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| Public Act 093-0688 |
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AN ACT concerning alcoholic liquor.
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Be it enacted by the People of the State of Illinois,
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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) (from Ch. 43, par. 127)
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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 the | ||
effective
date of this amendatory Act of 1998.
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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, and | ||
in each of these
cases if the sale of
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 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.
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(Source: P.A. 91-357, eff.
7-29-99; 91-623, eff. 1-1-00; | ||
92-720, eff. 7-25-02; 92-813, eff. 8-21-02;
revised 9-18-02.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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