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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

LIQUOR
(235 ILCS 5/) Liquor Control Act of 1934.

235 ILCS 5/Art. I

 
    (235 ILCS 5/Art. I heading)
ARTICLE I. CONSTRUCTION

235 ILCS 5/1-1

    (235 ILCS 5/1-1) (from Ch. 43, par. 93.9)
    Sec. 1-1. This Act may be cited as the Liquor Control Act of 1934.
(Source: P.A. 86-1475.)

235 ILCS 5/1-2

    (235 ILCS 5/1-2) (from Ch. 43, par. 94)
    Sec. 1-2. This Act shall be liberally construed, to the end that the health, safety, and welfare of the People of the State of Illinois shall be protected and temperance in the consumption of alcoholic liquors shall be fostered and promoted by sound and careful control and regulation of the manufacture, sale, and distribution of alcoholic liquors. The State Commission may not enforce any trade practice policy or other rule that was not adopted in accordance with the Illinois Administrative Procedure Act.
(Source: P.A. 99-46, eff. 7-15-15.)

235 ILCS 5/1-3

    (235 ILCS 5/1-3) (from Ch. 43, par. 95)
    Sec. 1-3. Unless the context otherwise requires, words and phrases are used in this Act in the sense given them in the Sections following this Section and preceding Section 2-1.
(Source: P.A. 91-357, eff. 7-29-99.)

235 ILCS 5/1-3.01

    (235 ILCS 5/1-3.01) (from Ch. 43, par. 95.01)
    Sec. 1-3.01. "Alcohol" means the product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.02

    (235 ILCS 5/1-3.02) (from Ch. 43, par. 95.02)
    Sec. 1-3.02. "Spirits" means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin, or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.03

    (235 ILCS 5/1-3.03) (from Ch. 43, par. 95.03)
    Sec. 1-3.03. "Wine" means any alcoholic beverage obtained by the fermentation of the natural contents of fruits, or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits, as above defined.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.04

    (235 ILCS 5/1-3.04) (from Ch. 43, par. 95.04)
    Sec. 1-3.04. "Beer" means a beverage obtained by the alcoholic fermentation of an infusion or concoction of barley, or other grain, malt, and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.05

    (235 ILCS 5/1-3.05) (from Ch. 43, par. 95.05)
    Sec. 1-3.05. "Alcoholic liquor" includes alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. The provisions of this Act shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with Acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing one-half of one per cent, or less, of alcohol by volume. No tax provided for in Article VIII of this Act shall apply to wine intended for use and used by any church or religious organization for sacramental purposes, provided that such wine shall be purchased from a licensed manufacturer or importing distributor under this Act.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.06

    (235 ILCS 5/1-3.06) (from Ch. 43, par. 95.06)
    Sec. 1-3.06. "Original package" means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container, whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.07

    (235 ILCS 5/1-3.07) (from Ch. 43, par. 95.07)
    Sec. 1-3.07. "Distiller" means a person who distills, ferments, brews, makes, mixes, concocts, processes, blends, bottles or fills an original package with any alcoholic liquor.
    The above definition for a distiller includes a manufacturer of wine, but does not include a manufacturer of beer or bottler of wine.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.08

    (235 ILCS 5/1-3.08) (from Ch. 43, par. 95.08)
    Sec. 1-3.08. "Manufacturer" means every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package, whether for himself or for another, and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquors as above defined.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.09

    (235 ILCS 5/1-3.09) (from Ch. 43, par. 95.09)
    Sec. 1-3.09. "Brewer" means a person who is engaged in the manufacture of beer.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.10

    (235 ILCS 5/1-3.10) (from Ch. 43, par. 95.10)
    Sec. 1-3.10. "Non-beverage user" means every manufacturer of any of the products set forth and described in subsection (a) of Section 8-1 of this Act, when the same contains alcoholic liquor, and all laboratories and hospitals and sanatoria using alcoholic liquor for non-beverage purposes.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.11

    (235 ILCS 5/1-3.11) (from Ch. 43, par. 95.11)
    Sec. 1-3.11. "Wine-manufacturer" means a person who is engaged in the manufacture of wine.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.12

    (235 ILCS 5/1-3.12) (from Ch. 43, par. 95.12)
    Sec. 1-3.12. "Wine-maker" means a person engaged in the making of less than 50,000 gallons of wine annually other than a person issued a Second Class wine-maker's license.
(Source: P.A. 92-378, eff. 8-16-01.)

235 ILCS 5/1-3.13

    (235 ILCS 5/1-3.13) (from Ch. 43, par. 95.13)
    Sec. 1-3.13. "Manufacture" means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with an alcoholic liquor, whether for oneself or for another, and includes blending but does not include the mixing or other preparation of drinks for serving by those persons authorized and permitted in this Act to serve drinks for consumption on the premises where sold. All containers or packages of blended alcoholic liquors shall have affixed thereto a label setting forth and stating clearly the names of all ingredients which the blended alcoholic liquors offered for sale shall contain.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.14

    (235 ILCS 5/1-3.14) (from Ch. 43, par. 95.14)
    Sec. 1-3.14. "Rectifier," means any person who rectifies, ferments, brews, makes, mixes, concocts, processes, blends, bottles or fills an original package with any alcoholic liquor, other than by original or continuous distillation.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.15

    (235 ILCS 5/1-3.15) (from Ch. 43, par. 95.15)
    Sec. 1-3.15. "Distributor" means any person, other than a manufacturer or non-resident dealer licensed under this Act, who is engaged in this State in purchasing, storing, possessing or warehousing any alcoholic liquors for resale or reselling at wholesale, whether within or without this State.
(Source: P.A. 83-1254.)

235 ILCS 5/1-3.16

    (235 ILCS 5/1-3.16) (from Ch. 43, par. 95.16)
    Sec. 1-3.16. "Importing distributor" means any person other than a non-resident dealer licensed under this Act who imports into this State, from any point in the United States outside this State, whether for himself or for another, any alcoholic liquors for sale or resale, or for use in the manufacture, preparation or compounding of products other than alcoholic liquors, or who imports into this State, from any point in the United States outside this State, for consumption in any one calendar year, more than one gallon of such liquors.
(Source: P.A. 83-1254.)

235 ILCS 5/1-3.17

    (235 ILCS 5/1-3.17) (from Ch. 43, par. 95.17)
    Sec. 1-3.17. "Retailer" means a person who sells, or offers for sale, alcoholic liquor for use or consumption and not for resale in any form.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.17.1

    (235 ILCS 5/1-3.17.1) (from Ch. 43, par. 95.17.1)
    Sec. 1-3.17.1. "Special event retailer" means an educational, fraternal, political, civic, religious, or non-profit organization which sells or offers for sale beer or wine, or both, only for consumption at the location and on the dates designated by a special event retail license.
(Source: P.A. 86-404.)

235 ILCS 5/1-3.18

    (235 ILCS 5/1-3.18) (from Ch. 43, par. 95.18)
    Sec. 1-3.18. "Sell at retail" and "sale at retail" refer to and mean sales for use or consumption and not for resale in any form.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.19

    (235 ILCS 5/1-3.19) (from Ch. 43, par. 95.19)
    Sec. 1-3.19. "State Commission" means the Illinois Liquor Control Commission.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.20

    (235 ILCS 5/1-3.20) (from Ch. 43, par. 95.20)
    Sec. 1-3.20. "Department" means the Department of Revenue.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.21

    (235 ILCS 5/1-3.21) (from Ch. 43, par. 95.21)
    Sec. 1-3.21. "Sale" means any transfer, exchange or barter in any manner, or by any means whatsoever, including the transfer of alcoholic liquors by and through the transfer or negotiation of warehouse receipts or certificates, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee. The term "sale" includes any transfer of alcoholic liquor from a foreign importer's license to an importing distributor's license even if both licenses are held by the same person.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.22

    (235 ILCS 5/1-3.22) (from Ch. 43, par. 95.22)
    Sec. 1-3.22. "To sell" includes to keep or expose for sale and to keep with intent to sell.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.23

    (235 ILCS 5/1-3.23) (from Ch. 43, par. 95.23)
    Sec. 1-3.23. "Restaurant" means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.24

    (235 ILCS 5/1-3.24) (from Ch. 43, par. 95.24)
    Sec. 1-3.24. "Club" means a corporation organized under the laws of this State, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning, hiring or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and their guests; provided, that such club files with the local liquor control commissioner at the time of its application for a license under this Act two copies of a list of names and residences of its members, and similarly files within 10 days of the election of any additional member his or her name and address; and, provided further, that its affairs and management are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting and that no member or any officer, agent, or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club.
(Source: P.A. 84-551.)

235 ILCS 5/1-3.25

    (235 ILCS 5/1-3.25) (from Ch. 43, par. 95.25)
    Sec. 1-3.25. "Hotel" means every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which twenty-five (25) or more rooms are used for the sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings in connection therewith and such building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity. All public dining rooms, banquet rooms, meeting rooms, room service areas, mini-bars, and other locations within or adjacent to a hotel in which alcoholic liquors are stored, offered for sale, or sold at retail shall be considered part of the hotel's licensed premises if those locations within or adjacent to the hotel are owned and managed by the hotel operator. As part of the hotel's licensed premises, each and all of those locations within or adjacent to the hotel shall be maintained and managed pursuant to a single retailer's license issued by the State Commission to the hotel operator, regardless of the number of local retailer licenses mandated by the local unit of government having jurisdiction over the hotel. Public dining rooms and other locations within or adjacent to a hotel that are owned or managed by a person other than the hotel operator and are licensed by the local unit of government having jurisdiction over the hotel to a person other than the hotel operator are not considered part of the hotel's licensed premises for purposes of this Act and, as such, must be maintained and operated under separate retailer's licenses.
(Source: P.A. 99-46, eff. 7-15-15.)

235 ILCS 5/1-3.26

    (235 ILCS 5/1-3.26) (from Ch. 43, par. 95.26)
    Sec. 1-3.26. (Repealed).
(Source: P.A. 82-783. Repealed by P.A. 89-250, eff. 1-1-96.)

235 ILCS 5/1-3.27

    (235 ILCS 5/1-3.27) (from Ch. 43, par. 95.27)
    Sec. 1-3.27. "Foreign importer" means anyone other than a non-resident dealer licensed under this Act who imports into this State, from any point outside the United States, any alcoholic liquors other than in bulk for sale to a licensed importing distributor.
(Source: P.A. 83-1254.)

235 ILCS 5/1-3.28

    (235 ILCS 5/1-3.28) (from Ch. 43, par. 95.28)
    Sec. 1-3.28. "Broker" means (i) a person who solicits orders for or offers to sell or supply alcoholic liquors to retailers for a fee or commission, for or on behalf of a person authorized to manufacture or sell at wholesale alcoholic liquors within or without the State or (ii) a person within this State, other than a retail licensee, who, for a fee or commission, promotes, solicits, or accepts orders for alcoholic liquor, for use or consumption and not for resale, to be shipped from this State and delivered to residents outside of this State by an express company, common carrier, or contract carrier. This Section does not apply to any person who promotes, solicits, or accepts orders for wine as specifically authorized in Section 6-29 of this Act.
(Source: P.A. 90-739, eff. 8-13-98.)

235 ILCS 5/1-3.29

    (235 ILCS 5/1-3.29) (from Ch. 43, par. 95.29)
    Sec. 1-3.29. "Non-resident dealer" means any person, firm, partnership, corporation or other legal business entity who or which exports into this State, from any point outside of this State, any alcoholic liquors for sale to Illinois licensed foreign importers or importing distributors. Such license shall be restricted to the actual manufacturer of such alcoholic liquors or the primary United States importer of such alcoholic liquors, if manufactured outside of the United States, or the duly registered agent of such manufacturer or importer. Registration of such agent with the State Commission, in such manner and form as it may prescribe, shall be a prerequisite to the issuance of such license to an agent.
    Any licensed Illinois manufacturer of Class 1, Class 2, or Class 3 may obtain a Non-Resident Dealer's License at no fee. A manufacturer whose production of alcoholic liquor is less than 500,000 gallons per year may obtain a Non-Resident Dealer's License for an annual fee of $75.
(Source: P.A. 82-783.)

235 ILCS 5/1-3.30

    (235 ILCS 5/1-3.30) (from Ch. 43, par. 95.30)
    Sec. 1-3.30. "Special event" means an event conducted by an educational, fraternal, political, civic, religious or non-profit organization.
(Source: P.A. 86-404.)

235 ILCS 5/1-3.31

    (235 ILCS 5/1-3.31) (from Ch. 43, par. 95.31)
    Sec. 1-3.31. "Limited wine manufacturer" means a wine manufacturer which uses only grapes, berries, other fruits, fruit products, honey and vegetables produced or grown in Illinois, except as follows: (i) during the first 36 months of operation after first being issued a license it may use as much as 100% imported products; (ii) during the following 24 months it may use as much as 80% imported products; and (iii) thereafter it may use as much as 60% imported products. The maximum allowances on use of imported products may be temporarily increased in any year in which there is a crop shortage or severe drought in such percentages as determined by the Director of the Department of Agriculture.
(Source: P.A. 86-858; 86-1028.)

235 ILCS 5/1-3.32

    (235 ILCS 5/1-3.32)
    Sec. 1-3.32. "Auction liquor license" means a person who obtains prior written approval from the State Commission to sell or offer for sale at auction, on a specified date, wine or spirits for private use or consumption, or for resale by an Illinois liquor licensee in accordance with the provisions of this Act.
(Source: P.A. 88-91.)

235 ILCS 5/1-3.33

    (235 ILCS 5/1-3.33)
    Sec. 1-3.33. "Brew Pub" means a person who manufactures no more than 155,000 gallons of beer per year only at a designated licensed premises to make sales to importing distributors, distributors, and to non-licensees for use and consumption only, who stores beer at the designated premises, and who is allowed to sell at retail from the licensed premises, provided that a brew pub licensee shall not sell for off-premises consumption more than 155,000 gallons per year.
(Source: P.A. 99-448, eff. 8-24-15.)

235 ILCS 5/1-3.34

    (235 ILCS 5/1-3.34)
    Sec. 1-3.34. "Caterer retailer" means a person who serves alcoholic liquors for consumption, either on-site or off-site, whether the location is licensed or unlicensed, as an incidental part of food service. Prepared meals and alcoholic liquors are sold at a package price agreed upon under contract.
(Source: P.A. 88-91.)

235 ILCS 5/1-3.35

    (235 ILCS 5/1-3.35)
    Sec. 1-3.35. Special use permit license. "Special use permit license" means a license for use by a retailer to allow for the transfer of alcoholic beverages from an existing licensed retail premises to a designated site for a specific event.
(Source: P.A. 88-91; 89-250, eff. 1-1-96.)

235 ILCS 5/1-3.36

    (235 ILCS 5/1-3.36)
    Sec. 1-3.36. Private function. "Private function" means a prearranged private party, function, or event for a specific social or business occasion, either by invitation or reservation and not open to the general public, where the guests in attendance are served in a room or rooms designated and used exclusively for the private party, function, or event.
(Source: P.A. 89-250, eff. 1-1-96.)

235 ILCS 5/1-3.37

    (235 ILCS 5/1-3.37)
    Sec. 1-3.37. "Council" means the Grape and Wine Resources Council.
(Source: P.A. 90-77, eff. 7-8-97.)

235 ILCS 5/1-3.38

    (235 ILCS 5/1-3.38)
    Sec. 1-3.38. Class 1 brewer. "Class 1 brewer" means a person who is a holder of a brewer license or non-resident dealer license who manufactures up to 930,000 gallons of beer per year and who may make sales and deliveries to importing distributors and distributors and to retail licensees in accordance with the conditions set forth in paragraph (18) of subsection (a) of Section 3-12 of this Act.
(Source: P.A. 98-401, eff. 8-16-13; 99-448, eff. 8-24-15.)

235 ILCS 5/1-3.39

    (235 ILCS 5/1-3.39)
    Sec. 1-3.39. Homemade brewed beverage. "Homemade brewed beverage" means beer or any other beverage obtained by the alcoholic fermentation of an infusion or concoction of grains, sugars, or both in water and includes, but is not limited to, beer, mead, and cider made by a person 21 years of age or older, through his or her own efforts, fermented at his or her place of residence, fermented at another place of residence of a homemade brewed beverage brewer, or fermented at a premises of a commercial enterprise that is engaged primarily in selling supplies and equipment for use by home brewers and not for a commercial purpose but for consumption by that person or his or her family, neighbors, guests, and friends or for use at an exhibition, demonstration, judging, tasting, or sampling with sampling sizes as authorized by Section 6-31 of this Act or as part of a contest or competition authorized by Section 6-36 of this Act.
(Source: P.A. 98-55, eff. 7-5-13.)

235 ILCS 5/1-3.40

    (235 ILCS 5/1-3.40)
    Sec. 1-3.40. Manufacturer class license holder. "Manufacturer class license holder" means any holder of a Manufacturer's license as provided in Section 5-1 of this Act. The Manufacturer's licenses are: a Class 1. Distiller, a Class 2. Rectifier, a Class 3. Brewer, a Class 4. First Class Wine Manufacturer, a Class 5. Second Class Wine Manufacturer, a Class 6. First Class Winemaker, a Class 7. Second Class Winemaker, a Class 8. Limited Wine Manufacturer, a Class 9. Craft Distiller, and a Class 10. Craft Brewer and any future Manufacturer's licenses established by law.
(Source: P.A. 99-282, eff. 8-5-15; 99-642, eff. 7-28-16.)

235 ILCS 5/1-3.41

    (235 ILCS 5/1-3.41)
    Sec. 1-3.41. Non-alcoholic merchandise. "Non-alcoholic merchandise" means any good or commodity that contains less than 0.5 percent alcohol by volume. For purposes of this Act, "non-alcoholic merchandise" does not include trade fixtures, equipment, or furnishings that are used or intended for the limited purpose of storing, servicing, displaying, advertising, furnishing, selling, or aiding in the sale of alcoholic liquors.
(Source: P.A. 99-282, eff. 8-5-15.)

235 ILCS 5/1-3.42

    (235 ILCS 5/1-3.42)
    Sec. 1-3.42. Class 2 brewer. "Class 2 brewer" means a person who is a holder of a brewer license or non-resident dealer license who manufactures up to 3,720,000 gallons of beer per year for sale to a licensed importing distributor or distributor.
(Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16.)

235 ILCS 5/Art. II

 
    (235 ILCS 5/Art. II heading)
ARTICLE II. SCOPE OF ACT

235 ILCS 5/2-1

    (235 ILCS 5/2-1) (from Ch. 43, par. 96)
    Sec. 2-1. No person shall manufacture, bottle, blend, sell, barter, transport, transfer into this State from a point outside this State, deliver, furnish or possess any alcoholic liquor for beverage purposes, unless such person has been issued a license by the Commission or except as permitted by Section 6-29 of this Act or except as otherwise specifically provided in this Act; provided, however, nothing herein contained shall prevent the possession and transportation of alcoholic liquor by the possessor for the personal use of the possessor, his family and guests, nor prevent the making of wine, cider or other alcoholic liquor by a person from fruits, vegetables or grains, or the products thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker, his family and his guests; and provided further that nothing herein contained shall prevent any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his profession, or any hospital or other institution caring for sick and diseased persons, from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or other institution; and provided further that any drug store employing a licensed pharmacist may possess and use alcoholic liquors in the concoction of prescriptions of duly licensed physicians; and provided further, that the possession and dispensation of wine by an authorized representative of any church for the purpose of conducting any bona fide rite or religious ceremony conducted by such church shall not be prohibited by this Act.
(Source: P.A. 90-739, eff. 8-13-98.)

235 ILCS 5/Art. III

 
    (235 ILCS 5/Art. III heading)
ARTICLE III. STATE CONTROL COMMISSION

235 ILCS 5/3-1

    (235 ILCS 5/3-1) (from Ch. 43, par. 97)
    Sec. 3-1. There is hereby created an Illinois Liquor Control Commission consisting of 7 members to be appointed by the Governor with the advice and consent of the Senate, no more than 4 of whom shall be members of the same political party.
(Source: P.A. 91-798, eff. 7-9-00.)

235 ILCS 5/3-2

    (235 ILCS 5/3-2) (from Ch. 43, par. 98)
    Sec. 3-2. Immediately, or soon as may be after the effective date of this Act, the Governor shall appoint 3 members of the commission, one of whom shall be designated as "Chairman", one to hold office for a period of 2 years, one to hold office for a period of 4 years and one to hold office for a period of 6 years. Immediately, or as soon as may be after the effective date of this amendatory Act of 1983, the Governor shall appoint 2 members to the commission to the offices created by this amendatory Act of 1983, one for an initial term expiring the third Monday in January of 1986 and one for an initial term expiring the third Monday in January of 1988. At the expiration of the term of any such commissioner the Governor shall reappoint said commissioner or appoint a successor of said commissioner for a period of 6 years. The Governor shall have power to fill vacancies in the office of any commissioner.
    Notwithstanding any provision of this Section to the contrary, the term of office of each member of the commission is abolished on the effective date of this amendatory Act of 1985, but the incumbent members shall continue to exercise all of the powers and be subject to all of the duties of members of the commission until their respective successors are appointed and qualified. The Governor shall appoint 2 members of the commission whose terms of office shall expire on February 1, 1986, 2 members of the commission whose terms of office shall expire on February 1, 1988, and one member of the commission whose term shall expire on February 1, 1990. Their respective successors shall be appointed for terms of 6 years from the first day of February of the year of appointment. Each member shall serve until his successor is appointed and qualified.
    The initial term of both of the 2 additional members appointed pursuant to this amendatory Act of the 91st General Assembly shall expire on February 1, 2006. Their respective successors shall be appointed for terms of 6 years from the first day of February of the year of appointment. Each member shall serve until his or her successor is appointed and qualified.
(Source: P.A. 91-798, eff. 7-9-00.)

235 ILCS 5/3-3

    (235 ILCS 5/3-3) (from Ch. 43, par. 99)
    Sec. 3-3. A majority of the commission shall constitute a quorum to transact business, but no vacancy shall impair the right of the remaining commissioners to exercise all of the powers of the commission; and every act of a majority of the members of the commission shall be deemed to be the act of the commission. The commission shall have a secretary who shall keep a record of all proceedings, transactions, communications and official acts of the commission and who shall be custodian of all records and perform such other duties as the commission may prescribe.
(Source: P.A. 82-783.)

235 ILCS 5/3-4

    (235 ILCS 5/3-4) (from Ch. 43, par. 100)
    Sec. 3-4. The commission shall obtain, pursuant to the provisions of the "Personnel Code" enacted by the 69th General Assembly, such inspectors, clerks and other employees as may be necessary to carry out the provisions of this Act, or to perform the duties and exercise the powers conferred by law upon the commission.
(Source: P.A. 82-783.)

235 ILCS 5/3-5

    (235 ILCS 5/3-5) (from Ch. 43, par. 101)
    Sec. 3-5. Each commissioner, the secretary, and each person appointed by the commission shall, before entering upon the duties of his office, take and subscribe to the constitutional oath of office. The secretary and each inspector, clerk and other employee shall devote his entire time to the duties of his office.
(Source: P.A. 82-783.)

235 ILCS 5/3-6

    (235 ILCS 5/3-6) (from Ch. 43, par. 102)
    Sec. 3-6. No person shall be appointed a commissioner, secretary, or inspector for the commission who is not a citizen of the United States. No commissioner, secretary, inspector, or other employee shall be appointed who has been convicted of any violation of any Federal or State law concerning the manufacture or sale of alcoholic liquor prior or subsequent to the passage of this Act or who has paid a fine or penalty in settlement of any prosecution against him for any violation of such laws or shall have forfeited his bond to appear in court to answer charges for any such violation, nor shall any person be appointed who has been convicted of a felony. No commissioner, inspector or other employee, may, directly or indirectly, individually or as a member of a partnership, or as a shareholder of a corporation, have any interest whatsoever in the manufacture, sale or distribution of alcoholic liquor, nor receive any compensation or profit therefrom, nor have any interest whatsoever in the purchases or sales made by the persons authorized by this Act, or to purchase or to sell alcoholic liquor. No provision of this section shall prevent any such commissioner, secretary, inspector or other employee from purchasing and keeping in his possession for the use of himself or members of his family or guests any alcoholic liquor which may be purchased or kept by any person by virtue of this Act.
(Source: P.A. 83-1254.)

235 ILCS 5/3-7

    (235 ILCS 5/3-7) (from Ch. 43, par. 103)
    Sec. 3-7. No commissioner, secretary, or person appointed or employed by the commission, shall solicit or accept any gift, gratuity, emolument or employment from any person subject to the provisions of this Act, or from any officer, agent or employee thereof, nor solicit, request from or recommend, directly or indirectly, to any such person or to any officer, agent or employee thereof, the appointment of any person to any place or position, and every such person, and every officer, agent or employee thereof, is hereby forbidden to offer to any commissioner, secretary, or to any person appointed or employed by the commission, any gift, gratuity, emolument or employment. If any commissioner, secretary or any person appointed or employed by the commission, shall violate any of the provisions of this Section, he shall be removed from the office or employment held by him. Every person violating the provisions of this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 82-783.)

235 ILCS 5/3-8

    (235 ILCS 5/3-8) (from Ch. 43, par. 104)
    Sec. 3-8. Before entering upon the duties of his office, each commissioner shall give a bond, with surety to be approved by the Governor, in the sum of five thousand dollars ($5,000) for the faithful performance of his duties as such commissioner. Before entering upon the duties of his office the secretary shall give a bond, with surety to be approved by the Governor, in the sum of five thousand dollars ($5,000) for the faithful performance of his duties as secretary.
(Source: P.A. 82-783.)

235 ILCS 5/3-9

    (235 ILCS 5/3-9) (from Ch. 43, par. 105)
    Sec. 3-9. Compensation of commissioners, secretary, and employees. The chairman of the Commission shall receive an annual salary of $32,000 or such greater amount as may be set by the Compensation Review Board. The other commissioners shall receive an annual salary of $28,000 or such greater amount as may be set by the Compensation Review Board. The secretary of the Commission shall receive an annual salary as set by the Compensation Review Board. All clerks, inspectors, and employees of the Commission shall receive reasonable compensation in an amount fixed by the Commission, subject to the approval in writing of the Governor.
(Source: P.A. 91-798, eff. 7-9-00.)

235 ILCS 5/3-10

    (235 ILCS 5/3-10) (from Ch. 43, par. 106)
    Sec. 3-10. The commissioners, the secretary, and all clerks, inspectors and other employees shall be reimbursed for all actual and necessary traveling and other expenses and disbursements incurred or made by them in the discharge of their official duties. The commission may also incur necessary expenses for office furniture and other incidental expenses.
(Source: P.A. 82-783.)

235 ILCS 5/3-11

    (235 ILCS 5/3-11) (from Ch. 43, par. 107)
    Sec. 3-11. Principal office; meetings; seal; proceedings. The principal office of the Commission shall be in Chicago, but the Commission may, with the approval of the Governor, establish and maintain branch offices at other places. The Commission shall hold regular meetings at least once a month at its office, and may hold such special meetings as it may deem necessary at any time and at any place within the State. The Commission may, for authentication of its records, process and proceedings, adopt, keep and use a common seal, of which seal judicial notice shall be taken in all of the courts of the State, and any process, notice or other paper which the Commission may be authorized by law to issue, shall be deemed sufficient if signed by the secretary of said Commission and authenticated by such seal; and all acts, orders, proceedings, rules, regulations, entries, minutes, and other records of said Commission, and all reports and documents filed with said Commission may be proved in any court of this State by copy thereof certified to by the secretary of said Commission with the seal of said Commission attached.
(Source: P.A. 89-250, eff. 1-1-96.)

