100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2436

 

Introduced 1/30/2018, by Sen. Chris Nybo

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/6-11

    Amends the Liquor Control Act of 1934. In a provision prohibiting the issuance or renewal of licenses to sell alcoholic liquor at retail within 100 feet of churches, schools, hospitals, and certain other buildings, provides that a local liquor control commissioner may grant an exemption to that prohibition if a local rule or ordinance authorizes the local liquor control commissioner to grant that exemption. Effective immediately.


LRB100 15374 RPS 30349 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2436LRB100 15374 RPS 30349 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 6-11 as follows:
 
6    (235 ILCS 5/6-11)
7    Sec. 6-11. Sale near churches, schools, and hospitals.
8    (a) No license shall be issued for the sale at retail of
9any alcoholic liquor within 100 feet of any church, school
10other than an institution of higher learning, hospital, home
11for aged or indigent persons or for veterans, their spouses or
12children or any military or naval station, provided, that this
13prohibition shall not apply to hotels offering restaurant
14service, regularly organized clubs, or to restaurants, food
15shops or other places where sale of alcoholic liquors is not
16the principal business carried on if the place of business so
17exempted is not located in a municipality of more than 500,000
18persons, unless required by local ordinance; nor to the renewal
19of a license for the sale at retail of alcoholic liquor on
20premises within 100 feet of any church or school where the
21church or school has been established within such 100 feet
22since the issuance of the original license. In the case of a
23church, the distance of 100 feet shall be measured to the

 

 

SB2436- 2 -LRB100 15374 RPS 30349 b

1nearest part of any building used for worship services or
2educational programs and not to property boundaries.
3    (a-5) Notwithstanding any provision of this Section to the
4contrary, a local liquor control commissioner may grant an
5exemption to the prohibition in subsection (a) of this Section
6if a local rule or ordinance authorizes the local liquor
7control commissioner to grant that exemption.
8    (b) Nothing in this Section shall prohibit the issuance of
9a retail license authorizing the sale of alcoholic liquor to a
10restaurant, the primary business of which is the sale of goods
11baked on the premises if (i) the restaurant is newly
12constructed and located on a lot of not less than 10,000 square
13feet, (ii) the restaurant costs at least $1,000,000 to
14construct, (iii) the licensee is the titleholder to the
15premises and resides on the premises, and (iv) the construction
16of the restaurant is completed within 18 months of July 10,
171998 (the effective date of Public Act 90-617).
18    (c) Nothing in this Section shall prohibit the issuance of
19a retail license authorizing the sale of alcoholic liquor
20incidental to a restaurant if (1) the primary business of the
21restaurant consists of the sale of food where the sale of
22liquor is incidental to the sale of food and the applicant is a
23completely new owner of the restaurant, (2) the immediately
24prior owner or operator of the premises where the restaurant is
25located operated the premises as a restaurant and held a valid
26retail license authorizing the sale of alcoholic liquor at the

 

 

SB2436- 3 -LRB100 15374 RPS 30349 b

1restaurant for at least part of the 24 months before the change
2of ownership, and (3) the restaurant is located 75 or more feet
3from a school.
4    (d) In the interest of further developing Illinois' economy
5in the area of commerce, tourism, convention, and banquet
6business, nothing in this Section shall prohibit issuance of a
7retail license authorizing the sale of alcoholic beverages to a
8restaurant, banquet facility, grocery store, or hotel having
9not fewer than 150 guest room accommodations located in a
10municipality of more than 500,000 persons, notwithstanding the
11proximity of such hotel, restaurant, banquet facility, or
12grocery store to any church or school, if the licensed premises
13described on the license are located within an enclosed mall or
14building of a height of at least 6 stories, or 60 feet in the
15case of a building that has been registered as a national
16landmark, or in a grocery store having a minimum of 56,010
17square feet of floor space in a single story building in an
18open mall of at least 3.96 acres that is adjacent to a public
19school that opened as a boys technical high school in 1934, or
20in a grocery store having a minimum of 31,000 square feet of
21floor space in a single story building located a distance of
22more than 90 feet but less than 100 feet from a high school
23that opened in 1928 as a junior high school and became a senior
24high school in 1933, and in each of these cases if the sale of
25alcoholic liquors is not the principal business carried on by
26the licensee.

 

 

SB2436- 4 -LRB100 15374 RPS 30349 b

1    For purposes of this Section, a "banquet facility" is any
2part of a building that caters to private parties and where the
3sale of alcoholic liquors is not the principal business.
4    (e) Nothing in this Section shall prohibit the issuance of
5a license to a church or private school to sell at retail
6alcoholic liquor if any such sales are limited to periods when
7groups are assembled on the premises solely for the promotion
8of some common object other than the sale or consumption of
9alcoholic liquors.
10    (f) Nothing in this Section shall prohibit a church or
11church affiliated school located in a home rule municipality or
12in a municipality with 75,000 or more inhabitants from locating
13within 100 feet of a property for which there is a preexisting
14license to sell alcoholic liquor at retail. In these instances,
15the local zoning authority may, by ordinance adopted
16simultaneously with the granting of an initial special use
17zoning permit for the church or church affiliated school,
18provide that the 100-foot restriction in this Section shall not
19apply to that church or church affiliated school and future
20retail liquor licenses.
21    (g) Nothing in this Section shall prohibit the issuance of
22a retail license authorizing the sale of alcoholic liquor at
23premises within 100 feet, but not less than 90 feet, of a
24public school if (1) the premises have been continuously
25licensed to sell alcoholic liquor for a period of at least 50
26years, (2) the premises are located in a municipality having a

 

 

SB2436- 5 -LRB100 15374 RPS 30349 b

1population of over 500,000 inhabitants, (3) the licensee is an
2individual who is a member of a family that has held the
3previous 3 licenses for that location for more than 25 years,
4(4) the principal of the school and the alderman of the ward in
5which the school is located have delivered a written statement
6to the local liquor control commissioner stating that they do
7not object to the issuance of a license under this subsection
8(g), and (5) the local liquor control commissioner has received
9the written consent of a majority of the registered voters who
10live within 200 feet of the premises.
11    (h) Notwithstanding any provision of this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license authorizing the sale of alcoholic
14liquor within premises and at an outdoor patio area attached to
15premises that are located in a municipality with a population
16in excess of 300,000 inhabitants and that are within 100 feet
17of 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 liquor is not the principal business
21    carried on by the licensee at the premises,
22        (3) the premises are less than 1,000 square feet,
23        (4) the premises are owned by the University of
24    Illinois,
25        (5) the premises are immediately adjacent to property
26    owned by a church and are not less than 20 nor more than 40

 

 

SB2436- 6 -LRB100 15374 RPS 30349 b

1    feet from the church space used for worship services, and
2        (6) the principal religious leader at the place of
3    worship has indicated his or her support for the issuance
4    of the license in writing.
5    (i) Notwithstanding any provision in this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license to sell alcoholic liquor at a premises
8that is located within a municipality with a population in
9excess of 300,000 inhabitants and is within 100 feet of a
10church, synagogue, or other place of worship if:
11        (1) the primary entrance of the premises and the
12    primary entrance of the church, synagogue, or other place
13    of worship are at least 100 feet apart, on parallel
14    streets, and separated by an alley; and
15        (2) the principal religious leader at the place of
16    worship has not indicated his or her opposition to the
17    issuance or renewal of the license in writing.
18    (j) Notwithstanding any provision in this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20of a retail license authorizing the sale of alcoholic liquor at
21a theater that is within 100 feet of a church if (1) the church
22owns the theater, (2) the church leases the theater to one or
23more entities, and (3) the theater is used by at least 5
24different not-for-profit theater groups.
25    (k) Notwithstanding any provision in this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

SB2436- 7 -LRB100 15374 RPS 30349 b

1or renewal of a license authorizing the sale of alcoholic
2liquor at a premises that is located within a municipality with
3a population in excess of 1,000,000 inhabitants and is within
4100 feet of a school if:
5        (1) the primary entrance of the premises and the
6    primary entrance of the school are parallel, on different
7    streets, and separated by an alley;
8        (2) the southeast corner of the premises are at least
9    350 feet from the southwest corner of the school;
10        (3) the school was built in 1978;
11        (4) the sale of alcoholic liquor at the premises is
12    incidental to the sale of food;
13        (5) the sale of alcoholic liquor is not the principal
14    business carried on by the licensee at the premises;
15        (6) the applicant is the owner of the restaurant and
16    has held a valid license authorizing the sale of alcoholic
17    liquor for the business to be conducted on the premises at
18    a different location for more than 7 years; and
19        (7) the premises is at least 2,300 square feet and sits
20    on a lot that is between 6,100 and 6,150 square feet.
21    (l) Notwithstanding any provision in this Section to the
22contrary, nothing in this Section shall prohibit the issuance
23or renewal of a license authorizing the sale of alcoholic
24liquor at a premises that is located within a municipality with
25a population in excess of 1,000,000 inhabitants and is within
26100 feet of a church or school if:

 

 

SB2436- 8 -LRB100 15374 RPS 30349 b

1        (1) the primary entrance of the premises and the
2    closest entrance of the church or school is at least 90
3    feet apart and no greater than 95 feet apart;
4        (2) the shortest distance between the premises and the
5    church or school is at least 80 feet apart and no greater
6    than 85 feet apart;
7        (3) the applicant is the owner of the restaurant and on
8    November 15, 2006 held a valid license authorizing the sale
9    of alcoholic liquor for the business to be conducted on the
10    premises for at least 14 different locations;
11        (4) the sale of alcoholic liquor at the premises is
12    incidental to the sale of food;
13        (5) the sale of alcoholic liquor is not the principal
14    business carried on by the licensee at the premises;
15        (6) the premises is at least 3,200 square feet and sits
16    on a lot that is between 7,150 and 7,200 square feet; 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    (m) Notwithstanding any provision in this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license authorizing the sale of alcoholic
23liquor at a premises that is located within a municipality with
24a population in excess of 1,000,000 inhabitants and is within
25100 feet of a church if:
26        (1) the premises and the church are perpendicular, and

