Bill Text: IL SB0726 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Liquor Control Act of 1934. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-01-09 - Public Act . . . . . . . . . 98-1158 [SB0726 Detail]
Download: Illinois-2013-SB0726-Amended.html
Bill Title: Amends the Liquor Control Act of 1934. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-01-09 - Public Act . . . . . . . . . 98-1158 [SB0726 Detail]
Download: Illinois-2013-SB0726-Amended.html
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1 | AMENDMENT TO SENATE BILL 726
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2 | AMENDMENT NO. ______. Amend Senate Bill 726 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Liquor Control Act of 1934 is amended by | ||||||
5 | changing Section 6-11 as follows:
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6 | (235 ILCS 5/6-11)
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7 | Sec. 6-11. Sale near churches, schools, and hospitals.
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8 | (a) No license shall be issued for the sale at retail of | ||||||
9 | any
alcoholic liquor within 100 feet of any church, school | ||||||
10 | other than an
institution of higher learning, hospital, home | ||||||
11 | for aged or indigent
persons or for veterans, their spouses or | ||||||
12 | children or any military or
naval station, provided, that this | ||||||
13 | prohibition shall not apply to hotels
offering restaurant | ||||||
14 | service, regularly organized clubs, or to
restaurants, food | ||||||
15 | shops or other places where sale of alcoholic liquors
is not | ||||||
16 | the principal business carried on if the place of business so
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1 | exempted is not located in a municipality of more than 500,000 | ||||||
2 | persons,
unless required by local ordinance; nor to the renewal | ||||||
3 | of a license for the
sale at retail of alcoholic liquor on | ||||||
4 | premises within 100 feet of any church
or school where the | ||||||
5 | church or school has been established within such
100 feet | ||||||
6 | since the issuance of the original license. In the case of a
| ||||||
7 | church, the distance of 100 feet shall be measured to the | ||||||
8 | nearest part
of any building used for worship services or | ||||||
9 | educational programs and
not to property boundaries.
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10 | (b) Nothing in this Section shall prohibit the issuance of | ||||||
11 | a retail
license
authorizing the sale of alcoholic liquor to a | ||||||
12 | restaurant, the primary business
of which is the sale of goods | ||||||
13 | baked on the premises if (i) the restaurant is
newly | ||||||
14 | constructed and located on a lot of not less than 10,000 square | ||||||
15 | feet,
(ii) the restaurant costs at least $1,000,000 to | ||||||
16 | construct, (iii) the licensee
is the titleholder to the | ||||||
17 | premises and resides on the premises, and (iv) the
construction | ||||||
18 | of the restaurant is completed within 18 months of the | ||||||
19 | effective
date of this amendatory Act of 1998.
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20 | (c) Nothing in this Section shall prohibit the issuance of | ||||||
21 | a retail
license
authorizing the sale of alcoholic liquor | ||||||
22 | incidental to a restaurant if (1) the
primary
business of the | ||||||
23 | restaurant consists of the sale of food where the sale of
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24 | liquor is incidental to the sale of food and the applicant is a | ||||||
25 | completely new
owner of the restaurant, (2) the immediately
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26 | prior owner or operator of the premises where the restaurant is |
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1 | located
operated the premises as a restaurant and held a valid | ||||||
2 | retail license
authorizing the
sale of alcoholic liquor at the | ||||||
3 | restaurant for at least part of the 24 months
before the
change | ||||||
4 | of ownership, and (3) the restaurant is located 75 or more feet | ||||||
5 | from a
school.
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6 | (d) In the interest of further developing Illinois' economy | ||||||
7 | in the area
of
commerce, tourism, convention, and banquet | ||||||
8 | business, nothing in this
Section shall
prohibit issuance of a | ||||||
9 | retail license authorizing the sale of alcoholic
beverages to a | ||||||
10 | restaurant, banquet facility, grocery store, or hotel having
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11 | not fewer than
150 guest room accommodations located in a | ||||||
12 | municipality of more than 500,000
persons, notwithstanding the | ||||||
13 | proximity of such hotel, restaurant,
banquet facility, or | ||||||
14 | grocery store to any church or school, if the licensed
premises
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15 | described on the license are located within an enclosed mall or | ||||||
16 | building of a
height of at least 6 stories, or 60 feet in the | ||||||
17 | case of a building that has
been registered as a national | ||||||
18 | landmark, or in a grocery store having a
minimum of 56,010 | ||||||
19 | square feet of floor space in a single story building in an
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20 | open mall of at least 3.96 acres that is adjacent to a public | ||||||
21 | school that
opened as a boys technical high school in 1934, or | ||||||
22 | in a grocery store having a minimum of 31,000 square feet of | ||||||
23 | floor space in a single story building located a distance of | ||||||
24 | more than 90 feet but less than 100 feet from a high school | ||||||
25 | that opened in 1928 as a junior high school and became a senior | ||||||
26 | high school in 1933, and in each of these
cases if the sale of
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1 | alcoholic liquors is not the principal business carried on by | ||||||
2 | the licensee.
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3 | For purposes of this Section, a "banquet facility" is any | ||||||
4 | part of a
building that caters to private parties and where the | ||||||
5 | sale of alcoholic liquors
is not the principal business.
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6 | (e) Nothing in this Section shall prohibit the issuance of | ||||||
7 | a license to
a
church or private school to sell at retail | ||||||
8 | alcoholic liquor if any such
sales are limited to periods when | ||||||
9 | groups are assembled on the premises
solely for the promotion | ||||||
10 | of some common object other than the sale or
consumption of | ||||||
11 | alcoholic liquors.
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12 | (f) Nothing in this Section shall prohibit a church or | ||||||
13 | church affiliated
school
located in a home rule municipality or | ||||||
14 | in a municipality with 75,000 or more
inhabitants from locating
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15 | within 100 feet of a property for which there is a preexisting | ||||||
16 | license to sell
alcoholic liquor at retail. In these instances, | ||||||
17 | the local zoning authority
may, by ordinance adopted | ||||||
18 | simultaneously with the granting of an initial
special use | ||||||
19 | zoning permit for the church or church affiliated school, | ||||||
20 | provide
that the 100-foot restriction in this Section shall not | ||||||
21 | apply to that church or
church affiliated school and future | ||||||
22 | retail liquor licenses.
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23 | (g) Nothing in this Section shall prohibit the issuance of | ||||||
24 | a retail
license authorizing the sale of alcoholic liquor at | ||||||
25 | premises within 100 feet,
but not less than 90 feet, of a | ||||||
26 | public school if (1) the premises have been
continuously |
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1 | licensed to sell alcoholic liquor
for a period of at least 50 | ||||||
2 | years,
(2) the premises are located in a municipality having a | ||||||
3 | population of over
500,000 inhabitants, (3) the licensee is an | ||||||
4 | individual who is a member of a
family that has held the | ||||||
5 | previous 3 licenses for that location for more than 25
years, | ||||||
6 | (4) the
principal of the school and the alderman of the ward in | ||||||
7 | which the school is
located have delivered a written statement | ||||||
8 | to the local liquor control
commissioner stating that they do | ||||||
9 | not object to the issuance of a license
under this subsection | ||||||
10 | (g), and (5) the local liquor control commissioner has
received | ||||||
11 | the written consent of a majority of the registered voters who | ||||||
12 | live
within 200 feet of the premises.
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13 | (h) Notwithstanding any provision of this Section to the | ||||||
14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
15 | or renewal of a license authorizing the sale of alcoholic | ||||||
16 | liquor within premises and at an outdoor patio area attached to | ||||||
17 | premises that are located in a municipality with a population | ||||||
18 | in excess of 300,000 inhabitants and that are within 100 feet | ||||||
19 | of a church if:
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20 | (1) the sale of alcoholic liquor at the premises is | ||||||
21 | incidental to the sale of food,
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22 | (2) the sale of liquor is not the principal business | ||||||
23 | carried on by the licensee at the premises, | ||||||
24 | (3) the premises are less than 1,000 square feet, | ||||||
25 | (4) the premises are owned by the University of | ||||||
26 | Illinois, |
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1 | (5) the premises are immediately adjacent to property | ||||||
2 | owned by a church and are not less than 20 nor more than 40 | ||||||
3 | feet from the church space used for worship services, and | ||||||
4 | (6) the principal religious leader at the place of | ||||||
5 | worship has indicated his or her support for the issuance | ||||||
6 | of the license in writing.