235 ILCS 5/3-12

    (235 ILCS 5/3-12)
    Sec. 3-12. Powers and duties of State Commission.
    (a) The State commission shall have the following powers, functions, and duties:
        (1) To receive applications and to issue licenses to
    
manufacturers, foreign importers, importing distributors, distributors, non-resident dealers, on premise consumption retailers, off premise sale retailers, special event retailer licensees, special use permit licenses, auction liquor licenses, brew pubs, caterer retailers, non-beverage users, railroads, including owners and lessees of sleeping, dining and cafe cars, airplanes, boats, brokers, and wine maker's premises licensees in accordance with the provisions of this Act, and to suspend or revoke such licenses upon the State commission's determination, upon notice after hearing, that a licensee has violated any provision of this Act or any rule or regulation issued pursuant thereto and in effect for 30 days prior to such violation. Except in the case of an action taken pursuant to a violation of Section 6-3, 6-5, or 6-9, any action by the State Commission to suspend or revoke a licensee's license may be limited to the license for the specific premises where the violation occurred.
        In lieu of suspending or revoking a license, the
    
commission may impose a fine, upon the State commission's determination and notice after hearing, that a licensee has violated any provision of this Act or any rule or regulation issued pursuant thereto and in effect for 30 days prior to such violation.
        For the purpose of this paragraph (1), when
    
determining multiple violations for the sale of alcohol to a person under the age of 21, a second or subsequent violation for the sale of alcohol to a person under the age of 21 shall only be considered if it was committed within 5 years after the date when a prior violation for the sale of alcohol to a person under the age of 21 was committed.
        The fine imposed under this paragraph may not exceed
    
$500 for each violation. Each day that the activity, which gave rise to the original fine, continues is a separate violation. The maximum fine that may be levied against any licensee, for the period of the license, shall not exceed $20,000. The maximum penalty that may be imposed on a licensee for selling a bottle of alcoholic liquor with a foreign object in it or serving from a bottle of alcoholic liquor with a foreign object in it shall be the destruction of that bottle of alcoholic liquor for the first 10 bottles so sold or served from by the licensee. For the eleventh bottle of alcoholic liquor and for each third bottle thereafter sold or served from by the licensee with a foreign object in it, the maximum penalty that may be imposed on the licensee is the destruction of the bottle of alcoholic liquor and a fine of up to $50.
        (2) To adopt such rules and regulations consistent
    
with the provisions of this Act which shall be necessary to carry on its functions and duties to the end that the health, safety and welfare of the People of the State of Illinois shall be protected and temperance in the consumption of alcoholic liquors shall be fostered and promoted and to distribute copies of such rules and regulations to all licensees affected thereby.
        (3) To call upon other administrative departments of
    
the State, county and municipal governments, county and city police departments and upon prosecuting officers for such information and assistance as it deems necessary in the performance of its duties.
        (4) To recommend to local commissioners rules and
    
regulations, not inconsistent with the law, for the distribution and sale of alcoholic liquors throughout the State.
        (5) To inspect, or cause to be inspected, any
    
premises in this State where alcoholic liquors are manufactured, distributed, warehoused, or sold. Nothing in this Act authorizes an agent of the Commission to inspect private areas within the premises without reasonable suspicion or a warrant during an inspection. "Private areas" include, but are not limited to, safes, personal property, and closed desks.
        (5.1) Upon receipt of a complaint or upon having
    
knowledge that any person is engaged in business as a manufacturer, importing distributor, distributor, or retailer without a license or valid license, to notify the local liquor authority, file a complaint with the State's Attorney's Office of the county where the incident occurred, or initiate an investigation with the appropriate law enforcement officials.
        (5.2) To issue a cease and desist notice to persons
    
shipping alcoholic liquor into this State from a point outside of this State if the shipment is in violation of this Act.
        (5.3) To receive complaints from licensees, local
    
officials, law enforcement agencies, organizations, and persons stating that any licensee has been or is violating any provision of this Act or the rules and regulations issued pursuant to this Act. Such complaints shall be in writing, signed and sworn to by the person making the complaint, and shall state with specificity the facts in relation to the alleged violation. If the Commission has reasonable grounds to believe that the complaint substantially alleges a violation of this Act or rules and regulations adopted pursuant to this Act, it shall conduct an investigation. If, after conducting an investigation, the Commission is satisfied that the alleged violation did occur, it shall proceed with disciplinary action against the licensee as provided in this Act.
        (6) To hear and determine appeals from orders of a
    
local commission in accordance with the provisions of this Act, as hereinafter set forth. Hearings under this subsection shall be held in Springfield or Chicago, at whichever location is the more convenient for the majority of persons who are parties to the hearing.
        (7) The commission shall establish uniform systems of
    
accounts to be kept by all retail licensees having more than 4 employees, and for this purpose the commission may classify all retail licensees having more than 4 employees and establish a uniform system of accounts for each class and prescribe the manner in which such accounts shall be kept. The commission may also prescribe the forms of accounts to be kept by all retail licensees having more than 4 employees, including but not limited to accounts of earnings and expenses and any distribution, payment, or other distribution of earnings or assets, and any other forms, records and memoranda which in the judgment of the commission may be necessary or appropriate to carry out any of the provisions of this Act, including but not limited to such forms, records and memoranda as will readily and accurately disclose at all times the beneficial ownership of such retail licensed business. The accounts, forms, records and memoranda shall be available at all reasonable times for inspection by authorized representatives of the State commission or by any local liquor control commissioner or his or her authorized representative. The commission, may, from time to time, alter, amend or repeal, in whole or in part, any uniform system of accounts, or the form and manner of keeping accounts.
        (8) In the conduct of any hearing authorized to be
    
held by the commission, to appoint, at the commission's discretion, hearing officers to conduct hearings involving complex issues or issues that will require a protracted period of time to resolve, to examine, or cause to be examined, under oath, any licensee, and to examine or cause to be examined the books and records of such licensee; to hear testimony and take proof material for its information in the discharge of its duties hereunder; to administer or cause to be administered oaths; for any such purpose to issue subpoena or subpoenas to require the attendance of witnesses and the production of books, which shall be effective in any part of this State, and to adopt rules to implement its powers under this paragraph (8).
        Any Circuit Court may by order duly entered, require
    
the attendance of witnesses and the production of relevant books subpoenaed by the State commission and the court may compel obedience to its order by proceedings for contempt.
        (9) To investigate the administration of laws in
    
relation to alcoholic liquors in this and other states and any foreign countries, and to recommend from time to time to the Governor and through him or her to the legislature of this State, such amendments to this Act, if any, as it may think desirable and as will serve to further the general broad purposes contained in Section 1-2 hereof.
        (10) To adopt such rules and regulations consistent
    
with the provisions of this Act which shall be necessary for the control, sale or disposition of alcoholic liquor damaged as a result of an accident, wreck, flood, fire or other similar occurrence.
        (11) To develop industry educational programs related
    
to responsible serving and selling, particularly in the areas of overserving consumers and illegal underage purchasing and consumption of alcoholic beverages.
        (11.1) To license persons providing education and
    
training to alcohol beverage sellers and servers for mandatory and non-mandatory training under the Beverage Alcohol Sellers and Servers Education and Training (BASSET) programs and to develop and administer a public awareness program in Illinois to reduce or eliminate the illegal purchase and consumption of alcoholic beverage products by persons under the age of 21. Application for a license shall be made on forms provided by the State Commission.
        (12) To develop and maintain a repository of license
    
and regulatory information.
        (13) On or before January 15, 1994, the Commission
    
shall issue a written report to the Governor and General Assembly that is to be based on a comprehensive study of the impact on and implications for the State of Illinois of Section 1926 of the Federal ADAMHA Reorganization Act of 1992 (Public Law 102-321). This study shall address the extent to which Illinois currently complies with the provisions of P.L. 102-321 and the rules promulgated pursuant thereto.
        As part of its report, the Commission shall provide
    
the following essential information:
            (i) the number of retail distributors of tobacco
        
products, by type and geographic area, in the State;
            (ii) the number of reported citations and
        
successful convictions, categorized by type and location of retail distributor, for violation of the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act and the Smokeless Tobacco Limitation Act;
            (iii) the extent and nature of organized
        
educational and governmental activities that are intended to promote, encourage or otherwise secure compliance with any Illinois laws that prohibit the sale or distribution of tobacco products to minors; and
            (iv) the level of access and availability of
        
tobacco products to individuals under the age of 18.
        To obtain the data necessary to comply with the
    
provisions of P.L. 102-321 and the requirements of this report, the Commission shall conduct random, unannounced inspections of a geographically and scientifically representative sample of the State's retail tobacco distributors.
        The Commission shall consult with the Department of
    
Public Health, the Department of Human Services, the Illinois State Police and any other executive branch agency, and private organizations that may have information relevant to this report.
        The Commission may contract with the Food and Drug
    
Administration of the U.S. Department of Health and Human Services to conduct unannounced investigations of Illinois tobacco vendors to determine compliance with federal laws relating to the illegal sale of cigarettes and smokeless tobacco products to persons under the age of 18.
        (14) On or before April 30, 2008 and every 2 years
    
thereafter, the Commission shall present a written report to the Governor and the General Assembly that shall be based on a study of the impact of this amendatory Act of the 95th General Assembly on the business of soliciting, selling, and shipping wine from inside and outside of this State directly to residents of this State. As part of its report, the Commission shall provide all of the following information:
            (A) The amount of State excise and sales tax
        
revenues generated.
            (B) The amount of licensing fees received.
            (C) The number of cases of wine shipped from
        
inside and outside of this State directly to residents of this State.
            (D) The number of alcohol compliance operations
        
conducted.
            (E) The number of winery shipper's licenses
        
issued.
            (F) The number of each of the following: reported
        
violations; cease and desist notices issued by the Commission; notices of violations issued by the Commission and to the Department of Revenue; and notices and complaints of violations to law enforcement officials, including, without limitation, the Illinois Attorney General and the U.S. Department of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
        (15) As a means to reduce the underage consumption of
    
alcoholic liquors, the Commission shall conduct alcohol compliance operations to investigate whether businesses that are soliciting, selling, and shipping wine from inside or outside of this State directly to residents of this State are licensed by this State or are selling or attempting to sell wine to persons under 21 years of age in violation of this Act.
        (16) The Commission shall, in addition to
    
notifying any appropriate law enforcement agency, submit notices of complaints or violations of Sections 6-29 and 6-29.1 by persons who do not hold a winery shipper's license under this amendatory Act to the Illinois Attorney General and to the U.S. Department of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
        (17) (A) A person licensed to make wine under the
    
laws of another state who has a winery shipper's license under this amendatory Act and annually produces less than 25,000 gallons of wine or a person who has a first-class or second-class wine manufacturer's license, a first-class or second-class wine-maker's license, or a limited wine manufacturer's license under this Act and annually produces less than 25,000 gallons of wine may make application to the Commission for a self-distribution exemption to allow the sale of not more than 5,000 gallons of the exemption holder's wine to retail licensees per year.
            (B) In the application, which shall be sworn
        
under penalty of perjury, such person shall state (1) the date it was established; (2) its volume of production and sales for each year since its establishment; (3) its efforts to establish distributor relationships; (4) that a self-distribution exemption is necessary to facilitate the marketing of its wine; and (5) that it will comply with the liquor and revenue laws of the United States, this State, and any other state where it is licensed.
            (C) The Commission shall approve the application
        
for a self-distribution exemption if such person: (1) is in compliance with State revenue and liquor laws; (2) is not a member of any affiliated group that produces more than 25,000 gallons of wine per annum or produces any other alcoholic liquor; (3) will not annually produce for sale more than 25,000 gallons of wine; and (4) will not annually sell more than 5,000 gallons of its wine to retail licensees.
            (D) A self-distribution exemption holder shall
        
annually certify to the Commission its production of wine in the previous 12 months and its anticipated production and sales for the next 12 months. The Commission may fine, suspend, or revoke a self-distribution exemption after a hearing if it finds that the exemption holder has made a material misrepresentation in its application, violated a revenue or liquor law of Illinois, exceeded production of 25,000 gallons of wine in any calendar year, or become part of an affiliated group producing more than 25,000 gallons of wine or any other alcoholic liquor.
            (E) Except in hearings for violations of this
        
Act or amendatory Act or a bona fide investigation by duly sworn law enforcement officials, the Commission, or its agents, the Commission shall maintain the production and sales information of a self-distribution exemption holder as confidential and shall not release such information to any person.
            (F) The Commission shall issue regulations
        
governing self-distribution exemptions consistent with this Section and this Act.
            (G) Nothing in this subsection (17) shall
        
prohibit a self-distribution exemption holder from entering into or simultaneously having a distribution agreement with a licensed Illinois distributor.
            (H) It is the intent of this subsection (17) to
        
promote and continue orderly markets. The General Assembly finds that in order to preserve Illinois' regulatory distribution system it is necessary to create an exception for smaller makers of wine as their wines are frequently adjusted in varietals, mixes, vintages, and taste to find and create market niches sometimes too small for distributor or importing distributor business strategies. Limited self-distribution rights will afford and allow smaller makers of wine access to the marketplace in order to develop a customer base without impairing the integrity of the 3-tier system.
        (18) (A) A class 1 brewer licensee, who must also be
    
either a licensed brewer or licensed non-resident dealer and annually manufacture less than 930,000 gallons of beer, may make application to the State Commission for a self-distribution exemption to allow the sale of not more than 232,500 gallons of the exemption holder's beer to retail licensees per year.
            (B) In the application, which shall be sworn
        
under penalty of perjury, the class 1 brewer licensee shall state (1) the date it was established; (2) its volume of beer manufactured and sold for each year since its establishment; (3) its efforts to establish distributor relationships; (4) that a self-distribution exemption is necessary to facilitate the marketing of its beer; and (5) that it will comply with the alcoholic beverage and revenue laws of the United States, this State, and any other state where it is licensed.
            (C) Any application submitted shall be posted on
        
the State Commission's website at least 45 days prior to action by the State Commission. The State Commission shall approve the application for a self-distribution exemption if the class 1 brewer licensee: (1) is in compliance with the State, revenue, and alcoholic beverage laws; (2) is not a member of any affiliated group that manufacturers more than 930,000 gallons of beer per annum or produces any other alcoholic beverages; (3) shall not annually manufacture for sale more than 930,000 gallons of beer; (4) shall not annually sell more than 232,500 gallons of its beer to retail licensees; and (5) has relinquished any brew pub license held by the licensee, including any ownership interest it held in the licensed brew pub.
            (D) A self-distribution exemption holder shall
        
annually certify to the State Commission its manufacture of beer during the previous 12 months and its anticipated manufacture and sales of beer for the next 12 months. The State Commission may fine, suspend, or revoke a self-distribution exemption after a hearing if it finds that the exemption holder has made a material misrepresentation in its application, violated a revenue or alcoholic beverage law of Illinois, exceeded the manufacture of 930,000 gallons of beer in any calendar year or became part of an affiliated group manufacturing more than 930,000 gallons of beer or any other alcoholic beverage.
            (E) The State Commission shall issue rules and
        
regulations governing self-distribution exemptions consistent with this Act.
            (F) Nothing in this paragraph (18) shall prohibit
        
a self-distribution exemption holder from entering into or simultaneously having a distribution agreement with a licensed Illinois importing distributor or a distributor. If a self-distribution exemption holder enters into a distribution agreement and has assigned distribution rights to an importing distributor or distributor, then the self-distribution exemption holder's distribution rights in the assigned territories shall cease in a reasonable time not to exceed 60 days.
            (G) It is the intent of this paragraph (18) to
        
promote and continue orderly markets. The General Assembly finds that in order to preserve Illinois' regulatory distribution system, it is necessary to create an exception for smaller manufacturers in order to afford and allow such smaller manufacturers of beer access to the marketplace in order to develop a customer base without impairing the integrity of the 3-tier system.
    (b) On or before April 30, 1999, the Commission shall present a written report to the Governor and the General Assembly that shall be based on a study of the impact of this amendatory Act of 1998 on the business of soliciting, selling, and shipping alcoholic liquor from outside of this State directly to residents of this State.
    As part of its report, the Commission shall provide the following information:
        (i) the amount of State excise and sales tax revenues
    
generated as a result of this amendatory Act of 1998;
        (ii) the amount of licensing fees received as a
    
result of this amendatory Act of 1998;
        (iii) the number of reported violations, the number
    
of cease and desist notices issued by the Commission, the number of notices of violations issued to the Department of Revenue, and the number of notices and complaints of violations to law enforcement officials.
(Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15; 98-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff. 8-24-15.)

235 ILCS 5/3-13

    (235 ILCS 5/3-13) (from Ch. 43, par. 108a)
    Sec. 3-13. The provisions of "The Illinois Administrative Procedure Act", as now or hereafter amended, are hereby expressly adopted and incorporated herein as though a part of this Act, and shall apply to all administrative rules and procedures of the State commission under this Act.
(Source: P.A. 82-783.)

235 ILCS 5/3-14

    (235 ILCS 5/3-14) (from Ch. 43, par. 109)
    Sec. 3-14. Issuance of license by Commission. Nothing contained in this Act shall, however, be construed to permit the State Commission to issue any license, other than manufacturer's, foreign importer's, importing distributor's, non-resident dealer's, and distributor's, broker's and non-beverage user's license for any premises in any prohibited territory, or to issue any license other than manufacturer's, foreign importer's, importing distributor's, non-resident dealer's, distributor's, railroad's, airplane's, boat's, or broker's license, auction liquor license, or non-beverage user's license, unless the person applying for such license shall have obtained a local license for the same premises. For purposes of this Section and only in regards to a hotel, the local license issued for the same premises may include multiple local licenses issued to a hotel operator for various portions of the hotel building, structure, or adjacent property owned and managed by the hotel operator in which alcoholic liquors may be stored, offered for sale, and sold; however, all of those portions of the hotel building, structure, or adjacent property shall be considered the hotel premises for purposes of the issuance of a retailer's license by the State Commission. When such person has obtained a local license and has made application to the State Commission in conformity with this Act and paid the license fee provided, it shall be the duty of the State Commission to issue a retailer's license to him; provided, however, that the State Commission may refuse the issuance or renewal of a retailer's license, upon notice and after hearing, upon the grounds authorized in Section 6-3 of this Act, and, provided further, that the issuance of such license shall not prejudice the State Commission's action in subsequently suspending or revoking such license if it is determined by the State Commission, upon notice and after hearing, that the licensee has, within the same or the preceding license period, violated any provision of this Act or any rule or regulation issued pursuant thereto and in effect for 30 days prior to such violation. The Commission may also refuse to renew a license if the licensee has failed to pay an offer in compromise, pre-disciplinary settlement, or a fine imposed by order.
(Source: P.A. 99-46, eff. 7-15-15.)

235 ILCS 5/Art. IV

 
    (235 ILCS 5/Art. IV heading)
ARTICLE IV. LOCAL CONTROL

235 ILCS 5/4-1

    (235 ILCS 5/4-1) (from Ch. 43, par. 110)
    Sec. 4-1. In every city, village or incorporated town, the city council or president and board of trustees, and in counties in respect of territory outside the limits of any such city, village or incorporated town the county board shall have the power by general ordinance or resolution to determine the number, kind and classification of licenses, for sale at retail of alcoholic liquor not inconsistent with this Act and the amount of the local licensee fees to be paid for the various kinds of licenses to be issued in their political subdivision, except those issued to the specific non-beverage users exempt from payment of license fees under Section 5-3 which shall be issued without payment of any local license fees, and the manner of distribution of such fees after their collection; to regulate or prohibit the presence of persons under the age of 21 on the premises of licensed retail establishments of various kinds and classifications where alcoholic liquor is drawn, poured, mixed or otherwise served for consumption on the premises; to prohibit any minor from drawing, pouring, or mixing any alcoholic liquor as an employee of any retail licensee; and to prohibit any minor from at any time attending any bar and from drawing, pouring or mixing any alcoholic liquor in any licensed retail premises; and to establish such further regulations and restrictions upon the issuance of and operations under local licenses not inconsistent with law as the public good and convenience may require; and to provide penalties for the violation of regulations and restrictions, including those made by county boards, relative to operation under local licenses; provided, however, that in the exercise of any of the powers granted in this section, the issuance of such licenses shall not be prohibited except for reasons specifically enumerated in Sections 6-2, 6-11, 6-12 and 6-25 of this Act.
    However, in any municipality with a population exceeding 1,000,000 that has adopted the form of government authorized under "An Act concerning cities, villages, and incorporated towns, and to repeal certain Acts herein named", approved August 15, 1941, as amended, no person shall be granted any license or privilege to sell alcoholic liquors between the hours of two o'clock a.m. and seven o'clock a.m. on week days unless such person has given at least 14 days prior written notice to the alderman of the ward in which such person's licensed premises are located stating his intention to make application for such license or privilege and unless evidence confirming service of such written notice is included in such application. Any license or privilege granted in violation of this paragraph shall be null and void.
(Source: P.A. 99-46, eff. 7-15-15.)

235 ILCS 5/4-2

    (235 ILCS 5/4-2) (from Ch. 43, par. 111)
    Sec. 4-2. The mayor or president of the board of trustees of each city, village or incorporated town or his or her designee, and the president or chairman of the county board or his or her designee, shall be the local liquor control commissioner for their respective cities, villages, incorporated towns and counties, and shall be charged with the administration in their respective jurisdictions of the appropriate provisions of this Act and of such ordinances and resolutions relating to alcoholic liquor as may be enacted; but the authority of the president or chairman of the county board or his or her designee shall extend only to that area in any county which lies outside the corporate limits of the cities, villages and incorporated towns therein and those areas which are owned by the county and are within the corporate limits of the cities, villages and incorporated towns with a population of less than 1,000,000, however, such county shall comply with the operating rules of the municipal ordinances affected when issuing their own licenses.
    However, such mayor, president of the board of trustees or president or chairman of the county board or his or her designee may appoint a person or persons to assist him in the exercise of the powers and the performance of the duties herein provided for such local liquor control commissioner.
    Notwithstanding any other provision of this Section to the contrary, the mayor of a city with a population of 55,000 or less or the president of a village with a population of 55,000 or less that has an interest in the manufacture, sale, or distribution of alcoholic liquor must direct the council or board over which he or she presides to appoint, by majority vote, a person other than him or her to serve as the local liquor control commissioner. The appointment must be made within 30 days from the day on which the mayor or president takes office, and the mayor or president cannot make nominations or serve any other role in the appointment. To prevent any conflict of interest, the mayor or president with the interest in the manufacture, sale, or distribution of alcoholic liquor shall not participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor. Further, the appointee (i) shall be an attorney with an active license to practice law in the State of Illinois, (ii) shall not legally represent liquor license applicants or holders before the jurisdiction over which he or she presides as local liquor control commissioner or before an adjacent jurisdiction, (iii) shall not have an interest in the manufacture, sale, or distribution of alcoholic liquor, and (iv) shall not be appointed to a term to exceed the term of the mayor, president, or members of the council or board.
(Source: P.A. 97-1059, eff. 8-24-12; 98-10, eff. 5-6-13.)

235 ILCS 5/4-3

    (235 ILCS 5/4-3) (from Ch. 43, par. 111a)
    Sec. 4-3. The city council of each city and the president and board of trustees of each village and incorporated town and the county board are authorized to fix and pay compensation to the local liquor control commissioner of the particular city, village, incorporated town or county, as the case may be, and compensation to such deputies, assistants or employees as may be deemed necessary for the proper performance of the duties vested in him.
(Source: P.A. 82-783.)

235 ILCS 5/4-4

    (235 ILCS 5/4-4) (from Ch. 43, par. 112)
    Sec. 4-4. Each local liquor control commissioner shall also have the following powers, functions and duties with respect to licenses, other than licenses to manufacturers, importing distributors, distributors, foreign importers, non-resident dealers, non-beverage users, brokers, railroads, airplanes and boats.
        1. To grant and or suspend for not more than thirty
    
days or revoke for cause all local licenses issued to persons for premises within his jurisdiction;
        2. To enter or to authorize any law enforcing officer
    
to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this Act or any rules or regulations adopted by him or by the State Commission have been or are being violated, and at such time to examine said premises of said licensee in connection therewith;
        3. To notify the Secretary of State where a club
    
incorporated under the General Not for Profit Corporation Act of 1986 or a foreign corporation functioning as a club in this State under a certificate of authority issued under that Act has violated this Act by selling or offering for sale at retail alcoholic liquors without a retailer's license;
        4. To receive complaint from any citizen within his
    
jurisdiction that any of the provisions of this Act, or any rules or regulations adopted pursuant hereto, have been or are being violated and to act upon such complaints in the manner hereinafter provided;
        5. To receive local license fees and pay the same
    
forthwith to the city, village, town or county treasurer as the case may be.
    Each local liquor commissioner also has the duty to notify the Secretary of State of any convictions or dispositions of court supervision for a violation of Section 6-20 of this Act or a similar provision of a local ordinance.
    In counties and municipalities, the local liquor control commissioners shall also have the power to levy fines in accordance with Section 7-5 of this Act.
(Source: P.A. 95-166, eff. 1-1-08.)

235 ILCS 5/4-5

    (235 ILCS 5/4-5) (from Ch. 43, par. 113)
    Sec. 4-5. The local liquor control commissioner shall have the right to examine, or cause to be examined, under oath, any applicant for a local license or for a renewal thereof, or any licensee upon whom notice of revocation or suspension has been served in the manner hereinafter provided, and to examine or cause to be examined, the books and records of any such applicant or licensee; to hear testimony and take proof for his information in the performance of his duties, and for such purpose to issue subpoenas which shall be effective in any part of this State. For the purpose of obtaining any of the information desired by the local liquor control commissioner under this section, he may authorize his agent to act on his behalf.
(Source: P.A. 82-783.)

235 ILCS 5/4-6

    (235 ILCS 5/4-6) (from Ch. 43, par. 114)
    Sec. 4-6. When, in this Act, the local liquor control commissioner shall be referred to, it shall include any committee or other agency appointed by such local liquor control commissioner.
(Source: P.A. 82-783.)

235 ILCS 5/4-7

    (235 ILCS 5/4-7) (from Ch. 43, par. 114a)
    Sec. 4-7. The local liquor control commissioner shall have the right to require fingerprints of any applicant for a local license or for a renewal thereof other than an applicant who is an air carrier operating under a certificate or a foreign air permit issued pursuant to the Federal Aviation Act of 1958. Each applicant shall submit his or her fingerprints to the Department of State Police in the form and manner prescribed by the Department of State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Department of State Police and Federal Bureau of Investigation criminal history records databases. The Department of State Police shall charge a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The Department of State Police shall furnish pursuant to positive identification, records of conviction to the local liquor control commissioner. For purposes of obtaining fingerprints under this Section, the local liquor commissioner shall collect a fee and forward the fee to the appropriate policing body who shall submit the fingerprints and the fee to the Illinois Department of State Police.
(Source: P.A. 93-418, eff. 1-1-04.)