 

 

SB2436- 9 -LRB100 15374 RPS 30349 b

1    the primary entrance of the premises faces South while the
2    primary entrance of the church faces West and the distance
3    between the two entrances is more than 100 feet;
4        (2) the shortest distance between the premises lot line
5    and the exterior wall of the church is at least 80 feet;
6        (3) the church was established at the current location
7    in 1916 and the present structure was erected in 1925;
8        (4) the premises is a single story, single use building
9    with at least 1,750 square feet and no more than 2,000
10    square feet;
11        (5) the sale of alcoholic liquor at the premises is
12    incidental to the sale of food;
13        (6) the sale of alcoholic liquor is not the principal
14    business carried on by the licensee at the premises; and
15        (7) the principal religious leader at the place of
16    worship has not indicated his or her opposition to the
17    issuance or renewal of the license in writing.
18    (n) Notwithstanding any provision in this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor at a premises that is located within a municipality with
22a population in excess of 1,000,000 inhabitants and is within
23100 feet of a school if:
24        (1) the school is a City of Chicago School District 299
25    school;
26        (2) the school is located within subarea E of City of

 

 

SB2436- 10 -LRB100 15374 RPS 30349 b

1    Chicago Residential Business Planned Development Number
2    70;
3        (3) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee on the premises;
5        (4) the sale of alcoholic liquor at the premises is
6    incidental to the sale of food; and
7        (5) the administration of City of Chicago School
8    District 299 has expressed, in writing, its support for the
9    issuance of the license.
10    (o) Notwithstanding any provision of this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a retail license authorizing the sale of
13alcoholic liquor at a premises that is located within a
14municipality in excess of 1,000,000 inhabitants and within 100
15feet of a church if:
16        (1) the sale of alcoholic liquor at the premises is
17    incidental to the sale of food;
18        (2) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (3) the premises is located on a street that runs
21    perpendicular to the street on which the church is located;
22        (4) the primary entrance of the premises is at least
23    100 feet from the primary entrance of the church;
24        (5) the shortest distance between any part of the
25    premises and any part of the church is at least 60 feet;
26        (6) the premises is between 3,600 and 4,000 square feet

 

 

SB2436- 11 -LRB100 15374 RPS 30349 b

1    and sits on a lot that is between 3,600 and 4,000 square
2    feet; and
3        (7) the premises was built in the year 1909.
4    For purposes of this subsection (o), "premises" means a
5place of business together with a privately owned outdoor
6location that is adjacent to the place of business.
7    (p) Notwithstanding any provision in this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license authorizing the sale of alcoholic
10liquor at a premises that is located within a municipality with
11a population in excess of 1,000,000 inhabitants and within 100
12feet of a church if:
13        (1) the shortest distance between the backdoor of the
14    premises, which is used as an emergency exit, and the
15    church is at least 80 feet;
16        (2) the church was established at the current location
17    in 1889; and
18        (3) liquor has been sold on the premises since at least
19    1985.
20    (q) Notwithstanding any provision of this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license authorizing the sale of alcoholic
23liquor within a premises that is located in a municipality with
24a population in excess of 1,000,000 inhabitants and within 100
25feet of a church-owned property if:
26        (1) the premises is located within a larger building

 

 

SB2436- 12 -LRB100 15374 RPS 30349 b

1    operated as a grocery store;
2        (2) the area of the premises does not exceed 720 square
3    feet and the area of the larger building exceeds 18,000
4    square feet;
5        (3) the larger building containing the premises is
6    within 100 feet of the nearest property line of a
7    church-owned property on which a church-affiliated school
8    is located;
9        (4) the sale of liquor is not the principal business
10    carried on within the larger building;
11        (5) the primary entrance of the larger building and the
12    premises and the primary entrance of the church-affiliated
13    school are on different, parallel streets, and the distance
14    between the 2 primary entrances is more than 100 feet;
15        (6) the larger building is separated from the
16    church-owned property and church-affiliated school by an
17    alley;
18        (7) the larger building containing the premises and the
19    church building front are on perpendicular streets and are
20    separated by a street; and
21        (8) (Blank).
22    (r) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance,
24renewal, or maintenance of a license authorizing the sale of
25alcoholic liquor incidental to the sale of food within a
26restaurant established in a premises that is located in a

 

 

SB2436- 13 -LRB100 15374 RPS 30349 b

1municipality with a population in excess of 1,000,000
2inhabitants and within 100 feet of a church if:
3        (1) the primary entrance of the church and the primary
4    entrance of the restaurant are at least 100 feet apart;
5        (2) the restaurant has operated on the ground floor and
6    lower level of a multi-story, multi-use building for more
7    than 40 years;
8        (3) the primary business of the restaurant consists of
9    the sale of food where the sale of liquor is incidental to
10    the sale of food;
11        (4) the sale of alcoholic liquor is conducted primarily
12    in the below-grade level of the restaurant to which the
13    only public access is by a staircase located inside the
14    restaurant; and
15        (5) the restaurant has held a license authorizing the
16    sale of alcoholic liquor on the premises for more than 40
17    years.
18    (s) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit renewal of a
20license authorizing the sale of alcoholic liquor at a premises
21that is located within a municipality with a population more
22than 5,000 and less than 10,000 and is within 100 feet of a
23church if:
24        (1) the church was established at the location within
25    100 feet of the premises after a license for the sale of
26    alcoholic liquor at the premises was first issued;

 

 

SB2436- 14 -LRB100 15374 RPS 30349 b

1        (2) a license for sale of alcoholic liquor at the
2    premises was first issued before January 1, 2007; and
3        (3) a license for the sale of alcoholic liquor on the
4    premises has been continuously in effect since January 1,
5    2007, except for interruptions between licenses of no more
6    than 90 days.
7    (t) Notwithstanding any provision of this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license authorizing the sale of alcoholic
10liquor incidental to the sale of food within a restaurant that
11is established in a premises that is located in a municipality
12with a population in excess of 1,000,000 inhabitants and within
13100 feet of a school and a church if:
14        (1) the restaurant is located inside a five-story
15    building with over 16,800 square feet of commercial space;
16        (2) the area of the premises does not exceed 31,050
17    square feet;
18        (3) the area of the restaurant does not exceed 5,800
19    square feet;
20        (4) the building has no less than 78 condominium units;
21        (5) the construction of the building in which the
22    restaurant is located was completed in 2006;
23        (6) the building has 10 storefront properties, 3 of
24    which are used for the restaurant;
25        (7) the restaurant will open for business in 2010;
26        (8) the building is north of the school and separated

 

 

SB2436- 15 -LRB100 15374 RPS 30349 b

1    by an alley; and
2        (9) the principal religious leader of the church and
3    either the alderman of the ward in which the school is
4    located or the principal of the school have delivered a
5    written statement to the local liquor control commissioner
6    stating that he or she does not object to the issuance of a
7    license under this subsection (t).
8    (u) Notwithstanding any provision in this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10or renewal of a license to sell alcoholic liquor at a premises
11that is located within a municipality with a population in
12excess of 1,000,000 inhabitants and within 100 feet of a school
13if:
14        (1) the premises operates as a restaurant and has been
15    in operation since February 2008;
16        (2) the applicant is the owner of the premises;
17        (3) the sale of alcoholic liquor is incidental to the
18    sale of food;
19        (4) the sale of alcoholic liquor is not the principal
20    business carried on by the licensee on the premises;
21        (5) the premises occupy the first floor of a 3-story
22    building that is at least 90 years old;
23        (6) the rear lot of the school and the rear corner of
24    the building that the premises occupy are separated by an
25    alley;
26        (7) the distance from the southwest corner of the

 

 

SB2436- 16 -LRB100 15374 RPS 30349 b

1    property line of the school and the northeast corner of the
2    building that the premises occupy is at least 16 feet, 5
3    inches;
4        (8) the distance from the rear door of the premises to
5    the southwest corner of the property line of the school is
6    at least 93 feet;
7        (9) the school is a City of Chicago School District 299
8    school;
9        (10) the school's main structure was erected in 1902
10    and an addition was built to the main structure in 1959;
11    and
12        (11) the principal of the school and the alderman in
13    whose district the premises are located have expressed, in
14    writing, their support for the issuance of the license.
15    (v) Notwithstanding any provision in this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor at a premises that is located within a municipality with
19a population in excess of 1,000,000 inhabitants and is within
20100 feet of a school if:
21        (1) the total land area of the premises for which the
22    license or renewal is sought is more than 600,000 square
23    feet;
24        (2) the premises for which the license or renewal is
25    sought has more than 600 parking stalls;
26        (3) the total area of all buildings on the premises for

 

 

SB2436- 17 -LRB100 15374 RPS 30349 b

1    which the license or renewal is sought exceeds 140,000
2    square feet;
3        (4) the property line of the premises for which the
4    license or renewal is sought is separated from the property
5    line of the school by a street;
6        (5) the distance from the school's property line to the
7    property line of the premises for which the license or
8    renewal is sought is at least 60 feet;
9        (6) as of June 14, 2011 (the effective date of Public
10    Act 97-9), the premises for which the license or renewal is
11    sought is located in the Illinois Medical District.
12    (w) Notwithstanding any provision in this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license to sell alcoholic liquor at a premises
15that is located within a municipality with a population in
16excess of 1,000,000 inhabitants and within 100 feet of a church
17if:
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 occupy the first floor and basement of
23    a 2-story building that is 106 years old;
24        (4) the premises is at least 7,000 square feet and
25    located on a lot that is at least 11,000 square feet;
26        (5) the premises is located directly west of the

 

 