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7 | (i) Notwithstanding any provision in this Section to the | ||||||
8 | contrary, nothing in this Section shall prohibit the issuance | ||||||
9 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
10 | that is located within a municipality with a population in | ||||||
11 | excess of 300,000 inhabitants and is within 100 feet of a | ||||||
12 | church, synagogue, or other place of worship if: | ||||||
13 | (1) the primary entrance of the premises and the | ||||||
14 | primary entrance of the church, synagogue, or other place | ||||||
15 | of worship are at least 100 feet apart, on parallel | ||||||
16 | streets, and separated by an alley; and | ||||||
17 | (2) the principal religious leader at the place of | ||||||
18 | worship has not indicated his or her opposition to the | ||||||
19 | issuance or renewal of the license in writing. | ||||||
20 | (j) Notwithstanding any provision in this Section to the | ||||||
21 | contrary, nothing in this Section shall prohibit the issuance | ||||||
22 | of a retail
license authorizing the sale of alcoholic liquor at | ||||||
23 | a theater that is within 100 feet of a church if (1) the church | ||||||
24 | owns the theater, (2) the church leases the theater to one or | ||||||
25 | more entities, and
(3) the theater is used by at least 5 | ||||||
26 | different not-for-profit theater groups. |
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1 | (k) Notwithstanding any provision in this Section to the | ||||||
2 | contrary, nothing in this Section shall prohibit the issuance | ||||||
3 | or renewal of a license authorizing the sale of alcoholic | ||||||
4 | liquor at a premises that is located within a municipality with | ||||||
5 | a population in excess of 1,000,000 inhabitants and is within | ||||||
6 | 100 feet of a school if:
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7 | (1) the primary entrance of the premises and the | ||||||
8 | primary entrance of the school are parallel, on different | ||||||
9 | streets, and separated by an alley; | ||||||
10 | (2) the southeast corner of the premises are at least | ||||||
11 | 350 feet from the southwest corner of the school; | ||||||
12 | (3) the school was built in 1978; | ||||||
13 | (4) the sale of alcoholic liquor at the premises is | ||||||
14 | incidental to the sale of food; | ||||||
15 | (5) the sale of alcoholic liquor is not the principal | ||||||
16 | business carried on by the licensee at the premises; | ||||||
17 | (6) the applicant is the owner of the restaurant and | ||||||
18 | has held a valid license authorizing the sale of alcoholic | ||||||
19 | liquor for the business to be conducted on the premises at | ||||||
20 | a different location for more than 7 years; and | ||||||
21 | (7) the premises is at least 2,300 square feet and sits | ||||||
22 | on a lot that is between 6,100 and 6,150 square feet. | ||||||
23 | (l) Notwithstanding any provision in this Section to the | ||||||
24 | contrary, nothing in this Section shall prohibit the issuance | ||||||
25 | or renewal of a license authorizing the sale of alcoholic | ||||||
26 | liquor at a premises that is located within a municipality with |
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1 | a population in excess of 1,000,000 inhabitants and is within | ||||||
2 | 100 feet of a church or school if: | ||||||
3 | (1) the primary entrance of the premises and the | ||||||
4 | closest entrance of the church or school is at least 90 | ||||||
5 | feet apart and no greater than 95 feet apart; | ||||||
6 | (2) the shortest distance between the premises and the | ||||||
7 | church or school is at least 80 feet apart and no greater | ||||||
8 | than 85 feet apart; | ||||||
9 | (3) the applicant is the owner of the restaurant and on | ||||||
10 | November 15, 2006 held a valid license authorizing the sale | ||||||
11 | of alcoholic liquor for the business to be conducted on the | ||||||
12 | premises for at least 14 different locations; | ||||||
13 | (4) the sale of alcoholic liquor at the premises is | ||||||
14 | incidental to the sale of food; | ||||||
15 | (5) the sale of alcoholic liquor is not the principal | ||||||
16 | business carried on by the licensee at the premises; | ||||||
17 | (6) the premises is at least 3,200 square feet and sits | ||||||
18 | on a lot that is between 7,150 and 7,200 square feet; and | ||||||
19 | (7) the principal religious leader at the place of | ||||||
20 | worship has not indicated his or her opposition to the | ||||||
21 | issuance or renewal of the license in writing.
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22 | (m) Notwithstanding any provision in this Section to the | ||||||
23 | contrary, nothing in this Section shall prohibit the issuance | ||||||
24 | or renewal of a license authorizing the sale of alcoholic | ||||||
25 | liquor at a premises that is located within a municipality with | ||||||
26 | a population in excess of 1,000,000 inhabitants and is within |
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1 | 100 feet of a church if: | ||||||
2 | (1) the premises and the church are perpendicular, and | ||||||
3 | the primary entrance of the premises faces South while the | ||||||
4 | primary entrance of the church faces West and the distance | ||||||
5 | between the two entrances is more than 100 feet; | ||||||
6 | (2) the shortest distance between the premises lot line | ||||||
7 | and the exterior wall of the church is at least 80 feet; | ||||||
8 | (3) the church was established at the current location | ||||||
9 | in 1916 and the present structure was erected in 1925; | ||||||
10 | (4) the premises is a single story, single use building | ||||||
11 | with at least 1,750 square feet and no more than 2,000 | ||||||
12 | square feet; | ||||||
13 | (5) the sale of alcoholic liquor at the premises is | ||||||
14 | incidental to the sale of food; | ||||||
15 | (6) the sale of alcoholic liquor is not the principal | ||||||
16 | business carried on by the licensee at the premises; and | ||||||
17 | (7) the principal religious leader at the place of | ||||||
18 | worship has not indicated his or her opposition to the | ||||||
19 | issuance or renewal of the license in writing. | ||||||
20 | (n) Notwithstanding any provision in this Section to the | ||||||
21 | contrary, nothing in this Section shall prohibit the issuance | ||||||
22 | or renewal of a license authorizing the sale of alcoholic | ||||||
23 | liquor at a premises that is located within a municipality with | ||||||
24 | a population in excess of 1,000,000 inhabitants and is within | ||||||
25 | 100 feet of a school if: | ||||||
26 | (1) the school is a City of Chicago School District 299 |
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1 | school; | ||||||
2 | (2) the school is located within subarea E of City of | ||||||
3 | Chicago Residential Business Planned Development Number | ||||||
4 | 70; | ||||||
5 | (3) the sale of alcoholic liquor is not the principal | ||||||
6 | business carried on by the licensee on the premises; | ||||||
7 | (4) the sale of alcoholic liquor at the premises is | ||||||
8 | incidental to the sale of food; and | ||||||
9 | (5) the administration of City of Chicago School | ||||||
10 | District 299 has expressed, in writing, its support for the | ||||||
11 | issuance of the license. | ||||||
12 | (o) Notwithstanding any provision of this Section to the | ||||||
13 | contrary, nothing in this Section shall prohibit the issuance | ||||||
14 | or renewal of a retail license authorizing the sale of | ||||||
15 | alcoholic liquor at a premises that is located within a | ||||||
16 | municipality in excess of 1,000,000 inhabitants and within 100 | ||||||
17 | feet of a church if: | ||||||
18 | (1) the sale of alcoholic liquor at the premises is | ||||||
19 | incidental to the sale of food; | ||||||
20 | (2) the sale of alcoholic liquor is not the principal | ||||||
21 | business carried on by the licensee at the premises; | ||||||
22 | (3) the premises is located on a street that runs | ||||||
23 | perpendicular to the street on which the church is located; | ||||||
24 | (4) the primary entrance of the premises is at least | ||||||
25 | 100 feet from the primary entrance of the church; | ||||||
26 | (5) the shortest distance between any part of the |
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1 | premises and any part of the church is at least 60 feet; | ||||||
2 | (6) the premises is between 3,600 and 4,000 square feet | ||||||
3 | and sits on a lot that is between 3,600 and 4,000 square | ||||||
4 | feet; and | ||||||
5 | (7) the premises was built in the year 1909. | ||||||
6 | For purposes of this subsection (o), "premises" means a | ||||||
7 | place of business together with a privately owned outdoor | ||||||
8 | location that is adjacent to the place of business. | ||||||
9 | (p) Notwithstanding any provision in this Section to the | ||||||
10 | contrary, nothing in this Section shall prohibit the issuance | ||||||
