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Public Act 100-0038 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Liquor Control Act of 1934 is amended by | ||||
changing Section 6-11 as follows:
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(235 ILCS 5/6-11)
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Sec. 6-11. Sale near churches, schools, and hospitals.
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(a) No license shall be issued for the sale at retail of | ||||
any
alcoholic liquor within 100 feet of any church, school | ||||
other than an
institution of higher learning, hospital, home | ||||
for aged or indigent
persons or for veterans, their spouses or | ||||
children or any military or
naval station, provided, that this | ||||
prohibition shall not apply to hotels
offering restaurant | ||||
service, regularly organized clubs, or to
restaurants, food | ||||
shops or other places where sale of alcoholic liquors
is not | ||||
the principal business carried on if the place of business so
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exempted is not located in a municipality of more than 500,000 | ||||
persons,
unless required by local ordinance; nor to the renewal | ||||
of a license for the
sale at retail of alcoholic liquor on | ||||
premises within 100 feet of any church
or school where the | ||||
church or school has been established within such
100 feet | ||||
since the issuance of the original license. In the case of a
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church, the distance of 100 feet shall be measured to the |
nearest part
of any building used for worship services or | ||
educational programs and
not to property boundaries.
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(b) Nothing in this Section shall prohibit the issuance of | ||
a retail
license
authorizing the sale of alcoholic liquor to a | ||
restaurant, the primary business
of which is the sale of goods | ||
baked on the premises if (i) the restaurant is
newly | ||
constructed and located on a lot of not less than 10,000 square | ||
feet,
(ii) the restaurant costs at least $1,000,000 to | ||
construct, (iii) the licensee
is the titleholder to the | ||
premises and resides on the premises, and (iv) the
construction | ||
of the restaurant is completed within 18 months of July 10, | ||
1998 (the effective
date of Public Act 90-617).
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(c) Nothing in this Section shall prohibit the issuance of | ||
a retail
license
authorizing the sale of alcoholic liquor | ||
incidental to a restaurant if (1) the
primary
business of the | ||
restaurant consists of the sale of food where the sale of
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liquor is incidental to the sale of food and the applicant is a | ||
completely new
owner of the restaurant, (2) the immediately
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prior owner or operator of the premises where the restaurant is | ||
located
operated the premises as a restaurant and held a valid | ||
retail license
authorizing the
sale of alcoholic liquor at the | ||
restaurant for at least part of the 24 months
before the
change | ||
of ownership, and (3) the restaurant is located 75 or more feet | ||
from a
school.
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(d) In the interest of further developing Illinois' economy | ||
in the area
of
commerce, tourism, convention, and banquet |
business, nothing in this
Section shall
prohibit issuance of a | ||
retail license authorizing the sale of alcoholic
beverages to a | ||
restaurant, banquet facility, grocery store, or hotel having
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not fewer than
150 guest room accommodations located in a | ||
municipality of more than 500,000
persons, notwithstanding the | ||
proximity of such hotel, restaurant,
banquet facility, or | ||
grocery store to any church or school, if the licensed
premises
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described on the license are located within an enclosed mall or | ||
building of a
height of at least 6 stories, or 60 feet in the | ||
case of a building that has
been registered as a national | ||
landmark, or in a grocery store having a
minimum of 56,010 | ||
square feet of floor space in a single story building in an
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open mall of at least 3.96 acres that is adjacent to a public | ||
school that
opened as a boys technical high school in 1934, or | ||
in a grocery store having a minimum of 31,000 square feet of | ||
floor space in a single story building located a distance of | ||
more than 90 feet but less than 100 feet from a high school | ||
that opened in 1928 as a junior high school and became a senior | ||
high school in 1933, and in each of these
cases if the sale of
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alcoholic liquors is not the principal business carried on by | ||
the licensee.
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For purposes of this Section, a "banquet facility" is any | ||
part of a
building that caters to private parties and where the | ||
sale of alcoholic liquors
is not the principal business.
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(e) Nothing in this Section shall prohibit the issuance of | ||
a license to
a
church or private school to sell at retail |
alcoholic liquor if any such
sales are limited to periods when | ||
groups are assembled on the premises
solely for the promotion | ||
of some common object other than the sale or
consumption of | ||
alcoholic liquors.
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(f) Nothing in this Section shall prohibit a church or | ||
church affiliated
school
located in a home rule municipality or | ||
in a municipality with 75,000 or more
inhabitants from locating
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within 100 feet of a property for which there is a preexisting | ||
license to sell
alcoholic liquor at retail. In these instances, | ||
the local zoning authority
may, by ordinance adopted | ||
simultaneously with the granting of an initial
special use | ||
zoning permit for the church or church affiliated school, | ||
provide
that the 100-foot restriction in this Section shall not | ||
apply to that church or
church affiliated school and future | ||
retail liquor licenses.
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(g) Nothing in this Section shall prohibit the issuance of | ||
a retail
license authorizing the sale of alcoholic liquor at | ||
premises within 100 feet,
but not less than 90 feet, of a | ||
public school if (1) the premises have been
continuously | ||
licensed to sell alcoholic liquor
for a period of at least 50 | ||
years,
(2) the premises are located in a municipality having a | ||
population of over
500,000 inhabitants, (3) the licensee is an | ||
individual who is a member of a
family that has held the | ||
previous 3 licenses for that location for more than 25
years, | ||
(4) the
principal of the school and the alderman of the ward in | ||
which the school is
located have delivered a written statement |
to the local liquor control
commissioner stating that they do | ||
not object to the issuance of a license
under this subsection | ||
(g), and (5) the local liquor control commissioner has
received | ||
the written consent of a majority of the registered voters who | ||
live
within 200 feet of the premises.
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(h) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within premises and at an outdoor patio area attached to | ||
premises that are located in a municipality with a population | ||
in excess of 300,000 inhabitants and that are within 100 feet | ||
of a church if:
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(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food,
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(2) the sale of liquor is not the principal business | ||
carried on by the licensee at the premises, | ||
(3) the premises are less than 1,000 square feet, | ||
(4) the premises are owned by the University of | ||
Illinois, | ||
(5) the premises are immediately adjacent to property | ||
owned by a church and are not less than 20 nor more than 40 | ||
feet from the church space used for worship services, and | ||
(6) the principal religious leader at the place of | ||
worship has indicated his or her support for the issuance | ||
of the license in writing.
