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Full Text of SB0398  99th General Assembly

SB0398ham002 99TH GENERAL ASSEMBLY

Rep. Sara Feigenholtz

Filed: 5/21/2015

 

 


 

 


 
09900SB0398ham002LRB099 03227 RPS 35792 a

1
AMENDMENT TO SENATE BILL 398

2    AMENDMENT NO. ______. Amend Senate Bill 398, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Liquor Control Act of 1934 is amended by
6changing Sections 1-2, 1-3.25, 3-14, 4-1, 6-11, 6-27.1, 6-28,
7and 6-31 and by adding Sections 6-22.5, 6-27.5, and 6-28.5 as
8follows:
 
9    (235 ILCS 5/1-2)  (from Ch. 43, par. 94)
10    Sec. 1-2. This Act shall be liberally construed, to the end
11that the health, safety, and welfare of the People of the State
12of Illinois shall be protected and temperance in the
13consumption of alcoholic liquors shall be fostered and promoted
14by sound and careful control and regulation of the manufacture,
15sale, and distribution of alcoholic liquors. The State
16Commission may not enforce any trade practice policy or other

 

 

09900SB0398ham002- 2 -LRB099 03227 RPS 35792 a

1rule that was not adopted in accordance with the Illinois
2Administrative Procedure Act.
3(Source: P.A. 82-783.)
 
4    (235 ILCS 5/1-3.25)  (from Ch. 43, par. 95.25)
5    Sec. 1-3.25. "Hotel" means every building or other
6structure kept, used, maintained, advertised and held out to
7the public to be a place where food is actually served and
8consumed and sleeping accommodations are offered for adequate
9pay to travelers and guests, whether transient, permanent or
10residential, in which twenty-five (25) or more rooms are used
11for the sleeping accommodations of such guests and having one
12or more public dining rooms where meals are served to such
13guests, such sleeping accommodations and dining rooms being
14conducted in the same building or buildings in connection
15therewith and such building or buildings, structure or
16structures being provided with adequate and sanitary kitchen
17and dining room equipment and capacity. All public dining
18rooms, banquet rooms, meeting rooms, room service areas,
19mini-bars, and other locations within or adjacent to a hotel in
20which alcoholic liquors are stored, offered for sale, or sold
21at retail shall be considered part of the hotel's licensed
22premises if those locations within or adjacent to the hotel are
23owned and managed by the hotel operator. As part of the hotel's
24licensed premises, each and all of those locations within or
25adjacent to the hotel shall be maintained and managed pursuant

 

 

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1to a single retailer's license issued by the State Commission
2to the hotel operator, regardless of the number of local
3retailer licenses mandated by the local unit of government
4having jurisdiction over the hotel. Public dining rooms and
5other locations within or adjacent to a hotel that are owned or
6managed by a person other than the hotel operator and are
7licensed by the local unit of government having jurisdiction
8over the hotel to a person other than the hotel operator are
9not considered part of the hotel's licensed premises for
10purposes of this Act and, as such, must be maintained and
11operated under separate retailer's licenses.
12(Source: P.A. 82-783.)
 
13    (235 ILCS 5/3-14)  (from Ch. 43, par. 109)
14    Sec. 3-14. Issuance of license by Commission. Nothing
15contained in this Act shall, however, be construed to permit
16the State Commission to issue any license, other than
17manufacturer's, foreign importer's, importing distributor's,
18non-resident dealer's, and distributor's, broker's and
19non-beverage user's license for any premises in any prohibited
20territory, or to issue any license other than manufacturer's,
21foreign importer's, importing distributor's, non-resident
22dealer's, distributor's, railroad's, airplane's, boat's, or
23broker's license, auction liquor license, or non-beverage
24user's license, unless the person applying for such license
25shall have obtained a local license for the same premises. For

 

 

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1purposes of this Section and only in regards to a hotel, the
2local license issued for the same premises may include multiple
3local licenses issued to a hotel operator for various portions
4of the hotel building, structure, or adjacent property owned
5and managed by the hotel operator in which alcoholic liquors
6may be stored, offered for sale, and sold; however, all of
7those portions of the hotel building, structure, or adjacent
8property shall be considered the hotel premises for purposes of
9the issuance of a retailer's license by the State Commission.
10When such person has obtained a local license and has made
11application to the State Commission in conformity with this Act
12and paid the license fee provided, it shall be the duty of the
13State Commission to issue a retailer's license to him;
14provided, however, that the State Commission may refuse the
15issuance or renewal of a retailer's license, upon notice and
16after hearing, upon the grounds authorized in Section 6-3 of
17this Act, and, provided further, that the issuance of such
18license shall not prejudice the State Commission's action in
19subsequently suspending or revoking such license if it is
20determined by the State Commission, upon notice and after
21hearing, that the licensee has, within the same or the
22preceding license period, violated any provision of this Act or
23any rule or regulation issued pursuant thereto and in effect
24for 30 days prior to such violation. The Commission may also
25refuse to renew a license if the licensee has failed to pay an
26offer in compromise, pre-disciplinary settlement, or a fine

 

 

09900SB0398ham002- 5 -LRB099 03227 RPS 35792 a

1imposed by order.
2(Source: P.A. 89-250, eff. 1-1-96.)
 
3    (235 ILCS 5/4-1)  (from Ch. 43, par. 110)
4    Sec. 4-1. In every city, village or incorporated town, the
5city council or president and board of trustees, and in
6counties in respect of territory outside the limits of any such
7city, village or incorporated town the county board shall have
8the power by general ordinance or resolution to determine the
9number, kind and classification of licenses, for sale at retail
10of alcoholic liquor not inconsistent with this Act and the
11amount of the local licensee fees to be paid for the various
12kinds of licenses to be issued in their political subdivision,
13except those issued to the specific non-beverage users exempt
14from payment of license fees under Section 5-3 which shall be
15issued without payment of any local license fees, and the
16manner of distribution of such fees after their collection; to
17regulate or prohibit the presence of persons under the age of
1821 on the premises of licensed retail establishments of various
19kinds and classifications where alcoholic liquor is drawn,
20poured, mixed or otherwise served for consumption on the
21premises; to prohibit any minor from drawing, pouring, or
22mixing any alcoholic liquor as an employee of any retail
23licensee; and to prohibit any minor from at any time attending
24any bar and from drawing, pouring or mixing any alcoholic
25liquor in any licensed retail premises; and to establish such

 

 

09900SB0398ham002- 6 -LRB099 03227 RPS 35792 a

1further regulations and restrictions upon the issuance of and
2operations under local licenses not inconsistent with law as
3the public good and convenience may require; and to provide
4penalties for the violation of regulations and restrictions,
5including those made by county boards, relative to operation
6under local licenses; provided, however, that in the exercise
7of any of the powers granted in this section, the issuance of
8such licenses shall not be prohibited except for reasons
9specifically enumerated in Sections 6-2, 6-11, 6-12 and 6-25 of
10this Act.
11    However, in any municipality with a population exceeding
121,000,000 that has adopted the form of government authorized
13under "An Act concerning cities, villages, and incorporated
14towns, and to repeal certain Acts herein named", approved
15August 15, 1941, as amended, no person shall be granted any
16license or privilege to sell alcoholic liquors between the
17hours of two o'clock a.m. and seven o'clock a.m. on week days
18nor between the hours of three o'clock a.m. and twelve o'clock
19noon on Sundays unless such person has given at least 14 days
20prior written notice to the alderman of the ward in which such
21person's licensed premises are located stating his intention to
22make application for such license or privilege and unless
23evidence confirming service of such written notice is included
24in such application. Any license or privilege granted in
25violation of this paragraph shall be null and void.
26(Source: P.A. 85-156.)
 

 

 

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1    (235 ILCS 5/6-11)
2    Sec. 6-11. Sale near churches, schools, and hospitals.
3    (a) No license shall be issued for the sale at retail of
4any alcoholic liquor within 100 feet of any church, school
5other than an institution of higher learning, hospital, home
6for aged or indigent persons or for veterans, their spouses or
7children or any military or naval station, provided, that this
8prohibition shall not apply to hotels offering restaurant
9service, regularly organized clubs, or to restaurants, food
10shops or other places where sale of alcoholic liquors is not
11the principal business carried on if the place of business so
12exempted is not located in a municipality of more than 500,000
13persons, unless required by local ordinance; nor to the renewal
14of a license for the sale at retail of alcoholic liquor on
15premises within 100 feet of any church or school where the
16church or school has been established within such 100 feet
17since the issuance of the original license. In the case of a
18church, the distance of 100 feet shall be measured to the
19nearest part of any building used for worship services or
20educational programs and not to property boundaries.
21    (a-5) Notwithstanding any provision of this Section to the
22contrary, a local liquor control commissioner may grant an
23exemption to the prohibition in subsection (a) of this Section
24if a local rule or ordinance authorizes the local liquor
25control commissioner to grant that exemption.