SB2436- 18 -LRB100 15374 RPS 30349 b

1    church, on perpendicular streets, and separated by an
2    alley;
3        (6) the distance between the property line of the
4    premises and the property line of the church is at least 20
5    feet;
6        (7) the distance between the primary entrance of the
7    premises and the primary entrance of the church is at least
8    130 feet; and
9        (8) the church has been at its location for at least 40
10    years.
11    (x) Notwithstanding any provision of this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license authorizing the sale of alcoholic
14liquor at a premises that is located within a municipality with
15a population in excess of 1,000,000 inhabitants and within 100
16feet of a church 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 church has been operating in its current
20    location since 1973;
21        (3) the premises has been operating in its current
22    location since 1988;
23        (4) the church and the premises are owned by the same
24    parish;
25        (5) the premises is used for cultural and educational
26    purposes;

 

 

SB2436- 19 -LRB100 15374 RPS 30349 b

1        (6) the primary entrance to the premises and the
2    primary entrance to the church are located on the same
3    street;
4        (7) the principal religious leader of the church has
5    indicated his support of the issuance of the license;
6        (8) the premises is a 2-story building of approximately
7    23,000 square feet; and
8        (9) the premises houses a ballroom on its ground floor
9    of approximately 5,000 square feet.
10    (y) Notwithstanding any provision of this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor at a premises that is located within a municipality with
14a population in excess of 1,000,000 inhabitants and within 100
15feet of a school if:
16        (1) the sale of alcoholic liquor is not the principal
17    business carried on by the licensee at the premises;
18        (2) the sale of alcoholic liquor at the premises is
19    incidental to the sale of food;
20        (3) according to the municipality, the distance
21    between the east property line of the premises and the west
22    property line of the school is 97.8 feet;
23        (4) the school is a City of Chicago School District 299
24    school;
25        (5) the school has been operating since 1959;
26        (6) the primary entrance to the premises and the

 

 

SB2436- 20 -LRB100 15374 RPS 30349 b

1    primary entrance to the school are located on the same
2    street;
3        (7) the street on which the entrances of the premises
4    and the school are located is a major diagonal
5    thoroughfare;
6        (8) the premises is a single-story building of
7    approximately 2,900 square feet; and
8        (9) the premises is used for commercial purposes only.
9    (z) Notwithstanding any provision of this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor at a premises that is located within a municipality with
13a population in excess of 1,000,000 inhabitants and within 100
14feet of a mosque 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 licensee shall only sell packaged liquors at
18    the premises;
19        (3) the licensee is a national retail chain having over
20    100 locations within the municipality;
21        (4) the licensee has over 8,000 locations nationwide;
22        (5) the licensee has locations in all 50 states;
23        (6) the premises is located in the North-East quadrant
24    of the municipality;
25        (7) the premises is a free-standing building that has
26    "drive-through" pharmacy service;

 

 

SB2436- 21 -LRB100 15374 RPS 30349 b

1        (8) the premises has approximately 14,490 square feet
2    of retail space;
3        (9) the premises has approximately 799 square feet of
4    pharmacy space;
5        (10) the premises is located on a major arterial street
6    that runs east-west and accepts truck traffic; and
7        (11) the alderman of the ward in which the premises is
8    located has expressed, in writing, his or her support for
9    the issuance of the license.
10    (aa) Notwithstanding any provision of this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor at a premises that is located within a municipality with
14a population in excess of 1,000,000 inhabitants and within 100
15feet of a church if:
16        (1) the sale of alcoholic liquor is not the principal
17    business carried on by the licensee at the premises;
18        (2) the licensee shall only sell packaged liquors at
19    the premises;
20        (3) the licensee is a national retail chain having over
21    100 locations within the municipality;
22        (4) the licensee has over 8,000 locations nationwide;
23        (5) the licensee has locations in all 50 states;
24        (6) the premises is located in the North-East quadrant
25    of the municipality;
26        (7) the premises is located across the street from a

 

 

SB2436- 22 -LRB100 15374 RPS 30349 b

1    national grocery chain outlet;
2        (8) the premises has approximately 16,148 square feet
3    of retail space;
4        (9) the premises has approximately 992 square feet of
5    pharmacy space;
6        (10) the premises is located on a major arterial street
7    that runs north-south and accepts truck traffic; and
8        (11) the alderman of the ward in which the premises is
9    located has expressed, in writing, his or her support for
10    the issuance of the license.
11    (bb) Notwithstanding any provision of this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license authorizing the sale of alcoholic
14liquor at a premises that is located within a municipality with
15a population in excess of 1,000,000 inhabitants and within 100
16feet of a church 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 sale of alcoholic liquor at the premises is
20    incidental to the sale of food;
21        (3) the primary entrance to the premises and the
22    primary entrance to the church are located on the same
23    street;
24        (4) the premises is across the street from the church;
25        (5) the street on which the premises and the church are
26    located is a major arterial street that runs east-west;

 

 

SB2436- 23 -LRB100 15374 RPS 30349 b

1        (6) the church is an elder-led and Bible-based Assyrian
2    church;
3        (7) the premises and the church are both single-story
4    buildings;
5        (8) the storefront directly west of the church is being
6    used as a restaurant; and
7        (9) the distance between the northern-most property
8    line of the premises and the southern-most property line of
9    the church is 65 feet.
10    (cc) Notwithstanding any provision of this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor at a premises that is located within a municipality with
14a population in excess of 1,000,000 inhabitants and within 100
15feet of a school if:
16        (1) the sale of alcoholic liquor is not the principal
17    business carried on by the licensee at the premises;
18        (2) the licensee shall only sell packaged liquors at
19    the premises;
20        (3) the licensee is a national retail chain;
21        (4) as of October 25, 2011, the licensee has 1,767
22    stores operating nationwide, 87 stores operating in the
23    State, and 10 stores operating within the municipality;
24        (5) the licensee shall occupy approximately 124,000
25    square feet of space in the basement and first and second
26    floors of a building located across the street from a

 

 

SB2436- 24 -LRB100 15374 RPS 30349 b

1    school;
2        (6) the school opened in August of 2009 and occupies
3    approximately 67,000 square feet of space; and
4        (7) the building in which the premises shall be located
5    has been listed on the National Register of Historic Places
6    since April 17, 1970.
7    (dd) Notwithstanding any provision in this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license authorizing the sale of alcoholic
10liquor within a full-service grocery store at a premises that
11is located within a municipality with a population in excess of
121,000,000 inhabitants and is within 100 feet of a school if:
13        (1) the premises is constructed on land that was
14    purchased from the municipality at a fair market price;
15        (2) the premises is constructed on land that was
16    previously used as a parking facility for public safety
17    employees;
18        (3) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (4) the main entrance to the store is more than 100
21    feet from the main entrance to the school;
22        (5) the premises is to be new construction;
23        (6) the school is a private school;
24        (7) the principal of the school has given written
25    approval for the license;
26        (8) the alderman of the ward where the premises is

 

 

SB2436- 25 -LRB100 15374 RPS 30349 b

1    located has given written approval of the issuance of the
2    license;
3        (9) the grocery store level of the premises is between
4    60,000 and 70,000 square feet; and
5        (10) the owner and operator of the grocery store
6    operates 2 other grocery stores that have alcoholic liquor
7    licenses within the same municipality.
8    (ee) Notwithstanding any provision in this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10or renewal of a license authorizing the sale of alcoholic
11liquor within a full-service grocery store at a premises that
12is located within a municipality with a population in excess of
131,000,000 inhabitants and is within 100 feet of a school if:
14        (1) the premises is constructed on land that once
15    contained an industrial steel facility;
16        (2) the premises is located on land that has undergone
17    environmental remediation;
18        (3) the premises is located within a retail complex
19    containing retail stores where some of the stores sell
20    alcoholic beverages;
21        (4) the principal activity of any restaurant in the
22    retail complex is the sale of food, and the sale of
23    alcoholic liquor is incidental to the sale of food;
24        (5) the sale of alcoholic liquor is not the principal
25    business carried on by the grocery store;
26        (6) the entrance to any business that sells alcoholic

 

 

SB2436- 26 -LRB100 15374 RPS 30349 b

1    liquor is more than 100 feet from the entrance to the
2    school;
3        (7) the alderman of the ward where the premises is
4    located has given written approval of the issuance of the
5    license; and
6        (8) the principal of the school has given written
7    consent to the issuance of the license.
8    (ff) Notwithstanding any provision of this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10or renewal of a license authorizing the sale of alcoholic
11liquor at a premises that is located within a municipality with
12a population in excess of 1,000,000 inhabitants and within 100
13feet of a school if:
14        (1) the sale of alcoholic liquor is not the principal
15    business carried on at the premises;
16        (2) the sale of alcoholic liquor at the premises is
17    incidental to the operation of a theater;
18        (3) the premises is a one and one-half-story building
19    of approximately 10,000 square feet;
20        (4) the school is a City of Chicago School District 299
21    school;
22        (5) the primary entrance of the premises and the
23    primary entrance of the school are at least 300 feet apart
24    and no more than 400 feet apart;
25        (6) the alderman of the ward in which the premises is
26    located has expressed, in writing, his support for the

 

 

SB2436- 27 -LRB100 15374 RPS 30349 b

1    issuance of the license; and
2        (7) the principal of the school has expressed, in
3    writing, that there is no objection to the issuance of a
4    license under this subsection (ff).
5    (gg) Notwithstanding any provision of this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license authorizing the sale of alcoholic
8liquor incidental to the sale of food within a restaurant or
9banquet facility established in a premises that is located in a
10municipality with a population in excess of 1,000,000
11inhabitants and within 100 feet of a church if:
12        (1) the sale of alcoholic liquor is not the principal
13    business carried on by the licensee at the premises;
14        (2) the property on which the church is located and the
15    property on which the premises are located are both within
16    a district originally listed on the National Register of
17    Historic Places on February 14, 1979;
18        (3) the property on which the premises are located
19    contains one or more multi-story buildings that are at
20    least 95 years old and have no more than three stories;
21        (4) the building in which the church is located is at
22    least 120 years old;
23        (5) the property on which the church is located is
24    immediately adjacent to and west of the property on which
25    the premises are located;
26        (6) the western boundary of the property on which the