11 | or renewal of a license authorizing the sale of alcoholic | ||||||
12 | liquor at a premises that is located within a municipality with | ||||||
13 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
14 | feet of a church if: | ||||||
15 | (1) the shortest distance between the backdoor of the | ||||||
16 | premises, which is used as an emergency exit, and the | ||||||
17 | church is at least 80 feet; | ||||||
18 | (2) the church was established at the current location | ||||||
19 | in 1889; and | ||||||
20 | (3) liquor has been sold on the premises since at least | ||||||
21 | 1985. | ||||||
22 | (q) Notwithstanding any provision of this Section to the | ||||||
23 | contrary, nothing in this Section shall prohibit the issuance | ||||||
24 | or renewal of a license authorizing the sale of alcoholic | ||||||
25 | liquor within a premises that is located in a municipality with | ||||||
26 | a population in excess of 1,000,000 inhabitants and within 100 |
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1 | feet of a church-owned property if: | ||||||
2 | (1) the premises is located within a larger building | ||||||
3 | operated as a grocery store; | ||||||
4 | (2) the area of the premises does not exceed 720 square | ||||||
5 | feet and the area of the larger building exceeds 18,000 | ||||||
6 | square feet; | ||||||
7 | (3) the larger building containing the premises is | ||||||
8 | within 100 feet of the nearest property line of a | ||||||
9 | church-owned property on which a church-affiliated school | ||||||
10 | is located; | ||||||
11 | (4) the sale of liquor is not the principal business | ||||||
12 | carried on within the larger building; | ||||||
13 | (5) the primary entrance of the larger building and the | ||||||
14 | premises and the primary entrance of the church-affiliated | ||||||
15 | school are on different, parallel streets, and the distance | ||||||
16 | between the 2 primary entrances is more than 100 feet; | ||||||
17 | (6) the larger building is separated from the | ||||||
18 | church-owned property and church-affiliated school by an | ||||||
19 | alley; | ||||||
20 | (7) the larger building containing the premises and the | ||||||
21 | church building front are on perpendicular streets and are | ||||||
22 | separated by a street; and | ||||||
23 | (8) (Blank). | ||||||
24 | (r) Notwithstanding any provision of this Section to the | ||||||
25 | contrary, nothing in this Section shall prohibit the issuance, | ||||||
26 | renewal, or maintenance of a license authorizing the sale of |
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1 | alcoholic liquor incidental to the sale of food within a | ||||||
2 | restaurant established in a premises that is located in a | ||||||
3 | municipality with a population in excess of 1,000,000 | ||||||
4 | inhabitants and within 100 feet of a church if: | ||||||
5 | (1) the primary entrance of the church and the primary | ||||||
6 | entrance of the restaurant are at least 100 feet apart; | ||||||
7 | (2) the restaurant has operated on the ground floor and | ||||||
8 | lower level of a multi-story, multi-use building for more | ||||||
9 | than 40 years; | ||||||
10 | (3) the primary business of the restaurant consists of | ||||||
11 | the sale of food where the sale of liquor is incidental to | ||||||
12 | the sale of food; | ||||||
13 | (4) the sale of alcoholic liquor is conducted primarily | ||||||
14 | in the below-grade level of the restaurant to which the | ||||||
15 | only public access is by a staircase located inside the | ||||||
16 | restaurant; and | ||||||
17 | (5) the restaurant has held a license authorizing the | ||||||
18 | sale of alcoholic liquor on the premises for more than 40 | ||||||
19 | years. | ||||||
20 | (s) Notwithstanding any provision of this Section to the | ||||||
21 | contrary, nothing in this Section shall prohibit renewal of a | ||||||
22 | license authorizing the sale of alcoholic liquor at a premises | ||||||
23 | that is located within a municipality with a population more | ||||||
24 | than 5,000 and less than 10,000 and is within 100 feet of a | ||||||
25 | church if: | ||||||
26 | (1) the church was established at the location within |
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1 | 100 feet of the premises after a license for the sale of | ||||||
2 | alcoholic liquor at the premises was first issued; | ||||||
3 | (2) a license for sale of alcoholic liquor at the | ||||||
4 | premises was first issued before January 1, 2007; and | ||||||
5 | (3) a license for the sale of alcoholic liquor on the | ||||||
6 | premises has been continuously in effect since January 1, | ||||||
7 | 2007, except for interruptions between licenses of no more | ||||||
8 | than 90 days. | ||||||
9 | (t) Notwithstanding any provision of this Section to the | ||||||
10 | contrary, nothing in this Section shall prohibit the issuance | ||||||
11 | or renewal of a
license authorizing the sale of alcoholic | ||||||
12 | liquor
incidental to the sale of food within a restaurant that | ||||||
13 | is established in a premises that is located in a municipality | ||||||
14 | with a population in excess of 1,000,000 inhabitants and within | ||||||
15 | 100 feet of a school and a church if: | ||||||
16 | (1) the restaurant is located inside a five-story | ||||||
17 | building with over 16,800 square feet of commercial space; | ||||||
18 | (2) the area of the premises does not exceed 31,050 | ||||||
19 | square feet; | ||||||
20 | (3) the area of the restaurant does not exceed 5,800 | ||||||
21 | square feet; | ||||||
22 | (4) the building has no less than 78 condominium units; | ||||||
23 | (5) the construction of the building in which the | ||||||
24 | restaurant is located was completed in 2006; | ||||||
25 | (6) the building has 10 storefront properties, 3 of | ||||||
26 | which are used for the restaurant; |
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1 | (7) the restaurant will open for business in 2010; | ||||||
2 | (8) the building is north of the school and separated | ||||||
3 | by an alley; and | ||||||
4 | (9) the principal religious leader of the church and | ||||||
5 | either the alderman of the ward in which the school is | ||||||
6 | located or the principal of the school have delivered a | ||||||
7 | written statement to the local liquor control commissioner | ||||||
8 | stating that he or she does not object to the issuance of a | ||||||
9 | license under this subsection (t). | ||||||
10 | (u) Notwithstanding any provision in this Section to the | ||||||
11 | contrary, nothing in this Section shall prohibit the issuance | ||||||
12 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
13 | that is located within a municipality with a population in | ||||||
14 | excess of 1,000,000 inhabitants and within 100 feet of a school | ||||||
15 | if: | ||||||
16 | (1) the premises operates as a restaurant and has been | ||||||
17 | in operation since February 2008; | ||||||
18 | (2) the applicant is the owner of the premises; | ||||||
19 | (3) the sale of alcoholic liquor is incidental to the | ||||||
20 | sale of food; | ||||||
21 | (4) the sale of alcoholic liquor is not the principal | ||||||
22 | business carried on by the licensee on the premises; | ||||||
23 | (5) the premises occupy the first floor of a 3-story | ||||||
24 | building that is at least 90 years old; | ||||||
25 | (6) the rear lot of the school and the rear corner of | ||||||
26 | the building that the premises occupy are separated by an |
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1 | alley; | ||||||
2 | (7) the distance from the southwest corner of the | ||||||
3 | property line of the school and the northeast corner of the | ||||||
4 | building that the premises occupy is at least 16 feet, 5 | ||||||
5 | inches; | ||||||
6 | (8) the distance from the rear door of the premises to | ||||||
7 | the southwest corner of the property line of the school is | ||||||
8 | at least 93 feet; | ||||||
9 | (9) the school is a City of Chicago School District 299 | ||||||
10 | school; | ||||||
11 | (10) the school's main structure was erected in 1902 | ||||||
12 | and an addition was built to the main structure in 1959; | ||||||
13 | and | ||||||
14 | (11) the principal of the school and the alderman in | ||||||
15 | whose district the premises are located have expressed, in | ||||||
16 | writing, their support for the issuance of the license. | ||||||
17 | (v) Notwithstanding any provision in this Section to the | ||||||
18 | contrary, nothing in this Section shall prohibit the issuance | ||||||
19 | or renewal of a license authorizing the sale of alcoholic | ||||||
20 | liquor at a premises that is located within a municipality with | ||||||
21 | a population in excess of 1,000,000 inhabitants and is within | ||||||
22 | 100 feet of a school if: | ||||||
23 | (1) the total land area of the premises for which the | ||||||
24 | license or renewal is sought is more than 600,000 square | ||||||
25 | feet; | ||||||