 

 

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1    (b) Nothing in this Section shall prohibit the issuance of
2a retail license authorizing the sale of alcoholic liquor to a
3restaurant, the primary business of which is the sale of goods
4baked on the premises if (i) the restaurant is newly
5constructed and located on a lot of not less than 10,000 square
6feet, (ii) the restaurant costs at least $1,000,000 to
7construct, (iii) the licensee is the titleholder to the
8premises and resides on the premises, and (iv) the construction
9of the restaurant is completed within 18 months of the
10effective date of this amendatory Act of 1998.
11    (c) Nothing in this Section shall prohibit the issuance of
12a retail license authorizing the sale of alcoholic liquor
13incidental to a restaurant if (1) the primary business of the
14restaurant consists of the sale of food where the sale of
15liquor is incidental to the sale of food and the applicant is a
16completely new owner of the restaurant, (2) the immediately
17prior owner or operator of the premises where the restaurant is
18located operated the premises as a restaurant and held a valid
19retail license authorizing the sale of alcoholic liquor at the
20restaurant for at least part of the 24 months before the change
21of ownership, and (3) the restaurant is located 75 or more feet
22from a school.
23    (d) In the interest of further developing Illinois' economy
24in the area of commerce, tourism, convention, and banquet
25business, nothing in this Section shall prohibit issuance of a
26retail license authorizing the sale of alcoholic beverages to a

 

 

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1restaurant, banquet facility, grocery store, or hotel having
2not fewer than 150 guest room accommodations located in a
3municipality of more than 500,000 persons, notwithstanding the
4proximity of such hotel, restaurant, banquet facility, or
5grocery store to any church or school, if the licensed premises
6described on the license are located within an enclosed mall or
7building of a height of at least 6 stories, or 60 feet in the
8case of a building that has been registered as a national
9landmark, or in a grocery store having a minimum of 56,010
10square feet of floor space in a single story building in an
11open mall of at least 3.96 acres that is adjacent to a public
12school that opened as a boys technical high school in 1934, or
13in a grocery store having a minimum of 31,000 square feet of
14floor space in a single story building located a distance of
15more than 90 feet but less than 100 feet from a high school
16that opened in 1928 as a junior high school and became a senior
17high school in 1933, and in each of these cases if the sale of
18alcoholic liquors is not the principal business carried on by
19the licensee.
20    For purposes of this Section, a "banquet facility" is any
21part of a building that caters to private parties and where the
22sale of alcoholic liquors is not the principal business.
23    (e) Nothing in this Section shall prohibit the issuance of
24a license to a church or private school to sell at retail
25alcoholic liquor if any such sales are limited to periods when
26groups are assembled on the premises solely for the promotion

 

 

09900SB0398ham002- 10 -LRB099 03227 RPS 35792 a

1of some common object other than the sale or consumption of
2alcoholic liquors.
3    (f) Nothing in this Section shall prohibit a church or
4church affiliated school located in a home rule municipality or
5in a municipality with 75,000 or more inhabitants from locating
6within 100 feet of a property for which there is a preexisting
7license to sell alcoholic liquor at retail. In these instances,
8the local zoning authority may, by ordinance adopted
9simultaneously with the granting of an initial special use
10zoning permit for the church or church affiliated school,
11provide that the 100-foot restriction in this Section shall not
12apply to that church or church affiliated school and future
13retail liquor licenses.
14    (g) Nothing in this Section shall prohibit the issuance of
15a retail license authorizing the sale of alcoholic liquor at
16premises within 100 feet, but not less than 90 feet, of a
17public school if (1) the premises have been continuously
18licensed to sell alcoholic liquor for a period of at least 50
19years, (2) the premises are located in a municipality having a
20population of over 500,000 inhabitants, (3) the licensee is an
21individual who is a member of a family that has held the
22previous 3 licenses for that location for more than 25 years,
23(4) the principal of the school and the alderman of the ward in
24which the school is located have delivered a written statement
25to the local liquor control commissioner stating that they do
26not object to the issuance of a license under this subsection

 

 

09900SB0398ham002- 11 -LRB099 03227 RPS 35792 a

1(g), and (5) the local liquor control commissioner has received
2the written consent of a majority of the registered voters who
3live within 200 feet of the premises.
4    (h) 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 premises and at an outdoor patio area attached to
8premises that are located in a municipality with a population
9in excess of 300,000 inhabitants and that are within 100 feet
10of a church if:
11        (1) the sale of alcoholic liquor at the premises is
12    incidental to the sale of food,
13        (2) the sale of liquor is not the principal business
14    carried on by the licensee at the premises,
15        (3) the premises are less than 1,000 square feet,
16        (4) the premises are owned by the University of
17    Illinois,
18        (5) the premises are immediately adjacent to property
19    owned by a church and are not less than 20 nor more than 40
20    feet from the church space used for worship services, and
21        (6) the principal religious leader at the place of
22    worship has indicated his or her support for the issuance
23    of the license in writing.
24    (i) Notwithstanding any provision in this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license to sell alcoholic liquor at a premises

 

 

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

 

 

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1        (2) the southeast corner of the premises are at least
2    350 feet from the southwest corner of the school;
3        (3) the school was built in 1978;
4        (4) the sale of alcoholic liquor at the premises is
5    incidental to the sale of food;
6        (5) the sale of alcoholic liquor is not the principal
7    business carried on by the licensee at the premises;
8        (6) the applicant is the owner of the restaurant and
9    has held a valid license authorizing the sale of alcoholic
10    liquor for the business to be conducted on the premises at
11    a different location for more than 7 years; and
12        (7) the premises is at least 2,300 square feet and sits
13    on a lot that is between 6,100 and 6,150 square feet.
14    (l) Notwithstanding any provision in this Section to the
15contrary, nothing in this Section shall prohibit the issuance
16or renewal of a license authorizing the sale of alcoholic
17liquor at a premises that is located within a municipality with
18a population in excess of 1,000,000 inhabitants and is within
19100 feet of a church or school if:
20        (1) the primary entrance of the premises and the
21    closest entrance of the church or school is at least 90
22    feet apart and no greater than 95 feet apart;
23        (2) the shortest distance between the premises and the
24    church or school is at least 80 feet apart and no greater
25    than 85 feet apart;
26        (3) the applicant is the owner of the restaurant and on

 

 

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1    November 15, 2006 held a valid license authorizing the sale
2    of alcoholic liquor for the business to be conducted on the
3    premises for at least 14 different locations;
4        (4) the sale of alcoholic liquor at the premises is
5    incidental to the sale of food;
6        (5) the sale of alcoholic liquor is not the principal
7    business carried on by the licensee at the premises;
8        (6) the premises is at least 3,200 square feet and sits
9    on a lot that is between 7,150 and 7,200 square feet; and
10        (7) the principal religious leader at the place of
11    worship has not indicated his or her opposition to the
12    issuance or renewal of the license in writing.
13    (m) Notwithstanding any provision in this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor at a premises that is located within a municipality with
17a population in excess of 1,000,000 inhabitants and is within
18100 feet of a church if:
19        (1) the premises and the church are perpendicular, and
20    the primary entrance of the premises faces South while the
21    primary entrance of the church faces West and the distance
22    between the two entrances is more than 100 feet;
23        (2) the shortest distance between the premises lot line
24    and the exterior wall of the church is at least 80 feet;
25        (3) the church was established at the current location
26    in 1916 and the present structure was erected in 1925;

 

 

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1        (4) the premises is a single story, single use building
2    with at least 1,750 square feet and no more than 2,000
3    square feet;
4        (5) the sale of alcoholic liquor at the premises is
5    incidental to the sale of food;
6        (6) the sale of alcoholic liquor is not the principal
7    business carried on by the licensee at the premises; and
8        (7) the principal religious leader at the place of
9    worship has not indicated his or her opposition to the
10    issuance or renewal of the license in writing.
11    (n) Notwithstanding any provision in 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 is within
16100 feet of a school if:
17        (1) the school is a City of Chicago School District 299
18    school;
19        (2) the school is located within subarea E of City of
20    Chicago Residential Business Planned Development Number
21    70;
22        (3) the sale of alcoholic liquor is not the principal
23    business carried on by the licensee on the premises;
24        (4) the sale of alcoholic liquor at the premises is
25    incidental to the sale of food; and
26        (5) the administration of City of Chicago School