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(i) Notwithstanding any provision in this Section to the |
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license to sell alcoholic liquor at a premises | ||
that is located within a municipality with a population in | ||
excess of 300,000 inhabitants and is within 100 feet of a | ||
church, synagogue, or other place of worship if: | ||
(1) the primary entrance of the premises and the | ||
primary entrance of the church, synagogue, or other place | ||
of worship are at least 100 feet apart, on parallel | ||
streets, and separated by an alley; and | ||
(2) the principal religious leader at the place of | ||
worship has not indicated his or her opposition to the | ||
issuance or renewal of the license in writing. | ||
(j) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
of a retail
license authorizing the sale of alcoholic liquor at | ||
a theater that is within 100 feet of a church if (1) the church | ||
owns the theater, (2) the church leases the theater to one or | ||
more entities, and
(3) the theater is used by at least 5 | ||
different not-for-profit theater groups. | ||
(k) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and is within | ||
100 feet of a school if:
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(1) the primary entrance of the premises and the |
primary entrance of the school are parallel, on different | ||
streets, and separated by an alley; | ||
(2) the southeast corner of the premises are at least | ||
350 feet from the southwest corner of the school; | ||
(3) the school was built in 1978; | ||
(4) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(5) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(6) the applicant is the owner of the restaurant and | ||
has held a valid license authorizing the sale of alcoholic | ||
liquor for the business to be conducted on the premises at | ||
a different location for more than 7 years; and | ||
(7) the premises is at least 2,300 square feet and sits | ||
on a lot that is between 6,100 and 6,150 square feet. | ||
(l) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and is within | ||
100 feet of a church or school if: | ||
(1) the primary entrance of the premises and the | ||
closest entrance of the church or school is at least 90 | ||
feet apart and no greater than 95 feet apart; | ||
(2) the shortest distance between the premises and the | ||
church or school is at least 80 feet apart and no greater |
than 85 feet apart; | ||
(3) the applicant is the owner of the restaurant and on | ||
November 15, 2006 held a valid license authorizing the sale | ||
of alcoholic liquor for the business to be conducted on the | ||
premises for at least 14 different locations; | ||
(4) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(5) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(6) the premises is at least 3,200 square feet and sits | ||
on a lot that is between 7,150 and 7,200 square feet; and | ||
(7) the principal religious leader at the place of | ||
worship has not indicated his or her opposition to the | ||
issuance or renewal of the license in writing.
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(m) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and is within | ||
100 feet of a church if: | ||
(1) the premises and the church are perpendicular, and | ||
the primary entrance of the premises faces South while the | ||
primary entrance of the church faces West and the distance | ||
between the two entrances is more than 100 feet; | ||
(2) the shortest distance between the premises lot line | ||
and the exterior wall of the church is at least 80 feet; |
(3) the church was established at the current location | ||
in 1916 and the present structure was erected in 1925; | ||
(4) the premises is a single story, single use building | ||
with at least 1,750 square feet and no more than 2,000 | ||
square feet; | ||
(5) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(6) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; and | ||
(7) the principal religious leader at the place of | ||
worship has not indicated his or her opposition to the | ||
issuance or renewal of the license in writing. | ||
(n) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and is within | ||
100 feet of a school if: | ||
(1) the school is a City of Chicago School District 299 | ||
school; | ||
(2) the school is located within subarea E of City of | ||
Chicago Residential Business Planned Development Number | ||
70; | ||
(3) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee on the premises; | ||
(4) the sale of alcoholic liquor at the premises is |
incidental to the sale of food; and | ||
(5) the administration of City of Chicago School | ||
District 299 has expressed, in writing, its support for the | ||
issuance of the license. | ||
(o) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a retail license authorizing the sale of | ||
alcoholic liquor at a premises that is located within a | ||
municipality in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(3) the premises is located on a street that runs | ||
perpendicular to the street on which the church is located; | ||
(4) the primary entrance of the premises is at least | ||
100 feet from the primary entrance of the church; | ||
(5) the shortest distance between any part of the | ||
premises and any part of the church is at least 60 feet; | ||
(6) the premises is between 3,600 and 4,000 square feet | ||
and sits on a lot that is between 3,600 and 4,000 square | ||
feet; and | ||
(7) the premises was built in the year 1909. | ||
For purposes of this subsection (o), "premises" means a | ||
place of business together with a privately owned outdoor |
location that is adjacent to the place of business. | ||
(p) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the shortest distance between the backdoor of the | ||
premises, which is used as an emergency exit, and the | ||
church is at least 80 feet; | ||
(2) the church was established at the current location | ||
in 1889; and | ||
(3) liquor has been sold on the premises since at least | ||
1985. | ||
(q) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a premises that is located in a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church-owned property if: | ||
(1) the premises is located within a larger building | ||
operated as a grocery store; | ||
(2) the area of the premises does not exceed 720 square | ||
feet and the area of the larger building exceeds 18,000 | ||
square feet; | ||
(3) the larger building containing the premises is |
within 100 feet of the nearest property line of a | ||
church-owned property on which a church-affiliated school | ||
is located; | ||
(4) the sale of liquor is not the principal business | ||
carried on within the larger building; | ||
(5) the primary entrance of the larger building and the | ||
premises and the primary entrance of the church-affiliated | ||
school are on different, parallel streets, and the distance | ||
between the 2 primary entrances is more than 100 feet; | ||
(6) the larger building is separated from the | ||
church-owned property and church-affiliated school by an | ||
alley; | ||
(7) the larger building containing the premises and the | ||
church building front are on perpendicular streets and are | ||
separated by a street; and | ||
(8) (Blank). | ||
(r) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance, | ||
renewal, or maintenance of a license authorizing the sale of | ||
alcoholic liquor incidental to the sale of food within a | ||
restaurant established in a premises that is located in a | ||
municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a church if: | ||
(1) the primary entrance of the church and the primary | ||
entrance of the restaurant are at least 100 feet apart; | ||
(2) the restaurant has operated on the ground floor and |
lower level of a multi-story, multi-use building for more | ||
than 40 years; | ||
(3) the primary business of the restaurant consists of | ||
the sale of food where the sale of liquor is incidental to | ||
the sale of food; | ||
(4) the sale of alcoholic liquor is conducted primarily | ||
in the below-grade level of the restaurant to which the | ||
only public access is by a staircase located inside the | ||
restaurant; and | ||
(5) the restaurant has held a license authorizing the | ||
sale of alcoholic liquor on the premises for more than 40 | ||
years. | ||
(s) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit renewal of a | ||
license authorizing the sale of alcoholic liquor at a premises | ||
that is located within a municipality with a population more | ||
than 5,000 and less than 10,000 and is within 100 feet of a | ||
church if: | ||
(1) the church was established at the location within | ||
100 feet of the premises after a license for the sale of | ||
alcoholic liquor at the premises was first issued; | ||
(2) a license for sale of alcoholic liquor at the | ||
premises was first issued before January 1, 2007; and | ||
(3) a license for the sale of alcoholic liquor on the | ||
premises has been continuously in effect since January 1, | ||
2007, except for interruptions between licenses of no more |
than 90 days. | ||
(t) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a
license authorizing the sale of alcoholic | ||
liquor
incidental to the sale of food within a restaurant that | ||
is established in a premises that is located in a municipality | ||
with a population in excess of 1,000,000 inhabitants and within | ||
100 feet of a school and a church if: | ||
(1) the restaurant is located inside a five-story | ||
building with over 16,800 square feet of commercial space; | ||
(2) the area of the premises does not exceed 31,050 | ||
square feet; | ||
(3) the area of the restaurant does not exceed 5,800 | ||