 

 

SB2436- 28 -LRB100 15374 RPS 30349 b

1    premises are located is no less than 118 feet in length and
2    no more than 122 feet in length;
3        (7) as of December 31, 2012, both the church property
4    and the property on which the premises are located are
5    within 250 feet of City of Chicago Business-Residential
6    Planned Development Number 38;
7        (8) the principal religious leader at the place of
8    worship has indicated his or her support for the issuance
9    of the license in writing; and
10        (9) the alderman in whose district the premises are
11    located has expressed his or her support for the issuance
12    of the license in writing.
13    For the purposes of this subsection, "banquet facility"
14means the part of the building that is located on the floor
15above a restaurant and caters to private parties and where the
16sale of alcoholic liquors is not the principal business.
17    (hh) Notwithstanding any provision of this Section to the
18contrary, nothing in this Section shall prohibit the issuance
19or renewal of a license authorizing the sale of alcoholic
20liquor within a hotel and at an outdoor patio area attached to
21the hotel that are located in a municipality with a population
22in excess of 1,000,000 inhabitants and that are within 100 feet
23of a hospital if:
24        (1) the sale of alcoholic liquor is not the principal
25    business carried on by the licensee at the hotel;
26        (2) the hotel is located within the City of Chicago

 

 

SB2436- 29 -LRB100 15374 RPS 30349 b

1    Business Planned Development Number 468; and
2        (3) the hospital is located within the City of Chicago
3    Institutional Planned Development Number 3.
4    (ii) Notwithstanding any provision of this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6or renewal of a license authorizing the sale of alcoholic
7liquor within a restaurant and at an outdoor patio area
8attached to the restaurant that are located in a municipality
9with a population in excess of 1,000,000 inhabitants and that
10are within 100 feet of a church if:
11        (1) the sale of alcoholic liquor at the premises is not
12    the principal business carried on by the licensee and is
13    incidental to the sale of food;
14        (2) the restaurant has been operated on the street
15    level of a 2-story building located on a corner lot since
16    2008;
17        (3) the restaurant is between 3,700 and 4,000 square
18    feet and sits on a lot that is no more than 6,200 square
19    feet;
20        (4) the primary entrance to the restaurant and the
21    primary entrance to the church are located on the same
22    street;
23        (5) the street on which the restaurant and the church
24    are located is a major east-west street;
25        (6) the restaurant and the church are separated by a
26    one-way northbound street;

 

 

SB2436- 30 -LRB100 15374 RPS 30349 b

1        (7) the church is located to the west of and no more
2    than 65 feet from the restaurant; and
3        (8) the principal religious leader at the place of
4    worship has indicated his or her consent to the issuance of
5    the license in writing.
6    (jj) Notwithstanding any provision of this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor at premises located within a municipality with a
10population in excess of 1,000,000 inhabitants and within 100
11feet of a church if:
12        (1) the sale of alcoholic liquor is not the principal
13    business carried on by the licensee at the premises;
14        (2) the sale of alcoholic liquor is incidental to the
15    sale of food;
16        (3) the premises are located east of the church, on
17    perpendicular streets, and separated by an alley;
18        (4) the distance between the primary entrance of the
19    premises and the primary entrance of the church is at least
20    175 feet;
21        (5) the distance between the property line of the
22    premises and the property line of the church is at least 40
23    feet;
24        (6) the licensee has been operating at the premises
25    since 2012;
26        (7) the church was constructed in 1904;

 

 

SB2436- 31 -LRB100 15374 RPS 30349 b

1        (8) the alderman of the ward in which the premises is
2    located has expressed, in writing, his or her support for
3    the issuance of the license; and
4        (9) the principal religious leader of the church has
5    delivered a written statement that he or she does not
6    object to the issuance of a license under this subsection
7    (jj).
8    (kk) Notwithstanding any provision of this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10or renewal of a license authorizing the sale of alcoholic
11liquor at a premises that is located within a municipality with
12a population in excess of 1,000,000 inhabitants and within 100
13feet of a school if:
14        (1) the sale of alcoholic liquor is not the principal
15    business carried on by the licensee at the premises;
16        (2) the licensee shall only sell packaged liquors on
17    the premises;
18        (3) the licensee is a national retail chain;
19        (4) as of February 27, 2013, the licensee had 1,778
20    stores operating nationwide, 89 operating in this State,
21    and 11 stores operating within the municipality;
22        (5) the licensee shall occupy approximately 169,048
23    square feet of space within a building that is located
24    across the street from a tuition-based preschool; and
25        (6) the alderman of the ward in which the premises is
26    located has expressed, in writing, his or her support for

 

 

SB2436- 32 -LRB100 15374 RPS 30349 b

1    the issuance of the license.
2    (ll) Notwithstanding any provision of this Section to the
3contrary, nothing in this Section shall prohibit the issuance
4or renewal of a license authorizing the sale of alcoholic
5liquor at a premises that is located within a municipality with
6a population in excess of 1,000,000 inhabitants and within 100
7feet of a school if:
8        (1) the sale of alcoholic liquor is not the principal
9    business carried on by the licensee at the premises;
10        (2) the licensee shall only sell packaged liquors on
11    the premises;
12        (3) the licensee is a national retail chain;
13        (4) as of February 27, 2013, the licensee had 1,778
14    stores operating nationwide, 89 operating in this State,
15    and 11 stores operating within the municipality;
16        (5) the licensee shall occupy approximately 191,535
17    square feet of space within a building that is located
18    across the street from an elementary school; and
19        (6) the alderman of the ward in which the premises is
20    located has expressed, in writing, his or her support for
21    the issuance of the license.
22    (mm) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor within premises and at an outdoor patio or sidewalk
26cafe, or both, attached to premises that are located in a

 

 

SB2436- 33 -LRB100 15374 RPS 30349 b

1municipality with a population in excess of 1,000,000
2inhabitants and that are within 100 feet of a hospital if:
3        (1) the primary business of the restaurant consists of
4    the sale of food where the sale of liquor is incidental to
5    the sale of food;
6        (2) as a restaurant, the premises may or may not offer
7    catering as an incidental part of food service;
8        (3) the primary business of the restaurant is conducted
9    in space owned by a hospital or an entity owned or
10    controlled by, under common control with, or that controls
11    a hospital, and the chief hospital administrator has
12    expressed his or her support for the issuance of the
13    license in writing; and
14        (4) the hospital is an adult acute care facility
15    primarily located within the City of Chicago Institutional
16    Planned Development Number 3.
17    (nn) Notwithstanding any provision of this Section to the
18contrary, nothing in this Section shall prohibit the issuance
19or renewal of a license authorizing the sale of alcoholic
20liquor at a premises that is located within a municipality with
21a population in excess of 1,000,000 inhabitants and within 100
22feet of a church if:
23        (1) the sale of alcoholic liquor is not the principal
24    business carried out on the premises;
25        (2) the sale of alcoholic liquor at the premises is
26    incidental to the operation of a theater;

 

 

SB2436- 34 -LRB100 15374 RPS 30349 b

1        (3) the premises are a building that was constructed in
2    1913 and opened on May 24, 1915 as a vaudeville theater,
3    and the premises were converted to a motion picture theater
4    in 1935;
5        (4) the church was constructed in 1889 with a stone
6    exterior;
7        (5) the primary entrance of the premises and the
8    primary entrance of the church are at least 100 feet apart;
9        (6) the principal religious leader at the place of
10    worship has indicated his or her consent to the issuance of
11    the license in writing; and
12        (7) the alderman in whose ward the premises are located
13    has expressed his or her support for the issuance of the
14    license in writing.
15    (oo) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor at a premises that is located within a municipality with
19a population in excess of 1,000,000 inhabitants and within 100
20feet of a mosque, church, or other place of worship if:
21        (1) the primary entrance of the premises and the
22    primary entrance of the mosque, church, or other place of
23    worship are perpendicular and are on different streets;
24        (2) the primary entrance to the premises faces West and
25    the primary entrance to the mosque, church, or other place
26    of worship faces South;

 

 

SB2436- 35 -LRB100 15374 RPS 30349 b

1        (3) the distance between the 2 primary entrances is at
2    least 100 feet;
3        (4) the mosque, church, or other place of worship was
4    established in a location within 100 feet of the premises
5    after a license for the sale of alcohol at the premises was
6    first issued;
7        (5) the mosque, church, or other place of worship was
8    established on or around January 1, 2011;
9        (6) a license for the sale of alcohol at the premises
10    was first issued on or before January 1, 1985;
11        (7) a license for the sale of alcohol at the premises
12    has been continuously in effect since January 1, 1985,
13    except for interruptions between licenses of no more than
14    90 days; and
15        (8) the premises are a single-story, single-use
16    building of at least 3,000 square feet and no more than
17    3,380 square feet.
18    (pp) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor incidental to the sale of food within a restaurant or
22banquet facility established on premises that are located in a
23municipality with a population in excess of 1,000,000
24inhabitants and within 100 feet of at least one church if:
25        (1) the sale of liquor shall not be the principal
26    business carried on by the licensee at the premises;

 

 

SB2436- 36 -LRB100 15374 RPS 30349 b

1        (2) the premises are at least 2,000 square feet and no
2    more than 10,000 square feet and is located in a
3    single-story building;
4        (3) the property on which the premises are located is
5    within an area that, as of 2009, was designated as a
6    Renewal Community by the United States Department of
7    Housing and Urban Development;
8        (4) the property on which the premises are located and
9    the properties on which the churches are located are on the
10    same street;
11        (5) the property on which the premises are located is
12    immediately adjacent to and east of the property on which
13    at least one of the churches is located;
14        (6) the property on which the premises are located is
15    across the street and southwest of the property on which
16    another church is located;
17        (7) the principal religious leaders of the churches
18    have indicated their support for the issuance of the
19    license in writing; and
20        (8) the alderman in whose ward the premises are located
21    has expressed his or her support for the issuance of the
22    license in writing.
23    For purposes of this subsection (pp), "banquet facility"
24means the part of the building that caters to private parties
25and where the sale of alcoholic liquors is not the principal
26business.