 

 

09900SB0398ham002- 16 -LRB099 03227 RPS 35792 a

1    District 299 has expressed, in writing, its support for the
2    issuance of the license.
3    (o) Notwithstanding any provision of this Section to the
4contrary, nothing in this Section shall prohibit the issuance
5or renewal of a retail license authorizing the sale of
6alcoholic liquor at a premises that is located within a
7municipality in excess of 1,000,000 inhabitants and within 100
8feet of a church 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 premises is located on a street that runs
14    perpendicular to the street on which the church is located;
15        (4) the primary entrance of the premises is at least
16    100 feet from the primary entrance of the church;
17        (5) the shortest distance between any part of the
18    premises and any part of the church is at least 60 feet;
19        (6) the premises is between 3,600 and 4,000 square feet
20    and sits on a lot that is between 3,600 and 4,000 square
21    feet; and
22        (7) the premises was built in the year 1909.
23    For purposes of this subsection (o), "premises" means a
24place of business together with a privately owned outdoor
25location that is adjacent to the place of business.
26    (p) Notwithstanding any provision in this Section to the

 

 

09900SB0398ham002- 17 -LRB099 03227 RPS 35792 a

1contrary, nothing in this Section shall prohibit the issuance
2or renewal of a license authorizing the sale of alcoholic
3liquor at a premises that is located within a municipality with
4a population in excess of 1,000,000 inhabitants and within 100
5feet of a church if:
6        (1) the shortest distance between the backdoor of the
7    premises, which is used as an emergency exit, and the
8    church is at least 80 feet;
9        (2) the church was established at the current location
10    in 1889; and
11        (3) liquor has been sold on the premises since at least
12    1985.
13    (q) Notwithstanding any provision of this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor within a premises that is located in a municipality with
17a population in excess of 1,000,000 inhabitants and within 100
18feet of a church-owned property if:
19        (1) the premises is located within a larger building
20    operated as a grocery store;
21        (2) the area of the premises does not exceed 720 square
22    feet and the area of the larger building exceeds 18,000
23    square feet;
24        (3) the larger building containing the premises is
25    within 100 feet of the nearest property line of a
26    church-owned property on which a church-affiliated school

 

 

09900SB0398ham002- 18 -LRB099 03227 RPS 35792 a

1    is located;
2        (4) the sale of liquor is not the principal business
3    carried on within the larger building;
4        (5) the primary entrance of the larger building and the
5    premises and the primary entrance of the church-affiliated
6    school are on different, parallel streets, and the distance
7    between the 2 primary entrances is more than 100 feet;
8        (6) the larger building is separated from the
9    church-owned property and church-affiliated school by an
10    alley;
11        (7) the larger building containing the premises and the
12    church building front are on perpendicular streets and are
13    separated by a street; and
14        (8) (Blank).
15    (r) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance,
17renewal, or maintenance of a license authorizing the sale of
18alcoholic liquor incidental to the sale of food within a
19restaurant established in a premises that is located in a
20municipality with a population in excess of 1,000,000
21inhabitants and within 100 feet of a church if:
22        (1) the primary entrance of the church and the primary
23    entrance of the restaurant are at least 100 feet apart;
24        (2) the restaurant has operated on the ground floor and
25    lower level of a multi-story, multi-use building for more
26    than 40 years;

 

 

09900SB0398ham002- 19 -LRB099 03227 RPS 35792 a

1        (3) the primary business of the restaurant consists of
2    the sale of food where the sale of liquor is incidental to
3    the sale of food;
4        (4) the sale of alcoholic liquor is conducted primarily
5    in the below-grade level of the restaurant to which the
6    only public access is by a staircase located inside the
7    restaurant; and
8        (5) the restaurant has held a license authorizing the
9    sale of alcoholic liquor on the premises for more than 40
10    years.
11    (s) Notwithstanding any provision of this Section to the
12contrary, nothing in this Section shall prohibit renewal of a
13license authorizing the sale of alcoholic liquor at a premises
14that is located within a municipality with a population more
15than 5,000 and less than 10,000 and is within 100 feet of a
16church if:
17        (1) the church was established at the location within
18    100 feet of the premises after a license for the sale of
19    alcoholic liquor at the premises was first issued;
20        (2) a license for sale of alcoholic liquor at the
21    premises was first issued before January 1, 2007; and
22        (3) a license for the sale of alcoholic liquor on the
23    premises has been continuously in effect since January 1,
24    2007, except for interruptions between licenses of no more
25    than 90 days.
26    (t) Notwithstanding any provision of this Section to the

 

 

09900SB0398ham002- 20 -LRB099 03227 RPS 35792 a

1contrary, nothing in this Section shall prohibit the issuance
2or renewal of a license authorizing the sale of alcoholic
3liquor incidental to the sale of food within a restaurant that
4is established in a premises that is located in a municipality
5with a population in excess of 1,000,000 inhabitants and within
6100 feet of a school and a church if:
7        (1) the restaurant is located inside a five-story
8    building with over 16,800 square feet of commercial space;
9        (2) the area of the premises does not exceed 31,050
10    square feet;
11        (3) the area of the restaurant does not exceed 5,800
12    square feet;
13        (4) the building has no less than 78 condominium units;
14        (5) the construction of the building in which the
15    restaurant is located was completed in 2006;
16        (6) the building has 10 storefront properties, 3 of
17    which are used for the restaurant;
18        (7) the restaurant will open for business in 2010;
19        (8) the building is north of the school and separated
20    by an alley; and
21        (9) the principal religious leader of the church and
22    either the alderman of the ward in which the school is
23    located or the principal of the school have delivered a
24    written statement to the local liquor control commissioner
25    stating that he or she does not object to the issuance of a
26    license under this subsection (t).

 

 

09900SB0398ham002- 21 -LRB099 03227 RPS 35792 a

1    (u) Notwithstanding any provision in this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license to sell alcoholic liquor at a premises
4that is located within a municipality with a population in
5excess of 1,000,000 inhabitants and within 100 feet of a school
6if:
7        (1) the premises operates as a restaurant and has been
8    in operation since February 2008;
9        (2) the applicant is the owner of the premises;
10        (3) the sale of alcoholic liquor is incidental to the
11    sale of food;
12        (4) the sale of alcoholic liquor is not the principal
13    business carried on by the licensee on the premises;
14        (5) the premises occupy the first floor of a 3-story
15    building that is at least 90 years old;
16        (6) the rear lot of the school and the rear corner of
17    the building that the premises occupy are separated by an
18    alley;
19        (7) the distance from the southwest corner of the
20    property line of the school and the northeast corner of the
21    building that the premises occupy is at least 16 feet, 5
22    inches;
23        (8) the distance from the rear door of the premises to
24    the southwest corner of the property line of the school is
25    at least 93 feet;
26        (9) the school is a City of Chicago School District 299

 

 

09900SB0398ham002- 22 -LRB099 03227 RPS 35792 a

1    school;
2        (10) the school's main structure was erected in 1902
3    and an addition was built to the main structure in 1959;
4    and
5        (11) the principal of the school and the alderman in
6    whose district the premises are located have expressed, in
7    writing, their support for the issuance of the license.
8    (v) 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 at a premises that is located within a municipality with
12a population in excess of 1,000,000 inhabitants and is within
13100 feet of a school if:
14        (1) the total land area of the premises for which the
15    license or renewal is sought is more than 600,000 square
16    feet;
17        (2) the premises for which the license or renewal is
18    sought has more than 600 parking stalls;
19        (3) the total area of all buildings on the premises for
20    which the license or renewal is sought exceeds 140,000
21    square feet;
22        (4) the property line of the premises for which the
23    license or renewal is sought is separated from the property
24    line of the school by a street;
25        (5) the distance from the school's property line to the
26    property line of the premises for which the license or

 

 

09900SB0398ham002- 23 -LRB099 03227 RPS 35792 a

1    renewal is sought is at least 60 feet;
2        (6) as of the effective date of this amendatory Act of
3    the 97th General Assembly, the premises for which the
4    license or renewal is sought is located in the Illinois
5    Medical District.
6    (w) Notwithstanding any provision in this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license to sell alcoholic liquor at a premises
9that is located within a municipality with a population in
10excess of 1,000,000 inhabitants and within 100 feet of a church
11if:
12        (1) the sale of alcoholic liquor at the premises is
13    incidental to the sale of food;
14        (2) the sale of alcoholic liquor is not the principal
15    business carried on by the licensee at the premises;
16        (3) the premises occupy the first floor and basement of
17    a 2-story building that is 106 years old;
18        (4) the premises is at least 7,000 square feet and
19    located on a lot that is at least 11,000 square feet;
20        (5) the premises is located directly west of the
21    church, on perpendicular streets, and separated by an
22    alley;
23        (6) the distance between the property line of the
24    premises and the property line of the church is at least 20
25    feet;
26        (7) the distance between the primary entrance of the