square feet; | ||
(4) the building has no less than 78 condominium units; | ||
(5) the construction of the building in which the | ||
restaurant is located was completed in 2006; | ||
(6) the building has 10 storefront properties, 3 of | ||
which are used for the restaurant; | ||
(7) the restaurant will open for business in 2010; | ||
(8) the building is north of the school and separated | ||
by an alley; and | ||
(9) the principal religious leader of the church and | ||
either the alderman of the ward in which the school is | ||
located or the principal of the school have delivered a | ||
written statement to the local liquor control commissioner |
stating that he or she does not object to the issuance of a | ||
license under this subsection (t). | ||
(u) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license to sell alcoholic liquor at a premises | ||
that is located within a municipality with a population in | ||
excess of 1,000,000 inhabitants and within 100 feet of a school | ||
if: | ||
(1) the premises operates as a restaurant and has been | ||
in operation since February 2008; | ||
(2) the applicant is the owner of the premises; | ||
(3) the sale of alcoholic liquor is incidental to the | ||
sale of food; | ||
(4) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee on the premises; | ||
(5) the premises occupy the first floor of a 3-story | ||
building that is at least 90 years old; | ||
(6) the rear lot of the school and the rear corner of | ||
the building that the premises occupy are separated by an | ||
alley; | ||
(7) the distance from the southwest corner of the | ||
property line of the school and the northeast corner of the | ||
building that the premises occupy is at least 16 feet, 5 | ||
inches; | ||
(8) the distance from the rear door of the premises to | ||
the southwest corner of the property line of the school is |
at least 93 feet; | ||
(9) the school is a City of Chicago School District 299 | ||
school; | ||
(10) the school's main structure was erected in 1902 | ||
and an addition was built to the main structure in 1959; | ||
and | ||
(11) the principal of the school and the alderman in | ||
whose district the premises are located have expressed, in | ||
writing, their support for the issuance of the license. | ||
(v) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and is within | ||
100 feet of a school if: | ||
(1) the total land area of the premises for which the | ||
license or renewal is sought is more than 600,000 square | ||
feet; | ||
(2) the premises for which the license or renewal is | ||
sought has more than 600 parking stalls; | ||
(3) the total area of all buildings on the premises for | ||
which the license or renewal is sought exceeds 140,000 | ||
square feet; | ||
(4) the property line of the premises for which the | ||
license or renewal is sought is separated from the property | ||
line of the school by a street; |
(5) the distance from the school's property line to the | ||
property line of the premises for which the license or | ||
renewal is sought is at least 60 feet; | ||
(6) as of June 14, 2011 (the effective date of Public | ||
Act 97-9), the premises for which the license or renewal is | ||
sought is located in the Illinois Medical District. | ||
(w) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license to sell alcoholic liquor at a premises | ||
that is located within a municipality with a population in | ||
excess of 1,000,000 inhabitants and within 100 feet of a church | ||
if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the sale of alcoholic liquor is not the principal
| ||
business carried on by the licensee at the premises; | ||
(3) the premises occupy the first floor and basement of | ||
a 2-story building that is 106 years old; | ||
(4) the premises is at least 7,000 square feet and | ||
located on a lot that is at least 11,000 square feet; | ||
(5) the premises is located directly west of the | ||
church, on perpendicular streets, and separated by an | ||
alley; | ||
(6) the distance between the
property line of the | ||
premises and the property line of the church is at least 20 | ||
feet; |
(7) the distance between the primary entrance of the | ||
premises and the primary entrance of the church is at least | ||
130 feet; and | ||
(8) the church has been at its location for at least 40 | ||
years. | ||
(x) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the church has been operating in its current | ||
location since 1973; | ||
(3) the premises has been operating in its current | ||
location since 1988; | ||
(4) the church and the premises are owned by the same | ||
parish; | ||
(5) the premises is used for cultural and educational | ||
purposes; | ||
(6) the primary entrance to the premises and the | ||
primary entrance to the church are located on the same | ||
street; | ||
(7) the principal religious leader of the church has | ||
indicated his support of the issuance of the license; |
(8) the premises is a 2-story building of approximately | ||
23,000 square feet; and | ||
(9) the premises houses a ballroom on its ground floor | ||
of approximately 5,000 square feet. | ||
(y) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(3) according to the municipality, the distance | ||
between the east property line of the premises and the west | ||
property line of the school is 97.8 feet; | ||
(4) the school is a City of Chicago School District 299 | ||
school; | ||
(5) the school has been operating since 1959; | ||
(6) the primary entrance to the premises and the | ||
primary entrance to the school are located on the same | ||
street; | ||
(7) the street on which the entrances of the premises | ||
and the school are located is a major diagonal | ||
thoroughfare; |
(8) the premises is a single-story building of | ||
approximately 2,900 square feet; and | ||
(9) the premises is used for commercial purposes only. | ||
(z) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a mosque if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors at | ||
the premises; | ||
(3) the licensee is a national retail chain having over | ||
100 locations within the municipality; | ||
(4) the licensee has over 8,000 locations nationwide; | ||
(5) the licensee has locations in all 50 states; | ||
(6) the premises is located in the North-East quadrant | ||
of the municipality; | ||
(7) the premises is a free-standing building that has | ||
"drive-through" pharmacy service; | ||
(8) the premises has approximately 14,490 square feet | ||
of retail space; | ||
(9) the premises has approximately 799 square feet of | ||
pharmacy space; | ||
(10) the premises is located on a major arterial street |
that runs east-west and accepts truck traffic; and | ||
(11) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(aa) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors at | ||
the premises; | ||
(3) the licensee is a national retail chain having over | ||
100 locations within the municipality; | ||
(4) the licensee has over 8,000 locations nationwide; | ||
(5) the licensee has locations in all 50 states; | ||
(6) the premises is located in the North-East quadrant | ||
of the municipality; | ||
(7) the premises is located across the street from a | ||
national grocery chain outlet; | ||
(8) the premises has approximately 16,148 square feet | ||
of retail space; | ||
(9) the premises has approximately 992 square feet of | ||
pharmacy space; |
(10) the premises is located on a major arterial street | ||
that runs north-south and accepts truck traffic; and | ||
(11) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(bb) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(3) the primary entrance to the premises and the | ||
primary entrance to the church are located on the same | ||
street; | ||
(4) the premises is across the street from the church; | ||
(5) the street on which the premises and the church are | ||
located is a major arterial street that runs east-west; | ||
(6) the church is an elder-led and Bible-based Assyrian | ||
church; | ||
(7) the premises and the church are both single-story | ||
buildings; | ||
(8) the storefront directly west of the church is being |
used as a restaurant; and | ||
(9) the distance between the northern-most property | ||
line of the premises and the southern-most property line of | ||
the church is 65 feet. | ||
(cc) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors at | ||
the premises; | ||
(3) the licensee is a national retail chain; | ||
(4) as of October 25, 2011, the licensee has 1,767 | ||
stores operating nationwide, 87 stores operating in the | ||
State, and 10 stores operating within the municipality; | ||
(5) the licensee shall occupy approximately 124,000 | ||
square feet of space in the basement and first and second | ||
floors of a building located across the street from a | ||
school; | ||
(6) the school opened in August of 2009 and occupies | ||
approximately 67,000 square feet of space; and | ||
(7) the building in which the premises shall be located | ||
has been listed on the National Register of Historic Places |
since April 17, 1970. | ||
(dd) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a full-service grocery store at a premises that | ||
is located within a municipality with a population in excess of | ||
1,000,000 inhabitants and is within 100 feet of a school if: | ||
(1) the premises is constructed on land that was | ||
purchased from the municipality at a fair market price; | ||
(2) the premises is constructed on land that was | ||
previously used as a parking facility for public safety | ||
employees; | ||
(3) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(4) the main entrance to the store is more than 100 | ||
feet from the main entrance to the school; | ||
(5) the premises is to be new construction; | ||
(6) the school is a private school; | ||