26 | (2) the premises for which the license or renewal is |
| |||||||
| |||||||
1 | sought has more than 600 parking stalls; | ||||||
2 | (3) the total area of all buildings on the premises for | ||||||
3 | which the license or renewal is sought exceeds 140,000 | ||||||
4 | square feet; | ||||||
5 | (4) the property line of the premises for which the | ||||||
6 | license or renewal is sought is separated from the property | ||||||
7 | line of the school by a street; | ||||||
8 | (5) the distance from the school's property line to the | ||||||
9 | property line of the premises for which the license or | ||||||
10 | renewal is sought is at least 60 feet; | ||||||
11 | (6) as of the effective date of this amendatory Act of | ||||||
12 | the 97th General Assembly, the premises for which the | ||||||
13 | license or renewal is sought is located in the Illinois | ||||||
14 | Medical District. | ||||||
15 | (w) Notwithstanding any provision in this Section to the | ||||||
16 | contrary, nothing in this Section shall prohibit the issuance | ||||||
17 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
18 | that is located within a municipality with a population in | ||||||
19 | excess of 1,000,000 inhabitants and within 100 feet of a church | ||||||
20 | if: | ||||||
21 | (1) the sale of alcoholic liquor at the premises is | ||||||
22 | incidental to the sale of food; | ||||||
23 | (2) the sale of alcoholic liquor is not the principal
| ||||||
24 | business carried on by the licensee at the premises; | ||||||
25 | (3) the premises occupy the first floor and basement of | ||||||
26 | a 2-story building that is 106 years old; |
| |||||||
| |||||||
1 | (4) the premises is at least 7,000 square feet and | ||||||
2 | located on a lot that is at least 11,000 square feet; | ||||||
3 | (5) the premises is located directly west of the | ||||||
4 | church, on perpendicular streets, and separated by an | ||||||
5 | alley; | ||||||
6 | (6) the distance between the
property line of the | ||||||
7 | premises and the property line of the church is at least 20 | ||||||
8 | feet; | ||||||
9 | (7) the distance between the primary entrance of the | ||||||
10 | premises and the primary entrance of the church is at least | ||||||
11 | 130 feet; and | ||||||
12 | (8) the church has been at its location for at least 40 | ||||||
13 | years. | ||||||
14 | (x) Notwithstanding any provision of this Section to the | ||||||
15 | contrary, nothing in this Section shall prohibit the issuance | ||||||
16 | or renewal of a license authorizing the sale of alcoholic | ||||||
17 | liquor at a premises that is located within a municipality with | ||||||
18 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
19 | feet of a church if: | ||||||
20 | (1) the sale of alcoholic liquor is not the principal | ||||||
21 | business carried on by the licensee at the premises; | ||||||
22 | (2) the church has been operating in its current | ||||||
23 | location since 1973; | ||||||
24 | (3) the premises has been operating in its current | ||||||
25 | location since 1988; | ||||||
26 | (4) the church and the premises are owned by the same |
| |||||||
| |||||||
1 | parish; | ||||||
2 | (5) the premises is used for cultural and educational | ||||||
3 | purposes; | ||||||
4 | (6) the primary entrance to the premises and the | ||||||
5 | primary entrance to the church are located on the same | ||||||
6 | street; | ||||||
7 | (7) the principal religious leader of the church has | ||||||
8 | indicated his support of the issuance of the license; | ||||||
9 | (8) the premises is a 2-story building of approximately | ||||||
10 | 23,000 square feet; and | ||||||
11 | (9) the premises houses a ballroom on its ground floor | ||||||
12 | of approximately 5,000 square feet. | ||||||
13 | (y) Notwithstanding any provision of this Section to the | ||||||
14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
15 | or renewal of a license authorizing the sale of alcoholic | ||||||
16 | liquor at a premises that is located within a municipality with | ||||||
17 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
18 | feet of a school if: | ||||||
19 | (1) the sale of alcoholic liquor is not the principal | ||||||
20 | business carried on by the licensee at the premises; | ||||||
21 | (2) the sale of alcoholic liquor at the premises is | ||||||
22 | incidental to the sale of food; | ||||||
23 | (3) according to the municipality, the distance | ||||||
24 | between the east property line of the premises and the west | ||||||
25 | property line of the school is 97.8 feet; | ||||||
26 | (4) the school is a City of Chicago School District 299 |
| |||||||
| |||||||
1 | school; | ||||||
2 | (5) the school has been operating since 1959; | ||||||
3 | (6) the primary entrance to the premises and the | ||||||
4 | primary entrance to the school are located on the same | ||||||
5 | street; | ||||||
6 | (7) the street on which the entrances of the premises | ||||||
7 | and the school are located is a major diagonal | ||||||
8 | thoroughfare; | ||||||
9 | (8) the premises is a single-story building of | ||||||
10 | approximately 2,900 square feet; and | ||||||
11 | (9) the premises is used for commercial purposes only. | ||||||
12 | (z) Notwithstanding any provision of this Section to the | ||||||
13 | contrary, nothing in this Section shall prohibit the issuance | ||||||
14 | or renewal of a license authorizing the sale of alcoholic | ||||||
15 | liquor at a premises that is located within a municipality with | ||||||
16 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
17 | feet of a mosque if: | ||||||
18 | (1) the sale of alcoholic liquor is not the principal | ||||||
19 | business carried on by the licensee at the premises; | ||||||
20 | (2) the licensee shall only sell packaged liquors at | ||||||
21 | the premises; | ||||||
22 | (3) the licensee is a national retail chain having over | ||||||
23 | 100 locations within the municipality; | ||||||
24 | (4) the licensee has over 8,000 locations nationwide; | ||||||
25 | (5) the licensee has locations in all 50 states; | ||||||
26 | (6) the premises is located in the North-East quadrant |
| |||||||
| |||||||
1 | of the municipality; | ||||||
2 | (7) the premises is a free-standing building that has | ||||||
3 | "drive-through" pharmacy service; | ||||||
4 | (8) the premises has approximately 14,490 square feet | ||||||
5 | of retail space; | ||||||
6 | (9) the premises has approximately 799 square feet of | ||||||
7 | pharmacy space; | ||||||
8 | (10) the premises is located on a major arterial street | ||||||
9 | that runs east-west and accepts truck traffic; and | ||||||
10 | (11) the alderman of the ward in which the premises is | ||||||
11 | located has expressed, in writing, his or her support for | ||||||
12 | the issuance of the license. | ||||||
13 | (aa) Notwithstanding any provision of this Section to the | ||||||
14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
15 | or renewal of a license authorizing the sale of alcoholic | ||||||
16 | liquor at a premises that is located within a municipality with | ||||||
17 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
18 | feet of a church if: | ||||||
19 | (1) the sale of alcoholic liquor is not the principal | ||||||
20 | business carried on by the licensee at the premises; | ||||||
21 | (2) the licensee shall only sell packaged liquors at | ||||||
22 | the premises; | ||||||
23 | (3) the licensee is a national retail chain having over | ||||||
24 | 100 locations within the municipality; | ||||||
25 | (4) the licensee has over 8,000 locations nationwide; | ||||||
26 | (5) the licensee has locations in all 50 states; |
| |||||||
| |||||||
1 | (6) the premises is located in the North-East quadrant | ||||||
2 | of the municipality; | ||||||
3 | (7) the premises is located across the street from a | ||||||
4 | national grocery chain outlet; | ||||||
5 | (8) the premises has approximately 16,148 square feet | ||||||
6 | of retail space; | ||||||
7 | (9) the premises has approximately 992 square feet of | ||||||
8 | pharmacy space; | ||||||
9 | (10) the premises is located on a major arterial street | ||||||
10 | that runs north-south and accepts truck traffic; and | ||||||
11 | (11) the alderman of the ward in which the premises is | ||||||
12 | located has expressed, in writing, his or her support for | ||||||
13 | the issuance of the license. | ||||||
14 | (bb) Notwithstanding any provision of this Section to the | ||||||
15 | contrary, nothing in this Section shall prohibit the issuance | ||||||
16 | or renewal of a license authorizing the sale of alcoholic | ||||||
17 | liquor at a premises that is located within a municipality with | ||||||
18 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
19 | feet of a church if: | ||||||
20 | (1) the sale of alcoholic liquor is not the principal | ||||||
21 | business carried on by the licensee at the premises; | ||||||
22 | (2) the sale of alcoholic liquor at the premises is | ||||||
23 | incidental to the sale of food; | ||||||