 

 

09900SB0398ham002- 24 -LRB099 03227 RPS 35792 a

1    premises and the primary entrance of the church is at least
2    130 feet; and
3        (8) the church has been at its location for at least 40
4    years.
5    (x) 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 a premises that is located within a municipality with
9a population in excess of 1,000,000 inhabitants and within 100
10feet of a church if:
11        (1) the sale of alcoholic liquor is not the principal
12    business carried on by the licensee at the premises;
13        (2) the church has been operating in its current
14    location since 1973;
15        (3) the premises has been operating in its current
16    location since 1988;
17        (4) the church and the premises are owned by the same
18    parish;
19        (5) the premises is used for cultural and educational
20    purposes;
21        (6) the primary entrance to the premises and the
22    primary entrance to the church are located on the same
23    street;
24        (7) the principal religious leader of the church has
25    indicated his support of the issuance of the license;
26        (8) the premises is a 2-story building of approximately

 

 

09900SB0398ham002- 25 -LRB099 03227 RPS 35792 a

1    23,000 square feet; and
2        (9) the premises houses a ballroom on its ground floor
3    of approximately 5,000 square feet.
4    (y) 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 a premises that is located within a municipality with
8a population in excess of 1,000,000 inhabitants and within 100
9feet of a school if:
10        (1) the sale of alcoholic liquor is not the principal
11    business carried on by the licensee at the premises;
12        (2) the sale of alcoholic liquor at the premises is
13    incidental to the sale of food;
14        (3) according to the municipality, the distance
15    between the east property line of the premises and the west
16    property line of the school is 97.8 feet;
17        (4) the school is a City of Chicago School District 299
18    school;
19        (5) the school has been operating since 1959;
20        (6) the primary entrance to the premises and the
21    primary entrance to the school are located on the same
22    street;
23        (7) the street on which the entrances of the premises
24    and the school are located is a major diagonal
25    thoroughfare;
26        (8) the premises is a single-story building of

 

 

09900SB0398ham002- 26 -LRB099 03227 RPS 35792 a

1    approximately 2,900 square feet; and
2        (9) the premises is used for commercial purposes only.
3    (z) 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 a premises that is located within a municipality with
7a population in excess of 1,000,000 inhabitants and within 100
8feet of a mosque 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 licensee shall only sell packaged liquors at
12    the premises;
13        (3) the licensee is a national retail chain having over
14    100 locations within the municipality;
15        (4) the licensee has over 8,000 locations nationwide;
16        (5) the licensee has locations in all 50 states;
17        (6) the premises is located in the North-East quadrant
18    of the municipality;
19        (7) the premises is a free-standing building that has
20    "drive-through" pharmacy service;
21        (8) the premises has approximately 14,490 square feet
22    of retail space;
23        (9) the premises has approximately 799 square feet of
24    pharmacy space;
25        (10) the premises is located on a major arterial street
26    that runs east-west and accepts truck traffic; and

 

 

09900SB0398ham002- 27 -LRB099 03227 RPS 35792 a

1        (11) 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.
4    (aa) 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 a premises that is located within a municipality with
8a population in excess of 1,000,000 inhabitants and within 100
9feet of a church if:
10        (1) the sale of alcoholic liquor is not the principal
11    business carried on by the licensee at the premises;
12        (2) the licensee shall only sell packaged liquors at
13    the premises;
14        (3) the licensee is a national retail chain having over
15    100 locations within the municipality;
16        (4) the licensee has over 8,000 locations nationwide;
17        (5) the licensee has locations in all 50 states;
18        (6) the premises is located in the North-East quadrant
19    of the municipality;
20        (7) the premises is located across the street from a
21    national grocery chain outlet;
22        (8) the premises has approximately 16,148 square feet
23    of retail space;
24        (9) the premises has approximately 992 square feet of
25    pharmacy space;
26        (10) the premises is located on a major arterial street

 

 

09900SB0398ham002- 28 -LRB099 03227 RPS 35792 a

1    that runs north-south and accepts truck traffic; and
2        (11) the alderman of the ward in which the premises is
3    located has expressed, in writing, his or her support for
4    the issuance of the license.
5    (bb) 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 a premises that is located within a municipality with
9a population in excess of 1,000,000 inhabitants and within 100
10feet of a church if:
11        (1) the sale of alcoholic liquor is not the principal
12    business carried on by the licensee at the premises;
13        (2) the sale of alcoholic liquor at the premises is
14    incidental to the sale of food;
15        (3) the primary entrance to the premises and the
16    primary entrance to the church are located on the same
17    street;
18        (4) the premises is across the street from the church;
19        (5) the street on which the premises and the church are
20    located is a major arterial street that runs east-west;
21        (6) the church is an elder-led and Bible-based Assyrian
22    church;
23        (7) the premises and the church are both single-story
24    buildings;
25        (8) the storefront directly west of the church is being
26    used as a restaurant; and

 

 

09900SB0398ham002- 29 -LRB099 03227 RPS 35792 a

1        (9) the distance between the northern-most property
2    line of the premises and the southern-most property line of
3    the church is 65 feet.
4    (cc) 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 a premises that is located within a municipality with
8a population in excess of 1,000,000 inhabitants and within 100
9feet of a school if:
10        (1) the sale of alcoholic liquor is not the principal
11    business carried on by the licensee at the premises;
12        (2) the licensee shall only sell packaged liquors at
13    the premises;
14        (3) the licensee is a national retail chain;
15        (4) as of October 25, 2011, the licensee has 1,767
16    stores operating nationwide, 87 stores operating in the
17    State, and 10 stores operating within the municipality;
18        (5) the licensee shall occupy approximately 124,000
19    square feet of space in the basement and first and second
20    floors of a building located across the street from a
21    school;
22        (6) the school opened in August of 2009 and occupies
23    approximately 67,000 square feet of space; and
24        (7) the building in which the premises shall be located
25    has been listed on the National Register of Historic Places
26    since April 17, 1970.

 

 

09900SB0398ham002- 30 -LRB099 03227 RPS 35792 a

1    (dd) Notwithstanding any provision in this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor within a full-service grocery store at a premises that
5is located within a municipality with a population in excess of
61,000,000 inhabitants and is within 100 feet of a school if:
7        (1) the premises is constructed on land that was
8    purchased from the municipality at a fair market price;
9        (2) the premises is constructed on land that was
10    previously used as a parking facility for public safety
11    employees;
12        (3) the sale of alcoholic liquor is not the principal
13    business carried on by the licensee at the premises;
14        (4) the main entrance to the store is more than 100
15    feet from the main entrance to the school;
16        (5) the premises is to be new construction;
17        (6) the school is a private school;
18        (7) the principal of the school has given written
19    approval for the license;
20        (8) the alderman of the ward where the premises is
21    located has given written approval of the issuance of the
22    license;
23        (9) the grocery store level of the premises is between
24    60,000 and 70,000 square feet; and
25        (10) the owner and operator of the grocery store
26    operates 2 other grocery stores that have alcoholic liquor

 

 

09900SB0398ham002- 31 -LRB099 03227 RPS 35792 a

1    licenses within the same municipality.
2    (ee) Notwithstanding any provision in this Section to the
3contrary, nothing in this Section shall prohibit the issuance
4or renewal of a license authorizing the sale of alcoholic
5liquor within a full-service grocery store at a premises that
6is located within a municipality with a population in excess of
71,000,000 inhabitants and is within 100 feet of a school if:
8        (1) the premises is constructed on land that once
9    contained an industrial steel facility;
10        (2) the premises is located on land that has undergone
11    environmental remediation;
12        (3) the premises is located within a retail complex
13    containing retail stores where some of the stores sell
14    alcoholic beverages;
15        (4) the principal activity of any restaurant in the
16    retail complex is the sale of food, and the sale of
17    alcoholic liquor is incidental to the sale of food;
18        (5) the sale of alcoholic liquor is not the principal
19    business carried on by the grocery store;
20        (6) the entrance to any business that sells alcoholic
21    liquor is more than 100 feet from the entrance to the
22    school;
23        (7) the alderman of the ward where the premises is
24    located has given written approval of the issuance of the
25    license; and
26        (8) the principal of the school has given written