235 ILCS 5/Art. V

 
    (235 ILCS 5/Art. V heading)
ARTICLE V. LICENSES

235 ILCS 5/5-1

    (235 ILCS 5/5-1) (from Ch. 43, par. 115)
    Sec. 5-1. Licenses issued by the Illinois Liquor Control Commission shall be of the following classes:
    (a) Manufacturer's license - Class 1. Distiller, Class 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6. First Class Winemaker, Class 7. Second Class Winemaker, Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller, Class 10. Class 1 Brewer, Class 11. Class 2 Brewer,
    (b) Distributor's license,
    (c) Importing Distributor's license,
    (d) Retailer's license,
    (e) Special Event Retailer's license (not-for-profit),
    (f) Railroad license,
    (g) Boat license,
    (h) Non-Beverage User's license,
    (i) Wine-maker's premises license,
    (j) Airplane license,
    (k) Foreign importer's license,
    (l) Broker's license,
    (m) Non-resident dealer's license,
    (n) Brew Pub license,
    (o) Auction liquor license,
    (p) Caterer retailer license,
    (q) Special use permit license,
    (r) Winery shipper's license.
    No person, firm, partnership, corporation, or other legal business entity that is engaged in the manufacturing of wine may concurrently obtain and hold a wine-maker's license and a wine manufacturer's license.
    (a) A manufacturer's license shall allow the manufacture, importation in bulk, storage, distribution and sale of alcoholic liquor to persons without the State, as may be permitted by law and to licensees in this State as follows:
    Class 1. A Distiller may make sales and deliveries of alcoholic liquor to distillers, rectifiers, importing distributors, distributors and non-beverage users and to no other licensees.
    Class 2. A Rectifier, who is not a distiller, as defined herein, may make sales and deliveries of alcoholic liquor to rectifiers, importing distributors, distributors, retailers and non-beverage users and to no other licensees.
    Class 3. A Brewer may make sales and deliveries of beer to importing distributors and distributors and may make sales as authorized under subsection (e) of Section 6-4 of this Act.
    Class 4. A first class wine-manufacturer may make sales and deliveries of up to 50,000 gallons of wine to manufacturers, importing distributors and distributors, and to no other licensees.
    Class 5. A second class Wine manufacturer may make sales and deliveries of more than 50,000 gallons of wine to manufacturers, importing distributors and distributors and to no other licensees.
    Class 6. A first-class wine-maker's license shall allow the manufacture of up to 50,000 gallons of wine per year, and the storage and sale of such wine to distributors in the State and to persons without the State, as may be permitted by law. A person who, prior to the effective date of this amendatory Act of the 95th General Assembly, is a holder of a first-class wine-maker's license and annually produces more than 25,000 gallons of its own wine and who distributes its wine to licensed retailers shall cease this practice on or before July 1, 2008 in compliance with this amendatory Act of the 95th General Assembly.
    Class 7. A second-class wine-maker's license shall allow the manufacture of between 50,000 and 150,000 gallons of wine per year, and the storage and sale of such wine to distributors in this State and to persons without the State, as may be permitted by law. A person who, prior to the effective date of this amendatory Act of the 95th General Assembly, is a holder of a second-class wine-maker's license and annually produces more than 25,000 gallons of its own wine and who distributes its wine to licensed retailers shall cease this practice on or before July 1, 2008 in compliance with this amendatory Act of the 95th General Assembly.
    Class 8. A limited wine-manufacturer may make sales and deliveries not to exceed 40,000 gallons of wine per year to distributors, and to non-licensees in accordance with the provisions of this Act.
    Class 9. A craft distiller license shall allow the manufacture of up to 30,000 gallons of spirits by distillation for one year after the effective date of this amendatory Act of the 97th General Assembly and up to 35,000 gallons of spirits by distillation per year thereafter and the storage of such spirits. If a craft distiller licensee is not affiliated with any other manufacturer, then the craft distiller licensee may sell such spirits to distributors in this State and up to 2,500 gallons of such spirits to non-licensees to the extent permitted by any exemption approved by the Commission pursuant to Section 6-4 of this Act.
    Any craft distiller licensed under this Act who on the effective date of this amendatory Act of the 96th General Assembly was licensed as a distiller and manufactured no more spirits than permitted by this Section shall not be required to pay the initial licensing fee.
    Class 10. A class 1 brewer license, which may only be issued to a licensed brewer or licensed non-resident dealer, shall allow the manufacture of up to 930,000 gallons of beer per year provided that the class 1 brewer licensee does not manufacture more than a combined 930,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year or any other alcoholic liquor. A class 1 brewer licensee may make sales and deliveries to importing distributors and distributors and to retail licensees in accordance with the conditions set forth in paragraph (18) of subsection (a) of Section 3-12 of this Act.
    Class 11. A class 2 brewer license, which may only be issued to a licensed brewer or licensed non-resident dealer, shall allow the manufacture of up to 3,720,000 gallons of beer per year provided that the class 2 brewer licensee does not manufacture more than a combined 3,720,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year or any other alcoholic liquor. A class 2 brewer licensee may make sales and deliveries to importing distributors and distributors, but shall not make sales or deliveries to any other licensee. If the State Commission provides prior approval, a class 2 brewer licensee may annually transfer up to 3,720,000 gallons of beer manufactured by that class 2 brewer licensee to the premises of a licensed class 2 brewer wholly owned and operated by the same licensee.
    (a-1) A manufacturer which is licensed in this State to make sales or deliveries of alcoholic liquor to licensed distributors or importing distributors and which enlists agents, representatives, or individuals acting on its behalf who contact licensed retailers on a regular and continual basis in this State must register those agents, representatives, or persons acting on its behalf with the State Commission.
    Registration of agents, representatives, or persons acting on behalf of a manufacturer is fulfilled by submitting a form to the Commission. The form shall be developed by the Commission and shall include the name and address of the applicant, the name and address of the manufacturer he or she represents, the territory or areas assigned to sell to or discuss pricing terms of alcoholic liquor, and any other questions deemed appropriate and necessary. All statements in the forms required to be made by law or by rule shall be deemed material, and any person who knowingly misstates any material fact under oath in an application is guilty of a Class B misdemeanor. Fraud, misrepresentation, false statements, misleading statements, evasions, or suppression of material facts in the securing of a registration are grounds for suspension or revocation of the registration. The State Commission shall post a list of registered agents on the Commission's website.
    (b) A distributor's license shall allow the wholesale purchase and storage of alcoholic liquors and sale of alcoholic liquors to licensees in this State and to persons without the State, as may be permitted by law.
    (c) An importing distributor's license may be issued to and held by those only who are duly licensed distributors, upon the filing of an application by a duly licensed distributor, with the Commission and the Commission shall, without the payment of any fee, immediately issue such importing distributor's license to the applicant, which shall allow the importation of alcoholic liquor by the licensee into this State from any point in the United States outside this State, and the purchase of alcoholic liquor in barrels, casks or other bulk containers and the bottling of such alcoholic liquors before resale thereof, but all bottles or containers so filled shall be sealed, labeled, stamped and otherwise made to comply with all provisions, rules and regulations governing manufacturers in the preparation and bottling of alcoholic liquors. The importing distributor's license shall permit such licensee to purchase alcoholic liquor from Illinois licensed non-resident dealers and foreign importers only.
    (d) A retailer's license shall allow the licensee to sell and offer for sale at retail, only in the premises specified in the license, alcoholic liquor for use or consumption, but not for resale in any form. Nothing in this amendatory Act of the 95th General Assembly shall deny, limit, remove, or restrict the ability of a holder of a retailer's license to transfer, deliver, or ship alcoholic liquor to the purchaser for use or consumption subject to any applicable local law or ordinance. Any retail license issued to a manufacturer shall only permit the manufacturer to sell beer at retail on the premises actually occupied by the manufacturer. For the purpose of further describing the type of business conducted at a retail licensed premises, a retailer's licensee may be designated by the State Commission as (i) an on premise consumption retailer, (ii) an off premise sale retailer, or (iii) a combined on premise consumption and off premise sale retailer.
    Notwithstanding any other provision of this subsection (d), a retail licensee may sell alcoholic liquors to a special event retailer licensee for resale to the extent permitted under subsection (e).
    (e) A special event retailer's license (not-for-profit) shall permit the licensee to purchase alcoholic liquors from an Illinois licensed distributor (unless the licensee purchases less than $500 of alcoholic liquors for the special event, in which case the licensee may purchase the alcoholic liquors from a licensed retailer) and shall allow the licensee to sell and offer for sale, at retail, alcoholic liquors for use or consumption, but not for resale in any form and only at the location and on the specific dates designated for the special event in the license. An applicant for a special event retailer license must (i) furnish with the application: (A) a resale number issued under Section 2c of the Retailers' Occupation Tax Act or evidence that the applicant is registered under Section 2a of the Retailers' Occupation Tax Act, (B) a current, valid exemption identification number issued under Section 1g of the Retailers' Occupation Tax Act, and a certification to the Commission that the purchase of alcoholic liquors will be a tax-exempt purchase, or (C) a statement that the applicant is not registered under Section 2a of the Retailers' Occupation Tax Act, does not hold a resale number under Section 2c of the Retailers' Occupation Tax Act, and does not hold an exemption number under Section 1g of the Retailers' Occupation Tax Act, in which event the Commission shall set forth on the special event retailer's license a statement to that effect; (ii) submit with the application proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance in the maximum limits; and (iii) show proof satisfactory to the State Commission that the applicant has obtained local authority approval.
    (f) A railroad license shall permit the licensee to import alcoholic liquors into this State from any point in the United States outside this State and to store such alcoholic liquors in this State; to make wholesale purchases of alcoholic liquors directly from manufacturers, foreign importers, distributors and importing distributors from within or outside this State; and to store such alcoholic liquors in this State; provided that the above powers may be exercised only in connection with the importation, purchase or storage of alcoholic liquors to be sold or dispensed on a club, buffet, lounge or dining car operated on an electric, gas or steam railway in this State; and provided further, that railroad licensees exercising the above powers shall be subject to all provisions of Article VIII of this Act as applied to importing distributors. A railroad license shall also permit the licensee to sell or dispense alcoholic liquors on any club, buffet, lounge or dining car operated on an electric, gas or steam railway regularly operated by a common carrier in this State, but shall not permit the sale for resale of any alcoholic liquors to any licensee within this State. A license shall be obtained for each car in which such sales are made.
    (g) A boat license shall allow the sale of alcoholic liquor in individual drinks, on any passenger boat regularly operated as a common carrier on navigable waters in this State or on any riverboat operated under the Riverboat Gambling Act, which boat or riverboat maintains a public dining room or restaurant thereon.
    (h) A non-beverage user's license shall allow the licensee to purchase alcoholic liquor from a licensed manufacturer or importing distributor, without the imposition of any tax upon the business of such licensed manufacturer or importing distributor as to such alcoholic liquor to be used by such licensee solely for the non-beverage purposes set forth in subsection (a) of Section 8-1 of this Act, and such licenses shall be divided and classified and shall permit the purchase, possession and use of limited and stated quantities of alcoholic liquor as follows:
Class 1, not to exceed ........................... 500 gallons
Class 2, not to exceed ......................... 1,000 gallons
Class 3, not to exceed ......................... 5,000 gallons
Class 4, not to exceed ........................ 10,000 gallons
Class 5, not to exceed ........................ 50,000 gallons
    (i) A wine-maker's premises license shall allow a licensee that concurrently holds a first-class wine-maker's license to sell and offer for sale at retail in the premises specified in such license not more than 50,000 gallons of the first-class wine-maker's wine that is made at the first-class wine-maker's licensed premises per year for use or consumption, but not for resale in any form. A wine-maker's premises license shall allow a licensee who concurrently holds a second-class wine-maker's license to sell and offer for sale at retail in the premises specified in such license up to 100,000 gallons of the second-class wine-maker's wine that is made at the second-class wine-maker's licensed premises per year for use or consumption but not for resale in any form. A wine-maker's premises license shall allow a licensee that concurrently holds a first-class wine-maker's license or a second-class wine-maker's license to sell and offer for sale at retail at the premises specified in the wine-maker's premises license, for use or consumption but not for resale in any form, any beer, wine, and spirits purchased from a licensed distributor. Upon approval from the State Commission, a wine-maker's premises license shall allow the licensee to sell and offer for sale at (i) the wine-maker's licensed premises and (ii) at up to 2 additional locations for use and consumption and not for resale. Each location shall require additional licensing per location as specified in Section 5-3 of this Act. A wine-maker's premises licensee shall secure liquor liability insurance coverage in an amount at least equal to the maximum liability amounts set forth in subsection (a) of Section 6-21 of this Act.
    (j) An airplane license shall permit the licensee to import alcoholic liquors into this State from any point in the United States outside this State and to store such alcoholic liquors in this State; to make wholesale purchases of alcoholic liquors directly from manufacturers, foreign importers, distributors and importing distributors from within or outside this State; and to store such alcoholic liquors in this State; provided that the above powers may be exercised only in connection with the importation, purchase or storage of alcoholic liquors to be sold or dispensed on an airplane; and provided further, that airplane licensees exercising the above powers shall be subject to all provisions of Article VIII of this Act as applied to importing distributors. An airplane licensee shall also permit the sale or dispensing of alcoholic liquors on any passenger airplane regularly operated by a common carrier in this State, but shall not permit the sale for resale of any alcoholic liquors to any licensee within this State. A single airplane license shall be required of an airline company if liquor service is provided on board aircraft in this State. The annual fee for such license shall be as determined in Section 5-3.
    (k) A foreign importer's license shall permit such licensee to purchase alcoholic liquor from Illinois licensed non-resident dealers only, and to import alcoholic liquor other than in bulk from any point outside the United States and to sell such alcoholic liquor to Illinois licensed importing distributors and to no one else in Illinois; provided that (i) the foreign importer registers with the State Commission every brand of alcoholic liquor that it proposes to sell to Illinois licensees during the license period, (ii) the foreign importer complies with all of the provisions of Section 6-9 of this Act with respect to registration of such Illinois licensees as may be granted the right to sell such brands at wholesale, and (iii) the foreign importer complies with the provisions of Sections 6-5 and 6-6 of this Act to the same extent that these provisions apply to manufacturers.
    (l) (i) A broker's license shall be required of all persons who solicit orders for, offer to sell or offer to supply alcoholic liquor to retailers in the State of Illinois, or who offer to retailers to ship or cause to be shipped or to make contact with distillers, rectifiers, brewers or manufacturers or any other party within or without the State of Illinois in order that alcoholic liquors be shipped to a distributor, importing distributor or foreign importer, whether such solicitation or offer is consummated within or without the State of Illinois.
    No holder of a retailer's license issued by the Illinois Liquor Control Commission shall purchase or receive any alcoholic liquor, the order for which was solicited or offered for sale to such retailer by a broker unless the broker is the holder of a valid broker's license.
    The broker shall, upon the acceptance by a retailer of the broker's solicitation of an order or offer to sell or supply or deliver or have delivered alcoholic liquors, promptly forward to the Illinois Liquor Control Commission a notification of said transaction in such form as the Commission may by regulations prescribe.
    (ii) A broker's license shall be required of a person within this State, other than a retail licensee, who, for a fee or commission, promotes, solicits, or accepts orders for alcoholic liquor, for use or consumption and not for resale, to be shipped from this State and delivered to residents outside of this State by an express company, common carrier, or contract carrier. This Section does not apply to any person who promotes, solicits, or accepts orders for wine as specifically authorized in Section 6-29 of this Act.
    A broker's license under this subsection (l) shall not entitle the holder to buy or sell any alcoholic liquors for his own account or to take or deliver title to such alcoholic liquors.
    This subsection (l) shall not apply to distributors, employees of distributors, or employees of a manufacturer who has registered the trademark, brand or name of the alcoholic liquor pursuant to Section 6-9 of this Act, and who regularly sells such alcoholic liquor in the State of Illinois only to its registrants thereunder.
    Any agent, representative, or person subject to registration pursuant to subsection (a-1) of this Section shall not be eligible to receive a broker's license.
    (m) A non-resident dealer's license shall permit such licensee to ship into and warehouse alcoholic liquor into this State from any point outside of this State, and to sell such alcoholic liquor to Illinois licensed foreign importers and importing distributors and to no one else in this State; provided that (i) said non-resident dealer shall register with the Illinois Liquor Control Commission each and every brand of alcoholic liquor which it proposes to sell to Illinois licensees during the license period, (ii) it shall comply with all of the provisions of Section 6-9 hereof with respect to registration of such Illinois licensees as may be granted the right to sell such brands at wholesale, and (iii) the non-resident dealer shall comply with the provisions of Sections 6-5 and 6-6 of this Act to the same extent that these provisions apply to manufacturers.
    (n) A brew pub license shall allow the licensee to only (i) manufacture up to 155,000 gallons of beer per year only on the premises specified in the license, (ii) make sales of the beer manufactured on the premises or, with the approval of the Commission, beer manufactured on another brew pub licensed premises that is wholly owned and operated by the same licensee to importing distributors, distributors, and to non-licensees for use and consumption, (iii) store the beer upon the premises, (iv) sell and offer for sale at retail from the licensed premises for off-premises consumption no more than 155,000 gallons per year so long as such sales are only made in-person, (v) sell and offer for sale at retail for use and consumption on the premises specified in the license any form of alcoholic liquor purchased from a licensed distributor or importing distributor, and (vi) with the prior approval of the Commission, annually transfer no more than 155,000 gallons of beer manufactured on the premises to a licensed brew pub wholly owned and operated by the same licensee.
    A brew pub licensee shall not under any circumstance sell or offer for sale beer manufactured by the brew pub licensee to retail licensees.
    A person who holds a class 2 brewer license may simultaneously hold a brew pub license if the class 2 brewer (i) does not, under any circumstance, sell or offer for sale beer manufactured by the class 2 brewer to retail licensees; (ii) does not hold more than 3 brew pub licenses in this State; (iii) does not manufacture more than a combined 3,720,000 gallons of beer per year, including the beer manufactured at the brew pub; and (iv) is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year or any other alcoholic liquor.
    Notwithstanding any other provision of this Act, a licensed brewer, class 2 brewer, or non-resident dealer who before July 1, 2015 manufactured less than than 3,720,000 gallons of beer per year and held a brew pub license on or before July 1, 2015 may (i) continue to qualify for and hold that brew pub license for the licensed premises and (ii) manufacture more than 3,720,000 gallons of beer per year and continue to qualify for and hold that brew pub license if that brewer, class 2 brewer, or non-resident dealer does not simultaneously hold a class 1 brewer license and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year or that produces any other alcoholic liquor.
    (o) A caterer retailer license shall allow the holder to serve alcoholic liquors as an incidental part of a food service that serves prepared meals which excludes the serving of snacks as the primary meal, either on or off-site whether licensed or unlicensed.
    (p) An auction liquor license shall allow the licensee to sell and offer for sale at auction wine and spirits for use or consumption, or for resale by an Illinois liquor licensee in accordance with provisions of this Act. An auction liquor license will be issued to a person and it will permit the auction liquor licensee to hold the auction anywhere in the State. An auction liquor license must be obtained for each auction at least 14 days in advance of the auction date.
    (q) A special use permit license shall allow an Illinois licensed retailer to transfer a portion of its alcoholic liquor inventory from its retail licensed premises to the premises specified in the license hereby created, and to sell or offer for sale at retail, only in the premises specified in the license hereby created, the transferred alcoholic liquor for use or consumption, but not for resale in any form. A special use permit license may be granted for the following time periods: one day or less; 2 or more days to a maximum of 15 days per location in any 12 month period. An applicant for the special use permit license must also submit with the application proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance to the maximum limits and have local authority approval.
    (r) A winery shipper's license shall allow a person with a first-class or second-class wine manufacturer's license, a first-class or second-class wine-maker's license, or a limited wine manufacturer's license or who is licensed to make wine under the laws of another state to ship wine made by that licensee directly to a resident of this State who is 21 years of age or older for that resident's personal use and not for resale. Prior to receiving a winery shipper's license, an applicant for the license must provide the Commission with a true copy of its current license in any state in which it is licensed as a manufacturer of wine. An applicant for a winery shipper's license must also complete an application form that provides any other information the Commission deems necessary. The application form shall include an acknowledgement consenting to the jurisdiction of the Commission, the Illinois Department of Revenue, and the courts of this State concerning the enforcement of this Act and any related laws, rules, and regulations, including authorizing the Department of Revenue and the Commission to conduct audits for the purpose of ensuring compliance with this amendatory Act.
    A winery shipper licensee must pay to the Department of Revenue the State liquor gallonage tax under Section 8-1 for all wine that is sold by the licensee and shipped to a person in this State. For the purposes of Section 8-1, a winery shipper licensee shall be taxed in the same manner as a manufacturer of wine. A licensee who is not otherwise required to register under the Retailers' Occupation Tax Act must register under the Use Tax Act to collect and remit use tax to the Department of Revenue for all gallons of wine that are sold by the licensee and shipped to persons in this State. If a licensee fails to remit the tax imposed under this Act in accordance with the provisions of Article VIII of this Act, the winery shipper's license shall be revoked in accordance with the provisions of Article VII of this Act. If a licensee fails to properly register and remit tax under the Use Tax Act or the Retailers' Occupation Tax Act for all wine that is sold by the winery shipper and shipped to persons in this State, the winery shipper's license shall be revoked in accordance with the provisions of Article VII of this Act.
    A winery shipper licensee must collect, maintain, and submit to the Commission on a semi-annual basis the total number of cases per resident of wine shipped to residents of this State. A winery shipper licensed under this subsection (r) must comply with the requirements of Section 6-29 of this amendatory Act.
    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of Section 3-12, the State Commission may receive, respond to, and investigate any complaint and impose any of the remedies specified in paragraph (1) of subsection (a) of Section 3-12.
(Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13; 98-756, eff. 7-16-14; 99-448, eff. 8-24-15.)

235 ILCS 5/5-2

    (235 ILCS 5/5-2) (from Ch. 43, par. 117)
    Sec. 5-2. All licenses, except a non-beverage user's, a special use permit, and a special event retailer's license, issued by the State Commission, shall be valid from the date of issuance through the last day of the eleventh month that begins after the month in which the license is issued unless sooner revoked or suspended as provided in this Act. A non-beverage user's license shall expire only when the quantity of alcoholic liquor which may be purchased under it has been exhausted. A special use permit license and a special event retailer's license (not-for-profit) shall be issued for a specific time period, not to exceed 15 days per licensee per location in any 12 month period. Licenses shall state thereon the class to which they belong, the names of the licensees and the addresses and description of the premises for which they are granted, or in the case of caterer retailers, auctions, railroads, airplanes and boats, a designation thereof by number or name; and shall state the dates of their issuance and expiration.
(Source: P.A. 93-627, eff. 6-1-04.)

235 ILCS 5/5-3

    (235 ILCS 5/5-3) (from Ch. 43, par. 118)
    Sec. 5-3. License fees. Except as otherwise provided herein, at the time application is made to the State Commission for a license of any class, the applicant shall pay to the State Commission the fee hereinafter provided for the kind of license applied for.
    The fee for licenses issued by the State Commission shall be as follows:
    For a manufacturer's license:
    Class 1. Distiller ...................$3,600
    Class 2. Rectifier ...................3,600
    Class 3. Brewer .....................900
    Class 4. First-class Wine Manufacturer ......600
    Class 5. Second-class
        Wine Manufacturer .................1,200
    Class 6. First-class wine-maker ..........600
    Class 7. Second-class wine-maker ..........1200
    Class 8. Limited Wine Manufacturer.........120
    Class 9. Craft Distiller................ 1,800
    Class 10. Class 1 Brewer................25
    Class 11. Class 2 Brewer................ 25
    For a Brew Pub License ................1,050
    For a caterer retailer's license..........200
    For a foreign importer's license ..........25
    For an importing distributor's license ......25
    For a distributor's license .............270
    For a non-resident dealer's license
        (500,000 gallons or over) ............270
    For a non-resident dealer's license
        (under 500,000 gallons) .............90
    For a wine-maker's premises license ........100
    For a winery shipper's license
        (under 250,000 gallons)..............150
    For a winery shipper's license
        (250,000 or over, but under 500,000 gallons).500
    For a winery shipper's license
        (500,000 gallons or over)............1,000
    For a wine-maker's premises license,
        second location ..................350
    For a wine-maker's premises license,
        third location ...................350
    For a retailer's license ...............500
    For a special event retailer's license,
        (not-for-profit) ..................25
    For a special use permit license,
        one day only ....................50
        2 days or more ...................100
    For a railroad license ................60
    For a boat license ...................180
    For an airplane license, times the
        licensee's maximum number of aircraft
        in flight, serving liquor over the
        State at any given time, which either
        originate, terminate, or make
        an intermediate stop in the State ......60
    For a non-beverage user's license:
        Class 1 .......................24
        Class 2 .......................60
        Class 3 .......................120
        Class 4 .......................240
        Class 5 .......................600
    For a broker's license ................600
    For an auction liquor license ............50
    For a homebrewer special event permit....... 25
    Fees collected under this Section shall be paid into the Dram Shop Fund. On and after July 1, 2003, of the funds received for a retailer's license, in addition to the first $175, an additional $75 shall be paid into the Dram Shop Fund, and $250 shall be paid into the General Revenue Fund. Beginning June 30, 1990 and on June 30 of each subsequent year through June 29, 2003, any balance over $5,000,000 remaining in the Dram Shop Fund shall be credited to State liquor licensees and applied against their fees for State liquor licenses for the following year. The amount credited to each licensee shall be a proportion of the balance in the Dram Fund that is the same as the proportion of the license fee paid by the licensee under this Section for the period in which the balance was accumulated to the aggregate fees paid by all licensees during that period.
    No fee shall be paid for licenses issued by the State Commission to the following non-beverage users:
        (a) Hospitals, sanitariums, or clinics when their use
    
of alcoholic liquor is exclusively medicinal, mechanical or scientific.
        (b) Universities, colleges of learning or schools
    
when their use of alcoholic liquor is exclusively medicinal, mechanical or scientific.
        (c) Laboratories when their use is exclusively for
    
the purpose of scientific research.
(Source: P.A. 98-55, eff. 7-5-13; 99-448, eff. 8-24-15.)

235 ILCS 5/5-4

    (235 ILCS 5/5-4) (from Ch. 43, par. 118.1)
    Sec. 5-4. Duplicate license; fee. In the event of the loss or destruction of a license issued pursuant to this Article the State Commission, upon written application stating such fact and accompanied by the required fee, shall issue a duplicate of such license. A duplicate license must also be obtained if a licensee is transferring a license pursuant to Section 7-14. The fee for the issuance of a duplicate license shall be $12 if the original license fee was $200 or less, and $24 if the original license fee was more than $200.
(Source: P.A. 88-91; 89-250, eff. 1-1-96.)

235 ILCS 5/5-5

    (235 ILCS 5/5-5)
    Sec. 5-5. Late filing fees. In the event that a liquor license holder fails to submit a license renewal application to the Commission before or on the expiration date of the current license, the licensee will be assessed a late filing fee of $25. Late applications and instruments of payment will be returned to the licensee. Late filing fees will be in addition to any fines or penalties ordered for operating without a valid license.
(Source: P.A. 88-91.)

235 ILCS 5/5-6

    (235 ILCS 5/5-6)
    Sec. 5-6. FDA grant funds. Grant funds received from the Food and Drug Administration of the U.S. Department of Health and Human Services for conducting unannounced investigations of Illinois tobacco vendors shall be deposited into the Dram Shop Fund.
(Source: P.A. 90-9, eff. 7-1-97.)