24 | (3) the primary entrance to the premises and the | ||||||
25 | primary entrance to the church are located on the same | ||||||
26 | street; |
| |||||||
| |||||||
1 | (4) the premises is across the street from the church; | ||||||
2 | (5) the street on which the premises and the church are | ||||||
3 | located is a major arterial street that runs east-west; | ||||||
4 | (6) the church is an elder-led and Bible-based Assyrian | ||||||
5 | church; | ||||||
6 | (7) the premises and the church are both single-story | ||||||
7 | buildings; | ||||||
8 | (8) the storefront directly west of the church is being | ||||||
9 | used as a restaurant; and | ||||||
10 | (9) the distance between the northern-most property | ||||||
11 | line of the premises and the southern-most property line of | ||||||
12 | the church is 65 feet. | ||||||
13 | (cc) Notwithstanding any provision of this Section to the | ||||||
14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
15 | or renewal of a license authorizing the sale of alcoholic | ||||||
16 | liquor at a premises that is located within a municipality with | ||||||
17 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
18 | feet of a school if: | ||||||
19 | (1) the sale of alcoholic liquor is not the principal | ||||||
20 | business carried on by the licensee at the premises; | ||||||
21 | (2) the licensee shall only sell packaged liquors at | ||||||
22 | the premises; | ||||||
23 | (3) the licensee is a national retail chain; | ||||||
24 | (4) as of October 25, 2011, the licensee has 1,767 | ||||||
25 | stores operating nationwide, 87 stores operating in the | ||||||
26 | State, and 10 stores operating within the municipality; |
| |||||||
| |||||||
1 | (5) the licensee shall occupy approximately 124,000 | ||||||
2 | square feet of space in the basement and first and second | ||||||
3 | floors of a building located across the street from a | ||||||
4 | school; | ||||||
5 | (6) the school opened in August of 2009 and occupies | ||||||
6 | approximately 67,000 square feet of space; and | ||||||
7 | (7) the building in which the premises shall be located | ||||||
8 | has been listed on the National Register of Historic Places | ||||||
9 | since April 17, 1970. | ||||||
10 | (dd) Notwithstanding any provision in this Section to the | ||||||
11 | contrary, nothing in this Section shall prohibit the issuance | ||||||
12 | or renewal of a license authorizing the sale of alcoholic | ||||||
13 | liquor within a full-service grocery store at a premises that | ||||||
14 | is located within a municipality with a population in excess of | ||||||
15 | 1,000,000 inhabitants and is within 100 feet of a school if: | ||||||
16 | (1) the premises is constructed on land that was | ||||||
17 | purchased from the municipality at a fair market price; | ||||||
18 | (2) the premises is constructed on land that was | ||||||
19 | previously used as a parking facility for public safety | ||||||
20 | employees; | ||||||
21 | (3) the sale of alcoholic liquor is not the principal | ||||||
22 | business carried on by the licensee at the premises; | ||||||
23 | (4) the main entrance to the store is more than 100 | ||||||
24 | feet from the main entrance to the school; | ||||||
25 | (5) the premises is to be new construction; | ||||||
26 | (6) the school is a private school; |
| |||||||
| |||||||
1 | (7) the principal of the school has given written | ||||||
2 | approval for the license; | ||||||
3 | (8) the alderman of the ward where the premises is | ||||||
4 | located has given written approval of the issuance of the | ||||||
5 | license; | ||||||
6 | (9) the grocery store level of the premises is between | ||||||
7 | 60,000 and 70,000 square feet; and | ||||||
8 | (10) the owner and operator of the grocery store | ||||||
9 | operates 2 other grocery stores that have alcoholic liquor | ||||||
10 | licenses within the same municipality. | ||||||
11 | (ee) Notwithstanding any provision in this Section to the | ||||||
12 | contrary, nothing in this Section shall prohibit the issuance | ||||||
13 | or renewal of a license authorizing the sale of alcoholic | ||||||
14 | liquor within a full-service grocery store at a premises that | ||||||
15 | is located within a municipality with a population in excess of | ||||||
16 | 1,000,000 inhabitants and is within 100 feet of a school if: | ||||||
17 | (1) the premises is constructed on land that once | ||||||
18 | contained an industrial steel facility; | ||||||
19 | (2) the premises is located on land that has undergone | ||||||
20 | environmental remediation; | ||||||
21 | (3) the premises is located within a retail complex | ||||||
22 | containing retail stores where some of the stores sell | ||||||
23 | alcoholic beverages; | ||||||
24 | (4) the principal activity of any restaurant in the | ||||||
25 | retail complex is the sale of food, and the sale of | ||||||
26 | alcoholic liquor is incidental to the sale of food; |
| |||||||
| |||||||
1 | (5) the sale of alcoholic liquor is not the principal | ||||||
2 | business carried on by the grocery store; | ||||||
3 | (6) the entrance to any business that sells alcoholic | ||||||
4 | liquor is more than 100 feet from the entrance to the | ||||||
5 | school; | ||||||
6 | (7) the alderman of the ward where the premises is | ||||||
7 | located has given written approval of the issuance of the | ||||||
8 | license; and | ||||||
9 | (8) the principal of the school has given written | ||||||
10 | consent to the issuance of the license. | ||||||
11 | (ff) Notwithstanding any provision of this Section to the | ||||||
12 | contrary, nothing in this Section shall prohibit the issuance | ||||||
13 | or renewal of a license authorizing the sale of alcoholic | ||||||
14 | liquor at a premises that is located within a municipality with | ||||||
15 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
16 | feet of a school if: | ||||||
17 | (1) the sale of alcoholic liquor is not the principal | ||||||
18 | business carried on at the premises; | ||||||
19 | (2) the sale of alcoholic liquor at the premises is | ||||||
20 | incidental to the operation of a theater; | ||||||
21 | (3) the premises is a one and one-half-story building | ||||||
22 | of approximately 10,000 square feet; | ||||||
23 | (4) the school is a City of Chicago School District 299 | ||||||
24 | school; | ||||||
25 | (5) the primary entrance of the premises and the | ||||||
26 | primary entrance of the school are at least 300 feet apart |
| |||||||
| |||||||
1 | and no more than 400 feet apart; | ||||||
2 | (6) the alderman of the ward in which the premises is | ||||||
3 | located has expressed, in writing, his support for the | ||||||
4 | issuance of the license; and | ||||||
5 | (7) the principal of the school has expressed, in | ||||||
6 | writing, that there is no objection to the issuance of a | ||||||
7 | license under this subsection (ff). | ||||||
8 | (gg) Notwithstanding any provision of this Section to the | ||||||
9 | contrary, nothing in this Section shall prohibit the issuance | ||||||
10 | or renewal of a license authorizing the sale of alcoholic | ||||||
11 | liquor incidental to the sale of food within a restaurant or | ||||||
12 | banquet facility established in a premises that is located in a | ||||||
13 | municipality with a population in excess of 1,000,000 | ||||||
14 | inhabitants and within 100 feet of a church if: | ||||||
15 | (1) the sale of alcoholic liquor is not the principal | ||||||
16 | business carried on by the licensee at the premises; | ||||||
17 | (2) the property on which the church is located and the | ||||||
18 | property on which the premises are located are both within | ||||||
19 | a district originally listed on the National Register of | ||||||
20 | Historic Places on February 14, 1979; | ||||||
21 | (3) the property on which the premises are located | ||||||
22 | contains one or more multi-story buildings that are at | ||||||
23 | least 95 years old and have no more than three stories; | ||||||
24 | (4) the building in which the church is located is at | ||||||
25 | least 120 years old; | ||||||
26 | (5) the property on which the church is located is |
| |||||||
| |||||||
1 | immediately adjacent to and west of the property on which | ||||||
2 | the premises are located; | ||||||
3 | (6) the western boundary of the property on which the | ||||||
4 | premises are located is no less than 118 feet in length and | ||||||
5 | no more than 122 feet in length; | ||||||
6 | (7) as of December 31, 2012, both the church property | ||||||
7 | and the property on which the premises are located are | ||||||
8 | within 250 feet of City of Chicago Business-Residential | ||||||
9 | Planned Development Number 38; | ||||||
10 | (8) the principal religious leader at the place of | ||||||
11 | worship has indicated his or her support for the issuance | ||||||
12 | of the license in writing; and | ||||||
13 | (9) the alderman in whose district the premises are | ||||||
14 | located has expressed his or her support for the issuance | ||||||