 

 

SB2436- 37 -LRB100 15374 RPS 30349 b

1    (qq) Notwithstanding any provision of this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor on premises that are located within a municipality with
5a population in excess of 1,000,000 inhabitants and within 100
6feet of a church or school if:
7        (1) the primary entrance of the premises and the
8    closest entrance of the church or school are at least 200
9    feet apart and no greater than 300 feet apart;
10        (2) the shortest distance between the premises and the
11    church or school is at least 66 feet apart and no greater
12    than 81 feet apart;
13        (3) the premises are a single-story, steel-framed
14    commercial building with at least 18,042 square feet, and
15    was constructed in 1925 and 1997;
16        (4) the owner of the business operated within the
17    premises has been the general manager of a similar
18    supermarket within one mile from the premises, which has
19    had a valid license authorizing the sale of alcoholic
20    liquor since 2002, and is in good standing with the City of
21    Chicago;
22        (5) the principal religious leader at the place of
23    worship has indicated his or her support to the issuance or
24    renewal of the license in writing;
25        (6) the alderman of the ward has indicated his or her
26    support to the issuance or renewal of the license in

 

 

SB2436- 38 -LRB100 15374 RPS 30349 b

1    writing; and
2        (7) the principal of the school has indicated his or
3    her support to the issuance or renewal of the license in
4    writing.
5    (rr) Notwithstanding any provision of this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license authorizing the sale of alcoholic
8liquor at premises located within a municipality with a
9population in excess of 1,000,000 inhabitants and within 100
10feet of a club that leases space to a school if:
11        (1) the sale of alcoholic liquor is not the principal
12    business carried out on the premises;
13        (2) the sale of alcoholic liquor at the premises is
14    incidental to the operation of a grocery store;
15        (3) the premises are a building of approximately 1,750
16    square feet and is rented by the owners of the grocery
17    store from a family member;
18        (4) the property line of the premises is approximately
19    68 feet from the property line of the club;
20        (5) the primary entrance of the premises and the
21    primary entrance of the club where the school leases space
22    are at least 100 feet apart;
23        (6) the director of the club renting space to the
24    school has indicated his or her consent to the issuance of
25    the license in writing; and
26        (7) the alderman in whose district the premises are

 

 

SB2436- 39 -LRB100 15374 RPS 30349 b

1    located has expressed his or her support for the issuance
2    of the license in writing.
3    (ss) Notwithstanding any provision of this Section to the
4contrary, nothing in this Section shall prohibit the issuance
5or renewal of a license authorizing the sale of alcoholic
6liquor at premises located within a municipality with a
7population in excess of 1,000,000 inhabitants and within 100
8feet of a church if:
9        (1) the premises are located within a 15 unit building
10    with 13 residential apartments and 2 commercial spaces, and
11    the licensee will occupy both commercial spaces;
12        (2) a restaurant has been operated on the premises
13    since June 2011;
14        (3) the restaurant currently occupies 1,075 square
15    feet, but will be expanding to include 975 additional
16    square feet;
17        (4) the sale of alcoholic liquor is not the principal
18    business carried on by the licensee at the premises;
19        (5) the premises are located south of the church and on
20    the same street and are separated by a one-way westbound
21    street;
22        (6) the primary entrance of the premises is at least 93
23    feet from the primary entrance of the church;
24        (7) the shortest distance between any part of the
25    premises and any part of the church is at least 72 feet;
26        (8) the building in which the restaurant is located was

 

 

SB2436- 40 -LRB100 15374 RPS 30349 b

1    built in 1910;
2        (9) the alderman of the ward in which the premises are
3    located has expressed, in writing, his or her support for
4    the issuance of the license; and
5        (10) the principal religious leader of the church has
6    delivered a written statement that he or she does not
7    object to the issuance of a license under this subsection
8    (ss).
9    (tt) Notwithstanding any provision of this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor at premises located within a municipality with a
13population in excess of 1,000,000 inhabitants and within 100
14feet 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 sale of alcoholic liquor at the premises was
20    previously authorized by a package goods liquor license;
21        (4) the premises are at least 40,000 square feet with
22    25 parking spaces in the contiguous surface lot to the
23    north of the store and 93 parking spaces on the roof;
24        (5) the shortest distance between the lot line of the
25    parking lot of the premises and the exterior wall of the
26    church is at least 80 feet;

 

 

SB2436- 41 -LRB100 15374 RPS 30349 b

1        (6) the distance between the building in which the
2    church is located and the building in which the premises
3    are located is at least 180 feet;
4        (7) the main entrance to the church faces west and is
5    at least 257 feet from the main entrance of the premises;
6    and
7        (8) the applicant is the owner of 10 similar grocery
8    stores within the City of Chicago and the surrounding area
9    and has been in business for more than 30 years.
10    (uu) Notwithstanding any provision of this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor at premises located within a municipality with a
14population in excess of 1,000,000 inhabitants and within 100
15feet of a church if:
16        (1) the sale of alcoholic liquor is not the principal
17    business carried on by the licensee at the premises;
18        (2) the sale of alcoholic liquor is incidental to the
19    operation of a grocery store;
20        (3) the premises are located in a building that is
21    approximately 68,000 square feet with 157 parking spaces on
22    property that was previously vacant land;
23        (4) the main entrance to the church faces west and is
24    at least 500 feet from the entrance of the premises, which
25    faces north;
26        (5) the church and the premises are separated by an

 

 

SB2436- 42 -LRB100 15374 RPS 30349 b

1    alley;
2        (6) the applicant is the owner of 9 similar grocery
3    stores in the City of Chicago and the surrounding area and
4    has been in business for more than 40 years; and
5        (7) the alderman of the ward in which the premises are
6    located has expressed, in writing, his or her support for
7    the issuance of the license.
8    (vv) Notwithstanding any provision of this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10or renewal of a license authorizing the sale of alcoholic
11liquor at premises located within a municipality with a
12population in excess of 1,000,000 inhabitants and within 100
13feet of a church if:
14        (1) the sale of alcoholic liquor is the principal
15    business carried on by the licensee at the premises;
16        (2) the sale of alcoholic liquor is primary to the sale
17    of food;
18        (3) the premises are located south of the church and on
19    perpendicular streets and are separated by a driveway;
20        (4) the primary entrance of the premises is at least
21    100 feet from the primary entrance of the church;
22        (5) the shortest distance between any part of the
23    premises and any part of the church is at least 15 feet;
24        (6) the premises are less than 100 feet from the church
25    center, but greater than 100 feet from the area within the
26    building where church services are held;

 

 

SB2436- 43 -LRB100 15374 RPS 30349 b

1        (7) the premises are 25,830 square feet and sit on a
2    lot that is 0.48 acres;
3        (8) the premises were once designated as a Korean
4    American Presbyterian Church and were once used as a
5    Masonic Temple;
6        (9) the premises were built in 1910;
7        (10) the alderman of the ward in which the premises are
8    located has expressed, in writing, his or her support for
9    the issuance of the license; and
10        (11) the principal religious leader of the church has
11    delivered a written statement that he or she does not
12    object to the issuance of a license under this subsection
13    (vv).
14    For the purposes of this subsection (vv), "premises" means
15a place of business together with a privately owned outdoor
16location that is adjacent to the place of business.
17    (ww) Notwithstanding any provision of this Section to the
18contrary, nothing in this Section shall prohibit the issuance
19or renewal of a license authorizing the sale of alcoholic
20liquor at premises located within a municipality with a
21population in excess of 1,000,000 inhabitants and within 100
22feet of a school if:
23        (1) the school is located within Sub Area III of City
24    of Chicago Residential-Business Planned Development Number
25    523, as amended; and
26        (2) the premises are located within Sub Area I, Sub

 

 

SB2436- 44 -LRB100 15374 RPS 30349 b

1    Area II, or Sub Area IV of City of Chicago
2    Residential-Business Planned Development Number 523, as
3    amended.
4    (xx) Notwithstanding any provision of this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6or renewal of a license authorizing the sale of alcoholic
7liquor at premises located within a municipality with a
8population in excess of 1,000,000 inhabitants and within 100
9feet of a church if:
10        (1) the sale of wine or wine-related products is the
11    exclusive business carried on by the licensee at the
12    premises;
13        (2) the primary entrance of the premises and the
14    primary entrance of the church are at least 100 feet apart
15    and are located on different streets;
16        (3) the building in which the premises are located and
17    the building in which the church is located are separated
18    by an alley;
19        (4) the premises consists of less than 2,000 square
20    feet of floor area dedicated to the sale of wine or
21    wine-related products;
22        (5) the premises are located on the first floor of a
23    2-story building that is at least 99 years old and has a
24    residential unit on the second floor; and
25        (6) the principal religious leader at the church has
26    indicated his or her support for the issuance or renewal of

 

 

SB2436- 45 -LRB100 15374 RPS 30349 b

1    the license in writing.
2    (yy) Notwithstanding any provision of this Section to the
3contrary, nothing in this Section shall prohibit the issuance
4or renewal of a license authorizing the sale of alcoholic
5liquor at premises located within a municipality with a
6population in excess of 1,000,000 inhabitants and within 100
7feet of a church if:
8        (1) the premises are a 27-story hotel containing 191
9    guest rooms;
10        (2) the sale of alcoholic liquor is not the principal
11    business carried on by the licensee at the premises and is
12    limited to a restaurant located on the first floor of the
13    hotel;
14        (3) the hotel is adjacent to the church;
15        (4) the site is zoned as DX-16;
16        (5) the principal religious leader of the church has
17    delivered a written statement that he or she does not
18    object to the issuance of a license under this subsection
19    (yy); and
20        (6) the alderman of the ward in which the premises are
21    located has expressed, in writing, his or her support for
22    the issuance of the license.
23    (zz) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor at premises located within a municipality with a

