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| [ House Amendment 001 ] |
90_HB3254sam002
LRB9011110NTsbam
1 AMENDMENT TO HOUSE BILL 3254
2 AMENDMENT NO. . Amend House Bill 3254 on page 1,
3 line 1, after "by" by inserting "changing Section 6-11 and";
4 and
5 on page 1, line 5, after "by" by inserting "changing Section
6 6-11 and"; and
7 on page 1, by inserting the following immediately after line
8 6:
9 "(235 ILCS 5/6-11) (from Ch. 43, par. 127)
10 Sec. 6-11. No license shall be issued for the sale at
11 retail of any alcoholic liquor within 100 feet of any church,
12 school other than an institution of higher learning,
13 hospital, home for aged or indigent persons or for veterans,
14 their spouses or children or any military or naval station,
15 provided, that this prohibition shall not apply to hotels
16 offering restaurant service, regularly organized clubs, or to
17 restaurants, food shops or other places where sale of
18 alcoholic liquors is not the principal business carried on if
19 the place of business so exempted is not located in a
20 municipality of more than 500,000 persons, unless required by
21 local ordinance; nor to the renewal of a license for the sale
22 at retail of alcoholic liquor on premises within 100 feet of
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1 any church or school where the church or school has been
2 established within such 100 feet since the issuance of the
3 original license. In the case of a church, the distance of
4 100 feet shall be measured to the nearest part of any
5 building used for worship services or educational programs
6 and not to property boundaries.
7 Nothing in this Section shall prohibit the issuance of a
8 retail license authorizing the sale of alcoholic liquor to a
9 restaurant, the primary business of which is the sale of
10 goods baked on the premises if (i) the restaurant is newly
11 constructed and located on a lot of not less than 10,000
12 square feet, (ii) the restaurant costs at least $1,000,000 to
13 construct, (iii) the licensee is the titleholder to the
14 premises and resides on the premises, and (iv) the
15 construction of the restaurant is completed within 18 months
16 of the effective date of this amendatory Act of 1998.
17 In the interest of further developing Illinois' economy
18 in the area of tourism, convention, and banquet business,
19 nothing in this Section shall prohibit issuance of a retail
20 license authorizing the sale of alcoholic beverages to a
21 restaurant, banquet facility, or hotel having not fewer than
22 150 guest room accommodations located in a municipality of
23 more than 500,000 persons, notwithstanding the proximity of
24 such hotel, restaurant, or banquet facility to any church or
25 school, if the licensed premises described on the license are
26 located within an enclosed mall or building of a height of at
27 least 6 stories, or 60 feet in the case of a building that
28 has been registered as a national landmark, and in either
29 case if the sale of alcoholic liquors is not the principal
30 business carried on by the license.
31 For purposes of this Section, a "banquet facility" is any
32 part of a building that caters to private parties and where
33 the sale of alcoholic liquors is not the principal business.
34 Nothing in this Section shall prohibit the issuance of a
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1 license to a church or private school to sell at retail
2 alcoholic liquor if any such sales are limited to periods
3 when groups are assembled on the premises solely for the
4 promotion of some common object other than the sale or
5 consumption of alcoholic liquors.
6 Nothing in this Section shall prohibit a church or church
7 affiliated school located in a municipality with 75,000 or
8 more inhabitants from locating within 100 feet of a property
9 for which there is a preexisting license to sell alcoholic
10 liquor at retail. In these instances, the local zoning
11 authority may, by ordinance adopted simultaneously with the
12 granting of an initial special use zoning permit for the
13 church or church affiliated school, provide that the 100-foot
14 restriction in this Section shall not apply to that church or
15 church affiliated school and future retail liquor licenses.
16 (Source: P.A. 89-308, eff. 1-1-96; 89-709, eff. 2-14-97;
17 revised 2-20-97.)"; and
18 on page 2, below line 14, by inserting the following:
19 "Section 99. Effective date. This Act takes effect upon
20 becoming law.".