 

 

09900SB0398ham002- 32 -LRB099 03227 RPS 35792 a

1    consent to the issuance of the license.
2    (ff) 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 at the premises;
10        (2) the sale of alcoholic liquor at the premises is
11    incidental to the operation of a theater;
12        (3) the premises is a one and one-half-story building
13    of approximately 10,000 square feet;
14        (4) the school is a City of Chicago School District 299
15    school;
16        (5) the primary entrance of the premises and the
17    primary entrance of the school are at least 300 feet apart
18    and no more than 400 feet apart;
19        (6) the alderman of the ward in which the premises is
20    located has expressed, in writing, his support for the
21    issuance of the license; and
22        (7) the principal of the school has expressed, in
23    writing, that there is no objection to the issuance of a
24    license under this subsection (ff).
25    (gg) Notwithstanding any provision of this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

09900SB0398ham002- 33 -LRB099 03227 RPS 35792 a

1or renewal of a license authorizing the sale of alcoholic
2liquor incidental to the sale of food within a restaurant or
3banquet facility established in a premises that is located in a
4municipality with a population in excess of 1,000,000
5inhabitants and within 100 feet of a church if:
6        (1) the sale of alcoholic liquor is not the principal
7    business carried on by the licensee at the premises;
8        (2) the property on which the church is located and the
9    property on which the premises are located are both within
10    a district originally listed on the National Register of
11    Historic Places on February 14, 1979;
12        (3) the property on which the premises are located
13    contains one or more multi-story buildings that are at
14    least 95 years old and have no more than three stories;
15        (4) the building in which the church is located is at
16    least 120 years old;
17        (5) the property on which the church is located is
18    immediately adjacent to and west of the property on which
19    the premises are located;
20        (6) the western boundary of the property on which the
21    premises are located is no less than 118 feet in length and
22    no more than 122 feet in length;
23        (7) as of December 31, 2012, both the church property
24    and the property on which the premises are located are
25    within 250 feet of City of Chicago Business-Residential
26    Planned Development Number 38;

 

 

09900SB0398ham002- 34 -LRB099 03227 RPS 35792 a

1        (8) the principal religious leader at the place of
2    worship has indicated his or her support for the issuance
3    of the license in writing; and
4        (9) the alderman in whose district the premises are
5    located has expressed his or her support for the issuance
6    of the license in writing.
7    For the purposes of this subsection, "banquet facility"
8means the part of the building that is located on the floor
9above a restaurant and caters to private parties and where the
10sale of alcoholic liquors is not the principal business.
11    (hh) 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 a hotel and at an outdoor patio area attached to
15the hotel that are located in a municipality with a population
16in excess of 1,000,000 inhabitants and that are within 100 feet
17of a hospital if:
18        (1) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the hotel;
20        (2) the hotel is located within the City of Chicago
21    Business Planned Development Number 468; and
22        (3) the hospital is located within the City of Chicago
23    Institutional Planned Development Number 3.
24    (ii) Notwithstanding any provision of this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license authorizing the sale of alcoholic

 

 

09900SB0398ham002- 35 -LRB099 03227 RPS 35792 a

1liquor within a restaurant and at an outdoor patio area
2attached to the restaurant that are located in a municipality
3with a population in excess of 1,000,000 inhabitants and that
4are within 100 feet of a church if:
5        (1) the sale of alcoholic liquor at the premises is not
6    the principal business carried on by the licensee and is
7    incidental to the sale of food;
8        (2) the restaurant has been operated on the street
9    level of a 2-story building located on a corner lot since
10    2008;
11        (3) the restaurant is between 3,700 and 4,000 square
12    feet and sits on a lot that is no more than 6,200 square
13    feet;
14        (4) the primary entrance to the restaurant and the
15    primary entrance to the church are located on the same
16    street;
17        (5) the street on which the restaurant and the church
18    are located is a major east-west street;
19        (6) the restaurant and the church are separated by a
20    one-way northbound street;
21        (7) the church is located to the west of and no more
22    than 65 feet from the restaurant; and
23        (8) the principal religious leader at the place of
24    worship has indicated his or her consent to the issuance of
25    the license in writing.
26    (jj) Notwithstanding any provision of this Section to the

 

 

09900SB0398ham002- 36 -LRB099 03227 RPS 35792 a

1contrary, nothing in this Section shall prohibit the issuance
2or renewal of a license authorizing the sale of alcoholic
3liquor at premises located within a municipality with a
4population in excess of 1,000,000 inhabitants and within 100
5feet of a church if:
6        (1) the sale of alcoholic liquor is not the principal
7    business carried on by the licensee at the premises;
8        (2) the sale of alcoholic liquor is incidental to the
9    sale of food;
10        (3) the premises are located east of the church, on
11    perpendicular streets, and separated by an alley;
12        (4) the distance between the primary entrance of the
13    premises and the primary entrance of the church is at least
14    175 feet;
15        (5) the distance between the property line of the
16    premises and the property line of the church is at least 40
17    feet;
18        (6) the licensee has been operating at the premises
19    since 2012;
20        (7) the church was constructed in 1904;
21        (8) the alderman of the ward in which the premises is
22    located has expressed, in writing, his or her support for
23    the issuance of the license; and
24        (9) the principal religious leader of the church has
25    delivered a written statement that he or she does not
26    object to the issuance of a license under this subsection

 

 

09900SB0398ham002- 37 -LRB099 03227 RPS 35792 a

1    (jj).
2    (kk) 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 169,048
17    square feet of space within a building that is located
18    across the street from a tuition-based preschool; 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    (ll) 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 at a premises that is located within a municipality with
26a population in excess of 1,000,000 inhabitants and within 100

 

 

09900SB0398ham002- 38 -LRB099 03227 RPS 35792 a

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

 

 

09900SB0398ham002- 39 -LRB099 03227 RPS 35792 a

1    catering as an incidental part of food service;
2        (3) the primary business of the restaurant is conducted
3    in space owned by a hospital or an entity owned or
4    controlled by, under common control with, or that controls
5    a hospital, and the chief hospital administrator has
6    expressed his or her support for the issuance of the
7    license in writing; and
8        (4) the hospital is an adult acute care facility
9    primarily located within the City of Chicago Institutional
10    Planned Development Number 3.
11    (nn) 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 out on the premises;
19        (2) the sale of alcoholic liquor at the premises is
20    incidental to the operation of a theater;
21        (3) the premises are a building that was constructed in
22    1913 and opened on May 24, 1915 as a vaudeville theater,
23    and the premises were converted to a motion picture theater
24    in 1935;
25        (4) the church was constructed in 1889 with a stone
26    exterior;

 

 

09900SB0398ham002- 40 -LRB099 03227 RPS 35792 a

1        (5) the primary entrance of the premises and the
2    primary entrance of the church are at least 100 feet apart;
3    and
4        (6) the principal religious leader at the place of
5    worship has indicated his or her consent to the issuance of
6    the license in writing; and
7        (7) the alderman in whose ward the premises are located
8    has expressed his or her support for the issuance of the
9    license in writing.
10    (oo) 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 mosque, church, or other place of worship if:
16        (1) the primary entrance of the premises and the
17    primary entrance of the mosque, church, or other place of
18    worship are perpendicular and are on different streets;
19        (2) the primary entrance to the premises faces West and
20    the primary entrance to the mosque, church, or other place
21    of worship faces South;
22        (3) the distance between the 2 primary entrances is at
23    least 100 feet;
24        (4) the mosque, church, or other place of worship was
25    established in a location within 100 feet of the premises
26    after a license for the sale of alcohol at the premises was

 

 

09900SB0398ham002- 41 -LRB099 03227 RPS 35792 a

1    first issued;
2        (5) the mosque, church, or other place of worship was
3    established on or around January 1, 2011;
4        (6) a license for the sale of alcohol at the premises
5    was first issued on or before January 1, 1985;
6        (7) a license for the sale of alcohol at the premises
7    has been continuously in effect since January 1, 1985,
8    except for interruptions between licenses of no more than
9    90 days; and
10        (8) the premises are a single-story, single-use
11    building of at least 3,000 square feet and no more than
12    3,380 square feet.
13    (pp) Notwithstanding any provision of this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor incidental to the sale of food within a restaurant or
17banquet facility established on premises that are located in a
18municipality with a population in excess of 1,000,000
19inhabitants and within 100 feet of at least one church if:
20        (1) the sale of liquor shall not be the principal
21    business carried on by the licensee at the premises;
22        (2) the premises are at least 2,000 square feet and no
23    more than 10,000 square feet and is located in a
24    single-story building;
25        (3) the property on which the premises are located is
26    within an area that, as of 2009, was designated as a

