State of Illinois
92nd General Assembly
Legislation

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92_HB5806

 
                                               LRB9214207LDcs

 1        AN ACT in relation to alcoholic 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 6-11 as follows:

 6        (235 ILCS 5/6-11) (from Ch. 43, par. 127)
 7        Sec. 6-11.  No license shall be issued for  the  sale  at
 8    retail of any alcoholic liquor within 100 feet of any church,
 9    school   other   than  an  institution  of  higher  learning,
10    hospital, home for aged or indigent persons or for  veterans,
11    their  spouses  or children or any military or naval station,
12    provided, that this prohibition shall  not  apply  to  hotels
13    offering restaurant service, regularly organized clubs, or to
14    restaurants,  food  shops  or  other  places  where  sale  of
15    alcoholic liquors is not the principal business carried on if
16    the  place  of  business  so  exempted  is  not  located in a
17    municipality of more than 500,000 persons, unless required by
18    local ordinance; nor to the renewal of a license for the sale
19    at retail of alcoholic liquor on premises within 100 feet  of
20    any  church  or  school  where  the church or school has been
21    established within such 100 feet since the  issuance  of  the
22    original  license.   In the case of a church, the distance of
23    100 feet shall  be  measured  to  the  nearest  part  of  any
24    building  used  for  worship services or educational programs
25    and not to property boundaries.
26        Nothing in this Section shall prohibit the issuance of  a
27    retail  license authorizing the sale of alcoholic liquor to a
28    restaurant, the primary business of  which  is  the  sale  of
29    goods  baked  on  the premises if (i) the restaurant is newly
30    constructed and located on a lot  of  not  less  than  10,000
31    square feet, (ii) the restaurant costs at least $1,000,000 to
 
                            -2-                LRB9214207LDcs
 1    construct,  (iii)  the  licensee  is  the  titleholder to the
 2    premises  and  resides  on  the  premises,   and   (iv)   the
 3    construction  of the restaurant is completed within 18 months
 4    of the effective date of this amendatory Act of 1998.
 5        Nothing in this Section shall prohibit the issuance of  a
 6    retail  license  authorizing  the  sale  of  alcoholic liquor
 7    incidental to a restaurant if (1) the primary business of the
 8    restaurant consists of the sale of food  where  the  sale  of
 9    liquor is incidental to the sale of food and the applicant is
10    a completely new owner of the restaurant, (2) the immediately
11    prior  owner or operator of the premises where the restaurant
12    is located operated the premises as a restaurant and  held  a
13    valid retail license authorizing the sale of alcoholic liquor
14    at  the  restaurant for at least part of the 24 months before
15    the change of ownership, and (3) the restaurant is located 70
16    75 or more feet from a school.
17        In the interest of further developing  Illinois'  economy
18    in  the  area  of  commerce, tourism, convention, and banquet
19    business, nothing in this Section shall prohibit issuance  of
20    a  retail license authorizing the sale of alcoholic beverages
21    to a restaurant, banquet facility, grocery  store,  or  hotel
22    having  not  fewer than 150 guest room accommodations located
23    in   a   municipality   of   more   than   500,000   persons,
24    notwithstanding the  proximity  of  such  hotel,  restaurant,
25    banquet  facility,  or grocery store to any church or school,
26    if the licensed premises described on the license are located
27    within an enclosed mall or building of a height of at least 6
28    stories, or 60 feet in the case of a building that  has  been
29    registered  as  a  national  landmark,  or in a grocery store
30    having a minimum of 56,010 square feet of floor  space  in  a
31    single  story building in an open mall of at least 3.96 acres
32    that is adjacent to a public school that  opened  as  a  boys
33    technical  high school in 1934, and in each of these cases if
34    the sale of alcoholic liquors is not the  principal  business
 
                            -3-                LRB9214207LDcs
 1    carried on by 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
 4    the sale of alcoholic liquors is not the principal business.
 5        Nothing in this Section shall prohibit the issuance of  a
 6    license  to  a  church  or  private  school to sell at retail
 7    alcoholic liquor if any such sales  are  limited  to  periods
 8    when  groups  are  assembled  on  the premises solely for the
 9    promotion of some  common  object  other  than  the  sale  or
10    consumption of alcoholic liquors.
11        Nothing in this Section shall prohibit a church or church
12    affiliated  school  located  in a municipality with 75,000 or
13    more inhabitants from locating within 100 feet of a  property
14    for  which  there  is a preexisting license to sell alcoholic
15    liquor at retail.   In  these  instances,  the  local  zoning
16    authority  may,  by ordinance adopted simultaneously with the
17    granting of an initial special  use  zoning  permit  for  the
18    church or church affiliated school, provide that the 100-foot
19    restriction in this Section shall not apply to that church or
20    church affiliated school and future retail liquor licenses.
21    (Source:  P.A.  90-617,  eff.  7-10-98; 90-655, eff. 7-30-98;
22    91-357, eff. 7-29-99; 91-623, eff. 1-1-00.)

23        Section 99.  Effective date.  This Act takes effect  upon
24    becoming law.

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