15 | of the license in writing. | ||||||
16 | For the purposes of this subsection, "banquet facility" | ||||||
17 | means the part of the building that is located on the floor | ||||||
18 | above a restaurant and caters to private parties and where the | ||||||
19 | sale of alcoholic liquors is not the principal business. | ||||||
20 | (hh) Notwithstanding any provision of this Section to the | ||||||
21 | contrary, nothing in this Section shall prohibit the issuance | ||||||
22 | or renewal of a license authorizing the sale of alcoholic | ||||||
23 | liquor within a hotel and at an outdoor patio area attached to | ||||||
24 | the hotel that are located in a municipality with a population | ||||||
25 | in excess of 1,000,000 inhabitants and that are within 100 feet | ||||||
26 | of a hospital if: |
| |||||||
| |||||||
1 | (1) the sale of alcoholic liquor is not the principal | ||||||
2 | business carried on by the licensee at the hotel; | ||||||
3 | (2) the hotel is located within the City of Chicago | ||||||
4 | Business Planned Development Number 468; and | ||||||
5 | (3) the hospital is located within the City of Chicago | ||||||
6 | Institutional Planned Development Number 3. | ||||||
7 | (ii) Notwithstanding any provision of this Section to the | ||||||
8 | contrary, nothing in this Section shall prohibit the issuance | ||||||
9 | or renewal of a license authorizing the sale of alcoholic | ||||||
10 | liquor within a restaurant and at an outdoor patio area | ||||||
11 | attached to the restaurant that are located in a municipality | ||||||
12 | with a population in excess of 1,000,000 inhabitants and that | ||||||
13 | are within 100 feet of a church if: | ||||||
14 | (1) the sale of alcoholic liquor at the premises is not | ||||||
15 | the principal business carried on by the licensee and is | ||||||
16 | incidental to the sale of food; | ||||||
17 | (2) the restaurant has been operated on the street | ||||||
18 | level of a 2-story building located on a corner lot since | ||||||
19 | 2008; | ||||||
20 | (3) the restaurant is between 3,700 and 4,000 square | ||||||
21 | feet and sits on a lot that is no more than 6,200 square | ||||||
22 | feet; | ||||||
23 | (4) the primary entrance to the restaurant and the | ||||||
24 | primary entrance to the church are located on the same | ||||||
25 | street; | ||||||
26 | (5) the street on which the restaurant and the church |
| |||||||
| |||||||
1 | are located is a major east-west street; | ||||||
2 | (6) the restaurant and the church are separated by a | ||||||
3 | one-way northbound street; | ||||||
4 | (7) the church is located to the west of and no more | ||||||
5 | than 65 feet from the restaurant; and | ||||||
6 | (8) the principal religious leader at the place of | ||||||
7 | worship has indicated his or her consent to the issuance of | ||||||
8 | the license in writing. | ||||||
9 | (jj) Notwithstanding any provision of this Section to the | ||||||
10 | contrary, nothing in this Section shall prohibit the issuance | ||||||
11 | or renewal of a license authorizing the sale of alcoholic | ||||||
12 | liquor at premises located within a municipality with a | ||||||
13 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
14 | feet of a church if: | ||||||
15 | (1) the sale of alcoholic liquor is not the principal | ||||||
16 | business carried on by the licensee at the premises; | ||||||
17 | (2) the sale of alcoholic liquor is incidental to the | ||||||
18 | sale of food; | ||||||
19 | (3) the premises are located east of the church, on | ||||||
20 | perpendicular streets, and separated by an alley; | ||||||
21 | (4) the distance between the primary entrance of the | ||||||
22 | premises and the primary entrance of the church is at least | ||||||
23 | 175 feet; | ||||||
24 | (5) the distance between the property line of the | ||||||
25 | premises and the property line of the church is at least 40 | ||||||
26 | feet; |
| |||||||
| |||||||
1 | (6) the licensee has been operating at the premises | ||||||
2 | since 2012; | ||||||
3 | (7) the church was constructed in 1904; | ||||||
4 | (8) the alderman of the ward in which the premises is | ||||||
5 | located has expressed, in writing, his or her support for | ||||||
6 | the issuance of the license; and | ||||||
7 | (9) the principal religious leader of the church has | ||||||
8 | delivered a written statement that he or she does not | ||||||
9 | object to the issuance of a license under this subsection | ||||||
10 | (jj). | ||||||
11 | (kk) Notwithstanding any provision of this Section to the | ||||||
12 | contrary, nothing in this Section shall prohibit the issuance | ||||||
13 | or renewal of a license authorizing the sale of alcoholic | ||||||
14 | liquor at a premises that is located within a municipality with | ||||||
15 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
16 | feet of a school if: | ||||||
17 | (1) the sale of alcoholic liquor is not the principal | ||||||
18 | business carried on by the licensee at the premises; | ||||||
19 | (2) the licensee shall only sell packaged liquors on | ||||||
20 | the premises; | ||||||
21 | (3) the licensee is a national retail chain; | ||||||
22 | (4) as of February 27, 2013, the licensee had 1,778 | ||||||
23 | stores operating nationwide, 89 operating in this State, | ||||||
24 | and 11 stores operating within the municipality; | ||||||
25 | (5) the licensee shall occupy approximately 169,048 | ||||||
26 | square feet of space within a building that is located |
| |||||||
| |||||||
1 | across the street from a tuition-based preschool; and | ||||||
2 | (6) the alderman of the ward in which the premises is | ||||||
3 | located has expressed, in writing, his or her support for | ||||||
4 | the issuance of the license. | ||||||
5 | (ll) Notwithstanding any provision of this Section to the | ||||||
6 | contrary, nothing in this Section shall prohibit the issuance | ||||||
7 | or renewal of a license authorizing the sale of alcoholic | ||||||
8 | liquor at a premises that is located within a municipality with | ||||||
9 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
10 | feet of a school if: | ||||||
11 | (1) the sale of alcoholic liquor is not the principal | ||||||
12 | business carried on by the licensee at the premises; | ||||||
13 | (2) the licensee shall only sell packaged liquors on | ||||||
14 | the premises; | ||||||
15 | (3) the licensee is a national retail chain; | ||||||
16 | (4) as of February 27, 2013, the licensee had 1,778 | ||||||
17 | stores operating nationwide, 89 operating in this State, | ||||||
18 | and 11 stores operating within the municipality; | ||||||
19 | (5) the licensee shall occupy approximately 191,535 | ||||||
20 | square feet of space within a building that is located | ||||||
21 | across the street from an elementary school; and | ||||||
22 | (6) the alderman of the ward in which the premises is | ||||||
23 | located has expressed, in writing, his or her support for | ||||||
24 | the issuance of the license. | ||||||
25 | (mm) Notwithstanding any provision of this Section to the | ||||||
26 | contrary, nothing in this Section shall prohibit the issuance |
| |||||||
| |||||||
1 | or renewal of a license authorizing the sale of alcoholic | ||||||
2 | liquor within premises and at an outdoor patio or sidewalk | ||||||
3 | cafe, or both, attached to premises that are located in a | ||||||
4 | municipality with a population in excess of 1,000,000 | ||||||
5 | inhabitants and that are within 100 feet of a hospital if: | ||||||
6 | (1) the primary business of the restaurant consists of | ||||||
7 | the sale of food where the sale of liquor is incidental to | ||||||
8 | the sale of food; | ||||||
9 | (2) as a restaurant, the premises may or may not offer | ||||||
10 | catering as an incidental part of food service; | ||||||
11 | (3) the primary business of the restaurant is conducted | ||||||
12 | in space owned by a hospital or an entity owned or | ||||||
13 | controlled by, under common control with, or that controls | ||||||
14 | a hospital, and the chief hospital administrator has | ||||||
15 | expressed his or her support for the issuance of the | ||||||
16 | license in writing; and | ||||||
17 | (4) the hospital is an adult acute care facility | ||||||
18 | primarily located within the City of Chicago Institutional | ||||||
19 | Planned Development Number 3. | ||||||
20 | (nn) Notwithstanding any provision of this Section to the | ||||||
21 | contrary, nothing in this Section shall prohibit the issuance | ||||||
22 | or renewal of a license authorizing the sale of alcoholic | ||||||
23 | liquor at a premises that is located within a municipality with | ||||||
24 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
25 | feet of a church if: | ||||||
26 | (1) the sale of alcoholic liquor is not the principal |
| |||||||
| |||||||
1 | business carried out on the premises; | ||||||
2 | (2) the sale of alcoholic liquor at the premises is | ||||||
3 | incidental to the operation of a theater; | ||||||