(7) the principal of the school has given written | ||
approval for the license; | ||
(8) the alderman of the ward where the premises is | ||
located has given written approval of the issuance of the | ||
license; | ||
(9) the grocery store level of the premises is between | ||
60,000 and 70,000 square feet; and | ||
(10) the owner and operator of the grocery store |
operates 2 other grocery stores that have alcoholic liquor | ||
licenses within the same municipality. | ||
(ee) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a full-service grocery store at a premises that | ||
is located within a municipality with a population in excess of | ||
1,000,000 inhabitants and is within 100 feet of a school if: | ||
(1) the premises is constructed on land that once | ||
contained an industrial steel facility; | ||
(2) the premises is located on land that has undergone | ||
environmental remediation; | ||
(3) the premises is located within a retail complex | ||
containing retail stores where some of the stores sell | ||
alcoholic beverages; | ||
(4) the principal activity of any restaurant in the | ||
retail complex is the sale of food, and the sale of | ||
alcoholic liquor is incidental to the sale of food; | ||
(5) the sale of alcoholic liquor is not the principal | ||
business carried on by the grocery store; | ||
(6) the entrance to any business that sells alcoholic | ||
liquor is more than 100 feet from the entrance to the | ||
school; | ||
(7) the alderman of the ward where the premises is | ||
located has given written approval of the issuance of the | ||
license; and |
(8) the principal of the school has given written | ||
consent to the issuance of the license. | ||
(ff) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the operation of a theater; | ||
(3) the premises is a one and one-half-story building | ||
of approximately 10,000 square feet; | ||
(4) the school is a City of Chicago School District 299 | ||
school; | ||
(5) the primary entrance of the premises and the | ||
primary entrance of the school are at least 300 feet apart | ||
and no more than 400 feet apart; | ||
(6) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his support for the | ||
issuance of the license; and | ||
(7) the principal of the school has expressed, in | ||
writing, that there is no objection to the issuance of a | ||
license under this subsection (ff). | ||
(gg) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor incidental to the sale of food within a restaurant or | ||
banquet facility established in a premises that is located in a | ||
municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the property on which the church is located and the | ||
property on which the premises are located are both within | ||
a district originally listed on the National Register of | ||
Historic Places on February 14, 1979; | ||
(3) the property on which the premises are located | ||
contains one or more multi-story buildings that are at | ||
least 95 years old and have no more than three stories; | ||
(4) the building in which the church is located is at | ||
least 120 years old; | ||
(5) the property on which the church is located is | ||
immediately adjacent to and west of the property on which | ||
the premises are located; | ||
(6) the western boundary of the property on which the | ||
premises are located is no less than 118 feet in length and | ||
no more than 122 feet in length; | ||
(7) as of December 31, 2012, both the church property | ||
and the property on which the premises are located are | ||
within 250 feet of City of Chicago Business-Residential |
Planned Development Number 38; | ||
(8) the principal religious leader at the place of | ||
worship has indicated his or her support for the issuance | ||
of the license in writing; and | ||
(9) the alderman in whose district the premises are | ||
located has expressed his or her support for the issuance | ||
of the license in writing. | ||
For the purposes of this subsection, "banquet facility" | ||
means the part of the building that is located on the floor | ||
above a restaurant and caters to private parties and where the | ||
sale of alcoholic liquors is not the principal business. | ||
(hh) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a hotel and at an outdoor patio area attached to | ||
the hotel that are located in a municipality with a population | ||
in excess of 1,000,000 inhabitants and that are within 100 feet | ||
of a hospital if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the hotel; | ||
(2) the hotel is located within the City of Chicago | ||
Business Planned Development Number 468; and | ||
(3) the hospital is located within the City of Chicago | ||
Institutional Planned Development Number 3. | ||
(ii) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a restaurant and at an outdoor patio area | ||
attached to the restaurant that are located in a municipality | ||
with a population in excess of 1,000,000 inhabitants and that | ||
are within 100 feet of a church if: | ||
(1) the sale of alcoholic liquor at the premises is not | ||
the principal business carried on by the licensee and is | ||
incidental to the sale of food; | ||
(2) the restaurant has been operated on the street | ||
level of a 2-story building located on a corner lot since | ||
2008; | ||
(3) the restaurant is between 3,700 and 4,000 square | ||
feet and sits on a lot that is no more than 6,200 square | ||
feet; | ||
(4) the primary entrance to the restaurant and the | ||
primary entrance to the church are located on the same | ||
street; | ||
(5) the street on which the restaurant and the church | ||
are located is a major east-west street; | ||
(6) the restaurant and the church are separated by a | ||
one-way northbound street; | ||
(7) the church is located to the west of and no more | ||
than 65 feet from the restaurant; and | ||
(8) the principal religious leader at the place of | ||
worship has indicated his or her consent to the issuance of | ||
the license in writing. |
(jj) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor is incidental to the | ||
sale of food; | ||
(3) the premises are located east of the church, on | ||
perpendicular streets, and separated by an alley; | ||
(4) the distance between the primary entrance of the | ||
premises and the primary entrance of the church is at least | ||
175 feet; | ||
(5) the distance between the property line of the | ||
premises and the property line of the church is at least 40 | ||
feet; | ||
(6) the licensee has been operating at the premises | ||
since 2012; | ||
(7) the church was constructed in 1904; | ||
(8) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license; and | ||
(9) the principal religious leader of the church has | ||
delivered a written statement that he or she does not |
object to the issuance of a license under this subsection | ||
(jj). | ||
(kk) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors on | ||
the premises; | ||
(3) the licensee is a national retail chain; | ||
(4) as of February 27, 2013, the licensee had 1,778 | ||
stores operating nationwide, 89 operating in this State, | ||
and 11 stores operating within the municipality; | ||
(5) the licensee shall occupy approximately 169,048 | ||
square feet of space within a building that is located | ||
across the street from a tuition-based preschool; and | ||
(6) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(ll) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with |
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors on | ||
the premises; | ||
(3) the licensee is a national retail chain; | ||
(4) as of February 27, 2013, the licensee had 1,778 | ||
stores operating nationwide, 89 operating in this State, | ||
and 11 stores operating within the municipality; | ||
(5) the licensee shall occupy approximately 191,535 | ||
square feet of space within a building that is located | ||
across the street from an elementary school; and | ||
(6) the alderman of the ward in which the premises is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(mm) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within premises and at an outdoor patio or sidewalk | ||
cafe, or both, attached to premises that are located in a | ||
municipality with a population in excess of 1,000,000 | ||
inhabitants and that are within 100 feet of a hospital if: | ||
(1) the primary business of the restaurant consists of | ||
the sale of food where the sale of liquor is incidental to | ||
the sale of food; |
(2) as a restaurant, the premises may or may not offer | ||
catering as an incidental part of food service; | ||
(3) the primary business of the restaurant is conducted | ||
in space owned by a hospital or an entity owned or | ||
controlled by, under common control with, or that controls | ||
a hospital, and the chief hospital administrator has | ||
expressed his or her support for the issuance of the | ||
license in writing; and | ||
(4) the hospital is an adult acute care facility | ||
primarily located within the City of Chicago Institutional | ||
Planned Development Number 3. | ||
(nn) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried out on the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the operation of a theater; | ||
(3) the premises are a building that was constructed in | ||
1913 and opened on May 24, 1915 as a vaudeville theater, | ||
and the premises were converted to a motion picture theater | ||
in 1935; | ||
(4) the church was constructed in 1889 with a stone |
exterior; | ||
(5) the primary entrance of the premises and the | ||
primary entrance of the church are at least 100 feet apart; | ||
(6) the principal religious leader at the place of | ||
worship has indicated his or her consent to the issuance of | ||
the license in writing; and | ||