 

 

09900SB0398ham002- 42 -LRB099 03227 RPS 35792 a

1    Renewal Community by the United States Department of
2    Housing and Urban Development;
3        (4) the property on which the premises are located and
4    the properties on which the churches are located are on the
5    same street;
6        (5) the property on which the premises are located is
7    immediately adjacent to and east of the property on which
8    at least one of the churches is located;
9        (6) the property on which the premises are located is
10    across the street and southwest of the property on which
11    another church is located;
12        (7) the principal religious leaders of the churches
13    have indicated their support for the issuance of the
14    license in writing; and
15        (8) the alderman in whose ward the premises are located
16    has expressed his or her support for the issuance of the
17    license in writing.
18    For purposes of this subsection (pp), "banquet facility"
19means the part of the building that caters to private parties
20and where the sale of alcoholic liquors is not the principal
21business.
22    (qq) 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 on premises that are located within a municipality with
26a population in excess of 1,000,000 inhabitants and within 100

 

 

09900SB0398ham002- 43 -LRB099 03227 RPS 35792 a

1feet of a church or school if:
2        (1) the primary entrance of the premises and the
3    closest entrance of the church or school are at least 200
4    feet apart and no greater than 300 feet apart;
5        (2) the shortest distance between the premises and the
6    church or school is at least 66 feet apart and no greater
7    than 81 feet apart;
8        (3) the premises are a single-story, steel-framed
9    commercial building with at least 18,042 square feet, and
10    was constructed in 1925 and 1997;
11        (4) the owner of the business operated within the
12    premises has been the general manager of a similar
13    supermarket within one mile from the premises, which has
14    had a valid license authorizing the sale of alcoholic
15    liquor since 2002, and is in good standing with the City of
16    Chicago;
17        (5) the principal religious leader at the place of
18    worship has indicated his or her support to the issuance or
19    renewal of the license in writing;
20        (6) the alderman of the ward has indicated his or her
21    support to the issuance or renewal of the license in
22    writing; and
23        (7) the principal of the school has indicated his or
24    her support to the issuance or renewal of the license in
25    writing.
26    (rr) Notwithstanding any provision of this Section to the

 

 

09900SB0398ham002- 44 -LRB099 03227 RPS 35792 a

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

 

 

09900SB0398ham002- 45 -LRB099 03227 RPS 35792 a

1liquor at premises located within a municipality with a
2population in excess of 1,000,000 inhabitants and within 100
3feet of a church if:
4        (1) the premises are located within a 15 unit building
5    with 13 residential apartments and 2 commercial spaces, and
6    the licensee will occupy both commercial spaces;
7        (2) a restaurant has been operated on the premises
8    since June 2011;
9        (3) the restaurant currently occupies 1,075 square
10    feet, but will be expanding to include 975 additional
11    square feet;
12        (4) the sale of alcoholic liquor is not the principal
13    business carried on by the licensee at the premises;
14        (5) the premises are located south of the church and on
15    the same street and are separated by a one-way westbound
16    street;
17        (6) the primary entrance of the premises is at least 93
18    feet from the primary entrance of the church;
19        (7) the shortest distance between any part of the
20    premises and any part of the church is at least 72 feet;
21        (8) the building in which the restaurant is located was
22    built in 1910;
23        (9) the alderman of the ward in which the premises are
24    located has expressed, in writing, his or her support for
25    the issuance of the license; and
26        (10) the principal religious leader of the church has

 

 

09900SB0398ham002- 46 -LRB099 03227 RPS 35792 a

1    delivered a written statement that he or she does not
2    object to the issuance of a license under this subsection
3    (ss).
4    (tt) 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 is not the principal
11    business carried on by the licensee at the premises;
12        (2) the sale of alcoholic liquor is incidental to the
13    sale of food;
14        (3) the sale of alcoholic liquor at the premises was
15    previously authorized by a package goods liquor license;
16        (4) the premises are at least 40,000 square feet with
17    25 parking spaces in the contiguous surface lot to the
18    north of the store and 93 parking spaces on the roof;
19        (5) the shortest distance between the lot line of the
20    parking lot of the premises and the exterior wall of the
21    church is at least 80 feet;
22        (6) the distance between the building in which the
23    church is located and the building in which the premises
24    are located is at least 180 feet;
25        (7) the main entrance to the church faces west and is
26    at least 257 feet from the main entrance of the premises;

 

 

09900SB0398ham002- 47 -LRB099 03227 RPS 35792 a

1    and
2        (8) the applicant is the owner of 10 similar grocery
3    stores within the City of Chicago and the surrounding area
4    and has been in business for more than 30 years.
5    (uu) 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 if:
11        (1) the sale of alcoholic liquor is not the principal
12    business carried on by the licensee at the premises;
13        (2) the sale of alcoholic liquor is incidental to the
14    operation of a grocery store;
15        (3) the premises are located in a building that is
16    approximately 68,000 square feet with 157 parking spaces on
17    property that was previously vacant land;
18        (4) the main entrance to the church faces west and is
19    at least 500 feet from the entrance of the premises, which
20    faces north;
21        (5) the church and the premises are separated by an
22    alley;
23        (6) the applicant is the owner of 9 similar grocery
24    stores in the City of Chicago and the surrounding area and
25    has been in business for more than 40 years; and
26        (7) the alderman of the ward in which the premises are

 

 

09900SB0398ham002- 48 -LRB099 03227 RPS 35792 a

1    located has expressed, in writing, his or her support for
2    the issuance of the license.
3    (vv) 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 sale of alcoholic liquor is the principal
10    business carried on by the licensee at the premises;
11        (2) the sale of alcoholic liquor is primary to the sale
12    of food;
13        (3) the premises are located south of the church and on
14    perpendicular streets and are separated by a driveway;
15        (4) the primary entrance of the premises is at least
16    100 feet from the primary entrance of the church;
17        (5) the shortest distance between any part of the
18    premises and any part of the church is at least 15 feet;
19        (6) the premises are less than 100 feet from the church
20    center, but greater than 100 feet from the area within the
21    building where church services are held;
22        (7) the premises are 25,830 square feet and sit on a
23    lot that is 0.48 acres;
24        (8) the premises were once designated as a Korean
25    American Presbyterian Church and were once used as a
26    Masonic Temple;

 

 

09900SB0398ham002- 49 -LRB099 03227 RPS 35792 a

1        (9) the premises were built in 1910;
2        (10) 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        (11) 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    (vv).
9    For the purposes of this subsection (vv), "premises" means
10a place of business together with a privately owned outdoor
11location that is adjacent to the place of business.
12    (ww) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor at premises located within a municipality with a
16population in excess of 1,000,000 inhabitants and within 100
17feet of a school if:
18        (1) the school is located within Sub Area III of City
19    of Chicago Residential-Business Planned Development Number
20    523, as amended; and
21        (2) the premises are located within Sub Area I, Sub
22    Area II, or Sub Area IV of City of Chicago
23    Residential-Business Planned Development Number 523, as
24    amended.
25    (xx) Notwithstanding any provision of this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

09900SB0398ham002- 50 -LRB099 03227 RPS 35792 a

1or renewal of a license authorizing the sale of alcoholic
2liquor at premises located within a municipality with a
3population in excess of 1,000,000 inhabitants and within 100
4feet of a church if:
5        (1) the sale of wine or wine-related products is the
6    exclusive business carried on by the licensee at the
7    premises;
8        (2) the primary entrance of the premises and the
9    primary entrance of the church are at least 100 feet apart
10    and are located on different streets;
11        (3) the building in which the premises are located and
12    the building in which the church is located are separated
13    by an alley;
14        (4) the premises consists of less than 2,000 square
15    feet of floor area dedicated to the sale of wine or
16    wine-related products;
17        (5) the premises are located on the first floor of a
18    2-story building that is at least 99 years old and has a
19    residential unit on the second floor; and
20        (6) the principal religious leader at the church has
21    indicated his or her support for the issuance or renewal of
22    the license in writing.
23(Source: P.A. 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634,
24eff. 12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12;
2597-806, eff. 7-13-12; 97-1166, eff. 3-1-13; 98-274, eff.
268-9-13; 98-463, eff. 8-16-13; 98-571, eff. 8-27-13; 98-592,

 

 

09900SB0398ham002- 51 -LRB099 03227 RPS 35792 a

1eff. 11-15-13; 98-1092, eff. 8-26-14; 98-1158, eff. 1-9-15.)
 