235 ILCS 5/Art. VI

 
    (235 ILCS 5/Art. VI heading)
ARTICLE VI. GENERAL PROVISIONS

235 ILCS 5/6-1

    (235 ILCS 5/6-1) (from Ch. 43, par. 119)
    Sec. 6-1. Privilege granted by license; nature as to property; transferability; tax delinquencies. A license shall be purely a personal privilege, good for not to exceed one year after issuance, except a non-beverage user's license, unless sooner revoked as in this Act provided, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, provided that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale or manufacture of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy until the expiration of such license but not longer than six months after the death, bankruptcy or insolvency of such licensee. Except in the case of a non-beverage user's license, a refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this paragraph.
    Any licensee may renew his license at the expiration thereof, provided he is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purpose; and provided further that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the city council or village president and board of trustees or county board, as the case may be, from decreasing the number of licenses to be issued within its jurisdiction. No retailer's license shall be renewed if the Department of Revenue has reported to the Illinois Liquor Control Commission that such retailer is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois until the applicant is issued a certificate by the Department of Revenue stating that all delinquent returns or amounts owed have been paid by guaranteed remittance or the payment agreement to pay all amounts owed has been accepted by the Department. No retailer's license issued by a local liquor control commissioner shall be renewed unless the applicant provides documentation that any tax owed to (i) the municipality in which the applicant is located (in the case of a license issued by the mayor or president of the board of trustees of a city, village or incorporated town acting as local liquor control commissioner) or (ii) the county in which the applicant is located (in the case of a license issued by the president or chairman of a county board acting as local liquor control commissioner) by the applicant has been satisfied by payment in the form of a cashier's check, certified check, money order, or cash.
    A negotiable instrument received as payment for a license fee, transfer fee, late fee, offer in compromise, pre-disciplinary conference settlement, or fine imposed by order that is dishonored on presentation shall not be considered payment and shall be cause for disciplinary action.
(Source: P.A. 91-357, eff. 7-29-99.)

235 ILCS 5/6-1.5

    (235 ILCS 5/6-1.5)
    Sec. 6-1.5. Three-tier regulatory system; public policy and rule of statutory construction. The General Assembly hereby restates that it is the policy of this State that the primary purpose of this Act is to protect the health, safety, and welfare of this State through the sound and careful control and regulation of the manufacture, distribution, and sale of alcoholic liquor through a 3-tier regulatory system. To ensure and maintain a 3-tier regulatory system, the General Assembly finds that it is the obligation and duty of the State Commission to construe the provisions of this Act in a manner that conforms to State policy and this Act's primary purpose as articulated in this Section and to exercise its statutory authority in a manner consistent with that purpose whether or not the provisions of this Act are unambiguous or capable of one or more reasonable constructions.
(Source: P.A. 98-21, eff. 6-13-13.)

235 ILCS 5/6-2

    (235 ILCS 5/6-2) (from Ch. 43, par. 120)
    Sec. 6-2. Issuance of licenses to certain persons prohibited.
    (a) Except as otherwise provided in subsection (b) of this Section and in paragraph (1) of subsection (a) of Section 3-12, no license of any kind issued by the State Commission or any local commission shall be issued to:
        (1) A person who is not a resident of any city,
    
village or county in which the premises covered by the license are located; except in case of railroad or boat licenses.
        (2) A person who is not of good character and
    
reputation in the community in which he resides.
        (3) A person who is not a citizen of the United
    
States.
        (4) A person who has been convicted of a felony under
    
any Federal or State law, unless the Commission determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person's application and the Commission's investigation. The burden of proof of sufficient rehabilitation shall be on the applicant.
        (5) A person who has been convicted of keeping a
    
place of prostitution or keeping a place of juvenile prostitution, promoting prostitution that involves keeping a place of prostitution, or promoting juvenile prostitution that involves keeping a place of juvenile prostitution.
        (6) A person who has been convicted of pandering or
    
other crime or misdemeanor opposed to decency and morality.
        (7) A person whose license issued under this Act has
    
been revoked for cause.
        (8) A person who at the time of application for
    
renewal of any license issued hereunder would not be eligible for such license upon a first application.
        (9) A copartnership, if any general partnership
    
thereof, or any limited partnership thereof, owning more than 5% of the aggregate limited partner interest in such copartnership would not be eligible to receive a license hereunder for any reason other than residence within the political subdivision, unless residency is required by local ordinance.
        (10) A corporation or limited liability company, if
    
any member, officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the political subdivision.
        (10a) A corporation or limited liability company
    
unless it is incorporated or organized in Illinois, or unless it is a foreign corporation or foreign limited liability company which is qualified under the Business Corporation Act of 1983 or the Limited Liability Company Act to transact business in Illinois. The Commission shall permit and accept from an applicant for a license under this Act proof prepared from the Secretary of State's website that the corporation or limited liability company is in good standing and is qualified under the Business Corporation Act of 1983 or the Limited Liability Company Act to transact business in Illinois.
        (11) A person whose place of business is conducted by
    
a manager or agent unless the manager or agent possesses the same qualifications required by the licensee.
        (12) A person who has been convicted of a violation
    
of any Federal or State law concerning the manufacture, possession or sale of alcoholic liquor, subsequent to the passage of this Act or has forfeited his bond to appear in court to answer charges for any such violation.
        (13) A person who does not beneficially own the
    
premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued.
        (14) Any law enforcing public official, including
    
members of local liquor control commissions, any mayor, alderman, or member of the city council or commission, any president of the village board of trustees, any member of a village board of trustees, or any president or member of a county board; and no such official shall have a direct interest in the manufacture, sale, or distribution of alcoholic liquor, except that a license may be granted to such official in relation to premises that are not located within the territory subject to the jurisdiction of that official if the issuance of such license is approved by the State Liquor Control Commission and except that a license may be granted, in a city or village with a population of 55,000 or less, to any alderman, member of a city council, or member of a village board of trustees in relation to premises that are located within the territory subject to the jurisdiction of that official if (i) the sale of alcoholic liquor pursuant to the license is incidental to the selling of food, (ii) the issuance of the license is approved by the State Commission, (iii) the issuance of the license is in accordance with all applicable local ordinances in effect where the premises are located, and (iv) the official granted a license does not vote on alcoholic liquor issues pending before the board or council to which the license holder is elected. Notwithstanding any provision of this paragraph (14) to the contrary, an alderman or member of a city council or commission, a member of a village board of trustees other than the president of the village board of trustees, or a member of a county board other than the president of a county board may have a direct interest in the manufacture, sale, or distribution of alcoholic liquor as long as he or she is not a law enforcing public official, a mayor, a village board president, or president of a county board. To prevent any conflict of interest, the elected official with the direct interest in the manufacture, sale, or distribution of alcoholic liquor shall not participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor. Furthermore, the mayor of a city with a population of 55,000 or less or the president of a village with a population of 55,000 or less may have an interest in the manufacture, sale, or distribution of alcoholic liquor as long as the council or board over which he or she presides has made a local liquor control commissioner appointment that complies with the requirements of Section 4-2 of this Act.
        (15) A person who is not a beneficial owner of the
    
business to be operated by the licensee.
        (16) A person who has been convicted of a gambling
    
offense as proscribed by any of subsections (a) (3) through (a) (11) of Section 28-1 of, or as proscribed by Section 28-1.1 or 28-3 of, the Criminal Code of 1961 or the Criminal Code of 2012, or as proscribed by a statute replaced by any of the aforesaid statutory provisions.
        (17) A person or entity to whom a federal wagering
    
stamp has been issued by the federal government, unless the person or entity is eligible to be issued a license under the Raffles and Poker Runs Act or the Illinois Pull Tabs and Jar Games Act.
        (18) A person who intends to sell alcoholic liquors
    
for use or consumption on his or her licensed retail premises who does not have liquor liability insurance coverage for that premises in an amount that is at least equal to the maximum liability amounts set out in subsection (a) of Section 6-21.
        (19) A person who is licensed by any licensing
    
authority as a manufacturer of beer, or any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer, having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed in this State as a distributor or importing distributor. For purposes of this paragraph (19), a person who is licensed by any licensing authority as a "manufacturer of beer" shall also mean a brewer and a non-resident dealer who is also a manufacturer of beer, including a partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer.
        (20) A person who is licensed in this State as a
    
distributor or importing distributor, or any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed in this State as a distributor or importing distributor having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed as a manufacturer of beer by any licensing authority, or any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise, except for a person who owns, on or after the effective date of this amendatory Act of the 98th General Assembly, no more than 5% of the outstanding shares of a manufacturer of beer whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934. For the purposes of this paragraph (20), a person who is licensed by any licensing authority as a "manufacturer of beer" shall also mean a brewer and a non-resident dealer who is also a manufacturer of beer, including a partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed as a manufacturer of beer.
    (b) A criminal conviction of a corporation is not grounds for the denial, suspension, or revocation of a license applied for or held by the corporation if the criminal conviction was not the result of a violation of any federal or State law concerning the manufacture, possession or sale of alcoholic liquor, the offense that led to the conviction did not result in any financial gain to the corporation and the corporation has terminated its relationship with each director, officer, employee, or controlling shareholder whose actions directly contributed to the conviction of the corporation. The Commission shall determine if all provisions of this subsection (b) have been met before any action on the corporation's license is initiated.
(Source: P.A. 97-1059, eff. 8-24-12; 97-1150, eff. 1-25-13; 98-10, eff. 5-6-13; 98-21, eff. 6-13-13; 98-644, eff. 6-10-14; 98-756, eff. 7-16-14.)

235 ILCS 5/6-3

    (235 ILCS 5/6-3) (from Ch. 43, par. 120a)
    Sec. 6-3. Violation of tax Acts; refusal, revocation, or suspension of license.
    (a) In addition to other grounds specified in this Act, the State Commission or the local liquor control commissioner, on complaint of the Department, shall refuse the issuance or renewal of a license, or suspend or revoke the license, of any person, for any of the following violations of any tax Act administered by the Department:
        1. Failure to make a tax return.
        2. The filing of a fraudulent return.
        3. Failure to pay all or part of any tax or penalty
    
finally determined to be due.
        4. Failure to keep books and records.
        5. Failure to secure and display a certificate or
    
sub-certificates of registration, if required.
        6. Wilful violation of any rule or regulation of the
    
Department relating to the administration and enforcement of tax liability.
    (b) Upon receiving notice from the Department that a violation of any of items 1 through 6 of subsection (a) have been corrected or otherwise resolved to the Department's satisfaction, the Commission may vacate an Order of Revocation.
(Source: P.A. 89-250, eff. 1-1-96.)

235 ILCS 5/6-4

    (235 ILCS 5/6-4) (from Ch. 43, par. 121)
    (Text of Section from P.A. 99-47)
    Sec. 6-4. (a) No person licensed by any licensing authority as a distiller, or a wine manufacturer, or any subsidiary or affiliate thereof, or any officer, associate, member, partner, representative, employee, agent or shareholder owning more than 5% of the outstanding shares of such person shall be issued an importing distributor's or distributor's license, nor shall any person licensed by any licensing authority as an importing distributor, distributor or retailer, or any subsidiary or affiliate thereof, or any officer or associate, member, partner, representative, employee, agent or shareholder owning more than 5% of the outstanding shares of such person be issued a distiller's license or a wine manufacturer's license; and no person or persons licensed as a distiller by any licensing authority shall have any interest, directly or indirectly, with such distributor or importing distributor.
    However, an importing distributor or distributor, which on January 1, 1985 is owned by a brewer, or any subsidiary or affiliate thereof or any officer, associate, member, partner, representative, employee, agent or shareholder owning more than 5% of the outstanding shares of the importing distributor or distributor referred to in this paragraph, may own or acquire an ownership interest of more than 5% of the outstanding shares of a wine manufacturer and be issued a wine manufacturer's license by any licensing authority.
    (b) The foregoing provisions shall not apply to any person licensed by any licensing authority as a distiller or wine manufacturer, or to any subsidiary or affiliate of any distiller or wine manufacturer who shall have been heretofore licensed by the State Commission as either an importing distributor or distributor during the annual licensing period expiring June 30, 1947, and shall actually have made sales regularly to retailers.
    (c) Provided, however, that in such instances where a distributor's or importing distributor's license has been issued to any distiller or wine manufacturer or to any subsidiary or affiliate of any distiller or wine manufacturer who has, during the licensing period ending June 30, 1947, sold or distributed as such licensed distributor or importing distributor alcoholic liquors and wines to retailers, such distiller or wine manufacturer or any subsidiary or affiliate of any distiller or wine manufacturer holding such distributor's or importing distributor's license may continue to sell or distribute to retailers such alcoholic liquors and wines which are manufactured, distilled, processed or marketed by distillers and wine manufacturers whose products it sold or distributed to retailers during the whole or any part of its licensing periods; and such additional brands and additional products may be added to the line of such distributor or importing distributor, provided, that such brands and such products were not sold or distributed by any distributor or importing distributor licensed by the State Commission during the licensing period ending June 30, 1947, but can not sell or distribute to retailers any other alcoholic liquors or wines.
    (d) It shall be unlawful for any distiller licensed anywhere to have any stock ownership or interest in any distributor's or importing distributor's license wherein any other person has an interest therein who is not a distiller and does not own more than 5% of any stock in any distillery. Nothing herein contained shall apply to such distillers or their subsidiaries or affiliates, who had a distributor's or importing distributor's license during the licensing period ending June 30, 1947, which license was owned in whole by such distiller, or subsidiaries or affiliates of such distiller.
    (e) Any person having been licensed as a manufacturer shall be permitted to receive one retailer's license for the premises in which he or she actually conducts such business, permitting only the retail sale of beer manufactured at such premises and only on such premises, but no such person shall be entitled to more than one retailer's license in any event, and, other than a manufacturer of beer as stated above, no manufacturer or distributor or importing distributor, excluding airplane licensees exercising powers provided in paragraph (i) of Section 5-1 of this Act, or any subsidiary or affiliate thereof, or any officer, associate, member, partner, representative, employee or agent, or shareholder shall be issued a retailer's license, nor shall any person having a retailer's license, excluding airplane licensees exercising powers provided in paragraph (i) of Section 5-1 of this Act, or any subsidiary or affiliate thereof, or any officer, associate, member, partner, representative or agent, or shareholder be issued a manufacturer's license or importing distributor's license.
    A person licensed as a craft distiller not affiliated with any other person manufacturing spirits may be authorized by the Commission to sell up to 2,500 gallons of spirits produced by the person to non-licensees for on or off-premises consumption for the premises in which he or she actually conducts business permitting only the retail sale of spirits manufactured at such premises. Such sales shall be limited to on-premises, in-person sales only, for lawful consumption on or off premises, and such authorization shall be considered a privilege granted by the craft distiller license. A craft distiller licensed for retail sale shall secure liquor liability insurance coverage in an amount at least equal to the maximum liability amounts set forth in subsection (a) of Section 6-21 of this Act.
    (f) (Blank).
    (g) Notwithstanding any of the foregoing prohibitions, a limited wine manufacturer may sell at retail at its manufacturing site for on or off premises consumption and may sell to distributors. A limited wine manufacturer licensee shall secure liquor liability insurance coverage in an amount at least equal to the maximum liability amounts set forth in subsection (a) of Section 6-21 of this Act.
    (h) The changes made to this Section by this amendatory Act of the 99th General Assembly shall not diminish or impair the rights of any person, whether a distiller, wine manufacturer, agent, or affiliate thereof, who requested in writing and submitted documentation to the State Commission on or before February 18, 2015 to be approved for a retail license pursuant to what has heretofore been subsection (f); provided that, on or before that date, the State Commission considered the intent of that person to apply for the retail license under that subsection and, by recorded vote, the State Commission approved a resolution indicating that such a license application could be lawfully approved upon that person duly filing a formal application for a retail license and if that person, within 90 days of the State Commission appearance and recorded vote, first filed an application with the appropriate local commission, which application was subsequently approved by the appropriate local commission prior to consideration by the State Commission of that person's application for a retail license. It is further provided that the State Commission may approve the person's application for a retail license or renewals of such license if such person continues to diligently adhere to all representations made in writing to the State Commission on or before February 18, 2015, or thereafter, or in the affidavit filed by that person with the State Commission to support the issuance of a retail license and to abide by all applicable laws and duly adopted rules.
(Source: P.A. 99-47, eff. 7-15-15.)
 
    (Text of Section from P.A. 99-448)
    Sec. 6-4. (a) No person licensed by any licensing authority as a distiller, or a wine manufacturer, or any subsidiary or affiliate thereof, or any officer, associate, member, partner, representative, employee, agent or shareholder owning more than 5% of the outstanding shares of such person shall be issued an importing distributor's or distributor's license, nor shall any person licensed by any licensing authority as an importing distributor, distributor or retailer, or any subsidiary or affiliate thereof, or any officer or associate, member, partner, representative, employee, agent or shareholder owning more than 5% of the outstanding shares of such person be issued a distiller's license or a wine manufacturer's license; and no person or persons licensed as a distiller by any licensing authority shall have any interest, directly or indirectly, with such distributor or importing distributor.
    However, an importing distributor or distributor, which on January 1, 1985 is owned by a brewer, or any subsidiary or affiliate thereof or any officer, associate, member, partner, representative, employee, agent or shareholder owning more than 5% of the outstanding shares of the importing distributor or distributor referred to in this paragraph, may own or acquire an ownership interest of more than 5% of the outstanding shares of a wine manufacturer and be issued a wine manufacturer's license by any licensing authority.
    (b) The foregoing provisions shall not apply to any person licensed by any licensing authority as a distiller or wine manufacturer, or to any subsidiary or affiliate of any distiller or wine manufacturer who shall have been heretofore licensed by the State Commission as either an importing distributor or distributor during the annual licensing period expiring June 30, 1947, and shall actually have made sales regularly to retailers.
    (c) Provided, however, that in such instances where a distributor's or importing distributor's license has been issued to any distiller or wine manufacturer or to any subsidiary or affiliate of any distiller or wine manufacturer who has, during the licensing period ending June 30, 1947, sold or distributed as such licensed distributor or importing distributor alcoholic liquors and wines to retailers, such distiller or wine manufacturer or any subsidiary or affiliate of any distiller or wine manufacturer holding such distributor's or importing distributor's license may continue to sell or distribute to retailers such alcoholic liquors and wines which are manufactured, distilled, processed or marketed by distillers and wine manufacturers whose products it sold or distributed to retailers during the whole or any part of its licensing periods; and such additional brands and additional products may be added to the line of such distributor or importing distributor, provided, that such brands and such products were not sold or distributed by any distributor or importing distributor licensed by the State Commission during the licensing period ending June 30, 1947, but can not sell or distribute to retailers any other alcoholic liquors or wines.
    (d) It shall be unlawful for any distiller licensed anywhere to have any stock ownership or interest in any distributor's or importing distributor's license wherein any other person has an interest therein who is not a distiller and does not own more than 5% of any stock in any distillery. Nothing herein contained shall apply to such distillers or their subsidiaries or affiliates, who had a distributor's or importing distributor's license during the licensing period ending June 30, 1947, which license was owned in whole by such distiller, or subsidiaries or affiliates of such distiller.
    (e) Any person licensed as a brewer, class 1 brewer, or class 2 brewer shall be permitted to sell on the licensed premises to non-licensees for on or off-premises consumption for the premises in which he or she actually conducts such business beer manufactured by the brewer, class 1 brewer, or class 2 brewer. Such sales shall be limited to on-premises, in-person sales only, for lawful consumption on or off premises. Such authorization shall be considered a privilege granted by the brewer license and, other than a manufacturer of beer as stated above, no manufacturer or distributor or importing distributor, excluding airplane licensees exercising powers provided in paragraph (i) of Section 5-1 of this Act, or any subsidiary or affiliate thereof, or any officer, associate, member, partner, representative, employee or agent, or shareholder shall be issued a retailer's license, nor shall any person having a retailer's license, excluding airplane licensees exercising powers provided in paragraph (i) of Section 5-1 of this Act, or any subsidiary or affiliate thereof, or any officer, associate, member, partner, representative or agent, or shareholder be issued a manufacturer's license or importing distributor's license.
    A person who holds a class 1 or class 2 brewer license and is authorized by this Section to sell beer to non-licensees shall not sell beer to non-licensees from more than 3 total brewer or commonly owned brew pub licensed locations in this State. The class 1 or class 2 brewer shall designate to the State Commission the brewer or brew pub locations from which it will sell beer to non-licensees.
    A person licensed as a craft distiller not affiliated with any other person manufacturing spirits may be authorized by the Commission to sell up to 2,500 gallons of spirits produced by the person to non-licensees for on or off-premises consumption for the premises in which he or she actually conducts business permitting only the retail sale of spirits manufactured at such premises. Such sales shall be limited to on-premises, in-person sales only, for lawful consumption on or off premises, and such authorization shall be considered a privilege granted by the craft distiller license. A craft distiller licensed for retail sale shall secure liquor liability insurance coverage in an amount at least equal to the maximum liability amounts set forth in subsection (a) of Section 6-21 of this Act.
    (f) However, the foregoing prohibitions against any person licensed as a distiller or wine manufacturer being issued a retailer's license shall not apply:
        (i) to any hotel, motel or restaurant whose principal
    
business is not the sale of alcoholic liquors if said retailer's sales of any alcoholic liquors manufactured, sold, distributed or controlled, directly or indirectly, by any affiliate, subsidiary, officer, associate, member, partner, representative, employee, agent or shareholder owning more than 5% of the outstanding shares of such person does not exceed 10% of the total alcoholic liquor sales of said retail licensee; and
        (ii) where the Commission determines, having
    
considered the public welfare, the economic impact upon the State and the entirety of the facts and circumstances involved, that the purpose and intent of this Section would not be violated by granting an exemption.
    (g) Notwithstanding any of the foregoing prohibitions, a limited wine manufacturer may sell at retail at its manufacturing site for on or off premises consumption and may sell to distributors. A limited wine manufacturer licensee shall secure liquor liability insurance coverage in an amount at least equal to the maximum liability amounts set forth in subsection (a) of Section 6-21 of this Act.
(Source: P.A. 99-448, eff. 8-24-15.)