(7) the alderman in whose ward the premises are located | ||
has expressed his or her support for the issuance of the | ||
license in writing. | ||
(oo) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a mosque, church, or other place of worship if: | ||
(1) the primary entrance of the premises and the | ||
primary entrance of the mosque, church, or other place of | ||
worship are perpendicular and are on different streets; | ||
(2) the primary entrance to the premises faces West and | ||
the primary entrance to the mosque, church, or other place | ||
of worship faces South; | ||
(3) the distance between the 2 primary entrances is at | ||
least 100 feet; | ||
(4) the mosque, church, or other place of worship was | ||
established in a location within 100 feet of the premises | ||
after a license for the sale of alcohol at the premises was |
first issued; | ||
(5) the mosque, church, or other place of worship was | ||
established on or around January 1, 2011; | ||
(6) a license for the sale of alcohol at the premises | ||
was first issued on or before January 1, 1985; | ||
(7) a license for the sale of alcohol at the premises | ||
has been continuously in effect since January 1, 1985, | ||
except for interruptions between licenses of no more than | ||
90 days; and | ||
(8) the premises are a single-story, single-use | ||
building of at least 3,000 square feet and no more than | ||
3,380 square feet. | ||
(pp) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor incidental to the sale of food within a restaurant or | ||
banquet facility established on premises that are located in a | ||
municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of at least one church if: | ||
(1) the sale of liquor shall not be the principal | ||
business carried on by the licensee at the premises; | ||
(2) the premises are at least 2,000 square feet and no | ||
more than 10,000 square feet and is located in a | ||
single-story building; | ||
(3) the property on which the premises are located is | ||
within an area that, as of 2009, was designated as a |
Renewal Community by the United States Department of | ||
Housing and Urban Development; | ||
(4) the property on which the premises are located and | ||
the properties on which the churches are located are on the | ||
same street; | ||
(5) the property on which the premises are located is | ||
immediately adjacent to and east of the property on which | ||
at least one of the churches is located; | ||
(6) the property on which the premises are located is | ||
across the street and southwest of the property on which | ||
another church is located; | ||
(7) the principal religious leaders of the churches | ||
have indicated their support for the issuance of the | ||
license in writing; and | ||
(8) the alderman in whose ward the premises are located | ||
has expressed his or her support for the issuance of the | ||
license in writing. | ||
For purposes of this subsection (pp), "banquet facility" | ||
means the part of the building that caters to private parties | ||
and where the sale of alcoholic liquors is not the principal | ||
business. | ||
(qq) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor on premises that are located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 |
feet of a church or school if: | ||
(1) the primary entrance of the premises and the | ||
closest entrance of the church or school are at least 200 | ||
feet apart and no greater than 300 feet apart; | ||
(2) the shortest distance between the premises and the | ||
church or school is at least 66 feet apart and no greater | ||
than 81 feet apart; | ||
(3) the premises are a single-story, steel-framed | ||
commercial building with at least 18,042 square feet, and | ||
was constructed in 1925 and 1997; | ||
(4) the owner of the business operated within the | ||
premises has been the general manager of a similar | ||
supermarket within one mile from the premises, which has | ||
had a valid license authorizing the sale of alcoholic | ||
liquor since 2002, and is in good standing with the City of | ||
Chicago; | ||
(5) the principal religious leader at the place of | ||
worship has indicated his or her support to the issuance or | ||
renewal of the license in writing; | ||
(6) the alderman of the ward has indicated his or her | ||
support to the issuance or renewal of the license in | ||
writing; and | ||
(7) the principal of the school has indicated his or | ||
her support to the issuance or renewal of the license in | ||
writing. | ||
(rr) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a club that leases space to a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried out on the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the operation of a grocery store; | ||
(3) the premises are a building of approximately 1,750 | ||
square feet and is rented by the owners of the grocery | ||
store from a family member; | ||
(4) the property line of the premises is approximately | ||
68 feet from the property line of the club; | ||
(5) the primary entrance of the premises and the | ||
primary entrance of the club where the school leases space | ||
are at least 100 feet apart; | ||
(6) the director of the club renting space to the | ||
school has indicated his or her consent to the issuance of | ||
the license in writing; and | ||
(7) the alderman in whose district the premises are | ||
located has expressed his or her support for the issuance | ||
of the license in writing. | ||
(ss) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic |
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the premises are located within a 15 unit building | ||
with 13 residential apartments and 2 commercial spaces, and | ||
the licensee will occupy both commercial spaces; | ||
(2) a restaurant has been operated on the premises | ||
since June 2011; | ||
(3) the restaurant currently occupies 1,075 square | ||
feet, but will be expanding to include 975 additional | ||
square feet; | ||
(4) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(5) the premises are located south of the church and on | ||
the same street and are separated by a one-way westbound | ||
street; | ||
(6) the primary entrance of the premises is at least 93 | ||
feet from the primary entrance of the church; | ||
(7) the shortest distance between any part of the | ||
premises and any part of the church is at least 72 feet; | ||
(8) the building in which the restaurant is located was | ||
built in 1910; | ||
(9) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license; and | ||
(10) the principal religious leader of the church has |
delivered a written statement that he or she does not | ||
object to the issuance of a license under this subsection | ||
(ss). | ||
(tt) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor is incidental to the | ||
sale of food; | ||
(3) the sale of alcoholic liquor at the premises was | ||
previously authorized by a package goods liquor license; | ||
(4) the premises are at least 40,000 square feet with | ||
25 parking spaces in the contiguous surface lot to the | ||
north of the store and 93 parking spaces on the roof; | ||
(5) the shortest distance between the lot line of the | ||
parking lot of the premises and the exterior wall of the | ||
church is at least 80 feet; | ||
(6) the distance between the building in which the | ||
church is located and the building in which the premises | ||
are located is at least 180 feet; | ||
(7) the main entrance to the church faces west and is | ||
at least 257 feet from the main entrance of the premises; |
and | ||
(8) the applicant is the owner of 10 similar grocery | ||
stores within the City of Chicago and the surrounding area | ||
and has been in business for more than 30 years. | ||
(uu) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor is incidental to the | ||
operation of a grocery store; | ||
(3) the premises are located in a building that is | ||
approximately 68,000 square feet with 157 parking spaces on | ||
property that was previously vacant land; | ||
(4) the main entrance to the church faces west and is | ||
at least 500 feet from the entrance of the premises, which | ||
faces north; | ||
(5) the church and the premises are separated by an | ||
alley; | ||
(6) the applicant is the owner of 9 similar grocery | ||
stores in the City of Chicago and the surrounding area and | ||
has been in business for more than 40 years; and | ||
(7) the alderman of the ward in which the premises are |
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(vv) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor is primary to the sale | ||
of food; | ||
(3) the premises are located south of the church and on | ||
perpendicular streets and are separated by a driveway; | ||
(4) the primary entrance of the premises is at least | ||
100 feet from the primary entrance of the church; | ||
(5) the shortest distance between any part of the | ||
premises and any part of the church is at least 15 feet; | ||
(6) the premises are less than 100 feet from the church | ||
center, but greater than 100 feet from the area within the | ||
building where church services are held; | ||
(7) the premises are 25,830 square feet and sit on a | ||
lot that is 0.48 acres; | ||
(8) the premises were once designated as a Korean | ||
American Presbyterian Church and were once used as a | ||
Masonic Temple; |
(9) the premises were built in 1910; | ||
(10) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license; and | ||
(11) the principal religious leader of the church has | ||
delivered a written statement that he or she does not | ||
object to the issuance of a license under this subsection | ||
(vv). | ||
For the purposes of this subsection (vv), "premises" means | ||
a place of business together with a privately owned outdoor | ||
location that is adjacent to the place of business.