4 | (3) the premises are a building that was constructed in | ||||||
5 | 1913 and opened on May 24, 1915 as a vaudeville theater, | ||||||
6 | and the premises were converted to a motion picture theater | ||||||
7 | in 1935; | ||||||
8 | (4) the church was constructed in 1889 with a stone | ||||||
9 | exterior; | ||||||
10 | (5) the primary entrance of the premises and the | ||||||
11 | primary entrance of the church are at least 100 feet apart; | ||||||
12 | and | ||||||
13 | (6) the principal religious leader at the place of | ||||||
14 | worship has indicated his or her consent to the issuance of | ||||||
15 | the license in writing; and | ||||||
16 | (7) the alderman in whose ward the premises are located | ||||||
17 | has expressed his or her support for the issuance of the | ||||||
18 | license in writing. | ||||||
19 | (oo) Notwithstanding any provision of this Section to the | ||||||
20 | contrary, nothing in this Section shall prohibit the issuance | ||||||
21 | or renewal of a license authorizing the sale of alcoholic | ||||||
22 | liquor at a premises that is located within a municipality with | ||||||
23 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
24 | feet of a mosque, church, or other place of worship if: | ||||||
25 | (1) the primary entrance of the premises and the | ||||||
26 | primary entrance of the mosque, church, or other place of |
| |||||||
| |||||||
1 | worship are perpendicular and are on different streets; | ||||||
2 | (2) the primary entrance to the premises faces West and | ||||||
3 | the primary entrance to the mosque, church, or other place | ||||||
4 | of worship faces South; | ||||||
5 | (3) the distance between the 2 primary entrances is at | ||||||
6 | least 100 feet; | ||||||
7 | (4) the mosque, church, or other place of worship was | ||||||
8 | established in a location within 100 feet of the premises | ||||||
9 | after a license for the sale of alcohol at the premises was | ||||||
10 | first issued; | ||||||
11 | (5) the mosque, church, or other place of worship was | ||||||
12 | established on or around January 1, 2011; | ||||||
13 | (6) a license for the sale of alcohol at the premises | ||||||
14 | was first issued on or before January 1, 1985; | ||||||
15 | (7) a license for the sale of alcohol at the premises | ||||||
16 | has been continuously in effect since January 1, 1985, | ||||||
17 | except for interruptions between licenses of no more than | ||||||
18 | 90 days; and | ||||||
19 | (8) the premises are a single-story, single-use | ||||||
20 | building of at least 3,000 square feet and no more than | ||||||
21 | 3,380 square feet. | ||||||
22 | (pp) Notwithstanding any provision of this Section to the | ||||||
23 | contrary, nothing in this Section shall prohibit the issuance | ||||||
24 | or renewal of a license authorizing the sale of alcoholic | ||||||
25 | liquor incidental to the sale of food within a restaurant or | ||||||
26 | banquet facility established on premises that are located in a |
| |||||||
| |||||||
1 | municipality with a population in excess of 1,000,000 | ||||||
2 | inhabitants and within 100 feet of at least one church if: | ||||||
3 | (1) the sale of liquor shall not be the principal | ||||||
4 | business carried on by the licensee at the premises; | ||||||
5 | (2) the premises are at least 2,000 6,500 square feet | ||||||
6 | and no more than 10,000 7,900 square feet and is located in | ||||||
7 | a single-story building; | ||||||
8 | (3) the property on which the premises are located is | ||||||
9 | within an area that, as of 2009, was designated as a | ||||||
10 | Renewal Community by the United States Department of | ||||||
11 | Housing and Urban Development; | ||||||
12 | (4) the property on which the premises are located and | ||||||
13 | the properties on which the churches are located are on the | ||||||
14 | same street; | ||||||
15 | (5) the property on which the premises are located is | ||||||
16 | immediately adjacent to and east of the property on which | ||||||
17 | at least one of the churches is located; | ||||||
18 | (6) the property on which the premises are located is | ||||||
19 | across the street and southwest of the property on which | ||||||
20 | another church is located; | ||||||
21 | (7) the principal religious leaders of the churches | ||||||
22 | have indicated their support for the issuance of the | ||||||
23 | license in writing; and | ||||||
24 | (8) the alderman in whose ward the premises are located | ||||||
25 | has expressed his or her support for the issuance of the | ||||||
26 | license in writing. |
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| |||||||
1 | For purposes of this subsection (pp), "banquet facility" | ||||||
2 | means the part of the building that caters to private parties | ||||||
3 | and where the sale of alcoholic liquors is not the principal | ||||||
4 | business. | ||||||
5 | (qq) Notwithstanding any provision of this Section to the | ||||||
6 | contrary, nothing in this Section shall prohibit the issuance | ||||||
7 | or renewal of a license authorizing the sale of alcoholic | ||||||
8 | liquor on premises that are located within a municipality with | ||||||
9 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
10 | feet of a church or school if: | ||||||
11 | (1) the primary entrance of the premises and the | ||||||
12 | closest entrance of the church or school are at least 200 | ||||||
13 | feet apart and no greater than 300 feet apart; | ||||||
14 | (2) the shortest distance between the premises and the | ||||||
15 | church or school is at least 66 feet apart and no greater | ||||||
16 | than 81 feet apart; | ||||||
17 | (3) the premises are a single-story, steel-framed | ||||||
18 | commercial building with at least 18,042 square feet, and | ||||||
19 | was constructed in 1925 and 1997; | ||||||
20 | (4) the owner of the business operated within the | ||||||
21 | premises has been the general manager of a similar | ||||||
22 | supermarket within one mile from the premises, which has | ||||||
23 | had a valid license authorizing the sale of alcoholic | ||||||
24 | liquor since 2002, and is in good standing with the City of | ||||||
25 | Chicago; | ||||||
26 | (5) the principal religious leader at the place of |
| |||||||
| |||||||
1 | worship has indicated his or her support to the issuance or | ||||||
2 | renewal of the license in writing; | ||||||
3 | (6) the alderman of the ward has indicated his or her | ||||||
4 | support to the issuance or renewal of the license in | ||||||
5 | writing; and | ||||||
6 | (7) the principal of the school has indicated his or | ||||||
7 | her support to the issuance or renewal of the license in | ||||||
8 | writing. | ||||||
9 | (rr) Notwithstanding any provision of this Section to the | ||||||
10 | contrary, nothing in this Section shall prohibit the issuance | ||||||
11 | or renewal of a license authorizing the sale of alcoholic | ||||||
12 | liquor at premises located within a municipality with a | ||||||
13 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
14 | feet of a club that leases space to a school if: | ||||||
15 | (1) the sale of alcoholic liquor is not the principal | ||||||
16 | business carried out on the premises; | ||||||
17 | (2) the sale of alcoholic liquor at the premises is | ||||||
18 | incidental to the operation of a grocery store; | ||||||
19 | (3) the premises are a building of approximately 1,750 | ||||||
20 | square feet and is rented by the owners of the grocery | ||||||
21 | store from a family member; | ||||||
22 | (4) the property line of the premises is approximately | ||||||
23 | 68 feet from the property line of the club; | ||||||
24 | (5) the primary entrance of the premises and the | ||||||
25 | primary entrance of the club where the school leases space | ||||||
26 | are at least 100 feet apart; |
| |||||||
| |||||||
1 | (6) the director of the club renting space to the | ||||||
2 | school has indicated his or her consent to the issuance of | ||||||
3 | the license in writing; and | ||||||
4 | (7) the alderman in whose district the premises are | ||||||
5 | located has expressed his or her support for the issuance | ||||||
6 | of the license in writing. | ||||||
7 | (ss) Notwithstanding any provision of this Section to the | ||||||
8 | contrary, nothing in this Section shall prohibit the issuance | ||||||
9 | or renewal of a license authorizing the sale of alcoholic | ||||||
10 | liquor at premises located within a municipality with a | ||||||
11 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
12 | feet of a church if: | ||||||
13 | (1) the premises are located within a 15 unit building | ||||||
14 | with 13 residential apartments and 2 commercial spaces, and | ||||||
15 | the licensee will occupy both commercial spaces; | ||||||
16 | (2) a restaurant has been operated on the premises | ||||||
17 | since June 2011; | ||||||
18 | (3) the restaurant currently occupies 1,075 square | ||||||
19 | feet, but will be expanding to include 975 additional | ||||||
