in business for more than 30 years.
24    (uu) Notwithstanding any provision of this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license authorizing the sale of alcoholic

 

 

09900SB1516ham002- 42 -LRB099 07834 RPS 36398 a

1liquor at premises located within a municipality with a
2population in excess of 1,000,000 inhabitants and within 100
3feet of a church if:
4        (1) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (2) the sale of alcoholic liquor is incidental to the
7    operation of a grocery store;
8        (3) the premises are located in a building that is
9    approximately 68,000 square feet with 157 parking spaces on
10    property that was previously vacant land;
11        (4) the main entrance to the church faces west and is
12    at least 500 feet from the entrance of the premises, which
13    faces north;
14        (5) the church and the premises are separated by an
15    alley;
16        (6) the applicant is the owner of 9 similar grocery
17    stores in the City of Chicago and the surrounding area and
18    has been in business for more than 40 years; and
19        (7) the alderman of the ward in which the premises are
20    located has expressed, in writing, his or her support for
21    the issuance of the license.
22    (vv) 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

 

 

09900SB1516ham002- 43 -LRB099 07834 RPS 36398 a

1feet of a church if:
2        (1) the sale of alcoholic liquor is the principal
3    business carried on by the licensee at the premises;
4        (2) the sale of alcoholic liquor is primary to the sale
5    of food;
6        (3) the premises are located south of the church and on
7    perpendicular streets and are separated by a driveway;
8        (4) the primary entrance of the premises is at least
9    100 feet from the primary entrance of the church;
10        (5) the shortest distance between any part of the
11    premises and any part of the church is at least 15 feet;
12        (6) the premises are less than 100 feet from the church
13    center, but greater than 100 feet from the area within the
14    building where church services are held;
15        (7) the premises are 25,830 square feet and sit on a
16    lot that is 0.48 acres;
17        (8) the premises were once designated as a Korean
18    American Presbyterian Church and were once used as a
19    Masonic Temple;
20        (9) the premises were built in 1910;
21        (10) the alderman of the ward in which the premises are
22    located has expressed, in writing, his or her support for
23    the issuance of the license; and
24        (11) the principal religious leader of the church has
25    delivered a written statement that he or she does not
26    object to the issuance of a license under this subsection

 

 

09900SB1516ham002- 44 -LRB099 07834 RPS 36398 a

1    (vv).
2    For the purposes of this subsection (vv), "premises" means
3a place of business together with a privately owned outdoor
4location that is adjacent to the place of business.
5    (ww) Notwithstanding any provision of this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license authorizing the sale of alcoholic
8liquor at premises located within a municipality with a
9population in excess of 1,000,000 inhabitants and within 100
10feet of a school if:
11        (1) the school is located within Sub Area III of City
12    of Chicago Residential-Business Planned Development Number
13    523, as amended; and
14        (2) the premises are located within Sub Area I, Sub
15    Area II, or Sub Area IV of City of Chicago
16    Residential-Business Planned Development Number 523, as
17    amended.
18    (xx) Notwithstanding any provision of 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 premises located within a municipality with a
22population in excess of 1,000,000 inhabitants and within 100
23feet of a church if:
24        (1) the sale of wine or wine-related products is the
25    exclusive business carried on by the licensee at the
26    premises;

 

 

09900SB1516ham002- 45 -LRB099 07834 RPS 36398 a

1        (2) the primary entrance of the premises and the
2    primary entrance of the church are at least 100 feet apart
3    and are located on different streets;
4        (3) the building in which the premises are located and
5    the building in which the church is located are separated
6    by an alley;
7        (4) the premises consists of less than 2,000 square
8    feet of floor area dedicated to the sale of wine or
9    wine-related products;
10        (5) the premises are located on the first floor of a
11    2-story building that is at least 99 years old and has a
12    residential unit on the second floor; and
13        (6) the principal religious leader at the church has
14    indicated his or her support for the issuance or renewal of
15    the license in writing.
16(Source: P.A. 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634,
17eff. 12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12;
1897-806, eff. 7-13-12; 97-1166, eff. 3-1-13; 98-274, eff.
198-9-13; 98-463, eff. 8-16-13; 98-571, eff. 8-27-13; 98-592,
20eff. 11-15-13; 98-1092, eff. 8-26-14; 98-1158, eff. 1-9-15;
2109900SB0398ham002.)"; and
 
22on page 7, line 10, after "law", by inserting ", except that
23Section 10 takes effect upon becoming law or on the date Senate
24Bill 398 of the 99th General Assembly takes effect, whichever
25is later".