2    (235 ILCS 5/6-22.5 new)
3    Sec. 6-22.5. Infusions.
4    (a) For purposes of this Section, "infusion" means a spirit
5where ingredients, including, but not limited to, fruits,
6spices, or nuts, are added to naturally infuse flavor into the
7spirit.
8    (b) A retail licensee that is preparing an infusion for
9consumption on the premises shall comply with the following
10requirements:
11        (1) the infusion shall be mixed and stored on the
12    premises of the licensee;
13        (2) the container that the infusion is stored in must
14    have a lid and be in sanitary condition;
15        (3) the infusion shall not be aged for more than 14
16    days;
17        (4) the infusion must be used or destroyed within 21
18    days after the end of the aging process;
19        (5) cleaning records for the container that the
20    infusion is stored in must be available for inspection by
21    agents of the State Commission; and
22        (6) the container that the infusion is stored in must
23    have a label affixed to the container that provides the
24    production date of the infusion, the base spirit of the
25    infusion, the date the infusion will finish the aging

 

 

09900SB0398ham002- 52 -LRB099 03227 RPS 35792 a

1    process, and the date by which the infusion must be
2    destroyed.
 
3    (235 ILCS 5/6-27.1)
4    (This Section may contain text from a Public Act with a
5delayed effective date)
6    Sec. 6-27.1. Responsible alcohol service server training.
7    (a) Unless issued a valid server training certificate
8between July 1, 2012 and July 1, 2015 by a certified Beverage
9Alcohol Sellers and Servers Education and Training (BASSET)
10trainer, all alcohol servers in Cook County are required to
11obtain and complete training in basic responsible alcohol
12service as outlined in 77 Ill. Adm. Code 3500, as those
13provisions exist on July 1, 2015 (the effective date of Public
14Act 98-939), by July 1, 2015 or within 120 days after the
15alcohol server begins his or her employment, whichever is
16later. All alcohol servers in a county, other than Cook County,
17with a population of 200,000 inhabitants or more are required
18to obtain and complete training in basic responsible alcohol
19service as outlined in 77 Ill. Adm. Code 3500, as those
20provisions exist on July 1, 2015 (the effective date of Public
21Act 98-939), by July 1, 2016 or within 120 days after the
22alcohol server begins his or her employment, whichever is
23later. All alcohol servers in a county with a population of
24more than 30,000 inhabitants and less than 200,000 inhabitants
25are required to obtain and complete training in basic

 

 

09900SB0398ham002- 53 -LRB099 03227 RPS 35792 a

1responsible alcohol service as outlined in 77 Ill. Adm. Code
23500, as those provisions exist on July 1, 2015 (the effective
3date of Public Act 98-939), by July 1, 2017 or within 120 days
4after the alcohol server begins his or her employment,
5whichever is later. All alcohol servers in counties with a
6population of 30,000 inhabitants or less are required to obtain
7and complete training in basic responsible alcohol service as
8outlined in 77 Ill. Adm. Code 3500, as those provisions exist
9on July 1, 2015 (the effective date of Public Act 98-939), by
10July 1, 2018 or within 120 days after the alcohol server begins
11his or her employment, whichever is later.
12    There is no limit to the amount of times a server may take
13the training. A certificate of training belongs to the server,
14and a server may transfer a certificate of training to a
15different employer, but shall not transfer a certificate of
16training to another server. Proof that an alcohol server has
17been trained must be available upon reasonable request by State
18law enforcement officials. For the purpose of this Section,
19"alcohol servers" means persons who sell or serve open
20containers of alcoholic beverages at retail and anyone whose
21job description entails the checking of identification for the
22purchase of open containers of alcoholic beverages at retail or
23for entry into the licensed premises. The definition does not
24include (i) a distributor or importing distributor conducting
25product sampling as authorized in Section 6-31 of this Act or a
26registered tasting representative, as provided in 11 Ill. Adm.

 

 

09900SB0398ham002- 54 -LRB099 03227 RPS 35792 a

1Code 100.40, conducting a tasting, as defined in 11 Ill. Adm.
2Code 100.10; (ii) a volunteer serving alcoholic beverages at a
3charitable function; or (iii) an instructor engaged in training
4or educating on the proper technique for using a system that
5dispenses alcoholic beverages.
6    (b) Responsible alcohol service training must cover and
7assess knowledge of the topics noted in 77 Ill. Adm. Code
83500.155.
9    (c) Beginning on the effective date of this amendatory Act
10of the 98th General Assembly, but no later than October 1,
112015, all existing BASSET trainers who are already BASSET
12certified as of the effective date of this amendatory Act of
13the 98th General Assembly shall be recertified by the State
14Commission and be required to comply with the conditions for
15server training set forth in this amendatory Act of the 98th
16General Assembly.
17    (d) Training modules and certificate program plans must be
18approved by the State Commission. All documents, materials, or
19information related to responsible alcohol service training
20program approval that are submitted to the State Commission are
21confidential and shall not be open to public inspection or
22dissemination and are exempt from disclosure.
23    The State Commission shall only approve programs that meet
24the following criteria:
25        (1) the training course covers the content specified in
26    77 Ill. Adm. Code 3500.155;

 

 

09900SB0398ham002- 55 -LRB099 03227 RPS 35792 a

1        (2) if the training course is classroom-based, the
2    classroom training is at least 4 hours, is available in
3    English and Spanish, and includes a test;
4        (3) if the training course is online or computer-based,
5    the course is designed in a way that ensures that no
6    content can be skipped, is interactive, has audio for
7    content for servers that have a disability, and includes a
8    test;
9        (4) training and testing is based on a job task
10    analysis that clearly identifies and focuses on the
11    knowledge, skills, and abilities needed to responsibly
12    serve alcoholic beverages and is developed using best
13    practices in instructional design and exam development to
14    ensure that the program is fair and legally defensible;
15        (5) training and testing is conducted by any means
16    available, including, but not limited to, online,
17    computer, classroom, or live trainers; and
18        (6) the program must provide access on a
19    24-hour-per-day, 7-days-per-week basis for certificate
20    verification for State Commission, State law enforcement
21    officials, and employers to be able to verify certificate
22    authenticity.
23    (e) Nothing in subsection (d) of this Section shall be
24construed to require a program to use a test administrator or
25proctor.
26    (f) A certificate issued from a BASSET-licensed training

 

 

09900SB0398ham002- 56 -LRB099 03227 RPS 35792 a

1program shall be accepted as meeting the training requirements
2for all server license and permit laws and ordinances in the
3State.
4    (g) A responsible alcohol service training certificate
5from a BASSET-licensed program shall be valid for 3 years.
6    (h) The provisions of this Section shall apply beginning
7July 1, 2015. From July 1, 2015 through December 31, 2015,
8enforcement of the provisions of this Section shall be limited
9to education and notification of the requirements to encourage
10compliance.
11    (i) The provisions of this Section do not apply to a
12special event retailer.
13(Source: P.A. 98-939, eff. 7-1-15.)
 
14    (235 ILCS 5/6-27.5 new)
15    Sec. 6-27.5. Mandatory schedule of prices. All retail
16licensees shall maintain a schedule of the prices charged for
17all drinks of alcoholic liquor to be served and consumed on the
18licensed premises or in any room or part thereof. Whenever a
19hotel or multi-use establishment which holds a valid retailer's
20license operates on its premises more than one establishment at
21which drinks of alcoholic liquor are sold at retail, the hotel
22or multi-use establishment shall maintain at each such
23establishment a separate schedule of the prices charged for
24such drinks at that establishment.
 

