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92nd General Assembly

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Public Act 92-0720

HB4214 Enrolled                                LRB9214684LBcs

    AN ACT in relation to alcoholic liquor.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Liquor Control Act of 1934 is amended by
changing Section 6-11 as follows:

    (235 ILCS 5/6-11) (from Ch. 43, par. 127)
    Sec. 6-11.  Sale near churches, schools, and hospitals.
    (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  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 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.
    (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.
    (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
liquor is incidental to the sale of food and the applicant is
a completely new owner of the restaurant, (2) the immediately
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.
    (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 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 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 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.
    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.
    (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.
    (f)  Nothing in this Section shall prohibit a  church  or
church  affiliated  school  located  in  a  municipality with
75,000 or more inhabitants from locating 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.
    (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.
(Source: P.A. 90-617, eff.  7-10-98;  90-655,  eff.  7-30-98;
91-357, eff. 7-29-99; 91-623, eff. 1-1-00.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 09, 2002.
    Approved July 25, 2002.
    Effective July 25, 2002.

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