 

 

SB2436- 46 -LRB100 15374 RPS 30349 b

1population in excess of 1,000,000 inhabitants and within 100
2feet of a church if:
3        (1) the premises are a 15-story hotel containing 143
4    guest rooms;
5        (2) the premises are approximately 85,691 square feet;
6        (3) a restaurant is operated on the premises;
7        (4) the restaurant is located in the first floor lobby
8    of the hotel;
9        (5) the sale of alcoholic liquor is not the principal
10    business carried on by the licensee at the premises;
11        (6) the hotel is located approximately 50 feet from the
12    church and is separated from the church by a public street
13    on the ground level and by air space on the upper level,
14    which is where the public entrances are located;
15        (7) the site is zoned as DX-16;
16        (8) the principal religious leader of the church has
17    delivered a written statement that he or she does not
18    object to the issuance of a license under this subsection
19    (zz); and
20        (9) the alderman of the ward in which the premises are
21    located has expressed, in writing, his or her support for
22    the issuance of the license.
23    (aaa) Notwithstanding any provision in this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor within a full-service grocery store at premises located

 

 

SB2436- 47 -LRB100 15374 RPS 30349 b

1within a municipality with a population in excess of 1,000,000
2inhabitants and within 100 feet of a school if:
3        (1) the sale of alcoholic liquor is not the primary
4    business activity of the grocery store;
5        (2) the premises are newly constructed on land that was
6    formerly used by the Young Men's Christian Association;
7        (3) the grocery store is located within a planned
8    development that was approved by the municipality in 2007;
9        (4) the premises are located in a multi-building,
10    mixed-use complex;
11        (5) the entrance to the grocery store is located more
12    than 200 feet from the entrance to the school;
13        (6) the entrance to the grocery store is located across
14    the street from the back of the school building, which is
15    not used for student or public access;
16        (7) the grocery store executed a binding lease for the
17    property in 2008;
18        (8) the premises consist of 2 levels and occupy more
19    than 80,000 square feet;
20        (9) the owner and operator of the grocery store
21    operates at least 10 other grocery stores that have
22    alcoholic liquor licenses within the same municipality;
23    and
24        (10) the director of the school has expressed, in
25    writing, his or her support for the issuance of the
26    license.

 

 

SB2436- 48 -LRB100 15374 RPS 30349 b

1    (bbb) Notwithstanding any provision of this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor at premises located within a municipality with a
5population in excess of 1,000,000 inhabitants and within 100
6feet of a church if:
7        (1) the sale of alcoholic liquor at the premises is
8    incidental to the sale of food;
9        (2) the premises are located in a single-story building
10    of primarily brick construction containing at least 6
11    commercial units constructed before 1940;
12        (3) the premises are located in a B3-2 zoning district;
13        (4) the premises are less than 4,000 square feet;
14        (5) the church established its congregation in 1891 and
15    completed construction of the church building in 1990;
16        (6) the premises are located south of the church;
17        (7) the premises and church are located on the same
18    street and are separated by a one-way westbound street; and
19        (8) the principal religious leader of the church has
20    not indicated his or her opposition to the issuance or
21    renewal of the license in writing.
22    (ccc) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor within a full-service grocery store at premises located
26within a municipality with a population in excess of 1,000,000

 

 

SB2436- 49 -LRB100 15374 RPS 30349 b

1inhabitants and within 100 feet of a church and school if:
2        (1) as of March 14, 2007, the premises are located in a
3    City of Chicago Residential-Business Planned Development
4    No. 1052;
5        (2) the sale of alcoholic liquor is not the principal
6    business carried on by the licensee at the premises;
7        (3) the sale of alcoholic liquor is incidental to the
8    operation of a grocery store and comprises no more than 10%
9    of the total in-store sales;
10        (4) the owner and operator of the grocery store
11    operates at least 10 other grocery stores that have
12    alcoholic liquor licenses within the same municipality;
13        (5) the premises are new construction when the license
14    is first issued;
15        (6) the constructed premises are to be no less than
16    50,000 square feet;
17        (7) the school is a private church-affiliated school;
18        (8) the premises and the property containing the church
19    and church-affiliated school are located on perpendicular
20    streets and the school and church are adjacent to one
21    another;
22        (9) the pastor of the church and school has expressed,
23    in writing, support for the issuance of the license; and
24        (10) the alderman of the ward in which the premises are
25    located has expressed, in writing, his or her support for
26    the issuance of the license.

 

 

SB2436- 50 -LRB100 15374 RPS 30349 b

1    (ddd) Notwithstanding any provision of this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor at premises located within a municipality with a
5population in excess of 1,000,000 inhabitants and within 100
6feet of a church or school if:
7        (1) the business has been issued a license from the
8    municipality to allow the business to operate a theater on
9    the premises;
10        (2) the theater has less than 200 seats;
11        (3) the premises are approximately 2,700 to 3,100
12    square feet of space;
13        (4) the premises are located to the north of the
14    church;
15        (5) the primary entrance of the premises and the
16    primary entrance of any church within 100 feet of the
17    premises are located either on a different street or across
18    a right-of-way from the premises;
19        (6) the primary entrance of the premises and the
20    primary entrance of any school within 100 feet of the
21    premises are located either on a different street or across
22    a right-of-way from the premises;
23        (7) the premises are located in a building that is at
24    least 100 years old; and
25        (8) any church or school located within 100 feet of the
26    premises has indicated its support for the issuance or

 

 

SB2436- 51 -LRB100 15374 RPS 30349 b

1    renewal of the license to the premises in writing.
2    (eee) Notwithstanding any provision of this Section to the
3contrary, nothing in this Section shall prohibit the issuance
4or renewal of a license authorizing the sale of alcoholic
5liquor at premises located within a municipality with a
6population in excess of 1,000,000 inhabitants and within 100
7feet of a church and school if:
8        (1) the sale of alcoholic liquor is incidental to the
9    sale of food;
10        (2) the sale of alcoholic liquor is not the principal
11    business carried on by the applicant on the premises;
12        (3) a family-owned restaurant has operated on the
13    premises since 1957;
14        (4) the premises occupy the first floor of a 3-story
15    building that is at least 90 years old;
16        (5) the distance between the property line of the
17    premises and the property line of the church is at least 20
18    feet;
19        (6) the church was established at its current location
20    and the present structure was erected before 1900;
21        (7) the primary entrance of the premises is at least 75
22    feet from the primary entrance of the church;
23        (8) the school is affiliated with the church;
24        (9) the principal religious leader at the place of
25    worship has indicated his or her support for the issuance
26    of the license in writing;

 

 

SB2436- 52 -LRB100 15374 RPS 30349 b

1        (10) the principal of the school has indicated in
2    writing that he or she is not opposed to the issuance of
3    the license; and
4        (11) the alderman of the ward in which the premises are
5    located has expressed, in writing, his or her lack of an
6    objection to the issuance of the license.
7    (fff) Notwithstanding any provision of this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license authorizing the sale of alcoholic
10liquor at premises located within a municipality with a
11population in excess of 1,000,000 inhabitants and within 100
12feet of a church if:
13        (1) the sale of alcoholic liquor is not the principal
14    business carried on by the licensee at the premises;
15        (2) the sale of alcoholic liquor at the premises is
16    incidental to the operation of a grocery store;
17        (3) the premises are a one-story building containing
18    approximately 10,000 square feet and are rented by the
19    owners of the grocery store;
20        (4) the sale of alcoholic liquor at the premises occurs
21    in a retail area of the grocery store that is approximately
22    3,500 square feet;
23        (5) the grocery store has operated at the location
24    since 1984;
25        (6) the grocery store is closed on Sundays;
26        (7) the property on which the premises are located is a

 

 

SB2436- 53 -LRB100 15374 RPS 30349 b

1    corner lot that is bound by 3 streets and an alley, where
2    one street is a one-way street that runs north-south, one
3    street runs east-west, and one street runs
4    northwest-southeast;
5        (8) the property line of the premises is approximately
6    16 feet from the property line of the building where the
7    church is located;
8        (9) the premises are separated from the building
9    containing the church by a public alley;
10        (10) the primary entrance of the premises and the
11    primary entrance of the church are at least 100 feet apart;
12        (11) representatives of the church have delivered a
13    written statement that the church does not object to the
14    issuance of a license under this subsection (fff); and
15        (12) the alderman of the ward in which the grocery
16    store is located has expressed, in writing, his or her
17    support for the issuance of the license.
18    (ggg) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of licenses authorizing the sale of alcoholic liquor
21within a restaurant or lobby coffee house at premises located
22within a municipality with a population in excess of 1,000,000
23inhabitants and within 100 feet of a church and school if:
24        (1) a residential retirement home formerly operated on
25    the premises and the premises are being converted into a
26    new apartment living complex containing studio and

 

 

SB2436- 54 -LRB100 15374 RPS 30349 b

1    one-bedroom apartments with ground floor retail space;
2        (2) the restaurant and lobby coffee house are located
3    within a Community Shopping District within the
4    municipality;
5        (3) the premises are located in a single-building,
6    mixed-use complex that, in addition to the restaurant and
7    lobby coffee house, contains apartment residences, a
8    fitness center for the residents of the apartment building,
9    a lobby designed as a social center for the residents, a
10    rooftop deck, and a patio with a dog run for the exclusive
11    use of the residents;
12        (4) the sale of alcoholic liquor is not the primary
13    business activity of the apartment complex, restaurant, or
14    lobby coffee house;
15        (5) the entrance to the apartment residence is more
16    than 310 feet from the entrance to the school and church;
17        (6) the entrance to the apartment residence is located
18    at the end of the block around the corner from the south
19    side of the school building;
20        (7) the school is affiliated with the church;
21        (8) the pastor of the parish, principal of the school,
22    and the titleholder to the church and school have given
23    written consent to the issuance of the license;
24        (9) the alderman of the ward in which the premises are
25    located has given written consent to the issuance of the
26    license; and