235 ILCS 5/6-4.5

    (235 ILCS 5/6-4.5)
    Sec. 6-4.5. Prohibited ownership interests in a distributor, importing distributor, manufacturer of beer, or non-resident dealer.
    (a) The General Assembly finds, consistent with Section 6-1.5, that the 3-tier regulatory system is designed to prevent a manufacturer of beer as described in paragraph (19) of subsection (a) of Section 6-2 from exercising vertical integration between a manufacturer of beer and a distributor or importing distributor through any ownership interest, or through control of the distributor or importing distributor. The General Assembly further finds, consistent with Section 6-1.5, that the 3-tier regulatory system is designed to prevent a distributor or importing distributor as described in paragraph (20) of subsection (a) of Section 6-2 from having any ownership interest in a manufacturer of beer as described in paragraph (20) of subsection (a) of Section 6-2 except for the ownership of no more than 5% of the outstanding shares of a manufacturer of beer whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934. The General Assembly further finds that it is necessary to have the State Commission undertake an expedited investigation, in accordance with procedural due process, to determine whether any existing manufacturer of beer described in paragraph (19) of subsection (a) of Section 6-2 or any existing distributor or importing distributor described in paragraph (20) of subsection (a) of Section 6-2 owns a prohibited ownership interest, and an orderly process by which an existing manufacturer of beer, distributor, or importing distributor may divest itself of or sever the prohibited ownership interest by no later than January 1, 2015.
    (b) Notwithstanding any provision of this Act to the contrary, no person licensed as a manufacturer of beer as described in paragraph (19) of subsection (a) of Section 6-2 shall have any prohibited ownership interest, directly or indirectly, in a person licensed as a distributor or importing distributor. Any person who holds a prohibited ownership interest in a person licensed as a distributor or importing distributor prior to this amendatory Act of the 98th General Assembly shall, in accordance with paragraph (19) of subsection (a) of Section 6-2, be ineligible to receive or hold any license issued by the State Commission, unless that person complies with the provisions of this Section.
    (c) Notwithstanding any provision of this Act to the contrary, no person licensed in this State as a distributor or importing distributor as described in paragraph (20) of subsection (a) of Section 6-2 shall have any prohibited ownership interest, directly or indirectly, in a person licensed as a manufacturer of beer as described in paragraph (20) of subsection (a) of Section 6-2. Any person who holds an interest in a person licensed as a distributor or importing distributor in this State prior to this amendatory Act of the 98th General Assembly shall, in accordance with paragraph (20) of subsection (a) of Section 6-2, be ineligible to receive or hold a license by the State Commission, unless the person complies with the provisions of this Section. This subsection (c) shall not apply to a person who owns, on or after the effective date of this amendatory Act of the 98th General Assembly, no more than 5% of the outstanding shares of a manufacturer of beer whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934.
    (d) Within 30 days after the effective date of this amendatory Act of the 98th General Assembly, the State Commission shall notify in writing all persons licensed by the State Commission as a manufacturer of beer, as described in paragraph (19) of subsection (a) of Section 6-2 of the prohibited ownership interest provision set forth in subsection (b) of this Section and paragraph (19) of subsection (a) of Section 6-2. Also within 30 days after the effective date of this amendatory Act of the 98th General Assembly, the State Commission shall notify in writing all persons licensed by the State Commission as a distributor or importing distributor of the prohibited ownership interest provision set forth in subsection (c) of this Section and paragraph (20) of subsection (a) of Section 6-2. The notice provided by the State Commission shall also state for a manufacturer of beer, as described in paragraph (19) of subsection (a) of Section 6-2, that it is required to disclose in writing any ownership interest it directly or indirectly possesses in a distributor or importing distributor, as described in paragraph (20) of subsection (a) of Section 6-2, the type and amount of ownership interest possessed by it, the length of time the manufacturer of beer has held the ownership interest in the distributor or importing distributor, and any other information specified by the State Commission in its written notice. The notice provided by the State Commission shall also state for a distributor or importing distributor, as described in paragraph (20) of subsection (a) of Section 6-2, that it is required to disclose in writing any ownership interest it directly or indirectly possesses in a manufacturer of beer, as described in paragraph (19) of subsection (a) of Section 6-2, the type and amount of ownership interest possessed by it, the length of time the manufacturer of beer has held the ownership interest in the distributor or importing distributor, and any other information specified by the State Commission in its written notice.
    (e) Within 60 days after the effective date of this amendatory Act of the 98th General Assembly, each manufacturer of beer, distributor, or importing distributor subject to notification under subsection (d) of this Section shall disclose in writing and under oath the relevant ownership interest and other required information specified in the notification provided by the State Commission pursuant to that subsection. The written disclosure shall, as a mandatory obligation, be tendered to the State Commission by either personal service or via certified or registered mail at the State Commission's Springfield or Chicago office on or before the 60th day during regular business hours. Failure to tender the required written disclosure shall result in the immediate entry of an order by the State Commission suspending the licensee's license within 5 days after the 60th day, and the initiation of proceedings by the State Commission to enter an order to permanently revoke the licensee's license no later than 45 days after providing the licensee with notice and an opportunity for a hearing. Whenever the State Commission has reason to believe that a person has failed to comply with the Commission notice under this Section, it shall notify the Department of Revenue and the Attorney General, and shall file a complaint with the State's Attorney of the county where the alcoholic liquor was delivered or with appropriate law enforcement officials. Failure to make the written disclosure required under this subsection shall constitute a business offense for which the person shall be fined not more than $5,000 for a first offense, not more than $10,000 for a second offense, and not more than $15,000 for a third or subsequent offense.
    (f) Within 180 days after the effective date of this amendatory Act of the 98th General Assembly, the State Commission shall review each of the disclosures tendered to the State Commission by licensees pursuant to subsection (e) and enter an order determining whether or not each licensee is in compliance with subsection (b) or (c) of this Section, whichever is applicable, after providing each licensee with notice and an opportunity for a hearing. As part of making its determination, the State Commission shall also consider any information otherwise admissible under Section 10-40 of the Illinois Administrative Procedure Act.
    (g) If the State Commission determines, based on a preponderance of record evidence, that a manufacturer of beer, distributor, or importing distributor has no prohibited ownership interest in a licensee in violation of subsection (b) or (c) of this Section, then the State Commission shall enter an order finding that the manufacturer of beer, distributor, or importing distributor is in compliance with this Section, record the matter as closed, and serve a copy of the order of compliance on the licensee and each person with an ownership interest in the licensee.
    If the State Commission determines, based on a preponderance of record evidence, that a manufacturer of beer, as described in paragraph (19) of subsection (a) of Section 6-2, has a prohibited ownership interest as set forth in subsection (b) of this Section, then the State Commission shall enter an order finding that the manufacturer of beer is not in compliance with this Section and that the manufacturer of beer shall divest itself of that interest on or before January 1, 2015, subject to the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act. In addition, the State Commission shall find that the relevant distributor or importing distributor is not in compliance with this Section and that the distributor or importing distributor is required to sever the prohibited ownership interest possessed by the relevant manufacturer of beer on or before January 1, 2015, subject to the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act.
    If the State Commission determines, based on a preponderance of record evidence, that a distributor or importing distributor, as described in paragraph (20) of subsection (a) of Section 6-2, has a prohibited ownership interest as set forth in subsection (c) of this Section, then the State Commission shall enter an order finding that the relevant distributor or importing distributor is not in compliance with this Section and that the relevant distributor or importing distributor shall divest itself of that interest on or before January 1, 2015, subject to the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act. In addition, the State Commission shall find that the manufacturer of beer is not in compliance with this Section and that the manufacturer of beer shall sever the prohibited ownership interest possessed by the distributor or importing distributor on or before January 1, 2015, subject to the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act.
    The State Commission's order shall further find that the continued ownership of the prohibited ownership interest beyond January 1, 2015 by the manufacturer of beer, distributor, or importing distributor is against the public interest and a violation of this Section and Section 6-1.5 of the Act.
    The State Commission's order shall further find for a manufacturer of beer, as described in paragraph (19) of subsection (a) of Section 6-2, found in non-compliance with subsection (b) of this Section that its license is revoked on January 16, 2015 as to the transport, transfer, or sale of any alcoholic liquor to the relevant distributor or importing distributor that the manufacturer of beer has a prohibited ownership interest in if that interest is not properly divested on January 1, 2015, subject to the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act. In addition, the State Commission shall find that the license of a distributor or importing distributor that is subject to the prohibited ownership interest of the manufacturer of beer is revoked on January 16, 2015 as to the transport, transfer, or sale of alcoholic liquor from the relevant manufacturer of beer to any retailer if that ownership interest is not properly severed on January 1, 2015, subject to the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act.
    The State Commission's order shall further find for a distributor or importing distributor, as described in paragraph (20) of subsection (a) of Section 6-2, found in non-compliance with subsection (c) of this Section, that its license is revoked on January 16, 2015 as to the transport, transfer, or sale of any alcoholic liquor from the relevant manufacturer of beer to any retailer if that prohibited ownership interest in the manufacturer of beer is not properly divested on January 1, 2015, subject to the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act. In addition, the State Commission shall find that the license of the manufacturer of beer that is subject to the prohibited ownership interest of a distributor or importing distributor is revoked on January 16, 2015 as to the transport, transfer, or sale of alcoholic liquor to the distributor or importing distributor if that ownership interest is not properly severed on January 1, 2015, subject to the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act.
    The State Commission shall serve a copy of the order of non-compliance on the licensee and each person with an ownership interest in the licensee.
    (h) If a person with a prohibited ownership interest in a licensee under subsection (b) or (c) of this Section succeeds in divesting itself of or severing that interest and obtains the State Commission's approval of the successive owner pursuant to its authority provided in this Act on or before January 1, 2015, then the State Commission shall enter an order finding that the licensee is in compliance, record the matter as closed, and serve a copy of the order of compliance on the licensee and each person with an ownership interest in the licensee.
    If a person with a prohibited ownership interest in violation of subsection (b) or (c) of this Section fails to divest itself of or sever that interest and obtain the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act on or before January 1, 2015, then the State Commission shall, after notice and an opportunity for a hearing, revoke each licensee's license as specified in subsection (g) of this Section on January 16, 2015. The State Commission, when entering the order, shall give notice to the person by certified mail to cease and desist all shipments of alcoholic liquor into or within this State and to withdraw from this State within 5 working days after receipt of the notice all shipments of alcoholic liquor in transit. Whenever the State Commission has reason to believe that a person has failed to comply with the State Commission's notice under this Section, it shall notify the Department of Revenue and the Attorney General, and shall file a complaint with the State's Attorney of the county where the alcoholic liquor was delivered, or with appropriate law enforcement officials. Failure to comply with the notice issued by the State Commission under this Section is against the public interest and constitutes a business offense for which the person shall be fined not more than $5,000 for a first offense, not more than $10,000 for a second offense, and not more than $15,000 for a third or subsequent offense. Each shipment or transfer of alcoholic liquor in violation of the cease and desist notice shall constitute a separate offense.
    (i) The power and authority granted to the State Commission under this Section is in addition to any existing power or authority the State Commission has under this Act and its exercise shall be accorded precedence on the State Commission's meeting agenda so as to fully accommodate the schedule for any proceeding under the provisions of this Section. Nothing in this Act shall be construed as limiting or otherwise impairing the ability of the State Commission to conduct future investigations and proceedings sua sponte or pursuant to a complaint to ensure compliance with this Section or paragraph (19) or (20) of subsection (a) of Section 6-2 of this Act. Any future investigations and proceedings shall be conducted by the State Commission on an expedited basis and pursuant to an initiating order entered by the State Commission. The State Commission shall enter its initiating order within 30 days after the receipt of a complaint. The initiating order shall set forth a schedule by which the required notices, disclosures, determinations, or orders specified in subsections (d), (e), (f), (g), and (h) shall be made or entered, and the period of time by which a licensee shall divest itself of or sever a prohibited ownership interest, which shall be no later than 540 days after the entry of the initiating order.
    (j) Any association or non-profit corporation representing beer distributors in this State shall have standing to intervene and otherwise participate as a party in any proceeding undertaken by the State Commission under this Section to review and determine compliance or non-compliance with this Section.
    (k) For purposes of this Section, the term "ownership interest" means a legal, equitable, or beneficial interest recognized under Illinois law. The term "prohibited ownership interest" means an ownership interest in a distributor, importing distributor, or manufacturer of beer as specified in this Section.
(Source: P.A. 98-21, eff. 6-13-13.)

235 ILCS 5/6-5

    (235 ILCS 5/6-5) (from Ch. 43, par. 122)
    Sec. 6-5. Except as otherwise provided in this Section, it is unlawful for any person having a retailer's license or any officer, associate, member, representative or agent of such licensee to accept, receive or borrow money, or anything else of value, or accept or receive credit (other than merchandising credit in the ordinary course of business for a period not to exceed 30 days) directly or indirectly from any manufacturer, importing distributor or distributor of alcoholic liquor, or from any person connected with or in any way representing, or from any member of the family of, such manufacturer, importing distributor, distributor or wholesaler, or from any stockholders in any corporation engaged in manufacturing, distributing or wholesaling of such liquor, or from any officer, manager, agent or representative of said manufacturer. Except as provided below, it is unlawful for any manufacturer or distributor or importing distributor to give or lend money or anything of value, or otherwise loan or extend credit (except such merchandising credit) directly or indirectly to any retail licensee or to the manager, representative, agent, officer or director of such licensee. A manufacturer, distributor or importing distributor may furnish free advertising, posters, signs, brochures, hand-outs, or other promotional devices or materials to any unit of government owning or operating any auditorium, exhibition hall, recreation facility or other similar facility holding a retailer's license, provided that the primary purpose of such promotional devices or materials is to promote public events being held at such facility. A unit of government owning or operating such a facility holding a retailer's license may accept such promotional devices or materials designed primarily to promote public events held at the facility. No retail licensee delinquent beyond the 30 day period specified in this Section shall solicit, accept or receive credit, purchase or acquire alcoholic liquors, directly or indirectly from any other licensee, and no manufacturer, distributor or importing distributor shall knowingly grant or extend credit, sell, furnish or supply alcoholic liquors to any such delinquent retail licensee; provided that the purchase price of all beer sold to a retail licensee shall be paid by the retail licensee in cash on or before delivery of the beer, and unless the purchase price payable by a retail licensee for beer sold to him in returnable bottles shall expressly include a charge for the bottles and cases, the retail licensee shall, on or before delivery of such beer, pay the seller in cash a deposit in an amount not less than the deposit required to be paid by the distributor to the brewer; but where the brewer sells direct to the retailer, the deposit shall be an amount no less than that required by the brewer from his own distributors; and provided further, that in no instance shall this deposit be less than 50 cents for each case of beer in pint or smaller bottles and 60 cents for each case of beer in quart or half-gallon bottles; and provided further, that the purchase price of all beer sold to an importing distributor or distributor shall be paid by such importing distributor or distributor in cash on or before the 15th day (Sundays and holidays excepted) after delivery of such beer to such purchaser; and unless the purchase price payable by such importing distributor or distributor for beer sold in returnable bottles and cases shall expressly include a charge for the bottles and cases, such importing distributor or distributor shall, on or before the 15th day (Sundays and holidays excepted) after delivery of such beer to such purchaser, pay the seller in cash a required amount as a deposit to assure the return of such bottles and cases. Nothing herein contained shall prohibit any licensee from crediting or refunding to a purchaser the actual amount of money paid for bottles, cases, kegs or barrels returned by the purchaser to the seller or paid by the purchaser as a deposit on bottles, cases, kegs or barrels, when such containers or packages are returned to the seller. Nothing herein contained shall prohibit any manufacturer, importing distributor or distributor from extending usual and customary credit for alcoholic liquor sold to customers or purchasers who live in or maintain places of business outside of this State when such alcoholic liquor is actually transported and delivered to such points outside of this State.
    A manufacturer, distributor, or importing distributor may furnish free social media advertising to a retail licensee if the social media advertisement does not contain the retail price of any alcoholic liquor and the social media advertisement complies with any applicable rules or regulations issued by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury. A manufacturer, distributor, or importing distributor may list the names of one or more unaffiliated retailers in the advertisement of alcoholic liquor through social media. Nothing in this Section shall prohibit a retailer from communicating with a manufacturer, distributor, or importing distributor on social media or sharing media on the social media of a manufacturer, distributor, or importing distributor. A retailer may request free social media advertising from a manufacturer, distributor, or importing distributor. Nothing in this Section shall prohibit a manufacturer, distributor, or importing distributor from sharing, reposting, or otherwise forwarding a social media post by a retail licensee, so long as the sharing, reposting, or forwarding of the social media post does not contain the retail price of any alcoholic liquor. No manufacturer, distributor, or importing distributor shall pay or reimburse a retailer, directly or indirectly, for any social media advertising services, except as specifically permitted in this Act. No retailer shall accept any payment or reimbursement, directly or indirectly, for any social media advertising services offered by a manufacturer, distributor, or importing distributor, except as specifically permitted in this Act. For the purposes of this Section, "social media" means a service, platform, or site where users communicate with one another and share media, such as pictures, videos, music, and blogs, with other users free of charge.
    No right of action shall exist for the collection of any claim based upon credit extended to a distributor, importing distributor or retail licensee contrary to the provisions of this Section.
    Every manufacturer, importing distributor and distributor shall submit or cause to be submitted, to the State Commission, in triplicate, not later than Thursday of each calendar week, a verified written list of the names and respective addresses of each retail licensee purchasing spirits or wine from such manufacturer, importing distributor or distributor who, on the first business day of that calendar week, was delinquent beyond the above mentioned permissible merchandising credit period of 30 days; or, if such is the fact, a verified written statement that no retail licensee purchasing spirits or wine was then delinquent beyond such permissible merchandising credit period of 30 days.
    Every manufacturer, importing distributor and distributor shall submit or cause to be submitted, to the State Commission, in triplicate, a verified written list of the names and respective addresses of each previously reported delinquent retail licensee who has cured such delinquency by payment, which list shall be submitted not later than the close of the second full business day following the day such delinquency was so cured.
    Such written verified reports required to be submitted by this Section shall be posted by the State Commission in each of its offices in places available for public inspection not later than the day following receipt thereof by the Commission. The reports so posted shall constitute notice to every manufacturer, importing distributor and distributor of the information contained therein. Actual notice to manufacturers, importing distributors and distributors of the information contained in any such posted reports, however received, shall also constitute notice of such information.
    The 30 day merchandising credit period allowed by this Section shall commence with the day immediately following the date of invoice and shall include all successive days including Sundays and holidays to and including the 30th successive day.
    In addition to other methods allowed by law, payment by check during the period for which merchandising credit may be extended under the provisions of this Section shall be considered payment. All checks received in payment for alcoholic liquor shall be promptly deposited for collection. A post dated check or a check dishonored on presentation for payment shall not be deemed payment.
    A retail licensee shall not be deemed to be delinquent in payment for any alleged sale to him of alcoholic liquor when there exists a bona fide dispute between such retailer and a manufacturer, importing distributor or distributor with respect to the amount of indebtedness existing because of such alleged sale.
    A delinquent retail licensee who engages in the retail liquor business at 2 or more locations shall be deemed to be delinquent with respect to each such location.
    The license of any person who violates any provision of this Section shall be subject to suspension or revocation in the manner provided by this Act.
    If any part or provision of this Article or the application thereof to any person or circumstances shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined by its operation to the controversy in which it was mentioned and shall not affect or invalidate the remainder of this Article or the application thereof to any other person or circumstance and to this and the provisions of this Article are declared severable.
(Source: P.A. 99-448, eff. 8-24-15.)

235 ILCS 5/6-6

    (235 ILCS 5/6-6) (from Ch. 43, par. 123)
    Sec. 6-6. Except as otherwise provided in this Act no manufacturer or distributor or importing distributor shall, directly or indirectly, sell, supply, furnish, give or pay for, or loan or lease, any furnishing, fixture or equipment on the premises of a place of business of another licensee authorized under this Act to sell alcoholic liquor at retail, either for consumption on or off the premises, nor shall he or she, directly or indirectly, pay for any such license, or advance, furnish, lend or give money for payment of such license, or purchase or become the owner of any note, mortgage, or other evidence of indebtedness of such licensee or any form of security therefor, nor shall such manufacturer, or distributor, or importing distributor, directly or indirectly, be interested in the ownership, conduct or operation of the business of any licensee authorized to sell alcoholic liquor at retail, nor shall any manufacturer, or distributor, or importing distributor be interested directly or indirectly or as owner or part owner of said premises or as lessee or lessor thereof, in any premises upon which alcoholic liquor is sold at retail.
    No manufacturer or distributor or importing distributor shall, directly or indirectly or through a subsidiary or affiliate, or by any officer, director or firm of such manufacturer, distributor or importing distributor, furnish, give, lend or rent, install, repair or maintain, to or for any retail licensee in this State, any signs or inside advertising materials except as provided in this Section and Section 6-5. With respect to retail licensees, other than any government owned or operated auditorium, exhibition hall, recreation facility or other similar facility holding a retailer's license as described in Section 6-5, a manufacturer, distributor, or importing distributor may furnish, give, lend or rent and erect, install, repair and maintain to or for any retail licensee, for use at any one time in or about or in connection with a retail establishment on which the products of the manufacturer, distributor or importing distributor are sold, the following signs and inside advertising materials as authorized in subparts (i), (ii), (iii), and (iv):
        (i) Permanent outside signs shall be limited to one
    
outside sign, per brand, in place and in use at any one time, costing not more than $893, exclusive of erection, installation, repair and maintenance costs, and permit fees and shall bear only the manufacturer's name, brand name, trade name, slogans, markings, trademark, or other symbols commonly associated with and generally used in identifying the product including, but not limited to, "cold beer", "on tap", "carry out", and "packaged liquor".
        (ii) Temporary outside signs shall be limited to one
    
temporary outside sign per brand. Examples of temporary outside signs are banners, flags, pennants, streamers, and other items of a temporary and non-permanent nature. Each temporary outside sign must include the manufacturer's name, brand name, trade name, slogans, markings, trademark, or other symbol commonly associated with and generally used in identifying the product. Temporary outside signs may also include, for example, the product, price, packaging, date or dates of a promotion and an announcement of a retail licensee's specific sponsored event, if the temporary outside sign is intended to promote a product, and provided that the announcement of the retail licensee's event and the product promotion are held simultaneously. However, temporary outside signs may not include names, slogans, markings, or logos that relate to the retailer. Nothing in this subpart (ii) shall prohibit a distributor or importing distributor from bearing the cost of creating or printing a temporary outside sign for the retail licensee's specific sponsored event or from bearing the cost of creating or printing a temporary sign for a retail licensee containing, for example, community goodwill expressions, regional sporting event announcements, or seasonal messages, provided that the primary purpose of the temporary outside sign is to highlight, promote, or advertise the product. In addition, temporary outside signs provided by the manufacturer to the distributor or importing distributor may also include, for example, subject to the limitations of this Section, preprinted community goodwill expressions, sporting event announcements, seasonal messages, and manufacturer promotional announcements. However, a distributor or importing distributor shall not bear the cost of such manufacturer preprinted signs.
        (iii) Permanent inside signs, whether visible from
    
the outside or the inside of the premises, include, but are not limited to: alcohol lists and menus that may include names, slogans, markings, or logos that relate to the retailer; neons; illuminated signs; clocks; table lamps; mirrors; tap handles; decalcomanias; window painting; and window trim. All permanent inside signs in place and in use at any one time shall cost in the aggregate not more than $2000 per manufacturer. A permanent inside sign must include the manufacturer's name, brand name, trade name, slogans, markings, trademark, or other symbol commonly associated with and generally used in identifying the product. However, permanent inside signs may not include names, slogans, markings, or logos that relate to the retailer. For the purpose of this subpart (iii), all permanent inside signs may be displayed in an adjacent courtyard or patio commonly referred to as a "beer garden" that is a part of the retailer's licensed premises.
        (iv) Temporary inside signs shall include, but are
    
not limited to, lighted chalk boards, acrylic table tent beverage or hors d'oeuvre list holders, banners, flags, pennants, streamers, and inside advertising materials such as posters, placards, bowling sheets, table tents, inserts for acrylic table tent beverage or hors d'oeuvre list holders, sports schedules, or similar printed or illustrated materials; however, such items, for example, as coasters, trays, napkins, glassware and cups shall not be deemed to be inside signs or advertising materials and may only be sold to retailers. All temporary inside signs and inside advertising materials in place and in use at any one time shall cost in the aggregate not more than $325 per manufacturer. Nothing in this subpart (iv) prohibits a distributor or importing distributor from paying the cost of printing or creating any temporary inside banner or inserts for acrylic table tent beverage or hors d'oeuvre list holders for a retail licensee, provided that the primary purpose for the banner or insert is to highlight, promote, or advertise the product. For the purpose of this subpart (iv), all temporary inside signs and inside advertising materials may be displayed in an adjacent courtyard or patio commonly referred to as a "beer garden" that is a part of the retailer's licensed premises.
    A "cost adjustment factor" shall be used to periodically update the dollar limitations prescribed in subparts (i), (iii), and (iv). The Commission shall establish the adjusted dollar limitation on an annual basis beginning in January, 1997. The term "cost adjustment factor" means a percentage equal to the change in the Bureau of Labor Statistics Consumer Price Index or 5%, whichever is greater. The restrictions contained in this Section 6-6 do not apply to signs, or promotional or advertising materials furnished by manufacturers, distributors or importing distributors to a government owned or operated facility holding a retailer's license as described in Section 6-5.
    No distributor or importing distributor shall directly or indirectly or through a subsidiary or affiliate, or by any officer, director or firm of such manufacturer, distributor or importing distributor, furnish, give, lend or rent, install, repair or maintain, to or for any retail licensee in this State, any signs or inside advertising materials described in subparts (i), (ii), (iii), or (iv) of this Section except as the agent for or on behalf of a manufacturer, provided that the total cost of any signs and inside advertising materials including but not limited to labor, erection, installation and permit fees shall be paid by the manufacturer whose product or products said signs and inside advertising materials advertise and except as follows:
    A distributor or importing distributor may purchase from or enter into a written agreement with a manufacturer or a manufacturer's designated supplier and such manufacturer or the manufacturer's designated supplier may sell or enter into an agreement to sell to a distributor or importing distributor permitted signs and advertising materials described in subparts (ii), (iii), or (iv) of this Section for the purpose of furnishing, giving, lending, renting, installing, repairing, or maintaining such signs or advertising materials to or for any retail licensee in this State. Any purchase by a distributor or importing distributor from a manufacturer or a manufacturer's designated supplier shall be voluntary and the manufacturer may not require the distributor or the importing distributor to purchase signs or advertising materials from the manufacturer or the manufacturer's designated supplier.
    A distributor or importing distributor shall be deemed the owner of such signs or advertising materials purchased from a manufacturer or a manufacturer's designated supplier.
    The provisions of Public Act 90-373 concerning signs or advertising materials delivered by a manufacturer to a distributor or importing distributor shall apply only to signs or advertising materials delivered on or after August 14, 1997.
    A manufacturer, distributor, or importing distributor may furnish free social media advertising to a retail licensee if the social media advertisement does not contain the retail price of any alcoholic liquor and the social media advertisement complies with any applicable rules or regulations issued by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury. A manufacturer, distributor, or importing distributor may list the names of one or more unaffiliated retailers in the advertisement of alcoholic liquor through social media. Nothing in this Section shall prohibit a retailer from communicating with a manufacturer, distributor, or importing distributor on social media or sharing media on the social media of a manufacturer, distributor, or importing distributor. A retailer may request free social media advertising from a manufacturer, distributor, or importing distributor. Nothing in this Section shall prohibit a manufacturer, distributor, or importing distributor from sharing, reposting, or otherwise forwarding a social media post by a retail licensee, so long as the sharing, reposting, or forwarding of the social media post does not contain the retail price of any alcoholic liquor. No manufacturer, distributor, or importing distributor shall pay or reimburse a retailer, directly or indirectly, for any social media advertising services, except as specifically permitted in this Act. No retailer shall accept any payment or reimbursement, directly or indirectly, for any social media advertising services offered by a manufacturer, distributor, or importing distributor, except as specifically permitted in this Act. For the purposes of this Section, "social media" means a service, platform, or site where users communicate with one another and share media, such as pictures, videos, music, and blogs, with other users free of charge.
    No person engaged in the business of manufacturing, importing or distributing alcoholic liquors shall, directly or indirectly, pay for, or advance, furnish, or lend money for the payment of any license for another. Any licensee who shall permit or assent, or be a party in any way to any violation or infringement of the provisions of this Section shall be deemed guilty of a violation of this Act, and any money loaned contrary to a provision of this Act shall not be recovered back, or any note, mortgage or other evidence of indebtedness, or security, or any lease or contract obtained or made contrary to this Act shall be unenforceable and void.
    This Section shall not apply to airplane licensees exercising powers provided in paragraph (i) of Section 5-1 of this Act.
(Source: P.A. 98-756, eff. 7-16-14; 99-448, eff. 8-24-15.)

235 ILCS 5/6-6.3

    (235 ILCS 5/6-6.3)
    Sec. 6-6.3. Non-alcoholic merchandise.
    (a) Nothing in this Act shall authorize the Illinois Liquor Control Commission to regulate or exercise jurisdiction over any action, transaction, and business of manufacturers, distributors, or retailers engaged in any transaction involving the furnishing, selling, or offering for sale of non-alcoholic merchandise by manufacturers, distributors, or retailers, unless the transaction involves expressed or implied agreements or understandings prohibited by this Act.
    (b) Non-alcoholic merchandise may be sold by a manufacturer class license holder, non-resident dealer, foreign importer, importing distributor, or distributor to a retail licensee if:
        (1) the manufacturer class license holder,
    
non-resident dealer, foreign importer, importing distributor, or distributor is also in business as a bona fide producer or vendor of other merchandise;
        (2) the merchandise is sold at its fair market value;
        (3) the non-alcoholic merchandise is not sold in
    
combination with alcoholic liquor or conditioned on the sale of alcoholic liquor;
        (4) the manufacturer class license holder's,
    
non-resident dealer's, foreign importer's, importing distributor's, or distributor's acquisition or production costs of the non-alcoholic merchandise appear on the manufacturer class license holder's, non-resident dealer's, foreign importer's, importing distributor's, or distributor's purchase invoices or other records;
        (5) the individual selling prices of the
    
non-alcoholic merchandise and alcoholic liquor sold in a single transaction can be determined from commercial documents covering the sales transaction if non-alcoholic merchandise is sold in the same transaction as alcoholic liquor; and
        (6) the price is collected by the manufacturer class
    
license holder, non-resident dealer, foreign importer, or distributor within 30 days of the date of the sale, unless other terms are established in writing between the parties.
    (c) The State Commission may not prohibit the sale of non-alcoholic merchandise if it is sold in the manner in which the non-alcoholic merchandise is sold by a manufacturer or distributor that is not licensed by the State Commission; provided, however, that all invoices for non-alcoholic merchandise sold by a manufacturer class license holder, non-resident dealer, foreign importer, importing distributor, or distributor that is also in business as a bona fide producer or vendor of other merchandise must be in compliance with the books and records requirements of 11 Ill. Adm. Code 100.130. If the non-alcoholic merchandise is sold on the same invoice as an alcoholic liquor product, the 30-day merchandising credit provisions of Section 6-5 of this Act shall apply to the entire transaction, including the non-alcoholic merchandise.
    (d) Except as provided in subsection (f), a manufacturer class license holder, non-resident dealer, foreign importer, importing distributor, or distributor that is also in business as a bona fide producer or vendor of non-alcoholic merchandise shall not condition the sale of its alcoholic liquor on the sale of its non-alcoholic merchandise and shall not combine the sale of its alcoholic liquor with the sale of its non-alcoholic merchandise. A manufacturer class license holder, non-resident dealer, foreign importer, importing distributor, or distributor that is also in business as a bona fide producer or vendor of non-alcoholic merchandise may sell, market, and promote non-alcoholic merchandise in the same manner in which the non-alcoholic merchandise is sold, marketed, or promoted by a manufacturer or distributor not licensed by the State Commission.
    (e) Notwithstanding the prohibited furnishing or providing of fixtures, equipment, and furnishings to retailers as contained in Section 6-6 of this Act, the act of a manufacturer class license holder, non-resident dealer, foreign importer, importing distributor, or distributor furnishing or providing retailers with fixtures, equipment, or furnishings for the limited purpose of storing, servicing, displaying, advertising, furnishing, selling, or aiding in the sale of non-alcoholic merchandise is permitted, only to the extent allowed by this Section, and such fixtures, equipment, and furnishings shall not be used by the retail licensee to store, service, display, advertise, furnish, sell, or aid in the sale of alcoholic liquors. All such fixtures, equipment, or furnishings shall be identified by the retail licensee as being furnished by a manufacturer class license holder, non-resident dealer, foreign importer, importing distributor, or distributor licensed by the State Commission and, if purchased by the retail licensee and sold on the same invoice as alcoholic liquor products, the price must be collected by the manufacturer class license holder, non-resident dealer, foreign importer, importing distributor, or distributor selling the same within 30 days of the date of sale.
    (f) Notwithstanding any provision of this Act to the contrary, a manufacturer class license holder, non-resident dealer, foreign importer, importing distributor, or distributor may package and distribute alcoholic liquor in combination with other non-alcoholic merchandise products if the alcoholic liquor and non-alcoholic merchandise was originally packaged together for ultimate sale to consumers by the manufacturer or agent of the manufacturer as originally packaged by the manufacturer or agent of the manufacturer for ultimate sale to consumers.
(Source: P.A. 99-282, eff. 8-5-15.)