| ||
(ww) Notwithstanding any provision of this Section to the
| ||
contrary, nothing in this Section shall prohibit the issuance
| ||
or renewal of a license authorizing the sale of alcoholic
| ||
liquor at premises located within a municipality with a
| ||
population in excess of 1,000,000 inhabitants and within 100
| ||
feet of a school if: | ||
(1) the school is located within Sub Area III of City | ||
of Chicago Residential-Business Planned Development Number | ||
523, as amended; and | ||
(2) the premises are located within Sub Area I, Sub | ||
Area II, or Sub Area IV of City of Chicago | ||
Residential-Business Planned Development Number 523, as | ||
amended. | ||
(xx) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of wine or wine-related products is the | ||
exclusive business carried on by the licensee at the | ||
premises; | ||
(2) the primary entrance of the premises and the | ||
primary entrance of the church are at least 100 feet apart | ||
and are located on different streets; | ||
(3) the building in which the premises are located and | ||
the building in which the church is located are separated | ||
by an alley; | ||
(4) the premises consists of less than 2,000 square | ||
feet of floor area dedicated to the sale of wine or | ||
wine-related products; | ||
(5) the premises are located on the first floor of a | ||
2-story building that is at least 99 years old and has a | ||
residential unit on the second floor; and | ||
(6) the principal religious leader at the church has | ||
indicated his or her support for the issuance or renewal of | ||
the license in writing. | ||
(yy) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a |
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the premises are a 27-story hotel containing 191 | ||
guest rooms; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises and is | ||
limited to a restaurant located on the first floor of the | ||
hotel; | ||
(3) the hotel is adjacent to the church; | ||
(4) the site is zoned as DX-16; | ||
(5) the principal religious leader of the church has | ||
delivered a written statement that he or she does not | ||
object to the issuance of a license under this subsection | ||
(yy); and | ||
(6) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(zz) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the premises are a 15-story hotel containing 143 | ||
guest rooms; | ||
(2) the premises are approximately 85,691 square feet; |
(3) a restaurant is operated on the premises; | ||
(4) the restaurant is located in the first floor lobby | ||
of the hotel; | ||
(5) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(6) the hotel is located approximately 50 feet from the | ||
church and is separated from the church by a public street | ||
on the ground level and by air space on the upper level, | ||
which is where the public entrances are located; | ||
(7) the site is zoned as DX-16; | ||
(8) the principal religious leader of the church has | ||
delivered a written statement that he or she does not | ||
object to the issuance of a license under this subsection | ||
(zz); and | ||
(9) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(aaa) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a full-service grocery store at premises located | ||
within a municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a school if: | ||
(1) the sale of alcoholic liquor is not the primary | ||
business activity of the grocery store; | ||
(2) the premises are newly constructed on land that was |
formerly used by the Young Men's Christian Association; | ||
(3) the grocery store is located within a planned | ||
development that was approved by the municipality in 2007; | ||
(4) the premises are located in a multi-building, | ||
mixed-use complex; | ||
(5) the entrance to the grocery store is located more | ||
than 200 feet from the entrance to the school; | ||
(6) the entrance to the grocery store is located across | ||
the street from the back of the school building, which is | ||
not used for student or public access; | ||
(7) the grocery store executed a binding lease for the | ||
property in 2008; | ||
(8) the premises consist of 2 levels and occupy more | ||
than 80,000 square feet; | ||
(9) the owner and operator of the grocery store | ||
operates at least 10 other grocery stores that have | ||
alcoholic liquor licenses within the same municipality; | ||
and | ||
(10) the director of the school has expressed, in | ||
writing, his or her support for the issuance of the | ||
license. | ||
(bbb) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 |
feet of a church if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the premises are located in a single-story building | ||
of primarily brick construction containing at least 6 | ||
commercial units constructed before 1940; | ||
(3) the premises are located in a B3-2 zoning district; | ||
(4) the premises are less than 4,000 square feet; | ||
(5) the church established its congregation in 1891 and | ||
completed construction of the church building in 1990; | ||
(6) the premises are located south of the church; | ||
(7) the premises and church are located on the same | ||
street and are separated by a one-way westbound street; and | ||
(8) the principal religious leader of the church has | ||
not indicated his or her opposition to the issuance or | ||
renewal of the license in writing. | ||
(ccc) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a full-service grocery store at premises located | ||
within a municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a church and school if: | ||
(1) as of March 14, 2007, the premises are located in a | ||
City of Chicago Residential-Business Planned Development | ||
No. 1052; | ||
(2) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; | ||
(3) the sale of alcoholic liquor is incidental to the | ||
operation of a grocery store and comprises no more than 10% | ||
of the total in-store sales; | ||
(4) the owner and operator of the grocery store | ||
operates at least 10 other grocery stores that have | ||
alcoholic liquor licenses within the same municipality; | ||
(5) the premises are new construction when the license | ||
is first issued; | ||
(6) the constructed premises are to be no less than | ||
50,000 square feet; | ||
(7) the school is a private church-affiliated school; | ||
(8) the premises and the property containing the church | ||
and church-affiliated school are located on perpendicular | ||
streets and the school and church are adjacent to one | ||
another; | ||
(9) the pastor of the church and school has expressed, | ||
in writing, support for the issuance of the license; and | ||
(10) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(ddd) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 |
feet of a church or school if: | ||
(1) the business has been issued a license from the | ||
municipality to allow the business to operate a theater on | ||
the premises; | ||
(2) the theater has less than 200 seats; | ||
(3) the premises are approximately 2,700 to 3,100 | ||
square feet of space; | ||
(4) the premises are located to the north of the | ||
church; | ||
(5) the primary entrance of the premises and the | ||
primary entrance of any church within 100 feet of the | ||
premises are located either on a different street or across | ||
a right-of-way from the premises; | ||
(6) the primary entrance of the premises and the | ||
primary entrance of any school within 100 feet of the | ||
premises are located either on a different street or across | ||
a right-of-way from the premises; | ||
(7) the premises are located in a building that is at | ||
least 100 years old; and | ||
(8) any church or school located within 100 feet of the | ||
premises has indicated its support for the issuance or | ||
renewal of the license to the premises in writing. | ||
(eee) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a |
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church and school if: | ||
(1) the sale of alcoholic liquor is incidental to the | ||
sale of food; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the applicant on the premises; | ||
(3) a family-owned restaurant has operated on the | ||
premises since 1957; | ||
(4) the premises occupy the first floor of a 3-story | ||
building that is at least 90 years old; | ||