 

 

SB2436- 55 -LRB100 15374 RPS 30349 b

1        (10) the neighborhood block club has given written
2    consent to the issuance of the license.
3    (hhh) Notwithstanding any provision of this Section to the
4contrary, nothing in this Section shall prohibit the issuance
5or renewal of a license to sell alcoholic liquor at premises
6located within a municipality with a population in excess of
71,000,000 inhabitants and within 100 feet of a home for
8indigent persons or a church if:
9        (1) a restaurant operates on the premises and has been
10    in operation since January of 2014;
11        (2) the sale of alcoholic liquor is incidental to the
12    sale of food;
13        (3) the sale of alcoholic liquor is not the principal
14    business carried on by the licensee on the premises;
15        (4) the premises occupy the first floor of a 3-story
16    building that is at least 100 years old;
17        (5) the primary entrance to the premises is more than
18    100 feet from the primary entrance to the home for indigent
19    persons, which opened in 1989 and is operated to address
20    homelessness and provide shelter;
21        (6) the primary entrance to the premises and the
22    primary entrance to the home for indigent persons are
23    located on different streets;
24        (7) the executive director of the home for indigent
25    persons has given written consent to the issuance of the
26    license;

 

 

SB2436- 56 -LRB100 15374 RPS 30349 b

1        (8) the entrance to the premises is located within 100
2    feet of a Buddhist temple;
3        (9) the entrance to the premises is more than 100 feet
4    from where any worship or educational programming is
5    conducted by the Buddhist temple and is located in an area
6    used only for other purposes; and
7        (10) the president and the board of directors of the
8    Buddhist temple have given written consent to the issuance
9    of the license.
10    (iii) Notwithstanding any provision of this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor at premises located within a municipality in excess of
141,000,000 inhabitants and within 100 feet of a home for the
15aged if:
16        (1) the sale of alcoholic liquor is not the principal
17    business carried on by the licensee on the premises;
18        (2) the sale of alcoholic liquor at the premises is
19    incidental to the operation of a restaurant;
20        (3) the premises are on the ground floor of a
21    multi-floor, university-affiliated housing facility;
22        (4) the premises occupy 1,916 square feet of space,
23    with the total square footage from which liquor will be
24    sold, served, and consumed to be 900 square feet;
25        (5) the premises are separated from the home for the
26    aged by an alley;

 

 

SB2436- 57 -LRB100 15374 RPS 30349 b

1        (6) the primary entrance to the premises and the
2    primary entrance to the home for the aged are at least 500
3    feet apart and located on different streets;
4        (7) representatives of the home for the aged have
5    expressed, in writing, that the home does not object to the
6    issuance of a license under this subsection; and
7        (8) the alderman of the ward in which the restaurant is
8    located has expressed, in writing, his or her support for
9    the issuance of the license.
10    (jjj) Notwithstanding any provision of this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor at premises located within a municipality with a
14population in excess of 1,000,000 inhabitants and within 100
15feet of a school if:
16        (1) as of January 1, 2016, the premises were used for
17    the sale of alcoholic liquor for consumption on the
18    premises and were authorized to do so pursuant to a retail
19    tavern license held by an individual as the sole proprietor
20    of the premises;
21        (2) the primary entrance to the school and the primary
22    entrance to the premises are on the same street;
23        (3) the school was founded in 1949;
24        (4) the building in which the premises are situated was
25    constructed before 1930;
26        (5) the building in which the premises are situated is

 

 

SB2436- 58 -LRB100 15374 RPS 30349 b

1    immediately across the street from the school; and
2        (6) the school has not indicated its opposition to the
3    issuance or renewal of the license in writing.
4    (kkk) (Blank).
5    (lll) Notwithstanding any provision of this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license authorizing the sale of alcoholic
8liquor at premises located within a municipality with a
9population in excess of 1,000,000 inhabitants and within 100
10feet of a synagogue or school if:
11        (1) the sale of alcoholic liquor at the premises is
12    incidental to the sale of food;
13        (2) the sale of alcoholic liquor is not the principal
14    business carried on by the licensee at the premises;
15        (3) the premises are located on the same street on
16    which the synagogue or school is located;
17        (4) the primary entrance to the premises and the
18    closest entrance to the synagogue or school is at least 100
19    feet apart;
20        (5) the shortest distance between the premises and the
21    synagogue or school is at least 65 feet apart and no
22    greater than 70 feet apart;
23        (6) the premises are between 1,800 and 2,000 square
24    feet;
25        (7) the synagogue was founded in 1861; and
26        (8) the leader of the synagogue has indicated, in

 

 

SB2436- 59 -LRB100 15374 RPS 30349 b

1    writing, the synagogue's support for the issuance or
2    renewal of the license.
3    (mmm) Notwithstanding any provision of this Section to the
4contrary, nothing in this Section shall prohibit the issuance
5or renewal of licenses authorizing the sale of alcoholic liquor
6within a restaurant or lobby coffee house at premises located
7within a municipality with a population in excess of 1,000,000
8inhabitants and within 100 feet of a church if:
9        (1) the sale of alcoholic liquor is not the principal
10    business carried on by the licensee at the premises;
11        (2) the sale of alcoholic liquor at the premises is
12    incidental to the sale of food in a restaurant;
13        (3) the restaurant has been run by the same family for
14    at least 19 consecutive years;
15        (4) the premises are located in a 3-story building in
16    the most easterly part of the first floor;
17        (5) the building in which the premises are located has
18    residential housing on the second and third floors;
19        (6) the primary entrance to the premises is on a
20    north-south street around the corner and across an alley
21    from the primary entrance to the church, which is on an
22    east-west street;
23        (7) the primary entrance to the church and the primary
24    entrance to the premises are more than 160 feet apart; and
25        (8) the church has expressed, in writing, its support
26    for the issuance of a license under this subsection.

 

 

SB2436- 60 -LRB100 15374 RPS 30349 b

1    (nnn) Notwithstanding any provision of this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of licenses authorizing the sale of alcoholic liquor
4within a restaurant or lobby coffee house at premises located
5within a municipality with a population in excess of 1,000,000
6inhabitants and within 100 feet of a school and church or
7synagogue if:
8        (1) the sale of alcoholic liquor is not the principal
9    business carried on by the licensee at the premises;
10        (2) the sale of alcoholic liquor at the premises is
11    incidental to the sale of food in a restaurant;
12        (3) the front door of the synagogue faces east on the
13    next north-south street east of and parallel to the
14    north-south street on which the restaurant is located where
15    the restaurant's front door faces west;
16        (4) the closest exterior pedestrian entrance that
17    leads to the school or the synagogue is across an east-west
18    street and at least 300 feet from the primary entrance to
19    the restaurant;
20        (5) the nearest church-related or school-related
21    building is a community center building;
22        (6) the restaurant is on the ground floor of a 3-story
23    building constructed in 1896 with a brick fašade;
24        (7) the restaurant shares the ground floor with a
25    theater, and the second and third floors of the building in
26    which the restaurant is located consists of residential

 

 

SB2436- 61 -LRB100 15374 RPS 30349 b

1    housing;
2        (8) the leader of the synagogue and school has
3    expressed, in writing, that the synagogue does not object
4    to the issuance of a license under this subsection; and
5        (9) the alderman of the ward in which the premises is
6    located has expressed, in writing, his or her support for
7    the issuance of the license.
8    (ooo) Notwithstanding any provision of this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10or renewal of a license authorizing the sale of alcoholic
11liquor at premises located within a municipality with a
12population in excess of 2,000 but less than 5,000 inhabitants
13in a county with a population in excess of 3,000,000 and within
14100 feet of a home for the aged if:
15        (1) as of March 1, 2016, the premises were used to sell
16    alcohol pursuant to a retail tavern and packaged goods
17    license issued by the municipality and held by a limited
18    liability company as the proprietor of the premises;
19        (2) the home for the aged was completed in 2015;
20        (3) the home for the aged is a 5-story structure;
21        (4) the building in which the premises are situated is
22    directly adjacent to the home for the aged;
23        (5) the building in which the premises are situated was
24    constructed before 1950;
25        (6) the home for the aged has not indicated its
26    opposition to the issuance or renewal of the license; and

 

 

SB2436- 62 -LRB100 15374 RPS 30349 b

1        (7) the president of the municipality has expressed in
2    writing that he or she does not object to the issuance or
3    renewal of the license.
4    (ppp) Notwithstanding any provision of this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6or renewal of a license authorizing the sale of alcoholic
7liquor at premises located within a municipality with a
8population in excess of 1,000,000 inhabitants and within 100
9feet of a church or churches if:
10        (1) the shortest distance between the premises and a
11    church is at least 78 feet apart and no greater than 95
12    feet apart;
13        (2) the premises are a single-story, brick commercial
14    building and between 3,600 to 4,000 square feet and the
15    original building was built before 1922;
16        (3) the premises are located in a B3-2 zoning district;
17        (4) the premises are separated from the buildings
18    containing the churches by a street;
19        (5) the previous owners of the business located on the
20    premises held a liquor license for at least 10 years;
21        (6) the new owner of the business located on the
22    premises has managed 2 other food and liquor stores since
23    1997;
24        (7) the principal religious leaders at the places of
25    worship have indicated their support for the issuance or
26    renewal of the license in writing; and

 

 