235 ILCS 5/6-6.5

    (235 ILCS 5/6-6.5)
    Sec. 6-6.5. Sanitation. A manufacturer, distributor, or importing distributor may sell coil cleaning services to a retail licensee at fair market cost.
    A manufacturer, distributor, or importing distributor may sell dispensing accessories to retail licensees at a price not less than the cost to the manufacturer, distributor, or importing distributor who initially purchased them. Dispensing accessories include, but are not limited to, items such as standards, faucets, cold plates, rods, vents, taps, tap standards, hoses, washers, couplings, gas gauges, vent tongues, shanks, and check valves.
    Coil cleaning supplies consisting of detergents, cleaning chemicals, brushes, or similar type cleaning devices may be sold at a price not less than the cost to the manufacturer, distributor, or importing distributor.
(Source: P.A. 90-432, eff. 1-1-98.)

235 ILCS 5/6-7

    (235 ILCS 5/6-7) (from Ch. 43, par. 124)
    Sec. 6-7. No manufacturer or distributor or importing distributor or foreign importer shall sell or deliver any package containing alcoholic liquor manufactured or distributed by him unless the same shall have affixed thereto all cancelled revenue stamps which may be provided by Federal law, and shall also bear thereon a clear and legible label containing the name and address of the manufacturer, the kind of alcoholic liquor contained therein, and in the case of alcoholic liquor (other than beer and imported Scotch whiskey and brandy 4 years old or more) the date when manufactured and the minimum alcoholic content thereof. No person or persons, corporation, partnership or firm shall label alcoholic liquor as "whiskey" or "gin" or shall import for sale or shall sell in this State alcoholic liquor labeled as "whiskey" or "gin" unless the entire alcoholic content thereof, except flavoring materials, is a distillate of fermented mash of grain or mixture of grains. Alcoholic liquor of the type of whiskey or gin not conforming to this requirement must be labeled "imitation whiskey" or "imitation gin" (as the case may be). No spirits shall contain any substance, compound or ingredient which is injurious to health or deleterious for human consumption. No package shall be delivered by any manufacturer or distributor or importing distributor or foreign importer unless the same shall be securely sealed so that the contents thereof cannot be removed without breaking the seal so placed thereon by said manufacturer, and no other licensee shall sell, have in his possession, or use any package or container which does not comply with this Section or does not bear evidence that said package, when delivered to him, complied herewith.
(Source: P.A. 82-783.)

235 ILCS 5/6-8

    (235 ILCS 5/6-8) (from Ch. 43, par. 125)
    Sec. 6-8. Each manufacturer or importing distributor or foreign importer shall keep an accurate record of all alcoholic liquors manufactured, distributed, sold, used, or delivered by him in this State during each month, showing therein to whom sold, and shall furnish a copy thereof or a report thereon to the State Commission, as the State Commission may, request.
    Each importing distributor or manufacturer to whom alcoholic liquors imported into this State have been consigned shall effect possession and physical control thereof by storing such alcoholic liquors in the premises wherein such importing distributor or manufacturer is licensed to engage in such business as an importing distributor or manufacturer and to make such alcoholic liquors together with accompanying invoices, bills of lading and receiving tickets available for inspection by an agent or representative of the Department of Revenue and of the State Commission.
    All alcoholic liquor imported into this State must be off-loaded from the common carrier, vehicle, or mode of transportation by which the alcoholic liquor was delivered into this State. The alcoholic liquor shall be stored at the licensed premises of the importing distributor before sale and delivery to licensees in this State. A distributor or importing distributor, upon application to the Commission, may secure a waiver of the provisions of this Section for purposes of delivering beer directly to a licensee holding or otherwise participating in a special event sponsored by a unit of government or a not-for-profit organization.
(Source: P.A. 88-535.)

235 ILCS 5/6-9

    (235 ILCS 5/6-9) (from Ch. 43, par. 126)
    Sec. 6-9. Registration of trade marks; sale within geographical area; delivery to authorized persons. The Legislature hereby finds and declares that for purposes of ensuring the preservation and enhancement of interbrand competition in the alcoholic liquor industry within the State, ensuring that importation and distribution of alcoholic liquor in the State will be subject to thorough and inexpensive monitoring by the State, reducing the importation of illicit or untaxed alcoholic liquor into the State, excluding misbranded alcoholic liquor products from the State, providing incentives to distributors to service and sell to larger numbers of retail licensees in the geographic area where such distributors are engaged in business, and reducing the amount of spoiled and overaged alcoholic liquor products sold to consumers, it is necessary to restrict the purchase of alcoholic liquors at wholesale in the State to those persons selected by the manufacturer, distributor, importing distributor or foreign importer who owns or controls the trade mark, brand or name of the alcoholic liquor products sold to such persons, and to restrict the geographic area or areas within which such persons sell such alcoholic liquor at wholesale, as provided in this Section.
    Each manufacturer, non-resident dealer, distributor, importing distributor, or foreign importer who owns or controls the trade mark, brand or name of any alcoholic liquor shall register with the State Commission, in the Chicago office, on or before the effective date, the name of each person to whom such manufacturer, non-resident dealer, distributor, importing distributor, or foreign importer grants the right to sell at wholesale in this State any such alcoholic liquor, specifying the particular trade mark, brand or name of alcoholic liquor as to which such right is granted, the geographical area or areas for which such right is granted and the period of time for which such rights are granted to such person. Each manufacturer, non-resident dealer, distributor or importing distributor, or foreign importer who is required to register under this Section must furnish a copy of the registration statement at the time of appointment to the person who has been granted the right to sell alcoholic liquor at wholesale. However, if a person who has been appointed the right to sell alcoholic liquor at wholesale does not receive a copy of the registration statement as required under this Section, such person may file a registration statement with the State Commission, provided that the person furnishes a copy of that registration statement to the manufacturer, non-resident dealer, distributor, importing distributor, or foreign importer within 30 days of filing the registration statement. The registration statement shall state:
    (1) the name of the person appointed;
    (2) the name of the manufacturer, non-resident dealer, distributor, importing distributor, or foreign importer from whom the person received the right to sell alcoholic liquor;
    (3) the particular trade mark, brand, or name of alcoholic liquor as to which the right to sell at wholesale is granted; and
    (4) the geographical areas for which the right to sell at wholesale is granted.
    Such manufacturer, non-resident dealer, distributor, importing distributor, or foreign importer may grant the right to sell at wholesale any trade mark, brand or name of any alcoholic liquor in any geographical area to more than one person. If the registration is received after the effective date, the Commission shall treat the date the registration was received in the Chicago office as the effective date. Such registration shall be made on a form prescribed by the State Commission and the State Commission may require such registration to be on a form provided by it.
    A non-resident dealer or foreign importer who is not a manufacturer shall file the registration statement jointly with the manufacturer identifying the person authorized by the manufacturer to sign the registration statement on behalf of the manufacturer.
    No such registration shall be made in any other manner than as is provided in this Section and only those persons registered by the manufacturer, non-resident dealer, distributor, importing distributor or foreign importer, shall have the right to sell at wholesale in this State, the brand of alcoholic liquor specified on the registration form.
    However, a licensed Illinois distributor who has not been registered to sell a brand of alcoholic liquor, but for a period of 2 years prior to November 8, 1979 has been engaged in the purchase of a brand for resale from a licensed Illinois distributor who has the right to sell that brand at wholesale, may continue to purchase and resell the brand at wholesale, and may purchase from the same distributor and resell at wholesale any new brands of the same manufacturer, provided that:
        (1) Within 60 days after November 8, 1979 he
    
identifies the brand which he so purchased to the State Commission and the Commission within 30 days thereafter verifies that the purchases have occurred;
        (2) Thereafter, he notifies the State Commission in
    
writing of any brands of the same manufacturer which he wishes to purchase from the same distributor that were not available for distribution on or before November 8, 1979, and that the Commission within 30 days of such notification verifies that the brand is a new brand of the same manufacturer, and that the same licensed Illinois distributor has the right to sell the new brand at wholesale;
        (3) His licensed business address is within the
    
geographical area for which the licensed Illinois distributor from whom the purchases are made has the right to sell said brand or brands of alcoholic liquor; and
        (4) His sales are made within the geographical area
    
for which the licensed Illinois distributor from whom the purchases are made has the right to sell the brand or brands of alcoholic liquor and only to retail licensees whose licensed premises are located within the aforementioned geographical area.
    No person to whom such right is granted shall sell at wholesale in this State any alcoholic liquor bearing such trade mark, brand or name outside of the geographical area for which such person holds such selling right, as registered with the State Commission, nor shall he sell such alcoholic liquor within such geographical area to a retail licensee if the premises specified in such retailer's license are located outside such geographical area. Any licensed Illinois distributor who has not been granted the right to sell any alcoholic liquor at wholesale and is purchasing alcoholic liquor from a person who has been granted the right to sell at wholesale may sell and deliver only to retail licensees whose licensed premises are within the same geographical area as the person who has been granted the right to sell at wholesale.
    No manufacturer, importing distributor, distributor, non-resident dealer, or foreign importer shall sell or deliver any package containing alcoholic liquor manufactured or distributed by him for resale, unless the person to whom such package is sold or delivered is authorized to receive such package in accordance with the provisions of this Act.
(Source: P.A. 96-482, eff. 8-14-09.)

235 ILCS 5/6-9.1

    (235 ILCS 5/6-9.1)
    Sec. 6-9.1. Deliveries to retail establishments.
    (a) A distributor of wine or spirits shall deliver to any retailer within any geographic area in which that distributor has been granted by a wholesaler the right to sell its trademark, brand, or name at least once every 2 weeks if (i) in the case of a retailer located in a county with a population of at least 3,000,000 inhabitants or in a county adjacent to a county with at least 3,000,000 inhabitants, the retailer agrees to purchase at least $200 of wine or spirits from the distributor every 2 weeks; or (ii) in the case of a retailer located in a county with a population of less than 3,000,000 that is not adjacent to a county with a population of at least 3,000,000 inhabitants, the retailer agrees to purchase at least $50 of wine or spirits from the distributor every 2 weeks.
    (b) On January 1, 2002 and every 2 years thereafter, the dollar amounts in items (i) and (ii) of subsection (a) shall be increased or decreased by a percentage equal to the percentage increase or decrease in the Consumer Price Index during the previous 2 years according to the most recent available data.
(Source: P.A. 91-482, eff. 1-1-00.)

235 ILCS 5/6-10

    (235 ILCS 5/6-10) (from Ch. 43, par. 126a)
    Sec. 6-10. Books and records available for investigation and control; maintenance. It shall be the duty of every retail licensee to make books and records available upon reasonable notice for the purpose of investigation and control by the Illinois Liquor Control Commission or any local liquor control commission having jurisdiction over the licensee. Such books and records need not be maintained on the licensed premises, but must be maintained in the State of Illinois; however, if access is available electronically, the books and records may be maintained out of state. However, all original invoices or copies thereof covering purchases of alcoholic liquor must be retained on the licensed premises for a period of 90 days after such purchase, unless the Commission has granted a waiver in response to a written request in cases where records are kept at a central business location within the State of Illinois or in cases where books and records that are available electronically are maintained out of state.
(Source: P.A. 89-250, eff. 1-1-96.)

235 ILCS 5/6-11

    (235 ILCS 5/6-11)
    (Text of Section from P.A. 99-46 and 99-47)
    Sec. 6-11. Sale near churches, schools, and hospitals.
    (a) No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children or any military or naval station, provided, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where sale of alcoholic liquors is not the principal business carried on if the place of business so exempted is not located in a municipality of more than 500,000 persons, unless required by local ordinance; nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within 100 feet of any church or school where the church or school has been established within such 100 feet since the issuance of the original license. In the case of a church, the distance of 100 feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries.
    (b) Nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor to a restaurant, the primary business of which is the sale of goods baked on the premises if (i) the restaurant is newly constructed and located on a lot of not less than 10,000 square feet, (ii) the restaurant costs at least $1,000,000 to construct, (iii) the licensee is the titleholder to the premises and resides on the premises, and (iv) the construction of the restaurant is completed within 18 months of the effective date of this amendatory Act of 1998.
    (c) Nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor incidental to a restaurant if (1) the primary business of the restaurant consists of the sale of food where the sale of liquor is incidental to the sale of food and the applicant is a completely new owner of the restaurant, (2) the immediately prior owner or operator of the premises where the restaurant is located operated the premises as a restaurant and held a valid retail license authorizing the sale of alcoholic liquor at the restaurant for at least part of the 24 months before the change of ownership, and (3) the restaurant is located 75 or more feet from a school.
    (d) In the interest of further developing Illinois' economy in the area of commerce, tourism, convention, and banquet business, nothing in this Section shall prohibit issuance of a retail license authorizing the sale of alcoholic beverages to a restaurant, banquet facility, grocery store, or hotel having not fewer than 150 guest room accommodations located in a municipality of more than 500,000 persons, notwithstanding the proximity of such hotel, restaurant, banquet facility, or grocery store to any church or school, if the licensed premises described on the license are located within an enclosed mall or building of a height of at least 6 stories, or 60 feet in the case of a building that has been registered as a national landmark, or in a grocery store having a minimum of 56,010 square feet of floor space in a single story building in an open mall of at least 3.96 acres that is adjacent to a public school that opened as a boys technical high school in 1934, or in a grocery store having a minimum of 31,000 square feet of floor space in a single story building located a distance of more than 90 feet but less than 100 feet from a high school that opened in 1928 as a junior high school and became a senior high school in 1933, and in each of these cases if the sale of alcoholic liquors is not the principal business carried on by the licensee.
    For purposes of this Section, a "banquet facility" is any part of a building that caters to private parties and where the sale of alcoholic liquors is not the principal business.
    (e) Nothing in this Section shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors.
    (f) Nothing in this Section shall prohibit a church or church affiliated school located in a home rule municipality or in a municipality with 75,000 or more inhabitants from locating within 100 feet of a property for which there is a preexisting license to sell alcoholic liquor at retail. In these instances, the local zoning authority may, by ordinance adopted simultaneously with the granting of an initial special use zoning permit for the church or church affiliated school, provide that the 100-foot restriction in this Section shall not apply to that church or church affiliated school and future retail liquor licenses.
    (g) Nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor at premises within 100 feet, but not less than 90 feet, of a public school if (1) the premises have been continuously licensed to sell alcoholic liquor for a period of at least 50 years, (2) the premises are located in a municipality having a population of over 500,000 inhabitants, (3) the licensee is an individual who is a member of a family that has held the previous 3 licenses for that location for more than 25 years, (4) the principal of the school and the alderman of the ward in which the school is located have delivered a written statement to the local liquor control commissioner stating that they do not object to the issuance of a license under this subsection (g), and (5) the local liquor control commissioner has received the written consent of a majority of the registered voters who live within 200 feet of the premises.
    (h) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within premises and at an outdoor patio area attached to premises that are located in a municipality with a population in excess of 300,000 inhabitants and that are within 100 feet of a church if:
        (1) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food,
        (2) the sale of liquor is not the principal business
    
carried on by the licensee at the premises,
        (3) the premises are less than 1,000 square feet,
        (4) the premises are owned by the University of
    
Illinois,
        (5) the premises are immediately adjacent to property
    
owned by a church and are not less than 20 nor more than 40 feet from the church space used for worship services, and
        (6) the principal religious leader at the place of
    
worship has indicated his or her support for the issuance of the license in writing.
    (i) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 300,000 inhabitants and is within 100 feet of a church, synagogue, or other place of worship if:
        (1) the primary entrance of the premises and the
    
primary entrance of the church, synagogue, or other place of worship are at least 100 feet apart, on parallel streets, and separated by an alley; and
        (2) the principal religious leader at the place of
    
worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
    (j) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor at a theater that is within 100 feet of a church if (1) the church owns the theater, (2) the church leases the theater to one or more entities, and (3) the theater is used by at least 5 different not-for-profit theater groups.
    (k) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
        (1) the primary entrance of the premises and the
    
primary entrance of the school are parallel, on different streets, and separated by an alley;
        (2) the southeast corner of the premises are at least
    
350 feet from the southwest corner of the school;
        (3) the school was built in 1978;
        (4) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (5) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (6) the applicant is the owner of the restaurant and
    
has held a valid license authorizing the sale of alcoholic liquor for the business to be conducted on the premises at a different location for more than 7 years; and
        (7) the premises is at least 2,300 square feet and
    
sits on a lot that is between 6,100 and 6,150 square feet.
    (l) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a church or school if:
        (1) the primary entrance of the premises and the
    
closest entrance of the church or school is at least 90 feet apart and no greater than 95 feet apart;
        (2) the shortest distance between the premises and
    
the church or school is at least 80 feet apart and no greater than 85 feet apart;
        (3) the applicant is the owner of the restaurant and
    
on November 15, 2006 held a valid license authorizing the sale of alcoholic liquor for the business to be conducted on the premises for at least 14 different locations;
        (4) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (5) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (6) the premises is at least 3,200 square feet and
    
sits on a lot that is between 7,150 and 7,200 square feet; and
        (7) the principal religious leader at the place of
    
worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
    (m) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a church if:
        (1) the premises and the church are perpendicular,
    
and the primary entrance of the premises faces South while the primary entrance of the church faces West and the distance between the two entrances is more than 100 feet;
        (2) the shortest distance between the premises lot
    
line and the exterior wall of the church is at least 80 feet;
        (3) the church was established at the current
    
location in 1916 and the present structure was erected in 1925;
        (4) the premises is a single story, single use
    
building with at least 1,750 square feet and no more than 2,000 square feet;
        (5) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (6) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises; and
        (7) the principal religious leader at the place of
    
worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
    (n) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
        (1) the school is a City of Chicago School District
    
299 school;
        (2) the school is located within subarea E of City of
    
Chicago Residential Business Planned Development Number 70;
        (3) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee on the premises;
        (4) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food; and
        (5) the administration of City of Chicago School
    
District 299 has expressed, in writing, its support for the issuance of the license.
    (o) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a retail license authorizing the sale of alcoholic liquor at a premises that is located within a municipality in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (2) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (3) the premises is located on a street that runs
    
perpendicular to the street on which the church is located;
        (4) the primary entrance of the premises is at least
    
100 feet from the primary entrance of the church;
        (5) the shortest distance between any part of the
    
premises and any part of the church is at least 60 feet;
        (6) the premises is between 3,600 and 4,000 square
    
feet and sits on a lot that is between 3,600 and 4,000 square feet; and
        (7) the premises was built in the year 1909.
    For purposes of this subsection (o), "premises" means a place of business together with a privately owned outdoor location that is adjacent to the place of business.
    (p) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the shortest distance between the backdoor of the
    
premises, which is used as an emergency exit, and the church is at least 80 feet;
        (2) the church was established at the current
    
location in 1889; and
        (3) liquor has been sold on the premises since at
    
least 1985.
    (q) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church-owned property if:
        (1) the premises is located within a larger building
    
operated as a grocery store;
        (2) the area of the premises does not exceed 720
    
square feet and the area of the larger building exceeds 18,000 square feet;
        (3) the larger building containing the premises is
    
within 100 feet of the nearest property line of a church-owned property on which a church-affiliated school is located;
        (4) the sale of liquor is not the principal business
    
carried on within the larger building;
        (5) the primary entrance of the larger building and
    
the premises and the primary entrance of the church-affiliated school are on different, parallel streets, and the distance between the 2 primary entrances is more than 100 feet;
        (6) the larger building is separated from the
    
church-owned property and church-affiliated school by an alley;
        (7) the larger building containing the premises and
    
the church building front are on perpendicular streets and are separated by a street; and
        (8) (Blank).
    (r) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance, renewal, or maintenance of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the primary entrance of the church and the
    
primary entrance of the restaurant are at least 100 feet apart;
        (2) the restaurant has operated on the ground floor
    
and lower level of a multi-story, multi-use building for more than 40 years;
        (3) the primary business of the restaurant consists
    
of the sale of food where the sale of liquor is incidental to the sale of food;
        (4) the sale of alcoholic liquor is conducted
    
primarily in the below-grade level of the restaurant to which the only public access is by a staircase located inside the restaurant; and
        (5) the restaurant has held a license authorizing the
    
sale of alcoholic liquor on the premises for more than 40 years.
    (s) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population more than 5,000 and less than 10,000 and is within 100 feet of a church if:
        (1) the church was established at the location within
    
100 feet of the premises after a license for the sale of alcoholic liquor at the premises was first issued;
        (2) a license for sale of alcoholic liquor at the
    
premises was first issued before January 1, 2007; and
        (3) a license for the sale of alcoholic liquor on
    
the premises has been continuously in effect since January 1, 2007, except for interruptions between licenses of no more than 90 days.
    (t) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant that is established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school and a church if:
        (1) the restaurant is located inside a five-story
    
building with over 16,800 square feet of commercial space;
        (2) the area of the premises does not exceed 31,050
    
square feet;
        (3) the area of the restaurant does not exceed 5,800
    
square feet;
        (4) the building has no less than 78 condominium
    
units;
        (5) the construction of the building in which the
    
restaurant is located was completed in 2006;
        (6) the building has 10 storefront properties, 3 of
    
which are used for the restaurant;
        (7) the restaurant will open for business in 2010;
        (8) the building is north of the school and separated
    
by an alley; and
        (9) the principal religious leader of the church and
    
either the alderman of the ward in which the school is located or the principal of the school have delivered a written statement to the local liquor control commissioner stating that he or she does not object to the issuance of a license under this subsection (t).
    (u) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the premises operates as a restaurant and has
    
been in operation since February 2008;
        (2) the applicant is the owner of the premises;
        (3) the sale of alcoholic liquor is incidental to the
    
sale of food;
        (4) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee on the premises;
        (5) the premises occupy the first floor of a 3-story
    
building that is at least 90 years old;
        (6) the rear lot of the school and the rear corner of
    
the building that the premises occupy are separated by an alley;
        (7) the distance from the southwest corner of the
    
property line of the school and the northeast corner of the building that the premises occupy is at least 16 feet, 5 inches;
        (8) the distance from the rear door of the premises
    
to the southwest corner of the property line of the school is at least 93 feet;
        (9) the school is a City of Chicago School District
    
299 school;
        (10) the school's main structure was erected in 1902
    
and an addition was built to the main structure in 1959; and
        (11) the principal of the school and the alderman in
    
whose district the premises are located have expressed, in writing, their support for the issuance of the license.
    (v) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
        (1) the total land area of the premises for which the
    
license or renewal is sought is more than 600,000 square feet;
        (2) the premises for which the license or renewal is
    
sought has more than 600 parking stalls;
        (3) the total area of all buildings on the premises
    
for which the license or renewal is sought exceeds 140,000 square feet;
        (4) the property line of the premises for which the
    
license or renewal is sought is separated from the property line of the school by a street;
        (5) the distance from the school's property line to
    
the property line of the premises for which the license or renewal is sought is at least 60 feet;
        (6) as of the effective date of this amendatory Act
    
of the 97th General Assembly, the premises for which the license or renewal is sought is located in the Illinois Medical District.
    (w) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (2) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (3) the premises occupy the first floor and basement
    
of a 2-story building that is 106 years old;
        (4) the premises is at least 7,000 square feet and
    
located on a lot that is at least 11,000 square feet;
        (5) the premises is located directly west of the
    
church, on perpendicular streets, and separated by an alley;
        (6) the distance between the property line of the
    
premises and the property line of the church is at least 20 feet;
        (7) the distance between the primary entrance of the
    
premises and the primary entrance of the church is at least 130 feet; and
        (8) the church has been at its location for at least
    
40 years.
    (x) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the church has been operating in its current
    
location since 1973;
        (3) the premises has been operating in its current
    
location since 1988;
        (4) the church and the premises are owned by the same
    
parish;
        (5) the premises is used for cultural and educational
    
purposes;
        (6) the primary entrance to the premises and the
    
primary entrance to the church are located on the same street;
        (7) the principal religious leader of the church has
    
indicated his support of the issuance of the license;
        (8) the premises is a 2-story building of
    
approximately 23,000 square feet; and
        (9) the premises houses a ballroom on its ground
    
floor of approximately 5,000 square feet.
    (y) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (3) according to the municipality, the distance
    
between the east property line of the premises and the west property line of the school is 97.8 feet;
        (4) the school is a City of Chicago School District
    
299 school;
        (5) the school has been operating since 1959;
        (6) the primary entrance to the premises and the
    
primary entrance to the school are located on the same street;
        (7) the street on which the entrances of the premises
    
and the school are located is a major diagonal thoroughfare;
        (8) the premises is a single-story building of
    
approximately 2,900 square feet; and
        (9) the premises is used for commercial purposes only.
    (z) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a mosque if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors at
    
the premises;
        (3) the licensee is a national retail chain having
    
over 100 locations within the municipality;
        (4) the licensee has over 8,000 locations nationwide;
        (5) the licensee has locations in all 50 states;
        (6) the premises is located in the North-East
    
quadrant of the municipality;
        (7) the premises is a free-standing building that has
    
"drive-through" pharmacy service;
        (8) the premises has approximately 14,490 square feet
    
of retail space;
        (9) the premises has approximately 799 square feet of
    
pharmacy space;
        (10) the premises is located on a major arterial
    
street that runs east-west and accepts truck traffic; and
        (11) the alderman of the ward in which the premises
    
is located has expressed, in writing, his or her support for the issuance of the license.
    (aa) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors at
    
the premises;
        (3) the licensee is a national retail chain having
    
over 100 locations within the municipality;
        (4) the licensee has over 8,000 locations nationwide;
        (5) the licensee has locations in all 50 states;
        (6) the premises is located in the North-East
    
quadrant of the municipality;
        (7) the premises is located across the street from a
    
national grocery chain outlet;
        (8) the premises has approximately 16,148 square feet
    
of retail space;
        (9) the premises has approximately 992 square feet of
    
pharmacy space;
        (10) the premises is located on a major arterial
    
street that runs north-south and accepts truck traffic; and
        (11) the alderman of the ward in which the premises
    
is located has expressed, in writing, his or her support for the issuance of the license.
    (bb) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (3) the primary entrance to the premises and the
    
primary entrance to the church are located on the same street;
        (4) the premises is across the street from the church;
        (5) the street on which the premises and the church
    
are located is a major arterial street that runs east-west;
        (6) the church is an elder-led and Bible-based
    