(5) the distance between the property line of the | ||
premises and the property line of the church is at least 20 | ||
feet; | ||
(6) the church was established at its current location | ||
and the present structure was erected before 1900; | ||
(7) the primary entrance of the premises is at least 75 | ||
feet from the primary entrance of the church; | ||
(8) the school is affiliated with the church; | ||
(9) the principal religious leader at the place of | ||
worship has indicated his or her support for the issuance | ||
of the license in writing; | ||
(10) the principal of the school has indicated in | ||
writing that he or she is not opposed to the issuance of | ||
the license; and | ||
(11) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her lack of an |
objection to the issuance of the license. | ||
(fff) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the operation of a grocery store; | ||
(3) the premises are a one-story building containing | ||
approximately 10,000 square feet and are rented by the | ||
owners of the grocery store; | ||
(4) the sale of alcoholic liquor at the premises occurs | ||
in a retail area of the grocery store that is approximately | ||
3,500 square feet; | ||
(5) the grocery store has operated at the location | ||
since 1984; | ||
(6) the grocery store is closed on Sundays; | ||
(7) the property on which the premises are located is a | ||
corner lot that is bound by 3 streets and an alley, where | ||
one street is a one-way street that runs north-south, one | ||
street runs east-west, and one street runs | ||
northwest-southeast; | ||
(8) the property line of the premises is approximately |
16 feet from the property line of the building where the | ||
church is located; | ||
(9) the premises are separated from the building | ||
containing the church by a public alley; | ||
(10) the primary entrance of the premises and the | ||
primary entrance of the church are at least 100 feet apart; | ||
(11) representatives of the church have delivered a | ||
written statement that the church does not object to the | ||
issuance of a license under this subsection (fff); and | ||
(12) the alderman of the ward in which the grocery | ||
store is located has expressed, in writing, his or her | ||
support for the issuance of the license. | ||
(ggg) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of licenses authorizing the sale of alcoholic liquor | ||
within a restaurant or lobby coffee house at premises located | ||
within a municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a church and school if: | ||
(1) a residential retirement home formerly operated on | ||
the premises and the premises are being converted into a | ||
new apartment living complex containing studio and | ||
one-bedroom apartments with ground floor retail space; | ||
(2) the restaurant and lobby coffee house are located | ||
within a Community Shopping District within the | ||
municipality; | ||
(3) the premises are located in a single-building, |
mixed-use complex that, in addition to the restaurant and | ||
lobby coffee house, contains apartment residences, a | ||
fitness center for the residents of the apartment building, | ||
a lobby designed as a social center for the residents, a | ||
rooftop deck, and a patio with a dog run for the exclusive | ||
use of the residents; | ||
(4) the sale of alcoholic liquor is not the primary | ||
business activity of the apartment complex, restaurant, or | ||
lobby coffee house; | ||
(5) the entrance to the apartment residence is more | ||
than 310 feet from the entrance to the school and church; | ||
(6) the entrance to the apartment residence is located | ||
at the end of the block around the corner from the south | ||
side of the school building; | ||
(7) the school is affiliated with the church; | ||
(8) the pastor of the parish, principal of the school, | ||
and the titleholder to the church and school have given | ||
written consent to the issuance of the license; | ||
(9) the alderman of the ward in which the premises are | ||
located has given written consent to the issuance of the | ||
license; and | ||
(10) the neighborhood block club has given written | ||
consent to the issuance of the license. | ||
(hhh) Notwithstanding any provision of this Section to
the | ||
contrary, nothing in this Section shall prohibit the
issuance | ||
or renewal of a license to sell alcoholic liquor at
premises |
located within a municipality with a population
in excess of | ||
1,000,000 inhabitants and within 100 feet of a home for | ||
indigent persons or a church if: | ||
(1) a restaurant operates on the premises and has
been | ||
in operation since January of 2014; | ||
(2) the sale of alcoholic liquor is incidental to the | ||
sale of food; | ||
(3) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee on the premises; | ||
(4) the premises occupy the first floor of a 3-story
| ||
building that is at least 100 years old; | ||
(5) the primary entrance to the premises is more than | ||
100 feet from the primary entrance to the home for indigent | ||
persons, which opened in 1989 and is operated to address | ||
homelessness and provide shelter; | ||
(6) the primary entrance to the premises and the | ||
primary entrance to the home for indigent persons are | ||
located on different streets; | ||
(7) the executive director of the home for indigent | ||
persons has given written consent to the issuance of the | ||
license; | ||
(8) the entrance to the premises is located within 100 | ||
feet of a Buddhist temple; | ||
(9) the entrance to the premises is more than 100 feet | ||
from where any worship or educational programming is | ||
conducted by the Buddhist temple and is located in an area |
used only for other purposes; and | ||
(10) the president and the board of directors of the | ||
Buddhist temple have given written consent to the issuance | ||
of the license. | ||
(iii) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality in excess of | ||
1,000,000 inhabitants and within 100 feet of a home for the | ||
aged if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee on the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the operation of a restaurant; | ||
(3) the premises are on the ground floor of a | ||
multi-floor, university-affiliated housing facility; | ||
(4) the premises occupy 1,916 square feet of space, | ||
with the total square footage from which liquor will be | ||
sold, served, and consumed to be 900 square feet; | ||
(5) the premises are separated from the home for the | ||
aged by an alley; | ||
(6) the primary entrance to the premises and the | ||
primary entrance to the home for the aged are at least 500 | ||
feet apart and located on different streets; | ||
(7) representatives of the home for the aged have | ||
expressed, in writing, that the home does not object to the |
issuance of a license under this subsection; and | ||
(8) the alderman of the ward in which the restaurant is | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(jjj) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a school if: | ||
(1) as of January 1, 2016, the premises were used for | ||
the sale of alcoholic liquor for consumption on the | ||
premises and were authorized to do so pursuant to a retail | ||
tavern license held by an individual as the sole proprietor | ||
of the premises; | ||
(2) the primary entrance to the school and the primary | ||
entrance to the premises are on the same street; | ||
(3) the school was founded in 1949; | ||
(4) the building in which the premises are situated was | ||
constructed before 1930; | ||
(5) the building in which the premises are situated is | ||
immediately across the street from the school; and | ||
(6) the school has not indicated its opposition to the | ||
issuance or renewal of the license in writing. | ||
(kkk) (Blank). | ||
(lll) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a synagogue or school if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(3) the premises are located on the same street on | ||
which the synagogue or school is located; | ||
(4) the primary entrance to the premises and the | ||
closest entrance to the synagogue or school is at least 100 | ||
feet apart; | ||
(5) the shortest distance between the premises and the | ||
synagogue or school is at least 65 feet apart and no | ||
greater than 70 feet apart; | ||