20 | square feet; | ||||||
21 | (4) the sale of alcoholic liquor is not the principal | ||||||
22 | business carried on by the licensee at the premises; | ||||||
23 | (5) the premises are located south of the church and on | ||||||
24 | the same street and are separated by a one-way westbound | ||||||
25 | street; | ||||||
26 | (6) the primary entrance of the premises is at least 93 |
| |||||||
| |||||||
1 | feet from the primary entrance of the church; | ||||||
2 | (7) the shortest distance between any part of the | ||||||
3 | premises and any part of the church is at least 72 feet; | ||||||
4 | (8) the building in which the restaurant is located was | ||||||
5 | built in 1910; | ||||||
6 | (9) the alderman of the ward in which the premises are | ||||||
7 | located has expressed, in writing, his or her support for | ||||||
8 | the issuance of the license; and | ||||||
9 | (10) the principal religious leader of the church has | ||||||
10 | delivered a written statement that he or she does not | ||||||
11 | object to the issuance of a license under this subsection | ||||||
12 | (ss). | ||||||
13 | (tt) Notwithstanding any provision of this Section to the | ||||||
14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
15 | or renewal of a license authorizing the sale of alcoholic | ||||||
16 | liquor at premises located within a municipality with a | ||||||
17 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
18 | feet of a church if: | ||||||
19 | (1) the sale of alcoholic liquor is not the principal | ||||||
20 | business carried on by the licensee at the premises; | ||||||
21 | (2) the sale of alcoholic liquor is incidental to the | ||||||
22 | sale of food; | ||||||
23 | (3) the sale of alcoholic liquor at the premises was | ||||||
24 | previously authorized by a package goods liquor license; | ||||||
25 | (4) the premises are at least 40,000 square feet with | ||||||
26 | 25 parking spaces in the contiguous surface lot to the |
| |||||||
| |||||||
1 | north of the store and 93 parking spaces on the roof; | ||||||
2 | (5) the shortest distance between the lot line of the | ||||||
3 | parking lot of the premises and the exterior wall of the | ||||||
4 | church is at least 80 feet; | ||||||
5 | (6) the distance between the building in which the | ||||||
6 | church is located and the building in which the premises | ||||||
7 | are located is at least 180 feet; | ||||||
8 | (7) the main entrance to the church faces west and is | ||||||
9 | at least 257 feet from the main entrance of the premises; | ||||||
10 | and | ||||||
11 | (8) the applicant is the owner of 10 similar grocery | ||||||
12 | stores within the City of Chicago and the surrounding area | ||||||
13 | and has been in business for more than 30 years. | ||||||
14 | (uu) Notwithstanding any provision of this Section to the | ||||||
15 | contrary, nothing in this Section shall prohibit the issuance | ||||||
16 | or renewal of a license authorizing the sale of alcoholic | ||||||
17 | liquor at premises located within a municipality with a | ||||||
18 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
19 | feet of a church if: | ||||||
20 | (1) the sale of alcoholic liquor is not the principal | ||||||
21 | business carried on by the licensee at the premises; | ||||||
22 | (2) the sale of alcoholic liquor is incidental to the | ||||||
23 | operation of a grocery store; | ||||||
24 | (3) the premises are located in a building that is | ||||||
25 | approximately 68,000 square feet with 157 parking spaces on | ||||||
26 | property that was previously vacant land; |
| |||||||
| |||||||
1 | (4) the main entrance to the church faces west and is | ||||||
2 | at least 500 feet from the entrance of the premises, which | ||||||
3 | faces north; | ||||||
4 | (5) the church and the premises are separated by an | ||||||
5 | alley; | ||||||
6 | (6) the applicant is the owner of 9 similar grocery | ||||||
7 | stores in the City of Chicago and the surrounding area and | ||||||
8 | has been in business for more than 40 years; and | ||||||
9 | (7) the alderman of the ward in which the premises are | ||||||
10 | located has expressed, in writing, his or her support for | ||||||
11 | the issuance of the license. | ||||||
12 | (vv) Notwithstanding any provision of this Section to the | ||||||
13 | contrary, nothing in this Section shall prohibit the issuance | ||||||
14 | or renewal of a license authorizing the sale of alcoholic | ||||||
15 | liquor at premises located within a municipality with a | ||||||
16 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
17 | feet of a church if: | ||||||
18 | (1) the sale of alcoholic liquor is the principal | ||||||
19 | business carried on by the licensee at the premises; | ||||||
20 | (2) the sale of alcoholic liquor is primary to the sale | ||||||
21 | of food; | ||||||
22 | (3) the premises are located south of the church and on | ||||||
23 | perpendicular streets and are separated by a driveway; | ||||||
24 | (4) the primary entrance of the premises is at least | ||||||
25 | 100 feet from the primary entrance of the church; | ||||||
26 | (5) the shortest distance between any part of the |
| |||||||
| |||||||
1 | premises and any part of the church is at least 15 feet; | ||||||
2 | (6) the premises are less than 100 feet from the church | ||||||
3 | center, but greater than 100 feet from the area within the | ||||||
4 | building where church services are held; | ||||||
5 | (7) the premises are 25,830 square feet and sit on a | ||||||
6 | lot that is 0.48 acres; | ||||||
7 | (8) the premises were once designated as a Korean | ||||||
8 | American Presbyterian Church and were once used as a | ||||||
9 | Masonic Temple; | ||||||
10 | (9) the premises were built in 1910; | ||||||
11 | (10) the alderman of the ward in which the premises are | ||||||
12 | located has expressed, in writing, his or her support for | ||||||
13 | the issuance of the license; and | ||||||
14 | (11) the principal religious leader of the church has | ||||||
15 | delivered a written statement that he or she does not | ||||||
16 | object to the issuance of a license under this subsection | ||||||
17 | (vv). | ||||||
18 | For the purposes of this subsection (vv), "premises" means | ||||||
19 | a place of business together with a privately owned outdoor | ||||||
20 | location that is adjacent to the place of business.
| ||||||
21 | (ww) Notwithstanding any provision of this Section to the
| ||||||
22 | contrary, nothing in this Section shall prohibit the issuance
| ||||||
23 | or renewal of a license authorizing the sale of alcoholic
| ||||||
24 | liquor at premises located within a municipality with a
| ||||||
25 | population in excess of 1,000,000 inhabitants and within 100
| ||||||
26 | feet of a school if: |
| |||||||
| |||||||
1 | (1) the school is located within Sub Area III of City | ||||||
2 | of Chicago Residential-Business Planned Development Number | ||||||
3 | 523, as amended; and | ||||||
4 | (2) the premises are located within Sub Area I, Sub | ||||||
5 | Area II, or Sub Area IV of City of Chicago | ||||||
6 | Residential-Business Planned Development Number 523, as | ||||||
7 | amended. | ||||||
8 | (xx) Notwithstanding any provision of this Section to the | ||||||
9 | contrary, nothing in this Section shall prohibit the issuance | ||||||
10 | or renewal of a license authorizing the sale of alcoholic | ||||||
11 | liquor at premises located within a municipality with a | ||||||
12 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
13 | feet of a church if: | ||||||
14 | (1) the sale of wine or wine-related products is the | ||||||
15 | exclusive business carried on by the licensee at the | ||||||
16 | premises; | ||||||
17 | (2) the primary entrance of the premises and the | ||||||
18 | primary entrance of the church are at least 100 feet apart | ||||||
19 | and are located on different streets; | ||||||
20 | (3) the building in which the premises are located and | ||||||
21 | the building in which the church is located are separated | ||||||
22 | by an alley; | ||||||
23 | (4) the premises consists of less than 2,000 square | ||||||
24 | feet of floor area dedicated to the sale of wine or | ||||||
25 | wine-related products; | ||||||
26 | (5) the premises are located on the first floor of a |
| |||||||
| |||||||
1 | 2-story building that is at least 99 years old and has a | ||||||
2 | residential unit on the second floor; and | ||||||
3 | (6) the principal religious leader at the church has | ||||||
4 | indicated his or her support for the issuance or renewal of | ||||||
5 | the license in writing. | ||||||
6 | (Source: P.A. 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634, | ||||||
7 | eff. 12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12; | ||||||
8 | 97-806, eff. 7-13-12; 97-1166, eff. 3-1-13; 98-274, eff. | ||||||
9 | 8-9-13; 98-463, eff. 8-16-13; 98-571, eff. 8-27-13; 98-592, | ||||||
10 | eff. 11-15-13; 98-1092, eff. 8-26-14.)
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
|