Assyrian church;
        (7) the premises and the church are both single-story
    
buildings;
        (8) the storefront directly west of the church is
    
being used as a restaurant; and
        (9) the distance between the northern-most property
    
line of the premises and the southern-most property line of the church is 65 feet.
    (cc) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors at
    
the premises;
        (3) the licensee is a national retail chain;
        (4) as of October 25, 2011, the licensee has 1,767
    
stores operating nationwide, 87 stores operating in the State, and 10 stores operating within the municipality;
        (5) the licensee shall occupy approximately 124,000
    
square feet of space in the basement and first and second floors of a building located across the street from a school;
        (6) the school opened in August of 2009 and occupies
    
approximately 67,000 square feet of space; and
        (7) the building in which the premises shall be
    
located has been listed on the National Register of Historic Places since April 17, 1970.
    (dd) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
        (1) the premises is constructed on land that was
    
purchased from the municipality at a fair market price;
        (2) the premises is constructed on land that was
    
previously used as a parking facility for public safety employees;
        (3) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (4) the main entrance to the store is more than 100
    
feet from the main entrance to the school;
        (5) the premises is to be new construction;
        (6) the school is a private school;
        (7) the principal of the school has given written
    
approval for the license;
        (8) the alderman of the ward where the premises is
    
located has given written approval of the issuance of the license;
        (9) the grocery store level of the premises is
    
between 60,000 and 70,000 square feet; and
        (10) the owner and operator of the grocery store
    
operates 2 other grocery stores that have alcoholic liquor licenses within the same municipality.
    (ee) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
        (1) the premises is constructed on land that once
    
contained an industrial steel facility;
        (2) the premises is located on land that has
    
undergone environmental remediation;
        (3) the premises is located within a retail complex
    
containing retail stores where some of the stores sell alcoholic beverages;
        (4) the principal activity of any restaurant in the
    
retail complex is the sale of food, and the sale of alcoholic liquor is incidental to the sale of food;
        (5) the sale of alcoholic liquor is not the principal
    
business carried on by the grocery store;
        (6) the entrance to any business that sells alcoholic
    
liquor is more than 100 feet from the entrance to the school;
        (7) the alderman of the ward where the premises is
    
located has given written approval of the issuance of the license; and
        (8) the principal of the school has given written
    
consent to the issuance of the license.
    (ff) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on at the premises;
        (2) the sale of alcoholic liquor at the premises is
    
incidental to the operation of a theater;
        (3) the premises is a one and one-half-story building
    
of approximately 10,000 square feet;
        (4) the school is a City of Chicago School District
    
299 school;
        (5) the primary entrance of the premises and the
    
primary entrance of the school are at least 300 feet apart and no more than 400 feet apart;
        (6) the alderman of the ward in which the premises is
    
located has expressed, in writing, his support for the issuance of the license; and
        (7) the principal of the school has expressed, in
    
writing, that there is no objection to the issuance of a license under this subsection (ff).
    (gg) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant or banquet facility established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the property on which the church is located and
    
the property on which the premises are located are both within a district originally listed on the National Register of Historic Places on February 14, 1979;
        (3) the property on which the premises are located
    
contains one or more multi-story buildings that are at least 95 years old and have no more than three stories;
        (4) the building in which the church is located is at
    
least 120 years old;
        (5) the property on which the church is located is
    
immediately adjacent to and west of the property on which the premises are located;
        (6) the western boundary of the property on which the
    
premises are located is no less than 118 feet in length and no more than 122 feet in length;
        (7) as of December 31, 2012, both the church property
    
and the property on which the premises are located are within 250 feet of City of Chicago Business-Residential Planned Development Number 38;
        (8) the principal religious leader at the place of
    
worship has indicated his or her support for the issuance of the license in writing; and
        (9) the alderman in whose district the premises are
    
located has expressed his or her support for the issuance of the license in writing.
    For the purposes of this subsection, "banquet facility" means the part of the building that is located on the floor above a restaurant and caters to private parties and where the sale of alcoholic liquors is not the principal business.
    (hh) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a hotel and at an outdoor patio area attached to the hotel that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a hospital if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the hotel;
        (2) the hotel is located within the City of Chicago
    
Business Planned Development Number 468; and
        (3) the hospital is located within the City of
    
Chicago Institutional Planned Development Number 3.
    (ii) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a restaurant and at an outdoor patio area attached to the restaurant that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a church if:
        (1) the sale of alcoholic liquor at the premises is
    
not the principal business carried on by the licensee and is incidental to the sale of food;
        (2) the restaurant has been operated on the street
    
level of a 2-story building located on a corner lot since 2008;
        (3) the restaurant is between 3,700 and 4,000 square
    
feet and sits on a lot that is no more than 6,200 square feet;
        (4) the primary entrance to the restaurant and the
    
primary entrance to the church are located on the same street;
        (5) the street on which the restaurant and the church
    
are located is a major east-west street;
        (6) the restaurant and the church are separated by a
    
one-way northbound street;
        (7) the church is located to the west of and no more
    
than 65 feet from the restaurant; and
        (8) the principal religious leader at the place of
    
worship has indicated his or her consent to the issuance of the license in writing.
    (jj) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor is incidental to the
    
sale of food;
        (3) the premises are located east of the church, on
    
perpendicular streets, and separated by an alley;
        (4) the distance between the primary entrance of the
    
premises and the primary entrance of the church is at least 175 feet;
        (5) the distance between the property line of the
    
premises and the property line of the church is at least 40 feet;
        (6) the licensee has been operating at the premises
    
since 2012;
        (7) the church was constructed in 1904;
        (8) the alderman of the ward in which the premises is
    
located has expressed, in writing, his or her support for the issuance of the license; and
        (9) the principal religious leader of the church has
    
delivered a written statement that he or she does not object to the issuance of a license under this subsection (jj).
    (kk) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors on
    
the premises;
        (3) the licensee is a national retail chain;
        (4) as of February 27, 2013, the licensee had 1,778
    
stores operating nationwide, 89 operating in this State, and 11 stores operating within the municipality;
        (5) the licensee shall occupy approximately 169,048
    
square feet of space within a building that is located across the street from a tuition-based preschool; and
        (6) the alderman of the ward in which the premises is
    
located has expressed, in writing, his or her support for the issuance of the license.
    (ll) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors on
    
the premises;
        (3) the licensee is a national retail chain;
        (4) as of February 27, 2013, the licensee had 1,778
    
stores operating nationwide, 89 operating in this State, and 11 stores operating within the municipality;
        (5) the licensee shall occupy approximately 191,535
    
square feet of space within a building that is located across the street from an elementary school; and
        (6) the alderman of the ward in which the premises is
    
located has expressed, in writing, his or her support for the issuance of the license.
    (mm) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within premises and at an outdoor patio or sidewalk cafe, or both, attached to premises that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a hospital if:
        (1) the primary business of the restaurant consists
    
of the sale of food where the sale of liquor is incidental to the sale of food;
        (2) as a restaurant, the premises may or may not
    
offer catering as an incidental part of food service;
        (3) the primary business of the restaurant is
    
conducted in space owned by a hospital or an entity owned or controlled by, under common control with, or that controls a hospital, and the chief hospital administrator has expressed his or her support for the issuance of the license in writing; and
        (4) the hospital is an adult acute care facility
    
primarily located within the City of Chicago Institutional Planned Development Number 3.
    (nn) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried out on the premises;
        (2) the sale of alcoholic liquor at the premises is
    
incidental to the operation of a theater;
        (3) the premises are a building that was constructed
    
in 1913 and opened on May 24, 1915 as a vaudeville theater, and the premises were converted to a motion picture theater in 1935;
        (4) the church was constructed in 1889 with a stone
    
exterior;
        (5) the primary entrance of the premises and the
    
primary entrance of the church are at least 100 feet apart; and
        (6) the principal religious leader at the place of
    
worship has indicated his or her consent to the issuance of the license in writing; and
        (7) the alderman in whose ward the premises are
    
located has expressed his or her support for the issuance of the license in writing.
    (oo) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a mosque, church, or other place of worship if:
        (1) the primary entrance of the premises and the
    
primary entrance of the mosque, church, or other place of worship are perpendicular and are on different streets;
        (2) the primary entrance to the premises faces West
    
and the primary entrance to the mosque, church, or other place of worship faces South;
        (3) the distance between the 2 primary entrances is
    
at least 100 feet;
        (4) the mosque, church, or other place of worship was
    
established in a location within 100 feet of the premises after a license for the sale of alcohol at the premises was first issued;
        (5) the mosque, church, or other place of worship was
    
established on or around January 1, 2011;
        (6) a license for the sale of alcohol at the premises
    
was first issued on or before January 1, 1985;
        (7) a license for the sale of alcohol at the premises
    
has been continuously in effect since January 1, 1985, except for interruptions between licenses of no more than 90 days; and
        (8) the premises are a single-story, single-use
    
building of at least 3,000 square feet and no more than 3,380 square feet.
    (pp) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant or banquet facility established on premises that are located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of at least one church if:
        (1) the sale of liquor shall not be the principal
    
business carried on by the licensee at the premises;
        (2) the premises are at least 2,000 square feet and
    
no more than 10,000 square feet and is located in a single-story building;
        (3) the property on which the premises are located is
    
within an area that, as of 2009, was designated as a Renewal Community by the United States Department of Housing and Urban Development;
        (4) the property on which the premises are located
    
and the properties on which the churches are located are on the same street;
        (5) the property on which the premises are located is
    
immediately adjacent to and east of the property on which at least one of the churches is located;
        (6) the property on which the premises are located is
    
across the street and southwest of the property on which another church is located;
        (7) the principal religious leaders of the churches
    
have indicated their support for the issuance of the license in writing; and
        (8) the alderman in whose ward the premises are
    
located has expressed his or her support for the issuance of the license in writing.
    For purposes of this subsection (pp), "banquet facility" means the part of the building that caters to private parties and where the sale of alcoholic liquors is not the principal business.
    (qq) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor on premises that are located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church or school if:
        (1) the primary entrance of the premises and the
    
closest entrance of the church or school are at least 200 feet apart and no greater than 300 feet apart;
        (2) the shortest distance between the premises and
    
the church or school is at least 66 feet apart and no greater than 81 feet apart;
        (3) the premises are a single-story, steel-framed
    
commercial building with at least 18,042 square feet, and was constructed in 1925 and 1997;
        (4) the owner of the business operated within the
    
premises has been the general manager of a similar supermarket within one mile from the premises, which has had a valid license authorizing the sale of alcoholic liquor since 2002, and is in good standing with the City of Chicago;
        (5) the principal religious leader at the place of
    
worship has indicated his or her support to the issuance or renewal of the license in writing;
        (6) the alderman of the ward has indicated his or her
    
support to the issuance or renewal of the license in writing; and
        (7) the principal of the school has indicated his or
    
her support to the issuance or renewal of the license in writing.
    (rr) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a club that leases space to a school if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried out on the premises;
        (2) the sale of alcoholic liquor at the premises is
    
incidental to the operation of a grocery store;
        (3) the premises are a building of approximately
    
1,750 square feet and is rented by the owners of the grocery store from a family member;
        (4) the property line of the premises is
    
approximately 68 feet from the property line of the club;
        (5) the primary entrance of the premises and the
    
primary entrance of the club where the school leases space are at least 100 feet apart;
        (6) the director of the club renting space to the
    
school has indicated his or her consent to the issuance of the license in writing; and
        (7) the alderman in whose district the premises are
    
located has expressed his or her support for the issuance of the license in writing.
    (ss) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the premises are located within a 15 unit
    
building with 13 residential apartments and 2 commercial spaces, and the licensee will occupy both commercial spaces;
        (2) a restaurant has been operated on the premises
    
since June 2011;
        (3) the restaurant currently occupies 1,075 square
    
feet, but will be expanding to include 975 additional square feet;
        (4) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (5) the premises are located south of the church and
    
on the same street and are separated by a one-way westbound street;
        (6) the primary entrance of the premises is at least
    
93 feet from the primary entrance of the church;
        (7) the shortest distance between any part of the
    
premises and any part of the church is at least 72 feet;
        (8) the building in which the restaurant is located
    
was built in 1910;
        (9) the alderman of the ward in which the premises
    
are located has expressed, in writing, his or her support for the issuance of the license; and
        (10) the principal religious leader of the church has
    
delivered a written statement that he or she does not object to the issuance of a license under this subsection (ss).
    (tt) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor is incidental to the
    
sale of food;
        (3) the sale of alcoholic liquor at the premises was
    
previously authorized by a package goods liquor license;
        (4) the premises are at least 40,000 square feet with
    
25 parking spaces in the contiguous surface lot to the north of the store and 93 parking spaces on the roof;
        (5) the shortest distance between the lot line of the
    
parking lot of the premises and the exterior wall of the church is at least 80 feet;
        (6) the distance between the building in which the
    
church is located and the building in which the premises are located is at least 180 feet;
        (7) the main entrance to the church faces west and is
    
at least 257 feet from the main entrance of the premises; and
        (8) the applicant is the owner of 10 similar grocery
    
stores within the City of Chicago and the surrounding area and has been in business for more than 30 years.
    (uu) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor is incidental to the
    
operation of a grocery store;
        (3) the premises are located in a building that is
    
approximately 68,000 square feet with 157 parking spaces on property that was previously vacant land;
        (4) the main entrance to the church faces west and is
    
at least 500 feet from the entrance of the premises, which faces north;
        (5) the church and the premises are separated by an
    
alley;
        (6) the applicant is the owner of 9 similar grocery
    
stores in the City of Chicago and the surrounding area and has been in business for more than 40 years; and
        (7) the alderman of the ward in which the premises
    
are located has expressed, in writing, his or her support for the issuance of the license.
    (vv) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is the principal
    
business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor is primary to the
    
sale of food;
        (3) the premises are located south of the church and
    
on perpendicular streets and are separated by a driveway;
        (4) the primary entrance of the premises is at least
    
100 feet from the primary entrance of the church;
        (5) the shortest distance between any part of the
    
premises and any part of the church is at least 15 feet;
        (6) the premises are less than 100 feet from the
    
church center, but greater than 100 feet from the area within the building where church services are held;
        (7) the premises are 25,830 square feet and sit on a
    
lot that is 0.48 acres;
        (8) the premises were once designated as a Korean
    
American Presbyterian Church and were once used as a Masonic Temple;
        (9) the premises were built in 1910;
        (10) the alderman of the ward in which the premises
    
are located has expressed, in writing, his or her support for the issuance of the license; and
        (11) the principal religious leader of the church has
    
delivered a written statement that he or she does not object to the issuance of a license under this subsection (vv).
    For the purposes of this subsection (vv), "premises" means a place of business together with a privately owned outdoor location that is adjacent to the place of business.
    (ww) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the school is located within Sub Area III of City
    
of Chicago Residential-Business Planned Development Number 523, as amended; and
        (2) the premises are located within Sub Area I, Sub
    
Area II, or Sub Area IV of City of Chicago Residential-Business Planned Development Number 523, as amended.
    (xx) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of wine or wine-related products is the
    
exclusive business carried on by the licensee at the premises;
        (2) the primary entrance of the premises and the
    
primary entrance of the church are at least 100 feet apart and are located on different streets;
        (3) the building in which the premises are located
    
and the building in which the church is located are separated by an alley;
        (4) the premises consists of less than 2,000 square
    
feet of floor area dedicated to the sale of wine or wine-related products;
        (5) the premises are located on the first floor of a
    
2-story building that is at least 99 years old and has a residential unit on the second floor; and
        (6) the principal religious leader at the church has
    
indicated his or her support for the issuance or renewal of the license in writing.
(Source: P.A. 98-274, eff. 8-9-13; 98-463, eff. 8-16-13; 98-571, eff. 8-27-13; 98-592, eff. 11-15-13; 98-1092, eff. 8-26-14; 98-1158, eff. 1-9-15; 99-46, eff. 7-15-15; 99-47, eff. 7-15-15.)
 
    (Text of Section from P.A. 99-477)
    Sec. 6-11. Sale near churches, schools, and hospitals.
    (a) No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children or any military or naval station, provided, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where sale of alcoholic liquors is not the principal business carried on if the place of business so exempted is not located in a municipality of more than 500,000 persons, unless required by local ordinance; nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within 100 feet of any church or school where the church or school has been established within such 100 feet since the issuance of the original license. In the case of a church, the distance of 100 feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries.
    (b) Nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor to a restaurant, the primary business of which is the sale of goods baked on the premises if (i) the restaurant is newly constructed and located on a lot of not less than 10,000 square feet, (ii) the restaurant costs at least $1,000,000 to construct, (iii) the licensee is the titleholder to the premises and resides on the premises, and (iv) the construction of the restaurant is completed within 18 months of the effective date of this amendatory Act of 1998.
    (c) Nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor incidental to a restaurant if (1) the primary business of the restaurant consists of the sale of food where the sale of liquor is incidental to the sale of food and the applicant is a completely new owner of the restaurant, (2) the immediately prior owner or operator of the premises where the restaurant is located operated the premises as a restaurant and held a valid retail license authorizing the sale of alcoholic liquor at the restaurant for at least part of the 24 months before the change of ownership, and (3) the restaurant is located 75 or more feet from a school.
    (d) In the interest of further developing Illinois' economy in the area of commerce, tourism, convention, and banquet business, nothing in this Section shall prohibit issuance of a retail license authorizing the sale of alcoholic beverages to a restaurant, banquet facility, grocery store, or hotel having not fewer than 150 guest room accommodations located in a municipality of more than 500,000 persons, notwithstanding the proximity of such hotel, restaurant, banquet facility, or grocery store to any church or school, if the licensed premises described on the license are located within an enclosed mall or building of a height of at least 6 stories, or 60 feet in the case of a building that has been registered as a national landmark, or in a grocery store having a minimum of 56,010 square feet of floor space in a single story building in an open mall of at least 3.96 acres that is adjacent to a public school that opened as a boys technical high school in 1934, or in a grocery store having a minimum of 31,000 square feet of floor space in a single story building located a distance of more than 90 feet but less than 100 feet from a high school that opened in 1928 as a junior high school and became a senior high school in 1933, and in each of these cases if the sale of alcoholic liquors is not the principal business carried on by the licensee.
    For purposes of this Section, a "banquet facility" is any part of a building that caters to private parties and where the sale of alcoholic liquors is not the principal business.
    (e) Nothing in this Section shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors.
    (f) Nothing in this Section shall prohibit a church or church affiliated school located in a home rule municipality or in a municipality with 75,000 or more inhabitants from locating within 100 feet of a property for which there is a preexisting license to sell alcoholic liquor at retail. In these instances, the local zoning authority may, by ordinance adopted simultaneously with the granting of an initial special use zoning permit for the church or church affiliated school, provide that the 100-foot restriction in this Section shall not apply to that church or church affiliated school and future retail liquor licenses.
    (g) Nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor at premises within 100 feet, but not less than 90 feet, of a public school if (1) the premises have been continuously licensed to sell alcoholic liquor for a period of at least 50 years, (2) the premises are located in a municipality having a population of over 500,000 inhabitants, (3) the licensee is an individual who is a member of a family that has held the previous 3 licenses for that location for more than 25 years, (4) the principal of the school and the alderman of the ward in which the school is located have delivered a written statement to the local liquor control commissioner stating that they do not object to the issuance of a license under this subsection (g), and (5) the local liquor control commissioner has received the written consent of a majority of the registered voters who live within 200 feet of the premises.
    (h) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within premises and at an outdoor patio area attached to premises that are located in a municipality with a population in excess of 300,000 inhabitants and that are within 100 feet of a church if:
        (1) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food,
        (2) the sale of liquor is not the principal business
    
carried on by the licensee at the premises,
        (3) the premises are less than 1,000 square feet,
        (4) the premises are owned by the University of
    
Illinois,
        (5) the premises are immediately adjacent to property
    
owned by a church and are not less than 20 nor more than 40 feet from the church space used for worship services, and
        (6) the principal religious leader at the place of
    
worship has indicated his or her support for the issuance of the license in writing.
    (i) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 300,000 inhabitants and is within 100 feet of a church, synagogue, or other place of worship if:
        (1) the primary entrance of the premises and the
    
primary entrance of the church, synagogue, or other place of worship are at least 100 feet apart, on parallel streets, and separated by an alley; and
        (2) the principal religious leader at the place of
    
worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
    (j) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor at a theater that is within 100 feet of a church if (1) the church owns the theater, (2) the church leases the theater to one or more entities, and (3) the theater is used by at least 5 different not-for-profit theater groups.
    (k) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
        (1) the primary entrance of the premises and the
    
primary entrance of the school are parallel, on different streets, and separated by an alley;
        (2) the southeast corner of the premises are at least
    
350 feet from the southwest corner of the school;
        (3) the school was built in 1978;
        (4) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (5) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (6) the applicant is the owner of the restaurant and
    
has held a valid license authorizing the sale of alcoholic liquor for the business to be conducted on the premises at a different location for more than 7 years; and
        (7) the premises is at least 2,300 square feet and
    
sits on a lot that is between 6,100 and 6,150 square feet.
    (l) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a church or school if:
        (1) the primary entrance of the premises and the
    
closest entrance of the church or school is at least 90 feet apart and no greater than 95 feet apart;
        (2) the shortest distance between the premises and
    
the church or school is at least 80 feet apart and no greater than 85 feet apart;
        (3) the applicant is the owner of the restaurant and
    
on November 15, 2006 held a valid license authorizing the sale of alcoholic liquor for the business to be conducted on the premises for at least 14 different locations;
        (4) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (5) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (6) the premises is at least 3,200 square feet and
    
sits on a lot that is between 7,150 and 7,200 square feet; and
        (7) the principal religious leader at the place of
    
worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
    (m) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a church if:
        (1) the premises and the church are perpendicular,
    
and the primary entrance of the premises faces South while the primary entrance of the church faces West and the distance between the two entrances is more than 100 feet;
        (2) the shortest distance between the premises lot
    
line and the exterior wall of the church is at least 80 feet;
        (3) the church was established at the current
    
location in 1916 and the present structure was erected in 1925;
        (4) the premises is a single story, single use
    
building with at least 1,750 square feet and no more than 2,000 square feet;
        (5) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (6) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises; and
        (7) the principal religious leader at the place of
    
worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
    (n) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
        (1) the school is a City of Chicago School District
    
299 school;
        (2) the school is located within subarea E of City of
    
Chicago Residential Business Planned Development Number 70;
        (3) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee on the premises;
        (4) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food; and
        (5) the administration of City of Chicago School
    
District 299 has expressed, in writing, its support for the issuance of the license.
    (o) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a retail license authorizing the sale of alcoholic liquor at a premises that is located within a municipality in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (2) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (3) the premises is located on a street that runs
    
perpendicular to the street on which the church is located;
        (4) the primary entrance of the premises is at least
    
100 feet from the primary entrance of the church;
        (5) the shortest distance between any part of the
    
premises and any part of the church is at least 60 feet;
        (6) the premises is between 3,600 and 4,000 square
    
feet and sits on a lot that is between 3,600 and 4,000 square feet; and
        (7) the premises was built in the year 1909.
    For purposes of this subsection (o), "premises" means a place of business together with a privately owned outdoor location that is adjacent to the place of business.
    (p) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the shortest distance between the backdoor of the
    
premises, which is used as an emergency exit, and the church is at least 80 feet;
        (2) the church was established at the current
    
location in 1889; and
        (3) liquor has been sold on the premises since at
    
least 1985.
    (q) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church-owned property if:
        (1) the premises is located within a larger building
    
operated as a grocery store;
        (2) the area of the premises does not exceed 720
    
square feet and the area of the larger building exceeds 18,000 square feet;
        (3) the larger building containing the premises is
    
within 100 feet of the nearest property line of a church-owned property on which a church-affiliated school is located;
        (4) the sale of liquor is not the principal business
    
carried on within the larger building;
        (5) the primary entrance of the larger building and
    
the premises and the primary entrance of the church-affiliated school are on different, parallel streets, and the distance between the 2 primary entrances is more than 100 feet;
        (6) the larger building is separated from the
    
church-owned property and church-affiliated school by an alley;
        (7) the larger building containing the premises and
    
the church building front are on perpendicular streets and are separated by a street; and
        (8) (Blank).
    (r) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance, renewal, or maintenance of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the primary entrance of the church and the
    
primary entrance of the restaurant are at least 100 feet apart;
        (2) the restaurant has operated on the ground floor
    
and lower level of a multi-story, multi-use building for more than 40 years;
        (3) the primary business of the restaurant consists
    
of the sale of food where the sale of liquor is incidental to the sale of food;
        (4) the sale of alcoholic liquor is conducted
    
primarily in the below-grade level of the restaurant to which the only public access is by a staircase located inside the restaurant; and
        (5) the restaurant has held a license authorizing the
    
sale of alcoholic liquor on the premises for more than 40 years.
    (s) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population more than 5,000 and less than 10,000 and is within 100 feet of a church if:
        (1) the church was established at the location within
    
100 feet of the premises after a license for the sale of alcoholic liquor at the premises was first issued;
        (2) a license for sale of alcoholic liquor at the
    
premises was first issued before January 1, 2007; and
        (3) a license for the sale of alcoholic liquor on
    
the premises has been continuously in effect since January 1, 2007, except for interruptions between licenses of no more than 90 days.
    (t) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant that is established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school and a church if:
        (1) the restaurant is located inside a five-story
    
building with over 16,800 square feet of commercial space;
        (2) the area of the premises does not exceed 31,050
    
square feet;
        (3) the area of the restaurant does not exceed 5,800
    
square feet;
        (4) the building has no less than 78 condominium
    
units;
        (5) the construction of the building in which the
    
restaurant is located was completed in 2006;
        (6) the building has 10 storefront properties, 3 of
    
which are used for the restaurant;
        (7) the restaurant will open for business in 2010;
        (8) the building is north of the school and separated
    
by an alley; and
        (9) the principal religious leader of the church and
    
either the alderman of the ward in which the school is located or the principal of the school have delivered a written statement to the local liquor control commissioner stating that he or she does not object to the issuance of a license under this subsection (t).
    (u) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the premises operates as a restaurant and has
    
been in operation since February 2008;
        (2) the applicant is the owner of the premises;
        (3) the sale of alcoholic liquor is incidental to the
    
sale of food;
        (4) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee on the premises;
        (5) the premises occupy the first floor of a 3-story
    
building that is at least 90 years old;
        (6) the rear lot of the school and the rear corner of
    
the building that the premises occupy are separated by an alley;
        (7) the distance from the southwest corner of the
    
property line of the school and the northeast corner of the building that the premises occupy is at least 16 feet, 5 inches;
        (8) the distance from the rear door of the premises
    
to the southwest corner of the property line of the school is at least 93 feet;
        (9) the school is a City of Chicago School District
    
299 school;
        (10) the school's main structure was erected in 1902
    
and an addition was built to the main structure in 1959; and
        (11) the principal of the school and the alderman in
    
whose district the premises are located have expressed, in writing, their support for the issuance of the license.
    (v) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
        (1) the total land area of the premises for which the
    
license or renewal is sought is more than 600,000 square feet;
        (2) the premises for which the license or renewal is
    
sought has more than 600 parking stalls;
        (3) the total area of all buildings on the premises
    
for which the license or renewal is sought exceeds 140,000 square feet;
        (4) the property line of the premises for which the
    
license or renewal is sought is separated from the property line of the school by a street;
        (5) the distance from the school's property line to
    
the property line of the premises for which the license or renewal is sought is at least 60 feet;
        (6) as of the effective date of this amendatory Act
    
of the 97th General Assembly, the premises for which the license or renewal is sought is located in the Illinois Medical District.
    (w) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (2) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (3) the premises occupy the first floor and basement
    
of a 2-story building that is 106 years old;
        (4) the premises is at least 7,000 square feet and
    
located on a lot that is at least 11,000 square feet;
        (5) the premises is located directly west of the
    
church, on perpendicular streets, and separated by an alley;
        (6) the distance between the property line of the
    
premises and the property line of the church is at least 20 feet;
        (7) the distance between the primary entrance of the
    
premises and the primary entrance of the church is at least 130 feet; and
        (8) the church has been at its location for at least
    