(6) the premises are between 1,800 and 2,000 square | ||
feet; | ||
(7) the synagogue was founded in 1861; and | ||
(8) the leader of the synagogue has indicated, in | ||
writing, the synagogue's support for the issuance or | ||
renewal of the license. | ||
(mmm) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of licenses authorizing the sale of alcoholic liquor |
within a restaurant or lobby coffee house at premises located | ||
within a municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food in a restaurant; | ||
(3) the restaurant has been run by the same family for | ||
at least 19 consecutive years; | ||
(4) the premises are located in a 3-story building in | ||
the most easterly part of the first floor; | ||
(5) the building in which the premises are located has | ||
residential housing on the second and third floors; | ||
(6) the primary entrance to the premises is on a | ||
north-south street around the corner and across an alley | ||
from the primary entrance to the church, which is on an | ||
east-west street; | ||
(7) the primary entrance to the church and the primary | ||
entrance to the premises are more than 160 feet apart; and | ||
(8) the church has expressed, in writing, its support | ||
for the issuance of a license under this subsection. | ||
(nnn) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of licenses authorizing the sale of alcoholic liquor | ||
within a restaurant or lobby coffee house at premises located | ||
within a municipality with a population in excess of 1,000,000 |
inhabitants and within 100 feet of a school and church or | ||
synagogue if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food in a restaurant; | ||
(3) the front door of the synagogue faces east on the | ||
next north-south street east of and parallel to the | ||
north-south street on which the restaurant is located where | ||
the restaurant's front door faces west; | ||
(4) the closest exterior pedestrian entrance that | ||
leads to the school or the synagogue is across an east-west | ||
street and at least 300 feet from the primary entrance to | ||
the restaurant; | ||
(5) the nearest church-related or school-related | ||
building is a community center building; | ||
(6) the restaurant is on the ground floor of a 3-story | ||
building constructed in 1896 with a brick façade; | ||
(7) the restaurant shares the ground floor with a | ||
theater, and the second and third floors of the building in | ||
which the restaurant is located consists of residential | ||
housing; | ||
(8) the leader of the synagogue and school has | ||
expressed, in writing, that the synagogue does not object | ||
to the issuance of a license under this subsection; and | ||
(9) the alderman of the ward in which the premises is |
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(ooo) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 2,000 but less than 5,000 inhabitants | ||
in a county with a population in excess of 3,000,000 and within | ||
100 feet of a home for the aged if: | ||
(1) as of March 1, 2016, the premises were used to sell | ||
alcohol pursuant to a retail tavern and packaged goods | ||
license issued by the municipality and held by a limited | ||
liability company as the proprietor of the premises; | ||
(2) the home for the aged was completed in 2015; | ||
(3) the home for the aged is a 5-story structure; | ||
(4) the building in which the premises are situated is | ||
directly adjacent to the home for the aged; | ||
(5) the building in which the premises are situated was | ||
constructed before 1950; | ||
(6) the home for the aged has not indicated its | ||
opposition to the issuance or renewal of the license; and | ||
(7) the president of the municipality has expressed in | ||
writing that he or she does not object to the issuance or | ||
renewal of the license. | ||
(ppp) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church or churches if: | ||
(1) the shortest distance between the premises and a | ||
church is at least 78 feet apart and no greater than 95 | ||
feet apart; | ||
(2) the premises are a single-story, brick commercial | ||
building and between 3,600 to 4,000 at least 5,067 square | ||
feet and the original building was built before were | ||
constructed in 1922; | ||
(3) the premises are located in a B3-2 zoning district; | ||
(4) the premises are separated from the buildings | ||
containing the churches by a street; | ||
(5) the previous owners of the business located on the | ||
premises held a liquor license for at least 10 years; | ||
(6) the new owner of the business located on the | ||
premises has managed 2 other food and liquor stores since | ||
1997; | ||
(7) the principal religious leaders at the places of | ||
worship have indicated their support for the issuance or | ||
renewal of the license in writing; and | ||
(8) the alderman of the ward in which the premises are | ||
located has indicated his or her support for the issuance | ||
or renewal of the license in writing. | ||
(qqq) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(3) the premises are located on the opposite side of | ||
the same street on which the church is located; | ||
(4) the church is located on a corner lot; | ||
(5) the shortest distance between the premises and the | ||
church is at least 90 feet apart and no greater than 95 | ||
feet apart; | ||
(6) the premises are between 4,350 and 5,000 square | ||
feet; | ||
(7) the church's original chapel was built in 1858; | ||
(8) the church's first congregation was organized in | ||
1860; and | ||
(9) the leaders of the church and the alderman of the | ||
ward in which the premises are located has expressed, in | ||
writing, their support for the issuance of the license. | ||
(rrr) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic |
liquor at a restaurant or banquet facility established within | ||
premises located within a municipality with a population in | ||
excess of 1,000,000 inhabitants and within 100 feet of a church | ||
or school if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(3) the immediately prior owner or the operator of the | ||
restaurant or banquet facility held a valid retail license | ||
authorizing the sale of alcoholic liquor at the premises | ||
for at least part of the 24 months before a change of | ||
ownership; | ||
(4) the premises are located immediately east and | ||
across the street from an elementary school; | ||
(5) the premises and elementary school are part of an | ||
approximately 100-acre campus owned by the church; | ||
(6) the school opened in 1999 and was named after the | ||
founder of the church; and | ||
(7) the alderman of the ward in which the premises are | ||
located has expressed, in writing, his or her support for | ||
the issuance of the license. | ||
(sss) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a store that is located within a municipality with a |
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the premises are primarily used for the sale of | ||
alcoholic liquor; | ||
(2) on January 1, 2017, the store was authorized to | ||
sell alcoholic liquor pursuant to a package goods liquor | ||
license; | ||
(3) on January 1, 2017, the store occupied | ||
approximately 5,560 square feet and will be expanded to | ||
include 440 additional square feet for the purpose of | ||
storage; | ||
(4) the store was in existence before the church; | ||
(5) the building in which the store is located was | ||
built in 1956 and is immediately south of the church; | ||
(6) the store and church are separated by an east-west | ||
street; | ||
(7) the owner of the store received his first liquor | ||
license in 1986; | ||
(8) the church has not indicated its opposition to the | ||
issuance or renewal of the license in writing; and | ||
(9) the alderman of the ward in which the store is | ||
located has expressed his or her support for the issuance | ||
or renewal of the license. | ||
(Source: P.A. 98-274, eff. 8-9-13; 98-463, eff. 8-16-13; | ||
98-571, eff. 8-27-13; 98-592, eff. 11-15-13; 98-1092, eff. | ||
8-26-14; 98-1158, eff. 1-9-15; 99-46, eff. 7-15-15; 99-47, eff. |
7-15-15; 99-477, eff. 8-27-15; 99-484, eff. 10-30-15; 99-558, | ||
eff. 7-15-16; 99-642, eff. 7-28-16; 99-936, eff. 2-24-17.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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