SB2436- 63 -LRB100 15374 RPS 30349 b

1        (8) the alderman of the ward in which the premises are
2    located has indicated his or her support for the issuance
3    or renewal of the license in writing.
4    (qqq) Notwithstanding any provision of this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6or renewal of a license authorizing the sale of alcoholic
7liquor at premises located within a municipality with a
8population in excess of 1,000,000 inhabitants and within 100
9feet of a church if:
10        (1) the sale of alcoholic liquor at the premises is
11    incidental to the sale of food;
12        (2) the sale of alcoholic liquor is not the principal
13    business carried on by the licensee at the premises;
14        (3) the premises are located on the opposite side of
15    the same street on which the church is located;
16        (4) the church is located on a corner lot;
17        (5) the shortest distance between the premises and the
18    church is at least 90 feet apart and no greater than 95
19    feet apart;
20        (6) the premises are at least 3,000 but no more than
21    5,000 square feet;
22        (7) the church's original chapel was built in 1858;
23        (8) the church's first congregation was organized in
24    1860; and
25        (9) the leaders of the church and the alderman of the
26    ward in which the premises are located has expressed, in

 

 

SB2436- 64 -LRB100 15374 RPS 30349 b

1    writing, their support for the issuance of the license.
2    (rrr) Notwithstanding any provision of this Section to the
3contrary, nothing in this Section shall prohibit the issuance
4or renewal of a license authorizing the sale of alcoholic
5liquor at a restaurant or banquet facility established within
6premises located within a municipality with a population in
7excess of 1,000,000 inhabitants and within 100 feet of a church
8or school if:
9        (1) the sale of alcoholic liquor at the premises is
10    incidental to the sale of food;
11        (2) the sale of alcoholic liquor is not the principal
12    business carried on by the licensee at the premises;
13        (3) the immediately prior owner or the operator of the
14    restaurant or banquet facility held a valid retail license
15    authorizing the sale of alcoholic liquor at the premises
16    for at least part of the 24 months before a change of
17    ownership;
18        (4) the premises are located immediately east and
19    across the street from an elementary school;
20        (5) the premises and elementary school are part of an
21    approximately 100-acre campus owned by the church;
22        (6) the school opened in 1999 and was named after the
23    founder of the church; and
24        (7) the alderman of the ward in which the premises are
25    located has expressed, in writing, his or her support for
26    the issuance of the license.

 

 

SB2436- 65 -LRB100 15374 RPS 30349 b

1    (sss) Notwithstanding any provision of this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor at premises located within a municipality with a
5population in excess of 1,000,000 inhabitants and within 100
6feet of a church or school if:
7        (1) the premises are at least 5,300 square feet and
8    located in a building that was built prior to 1940;
9        (2) the shortest distance between the property line of
10    the premises and the exterior wall of the building in which
11    the church is located is at least 109 feet;
12        (3) the distance between the building in which the
13    church is located and the building in which the premises
14    are located is at least 118 feet;
15        (4) the main entrance to the church faces west and is
16    at least 602 feet from the main entrance of the premises;
17        (5) the shortest distance between the property line of
18    the premises and the property line of the school is at
19    least 177 feet;
20        (6) the applicant has been in business for more than 10
21    years;
22        (7) the principal religious leader of the church has
23    indicated his or her support for the issuance or renewal of
24    the license in writing;
25        (8) the principal of the school has indicated in
26    writing that he or she is not opposed to the issuance of

 

 

SB2436- 66 -LRB100 15374 RPS 30349 b

1    the license; and
2        (9) the alderman of the ward in which the premises are
3    located has expressed, in writing, his or her support for
4    the issuance of the license.
5    (ttt) Notwithstanding any provision of this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license authorizing the sale of alcoholic
8liquor at premises located within a municipality with a
9population in excess of 1,000,000 inhabitants and within 100
10feet of a church or school if:
11        (1) the premises are at least 59,000 square feet and
12    located in a building that was built prior to 1940;
13        (2) the shortest distance between the west property
14    line of the premises and the exterior wall of the church is
15    at least 99 feet;
16        (3) the distance between the building in which the
17    church is located and the building in which the premises
18    are located is at least 102 feet;
19        (4) the main entrance to the church faces west and is
20    at least 457 feet from the main entrance of the premises;
21        (5) the shortest distance between the property line of
22    the premises and the property line of the school is at
23    least 66 feet;
24        (6) the applicant has been in business for more than 10
25    years;
26        (7) the principal religious leader of the church has

 

 

SB2436- 67 -LRB100 15374 RPS 30349 b

1    indicated his or her support for the issuance or renewal of
2    the license in writing;
3        (8) the principal of the school has indicated in
4    writing that he or she is not opposed to the issuance of
5    the license; and
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.
9    (uuu) Notwithstanding any provision of this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor at premises located within a municipality with a
13population in excess of 1,000,000 inhabitants and within 100
14feet of a place of worship if:
15        (1) the sale of liquor is incidental to the sale of
16    food;
17        (2) the premises are at least 7,100 square feet;
18        (3) the shortest distance between the north property
19    line of the premises and the nearest exterior wall of the
20    place of worship is at least 86 feet;
21        (4) the main entrance to the place of worship faces
22    north and is more than 150 feet from the main entrance of
23    the premises;
24        (5) the applicant has been in business for more than 20
25    years at the location;
26        (6) the principal religious leader of the place of

 

 

SB2436- 68 -LRB100 15374 RPS 30349 b

1    worship has indicated his or her support for the issuance
2    or renewal of the license in writing; and
3        (7) the alderman of the ward in which the premises are
4    located has expressed, in writing, his or her support for
5    the issuance of the license.
6    (vvv) Notwithstanding any provision of this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor at premises located within a municipality with a
10population in excess of 1,000,000 inhabitants and within 100
11feet of 2 churches if:
12        (1) as of January 1, 2015, the premises were used for
13    the sale of alcoholic liquor for consumption on the
14    premises and the sale was authorized pursuant to a retail
15    tavern license held by an individual as the sole proprietor
16    of the premises;
17        (2) a primary entrance of the church situated to the
18    south of the premises is located on a street running
19    perpendicular to the street upon which a primary entrance
20    of the premises is situated;
21        (3) the church located to the south of the premises is
22    a 3-story structure that was constructed in 2006;
23        (4) a parking lot separates the premises from the
24    church located to the south of the premises;
25        (5) the building in which the premises are situated was
26    constructed before 1930;

 

 

SB2436- 69 -LRB100 15374 RPS 30349 b

1        (6) the building in which the premises are situated is
2    a 2-story, mixed-use commercial and residential structure
3    containing more than 20,000 total square feet and
4    containing at least 7 residential units on the second floor
5    and 3 commercial units on the first floor;
6        (7) the building in which the premises are situated is
7    immediately adjacent to the church located to the north of
8    the premises;
9        (8) the primary entrance of the church located to the
10    north of the premises and the primary entrance of the
11    premises are located on the same street;
12        (9) the churches have not indicated their opposition to
13    the issuance or renewal of the license in writing; and
14        (10) the alderman of the ward in which the premises are
15    located has expressed, in writing, his or her support for
16    the issuance of the license.
17    (www) Notwithstanding any provision of this Section to the
18contrary, nothing in this Section shall prohibit the issuance
19or renewal of licenses authorizing the sale of alcoholic liquor
20within a restaurant at premises located within a municipality
21with a population in excess of 1,000,000 inhabitants and within
22100 feet of a school if:
23        (1) the sale of alcoholic liquor is incidental to the
24    sale of food and is not the principal business of the
25    restaurant;
26        (2) the building in which the restaurant is located was

 

 

SB2436- 70 -LRB100 15374 RPS 30349 b

1    constructed in 1909 and is a 2-story structure;
2        (3) the restaurant has been operating continuously
3    since 1962, has been located at the existing premises since
4    1989, and has been owned and operated by the same family,
5    which also operates a deli in a building located
6    immediately to the east and adjacent and connected to the
7    restaurant;
8        (4) the entrance to the restaurant is more than 200
9    feet from the entrance to the school;
10        (5) the building in which the restaurant is located and
11    the building in which the school is located are separated
12    by a traffic-congested major street;
13        (6) the building in which the restaurant is located
14    faces a public park located to the east of the school,
15    cannot be seen from the windows of the school, and is not
16    directly across the street from the school;
17        (7) the school building is located 2 blocks from a
18    major private university;
19        (8) the school is a public school that has
20    pre-kindergarten through eighth grade classes, is an open
21    enrollment school, and has a preschool program that has
22    earned a Gold Circle of Quality award;
23        (9) the local school council has given written consent
24    for the issuance of the liquor license; and
25        (10) the alderman of the ward in which the premises are
26    located has given written consent for the issuance of the

 

 

SB2436- 71 -LRB100 15374 RPS 30349 b

1    liquor license.
2    (xxx) (Blank).
3    (yyy) (sss) Notwithstanding any provision in this Section
4to the contrary, nothing in this Section shall prohibit the
5issuance or renewal of a license authorizing the sale of
6alcoholic liquor at a store that is located within a
7municipality with a population in excess of 1,000,000
8inhabitants and within 100 feet of a church if:
9        (1) the premises are primarily used for the sale of
10    alcoholic liquor;
11        (2) on January 1, 2017, the store was authorized to
12    sell alcoholic liquor pursuant to a package goods liquor
13    license;
14        (3) on January 1, 2017, the store occupied
15    approximately 5,560 square feet and will be expanded to
16    include 440 additional square feet for the purpose of
17    storage;
18        (4) the store was in existence before the church;
19        (5) the building in which the store is located was
20    built in 1956 and is immediately south of the church;
21        (6) the store and church are separated by an east-west
22    street;
23        (7) the owner of the store received his first liquor
24    license in 1986;
25        (8) the church has not indicated its opposition to the
26    issuance or renewal of the license in writing; and

 

 

SB2436- 72 -LRB100 15374 RPS 30349 b

1        (9) the alderman of the ward in which the store is
2    located has expressed his or her support for the issuance
3    or renewal of the license.
4(Source: P.A. 99-46, eff. 7-15-15; 99-47, eff. 7-15-15; 99-477,
5eff. 8-27-15; 99-484, eff. 10-30-15; 99-558, eff. 7-15-16;
699-642, eff. 7-28-16; 99-936, eff. 2-24-17; 100-36, eff.
78-4-17; 100-38, eff. 8-4-17; 100-201, eff. 8-18-17; revised
810-12-17.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.