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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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