 

 

09900SB0398ham002- 57 -LRB099 03227 RPS 35792 a

1    (235 ILCS 5/6-28)  (from Ch. 43, par. 144d)
2    Sec. 6-28. Prohibited happy hours Happy hours prohibited.
3    (a) (Blank). All retail licensees shall maintain a schedule
4of the prices charged for all drinks of alcoholic liquor to be
5served and consumed on the licensed premises or in any room or
6part thereof. Whenever a hotel or multi-use establishment which
7holds a valid retailer's license operates on its premises more
8than one establishment at which drinks of alcoholic liquor are
9sold at retail, the hotel or multi-use establishment shall
10maintain at each such establishment a separate schedule of the
11prices charged for such drinks at that establishment.
12    (b) No retail licensee or employee or agent of such
13licensee shall:
14        (1) sell more than one drink of alcoholic liquor for
15    the price of one drink of alcoholic liquor serve 2 or more
16    drinks of alcoholic liquor at one time to one person for
17    consumption by that one person, except conducting product
18    sampling pursuant to Section 6-31 or selling or delivering
19    wine by the bottle or carafe;
20        (2) sell, offer to sell or serve to any person an
21    unlimited number of drinks of alcoholic liquor during any
22    set period of time for a fixed price, except at private
23    functions not open to the general public or as provided in
24    Section 6-28.5 of this Act;
25        (3) (blank) sell, offer to sell or serve any drink of
26    alcoholic liquor to any person on any one date at a reduced

 

 

09900SB0398ham002- 58 -LRB099 03227 RPS 35792 a

1    price other than that charged other purchasers of drinks on
2    that day where such reduced price is a promotion to
3    encourage consumption of alcoholic liquor, except as
4    authorized in paragraph (7) of subsection (c);
5        (4) increase the volume of alcoholic liquor contained
6    in a drink, or the size of a drink of alcoholic liquor,
7    without increasing proportionately the price regularly
8    charged for the drink on that day;
9        (5) encourage or permit, on the licensed premises, any
10    game or contest which involves drinking alcoholic liquor or
11    the awarding of drinks of alcoholic liquor as prizes for
12    such game or contest on the licensed premises; or
13        (6) advertise or promote in any way, whether on or off
14    the licensed premises, any of the practices prohibited
15    under paragraphs (1) through (5).
16    (c) (Blank). Nothing in subsection (b) shall be construed
17to prohibit a licensee from:
18        (1) offering free food or entertainment at any time;
19        (2) including drinks of alcoholic liquor as part of a
20    meal package;
21        (3) including drinks of alcoholic liquor as part of a
22    hotel package;
23        (4) negotiating drinks of alcoholic liquor as part of a
24    contract between a hotel or multi-use establishment and
25    another group for the holding of any function, meeting,
26    convention or trade show;

 

 

09900SB0398ham002- 59 -LRB099 03227 RPS 35792 a

1        (5) providing room service to persons renting rooms at
2    a hotel;
3        (6) selling pitchers (or the equivalent, including but
4    not limited to buckets), carafes, or bottles of alcoholic
5    liquor which are customarily sold in such manner, or
6    selling bottles of spirits, and delivered to 2 or more
7    persons at one time;
8        (7) increasing prices of drinks of alcoholic liquor in
9    lieu of, in whole or in part, a cover charge to offset the
10    cost of special entertainment not regularly scheduled; or
11        (8) including drinks of alcoholic liquor as part of an
12    entertainment package where the licensee is separately
13    licensed by a municipal ordinance that (A) restricts dates
14    of operation to dates during which there is an event at an
15    adjacent stadium, (B) restricts hours of serving alcoholic
16    liquor to 2 hours before the event and one hour after the
17    event, (C) restricts alcoholic liquor sales to beer and
18    wine, (D) requires tickets for admission to the
19    establishment, and (E) prohibits sale of admission tickets
20    on the day of an event and permits the sale of admission
21    tickets for single events only.
22    (d) A violation of this Section Act shall be grounds for
23suspension or revocation of the retailer's license as provided
24by this Act. The State Commission may not enforce any trade
25practice policy or other rule that was not adopted in
26accordance with the Illinois Administrative Procedure Act.

 

 

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1(Source: P.A. 98-571, eff. 8-27-13.)
 
2    (235 ILCS 5/6-28.5 new)
3    Sec. 6-28.5. Permitted happy hours and meal packages, party
4packages, and entertainment packages.
5    (a) As used in this Section:
6    "Dedicated event space" means a room or rooms or other
7clearly delineated space within a retail licensee's premises
8that is reserved for the exclusive use of party package
9invitees during the entirety of a party package. Furniture,
10stanchions and ropes, or other room dividers may be used to
11clearly delineate a dedicated event space.
12    "Meal package" means a food and beverage package, which may
13or may not include entertainment, where the service of
14alcoholic liquor is an accompaniment to the food, including,
15but not limited to, a meal, tour, tasting, or any combination
16thereof for a fixed price by a retail licensee or any other
17licensee operating within a sports facility, restaurant,
18winery, brewery, or distillery.
19    "Party package" means a private party, function, or event
20for a specific social or business occasion, either arranged by
21invitation or reservation for a defined number of individuals,
22that is not open to the general public and where attendees are
23served both food and alcohol for a fixed price in a dedicated
24event space.
25    (b) A retail licensee may:

 

 

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1        (1) offer free food or entertainment at any time;
2        (2) include drinks of alcoholic liquor as part of a
3    meal package;
4        (3) sell or offer for sale a party package only if the
5    retail licensee:
6            (A) offers food in the dedicated event space;
7            (B) limits the party package to no more than 3
8        hours;
9            (C) distributes wristbands, lanyards, shirts, or
10        any other such wearable items to identify party package
11        attendees so the attendees may be granted access to the
12        dedicated event space; and
13            (D) excludes individuals not participating in the
14        party package from the dedicated event space;
15        (4) include drinks of alcoholic liquor as part of a
16    hotel package;
17        (5) negotiate drinks of alcoholic liquor as part of a
18    hotel package;
19        (6) provide room service to persons renting rooms at a
20    hotel;
21        (7) sell pitchers (or the equivalent, including, but
22    not limited to, buckets of bottled beer), carafes, or
23    bottles of alcoholic liquor which are customarily sold in
24    such manner, or sell bottles of spirits;
25        (8) advertise events permitted under this Section;
26        (9) include drinks of alcoholic liquor as part of an

 

 

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1    entertainment package where the licensee is separately
2    licensed by a municipal ordinance that (A) restricts dates
3    of operation to dates during which there is an event at an
4    adjacent stadium, (B) restricts hours of serving alcoholic
5    liquor to 2 hours before the event and one hour after the
6    event, (C) restricts alcoholic liquor sales to beer and
7    wine, (D) requires tickets for admission to the
8    establishment, and (E) prohibits sale of admission tickets
9    on the day of an event and permits the sale of admission
10    tickets for single events only; and
11        (10) discount any drink of alcoholic liquor during a
12    specified time period only if:
13            (A) the price of the drink of alcoholic liquor is
14        not changed during the time that it is discounted;
15            (B) the period of time during which any drink of
16        alcoholic liquor is discounted does not exceed 4 hours
17        per day and 15 hours per week; however, this period of
18        time is not required to be consecutive and may be
19        divided by the licensee in any manner;
20            (C) the drink of alcoholic liquor is not discounted
21        between the hours of 10:00 p.m. and the licensed
22        premises' closing hour; and
23            (D) notice of the discount of the drink of
24        alcoholic liquor during a specified time is posted on
25        the licensed premises or on the licensee's publicly
26        available website at least 7 days prior to the

 

 

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1        specified time.
2    (b) A violation of this Section shall be grounds for
3suspension or revocation of the retailer's license as provided
4by this Act. The State Commission may not enforce any trade
5practice policy or other rule that was not adopted in
6accordance with the Illinois Administrative Procedure Act.
7    (c) All licensees affected by this Section must also comply
8with Sections 6-16, 6-21, and 6-27.1 of this Act.
 
9    (235 ILCS 5/6-31)
10    Sec. 6-31. Product sampling.
11    (a) Retailer, distributor, importing distributor,
12manufacturer and nonresident dealer licensees may conduct
13product sampling for consumption at a licensed retail location.
14Up to 3 samples, consisting of no more than (i) 1/4 ounce of
15distilled spirits, (ii) one ounce of wine, or (iii) 2 ounces of
16beer may be served to a consumer in one day.
17    (b) Notwithstanding the provisions of subsection (a), an
18on-premises retail licensee may offer for sale and serve more
19than one drink per person for sampling purposes without
20violating paragraph (1) of subsection (b) of Section 6-28 or
21paragraph (6) of subsection (c) of Section 6-28 of this Act,
22provided the total quantity of the sampling package, regardless
23of the number of containers in which the alcoholic liquor is
24being served, does not exceed 1 ounce of distilled spirits, 4
25ounces of wine, or 16 ounces of beer. In any event, all

 

 

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1provisions of Section 6-28 shall apply to an on-premises retail
2licensee that conducts product sampling.
3(Source: P.A. 90-432, eff. 1-1-98; 90-626, eff. 1-1-99.)
 
4    (235 ILCS 5/6-14 rep.)
5    Section 10. The Liquor Control Act of 1934 is amended by
6repealing Section 6-14.
 
7    Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".