40 years.
    (x) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the church has been operating in its current
    
location since 1973;
        (3) the premises has been operating in its current
    
location since 1988;
        (4) the church and the premises are owned by the same
    
parish;
        (5) the premises is used for cultural and educational
    
purposes;
        (6) the primary entrance to the premises and the
    
primary entrance to the church are located on the same street;
        (7) the principal religious leader of the church has
    
indicated his support of the issuance of the license;
        (8) the premises is a 2-story building of
    
approximately 23,000 square feet; and
        (9) the premises houses a ballroom on its ground
    
floor of approximately 5,000 square feet.
    (y) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (3) according to the municipality, the distance
    
between the east property line of the premises and the west property line of the school is 97.8 feet;
        (4) the school is a City of Chicago School District
    
299 school;
        (5) the school has been operating since 1959;
        (6) the primary entrance to the premises and the
    
primary entrance to the school are located on the same street;
        (7) the street on which the entrances of the premises
    
and the school are located is a major diagonal thoroughfare;
        (8) the premises is a single-story building of
    
approximately 2,900 square feet; and
        (9) the premises is used for commercial purposes only.
    (z) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a mosque if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors at
    
the premises;
        (3) the licensee is a national retail chain having
    
over 100 locations within the municipality;
        (4) the licensee has over 8,000 locations nationwide;
        (5) the licensee has locations in all 50 states;
        (6) the premises is located in the North-East
    
quadrant of the municipality;
        (7) the premises is a free-standing building that has
    
"drive-through" pharmacy service;
        (8) the premises has approximately 14,490 square feet
    
of retail space;
        (9) the premises has approximately 799 square feet of
    
pharmacy space;
        (10) the premises is located on a major arterial
    
street that runs east-west and accepts truck traffic; and
        (11) the alderman of the ward in which the premises
    
is located has expressed, in writing, his or her support for the issuance of the license.
    (aa) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors at
    
the premises;
        (3) the licensee is a national retail chain having
    
over 100 locations within the municipality;
        (4) the licensee has over 8,000 locations nationwide;
        (5) the licensee has locations in all 50 states;
        (6) the premises is located in the North-East
    
quadrant of the municipality;
        (7) the premises is located across the street from a
    
national grocery chain outlet;
        (8) the premises has approximately 16,148 square feet
    
of retail space;
        (9) the premises has approximately 992 square feet of
    
pharmacy space;
        (10) the premises is located on a major arterial
    
street that runs north-south and accepts truck traffic; and
        (11) the alderman of the ward in which the premises
    
is located has expressed, in writing, his or her support for the issuance of the license.
    (bb) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (3) the primary entrance to the premises and the
    
primary entrance to the church are located on the same street;
        (4) the premises is across the street from the church;
        (5) the street on which the premises and the church
    
are located is a major arterial street that runs east-west;
        (6) the church is an elder-led and Bible-based
    
Assyrian church;
        (7) the premises and the church are both single-story
    
buildings;
        (8) the storefront directly west of the church is
    
being used as a restaurant; and
        (9) the distance between the northern-most property
    
line of the premises and the southern-most property line of the church is 65 feet.
    (cc) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors at
    
the premises;
        (3) the licensee is a national retail chain;
        (4) as of October 25, 2011, the licensee has 1,767
    
stores operating nationwide, 87 stores operating in the State, and 10 stores operating within the municipality;
        (5) the licensee shall occupy approximately 124,000
    
square feet of space in the basement and first and second floors of a building located across the street from a school;
        (6) the school opened in August of 2009 and occupies
    
approximately 67,000 square feet of space; and
        (7) the building in which the premises shall be
    
located has been listed on the National Register of Historic Places since April 17, 1970.
    (dd) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
        (1) the premises is constructed on land that was
    
purchased from the municipality at a fair market price;
        (2) the premises is constructed on land that was
    
previously used as a parking facility for public safety employees;
        (3) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (4) the main entrance to the store is more than 100
    
feet from the main entrance to the school;
        (5) the premises is to be new construction;
        (6) the school is a private school;
        (7) the principal of the school has given written
    
approval for the license;
        (8) the alderman of the ward where the premises is
    
located has given written approval of the issuance of the license;
        (9) the grocery store level of the premises is
    
between 60,000 and 70,000 square feet; and
        (10) the owner and operator of the grocery store
    
operates 2 other grocery stores that have alcoholic liquor licenses within the same municipality.
    (ee) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
        (1) the premises is constructed on land that once
    
contained an industrial steel facility;
        (2) the premises is located on land that has
    
undergone environmental remediation;
        (3) the premises is located within a retail complex
    
containing retail stores where some of the stores sell alcoholic beverages;
        (4) the principal activity of any restaurant in the
    
retail complex is the sale of food, and the sale of alcoholic liquor is incidental to the sale of food;
        (5) the sale of alcoholic liquor is not the principal
    
business carried on by the grocery store;
        (6) the entrance to any business that sells alcoholic
    
liquor is more than 100 feet from the entrance to the school;
        (7) the alderman of the ward where the premises is
    
located has given written approval of the issuance of the license; and
        (8) the principal of the school has given written
    
consent to the issuance of the license.
    (ff) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on at the premises;
        (2) the sale of alcoholic liquor at the premises is
    
incidental to the operation of a theater;
        (3) the premises is a one and one-half-story building
    
of approximately 10,000 square feet;
        (4) the school is a City of Chicago School District
    
299 school;
        (5) the primary entrance of the premises and the
    
primary entrance of the school are at least 300 feet apart and no more than 400 feet apart;
        (6) the alderman of the ward in which the premises is
    
located has expressed, in writing, his support for the issuance of the license; and
        (7) the principal of the school has expressed, in
    
writing, that there is no objection to the issuance of a license under this subsection (ff).
    (gg) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant or banquet facility established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the property on which the church is located and
    
the property on which the premises are located are both within a district originally listed on the National Register of Historic Places on February 14, 1979;
        (3) the property on which the premises are located
    
contains one or more multi-story buildings that are at least 95 years old and have no more than three stories;
        (4) the building in which the church is located is at
    
least 120 years old;
        (5) the property on which the church is located is
    
immediately adjacent to and west of the property on which the premises are located;
        (6) the western boundary of the property on which the
    
premises are located is no less than 118 feet in length and no more than 122 feet in length;
        (7) as of December 31, 2012, both the church property
    
and the property on which the premises are located are within 250 feet of City of Chicago Business-Residential Planned Development Number 38;
        (8) the principal religious leader at the place of
    
worship has indicated his or her support for the issuance of the license in writing; and
        (9) the alderman in whose district the premises are
    
located has expressed his or her support for the issuance of the license in writing.
    For the purposes of this subsection, "banquet facility" means the part of the building that is located on the floor above a restaurant and caters to private parties and where the sale of alcoholic liquors is not the principal business.
    (hh) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a hotel and at an outdoor patio area attached to the hotel that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a hospital if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the hotel;
        (2) the hotel is located within the City of Chicago
    
Business Planned Development Number 468; and
        (3) the hospital is located within the City of
    
Chicago Institutional Planned Development Number 3.
    (ii) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a restaurant and at an outdoor patio area attached to the restaurant that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a church if:
        (1) the sale of alcoholic liquor at the premises is
    
not the principal business carried on by the licensee and is incidental to the sale of food;
        (2) the restaurant has been operated on the street
    
level of a 2-story building located on a corner lot since 2008;
        (3) the restaurant is between 3,700 and 4,000 square
    
feet and sits on a lot that is no more than 6,200 square feet;
        (4) the primary entrance to the restaurant and the
    
primary entrance to the church are located on the same street;
        (5) the street on which the restaurant and the church
    
are located is a major east-west street;
        (6) the restaurant and the church are separated by a
    
one-way northbound street;
        (7) the church is located to the west of and no more
    
than 65 feet from the restaurant; and
        (8) the principal religious leader at the place of
    
worship has indicated his or her consent to the issuance of the license in writing.
    (jj) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor is incidental to the
    
sale of food;
        (3) the premises are located east of the church, on
    
perpendicular streets, and separated by an alley;
        (4) the distance between the primary entrance of the
    
premises and the primary entrance of the church is at least 175 feet;
        (5) the distance between the property line of the
    
premises and the property line of the church is at least 40 feet;
        (6) the licensee has been operating at the premises
    
since 2012;
        (7) the church was constructed in 1904;
        (8) the alderman of the ward in which the premises is
    
located has expressed, in writing, his or her support for the issuance of the license; and
        (9) the principal religious leader of the church has
    
delivered a written statement that he or she does not object to the issuance of a license under this subsection (jj).
    (kk) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors on
    
the premises;
        (3) the licensee is a national retail chain;
        (4) as of February 27, 2013, the licensee had 1,778
    
stores operating nationwide, 89 operating in this State, and 11 stores operating within the municipality;
        (5) the licensee shall occupy approximately 169,048
    
square feet of space within a building that is located across the street from a tuition-based preschool; and
        (6) the alderman of the ward in which the premises is
    
located has expressed, in writing, his or her support for the issuance of the license.
    (ll) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors on
    
the premises;
        (3) the licensee is a national retail chain;
        (4) as of February 27, 2013, the licensee had 1,778
    
stores operating nationwide, 89 operating in this State, and 11 stores operating within the municipality;
        (5) the licensee shall occupy approximately 191,535
    
square feet of space within a building that is located across the street from an elementary school; and
        (6) the alderman of the ward in which the premises is
    
located has expressed, in writing, his or her support for the issuance of the license.
    (mm) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within premises and at an outdoor patio or sidewalk cafe, or both, attached to premises that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a hospital if:
        (1) the primary business of the restaurant consists
    
of the sale of food where the sale of liquor is incidental to the sale of food;
        (2) as a restaurant, the premises may or may not
    
offer catering as an incidental part of food service;
        (3) the primary business of the restaurant is
    
conducted in space owned by a hospital or an entity owned or controlled by, under common control with, or that controls a hospital, and the chief hospital administrator has expressed his or her support for the issuance of the license in writing; and
        (4) the hospital is an adult acute care facility
    
primarily located within the City of Chicago Institutional Planned Development Number 3.
    (nn) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried out on the premises;
        (2) the sale of alcoholic liquor at the premises is
    
incidental to the operation of a theater;
        (3) the premises are a building that was constructed
    
in 1913 and opened on May 24, 1915 as a vaudeville theater, and the premises were converted to a motion picture theater in 1935;
        (4) the church was constructed in 1889 with a stone
    
exterior;
        (5) the primary entrance of the premises and the
    
primary entrance of the church are at least 100 feet apart; and
        (6) the principal religious leader at the place of
    
worship has indicated his or her consent to the issuance of the license in writing; and
        (7) the alderman in whose ward the premises are
    
located has expressed his or her support for the issuance of the license in writing.
    (oo) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a mosque, church, or other place of worship if:
        (1) the primary entrance of the premises and the
    
primary entrance of the mosque, church, or other place of worship are perpendicular and are on different streets;
        (2) the primary entrance to the premises faces West
    
and the primary entrance to the mosque, church, or other place of worship faces South;
        (3) the distance between the 2 primary entrances is
    
at least 100 feet;
        (4) the mosque, church, or other place of worship was
    
established in a location within 100 feet of the premises after a license for the sale of alcohol at the premises was first issued;
        (5) the mosque, church, or other place of worship was
    
established on or around January 1, 2011;
        (6) a license for the sale of alcohol at the premises
    
was first issued on or before January 1, 1985;
        (7) a license for the sale of alcohol at the premises
    
has been continuously in effect since January 1, 1985, except for interruptions between licenses of no more than 90 days; and
        (8) the premises are a single-story, single-use
    
building of at least 3,000 square feet and no more than 3,380 square feet.
    (pp) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant or banquet facility established on premises that are located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of at least one church if:
        (1) the sale of liquor shall not be the principal
    
business carried on by the licensee at the premises;
        (2) the premises are at least 2,000 square feet and
    
no more than 10,000 square feet and is located in a single-story building;
        (3) the property on which the premises are located is
    
within an area that, as of 2009, was designated as a Renewal Community by the United States Department of Housing and Urban Development;
        (4) the property on which the premises are located
    
and the properties on which the churches are located are on the same street;
        (5) the property on which the premises are located is
    
immediately adjacent to and east of the property on which at least one of the churches is located;
        (6) the property on which the premises are located is
    
across the street and southwest of the property on which another church is located;
        (7) the principal religious leaders of the churches
    
have indicated their support for the issuance of the license in writing; and
        (8) the alderman in whose ward the premises are
    
located has expressed his or her support for the issuance of the license in writing.
    For purposes of this subsection (pp), "banquet facility" means the part of the building that caters to private parties and where the sale of alcoholic liquors is not the principal business.
    (qq) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor on premises that are located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church or school if:
        (1) the primary entrance of the premises and the
    
closest entrance of the church or school are at least 200 feet apart and no greater than 300 feet apart;
        (2) the shortest distance between the premises and
    
the church or school is at least 66 feet apart and no greater than 81 feet apart;
        (3) the premises are a single-story, steel-framed
    
commercial building with at least 18,042 square feet, and was constructed in 1925 and 1997;
        (4) the owner of the business operated within the
    
premises has been the general manager of a similar supermarket within one mile from the premises, which has had a valid license authorizing the sale of alcoholic liquor since 2002, and is in good standing with the City of Chicago;
        (5) the principal religious leader at the place of
    
worship has indicated his or her support to the issuance or renewal of the license in writing;
        (6) the alderman of the ward has indicated his or her
    
support to the issuance or renewal of the license in writing; and
        (7) the principal of the school has indicated his or
    
her support to the issuance or renewal of the license in writing.
    (rr) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a club that leases space to a school if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried out on the premises;
        (2) the sale of alcoholic liquor at the premises is
    
incidental to the operation of a grocery store;
        (3) the premises are a building of approximately
    
1,750 square feet and is rented by the owners of the grocery store from a family member;
        (4) the property line of the premises is
    
approximately 68 feet from the property line of the club;
        (5) the primary entrance of the premises and the
    
primary entrance of the club where the school leases space are at least 100 feet apart;
        (6) the director of the club renting space to the
    
school has indicated his or her consent to the issuance of the license in writing; and
        (7) the alderman in whose district the premises are
    
located has expressed his or her support for the issuance of the license in writing.
    (ss) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the premises are located within a 15 unit
    
building with 13 residential apartments and 2 commercial spaces, and the licensee will occupy both commercial spaces;
        (2) a restaurant has been operated on the premises
    
since June 2011;
        (3) the restaurant currently occupies 1,075 square
    
feet, but will be expanding to include 975 additional square feet;
        (4) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (5) the premises are located south of the church and
    
on the same street and are separated by a one-way westbound street;
        (6) the primary entrance of the premises is at least
    
93 feet from the primary entrance of the church;
        (7) the shortest distance between any part of the
    
premises and any part of the church is at least 72 feet;
        (8) the building in which the restaurant is located
    
was built in 1910;
        (9) the alderman of the ward in which the premises
    
are located has expressed, in writing, his or her support for the issuance of the license; and
        (10) the principal religious leader of the church has
    
delivered a written statement that he or she does not object to the issuance of a license under this subsection (ss).
    (tt) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor is incidental to the
    
sale of food;
        (3) the sale of alcoholic liquor at the premises was
    
previously authorized by a package goods liquor license;
        (4) the premises are at least 40,000 square feet with
    
25 parking spaces in the contiguous surface lot to the north of the store and 93 parking spaces on the roof;
        (5) the shortest distance between the lot line of the
    
parking lot of the premises and the exterior wall of the church is at least 80 feet;
        (6) the distance between the building in which the
    
church is located and the building in which the premises are located is at least 180 feet;
        (7) the main entrance to the church faces west and is
    
at least 257 feet from the main entrance of the premises; and
        (8) the applicant is the owner of 10 similar grocery
    
stores within the City of Chicago and the surrounding area and has been in business for more than 30 years.
    (uu) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor is incidental to the
    
operation of a grocery store;
        (3) the premises are located in a building that is
    
approximately 68,000 square feet with 157 parking spaces on property that was previously vacant land;
        (4) the main entrance to the church faces west and is
    
at least 500 feet from the entrance of the premises, which faces north;
        (5) the church and the premises are separated by an
    
alley;
        (6) the applicant is the owner of 9 similar grocery
    
stores in the City of Chicago and the surrounding area and has been in business for more than 40 years; and
        (7) the alderman of the ward in which the premises
    
are located has expressed, in writing, his or her support for the issuance of the license.
    (vv) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is the principal
    
business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor is primary to the
    
sale of food;
        (3) the premises are located south of the church and
    
on perpendicular streets and are separated by a driveway;
        (4) the primary entrance of the premises is at least
    
100 feet from the primary entrance of the church;
        (5) the shortest distance between any part of the
    
premises and any part of the church is at least 15 feet;
        (6) the premises are less than 100 feet from the
    
church center, but greater than 100 feet from the area within the building where church services are held;
        (7) the premises are 25,830 square feet and sit on a
    
lot that is 0.48 acres;
        (8) the premises were once designated as a Korean
    
American Presbyterian Church and were once used as a Masonic Temple;
        (9) the premises were built in 1910;
        (10) the alderman of the ward in which the premises
    
are located has expressed, in writing, his or her support for the issuance of the license; and
        (11) the principal religious leader of the church has
    
delivered a written statement that he or she does not object to the issuance of a license under this subsection (vv).
    For the purposes of this subsection (vv), "premises" means a place of business together with a privately owned outdoor location that is adjacent to the place of business.
    (ww) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the school is located within Sub Area III of City
    
of Chicago Residential-Business Planned Development Number 523, as amended; and
        (2) the premises are located within Sub Area I, Sub
    
Area II, or Sub Area IV of City of Chicago Residential-Business Planned Development Number 523, as amended.
    (xx) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of wine or wine-related products is the
    
exclusive business carried on by the licensee at the premises;
        (2) the primary entrance of the premises and the
    
primary entrance of the church are at least 100 feet apart and are located on different streets;
        (3) the building in which the premises are located
    
and the building in which the church is located are separated by an alley;
        (4) the premises consists of less than 2,000 square
    
feet of floor area dedicated to the sale of wine or wine-related products;
        (5) the premises are located on the first floor of a
    
2-story building that is at least 99 years old and has a residential unit on the second floor; and
        (6) the principal religious leader at the church has
    
indicated his or her support for the issuance or renewal of the license in writing.
    (yy) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the premises are a 27-story hotel containing 191
    
guest rooms;
        (2) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises and is limited to a restaurant located on the first floor of the hotel;
        (3) the hotel is adjacent to the church;
        (4) the site is zoned as DX-16;
        (5) the principal religious leader of the church has
    
delivered a written statement that he or she does not object to the issuance of a license under this subsection (yy); and
        (6) the alderman of the ward in which the premises
    
are located has expressed, in writing, his or her support for the issuance of the license.
    (zz) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the premises are a 15-story hotel containing 143
    
guest rooms;
        (2) the premises are approximately 85,691 square feet;
        (3) a restaurant is operated on the premises;
        (4) the restaurant is located in the first floor
    
lobby of the hotel;
        (5) the sale of alcoholic liquor is not the
    
principal business carried on by the licensee at the premises;
        (6) the hotel is located approximately 50 feet from
    
the church and is separated from the church by a public street on the ground level and by air space on the upper level, which is where the public entrances are located;
        (7) the site is zoned as DX-16;
        (8) the principal religious leader of the church has
    
delivered a written statement that he or she does not object to the issuance of a license under this subsection (zz); and
        (9) the alderman of the ward in which the premises
    
are located has expressed, in writing, his or her support for the issuance of the license.
    (aaa) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is not the primary
    
business activity of the grocery store;
        (2) the premises are newly constructed on land that
    
was formerly used by the Young Men's Christian Association;
        (3) the grocery store is located within a planned
    
development that was approved by the municipality in 2007;
        (4) the premises are located in a multi-building,
    
mixed-use complex;
        (5) the entrance to the grocery store is located more
    
than 200 feet from the entrance to the school;
        (6) the entrance to the grocery store is located
    
across the street from the back of the school building, which is not used for student or public access;
        (7) the grocery store executed a binding lease for
    
the property in 2008;
        (8) the premises consist of 2 levels and occupy more
    
than 80,000 square feet;
        (9) the owner and operator of the grocery store
    
operates at least 10 other grocery stores that have alcoholic liquor licenses within the same municipality; and
        (10) the director of the school has expressed, in
    
writing, his or her support for the issuance of the license.
    (bbb) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (2) the premises are located in a single-story
    
building of primarily brick construction containing at least 6 commercial units constructed before 1940;
        (3) the premises are located in a B3-2 zoning
    
district;
        (4) the premises are less than 4,000 square feet;
        (5) the church established its congregation in 1891
    
and completed construction of the church building in 1990;
        (6) the premises are located south of the church;
        (7) the premises and church are located on the same
    
street and are separated by a one-way westbound street; and
        (8) the principal religious leader of the church has
    
not indicated his or her opposition to the issuance or renewal of the license in writing.
    (ccc) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church and school if:
        (1) as of March 14, 2007, the premises are located in
    
a City of Chicago Residential-Business Planned Development No. 1052;
        (2) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (3) the sale of alcoholic liquor is incidental to the
    
operation of a grocery store and comprises no more than 10% of the total in-store sales;
        (4) the owner and operator of the grocery store
    
operates at least 10 other grocery stores that have alcoholic liquor licenses within the same municipality;
        (5) the premises are new construction when the
    
license is first issued;
        (6) the constructed premises are to be no less than
    
50,000 square feet;
        (7) the school is a private church-affiliated school;
        (8) the premises and the property containing the
    
church and church-affiliated school are located on perpendicular streets and the school and church are adjacent to one another;
        (9) the pastor of the church and school has
    
expressed, in writing, support for the issuance of the license; and
        (10) the alderman of the ward in which the premises
    
are located has expressed, in writing, his or her support for the issuance of the license.
    (ddd) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church or school if:
        (1) the business has been issued a license from the
    
municipality to allow the business to operate a theater on the premises;
        (2) the theater has less than 200 seats;
        (3) the premises are approximately 2,700 to 3,100
    
square feet of space;
        (4) the premises are located to the north of the
    
church;
        (5) the primary entrance of the premises and the
    
primary entrance of any church within 100 feet of the premises are located either on a different street or across a right-of-way from the premises;
        (6) the primary entrance of the premises and the
    
primary entrance of any school within 100 feet of the premises are located either on a different street or across a right-of-way from the premises;
        (7) the premises are located in a building that is at
    
least 100 years old; and
        (8) any church or school located within 100 feet of
    
the premises has indicated its support for the issuance or renewal of the license to the premises in writing.
    (eee) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church and school if:
        (1) the sale of alcoholic liquor is incidental to the
    
sale of food;
        (2) the sale of alcoholic liquor is not the principal
    
business carried on by the applicant on the premises;
        (3) a family-owned restaurant has operated on the
    
premises since 1957;
        (4) the premises occupy the first floor of a 3-story
    
building that is at least 90 years old;
        (5) the distance between the property line of the
    
premises and the property line of the church is at least 20 feet;
        (6) the church was established at its current
    
location and the present structure was erected before 1900;
        (7) the primary entrance of the premises is at least
    
75 feet from the primary entrance of the church;
        (8) the school is affiliated with the church;
        (9) the principal religious leader at the place of
    
worship has indicated his or her support for the issuance of the license in writing;
        (10) the principal of the school has indicated in
    
writing that he or she is not opposed to the issuance of the license; and
        (11) the alderman of the ward in which the premises
    
are located has expressed, in writing, his or her lack of an objection to the issuance of the license.
(Source: P.A. 98-274, eff. 8-9-13; 98-463, eff. 8-16-13; 98-571, eff. 8-27-13; 98-592, eff. 11-15-13; 98-1092, eff. 8-26-14; 98-1158, eff. 1-9-15; 99-477, eff. 8-27-15.)
 
    (Text of Section from P.A. 99-484)
    Sec. 6-11. Sale near churches, schools, and hospitals.
    (a) No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children or any military or naval station, provided, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where sale of alcoholic liquors is not the principal business carried on if the place of business so exempted is not located in a municipality of more than 500,000 persons, unless required by local ordinance; nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within 100 feet of any church or school where the church or school has been established within such 100 feet since the issuance of the original license. In the case of a church, the distance of 100 feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries.
    (b) Nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor to a restaurant, the primary business of which is the sale of goods baked on the premises if (i) the restaurant is newly constructed and located on a lot of not less than 10,000 square feet, (ii) the restaurant costs at least $1,000,000 to construct, (iii) the licensee is the titleholder to the premises and resides on the premises, and (iv) the construction of the restaurant is completed within 18 months of the effective date of this amendatory Act of 1998.
    (c) Nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor incidental to a restaurant if (1) the primary business of the restaurant consists of the sale of food where the sale of liquor is incidental to the sale of food and the applicant is a completely new owner of the restaurant, (2) the immediately prior owner or operator of the premises where the restaurant is located operated the premises as a restaurant and held a valid retail license authorizing the sale of alcoholic liquor at the restaurant for at least part of the 24 months before the change of ownership, and (3) the restaurant is located 75 or more feet from a school.
    (d) In the interest of further developing Illinois' economy in the area of commerce, tourism, convention, and banquet business, nothing in this Section shall prohibit issuance of a retail license authorizing the sale of alcoholic beverages to a restaurant, banquet facility, grocery store, or hotel having not fewer than 150 guest room accommodations located in a municipality of more than 500,000 persons, notwithstanding the proximity of such hotel, restaurant, banquet facility, or grocery store to any church or school, if the licensed premises described on the license are located within an enclosed mall or building of a height of at least 6 stories, or 60 feet in the case of a building that has been registered as a national landmark, or in a grocery store having a minimum of 56,010 square feet of floor space in a single story building in an open mall of at least 3.96 acres that is adjacent to a public school that opened as a boys technical high school in 1934, or in a grocery store having a minimum of 31,000 square feet of floor space in a single story building located a distance of more than 90 feet but less than 100 feet from a high school that opened in 1928 as a junior high school and became a senior high school in 1933, and in each of these cases if the sale of alcoholic liquors is not the principal business carried on by the licensee.
    For purposes of this Section, a "banquet facility" is any part of a building that caters to private parties and where the sale of alcoholic liquors is not the principal business.
    (e) Nothing in this Section shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors.
    (f) Nothing in this Section shall prohibit a church or church affiliated school located in a home rule municipality or in a municipality with 75,000 or more inhabitants from locating within 100 feet of a property for which there is a preexisting license to sell alcoholic liquor at retail. In these instances, the local zoning authority may, by ordinance adopted simultaneously with the granting of an initial special use zoning permit for the church or church affiliated school, provide that the 100-foot restriction in this Section shall not apply to that church or church affiliated school and future retail liquor licenses.
    (g) Nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor at premises within 100 feet, but not less than 90 feet, of a public school if (1) the premises have been continuously licensed to sell alcoholic liquor for a period of at least 50 years, (2) the premises are located in a municipality having a population of over 500,000 inhabitants, (3) the licensee is an individual who is a member of a family that has held the previous 3 licenses for that location for more than 25 years, (4) the principal of the school and the alderman of the ward in which the school is located have delivered a written statement to the local liquor control commissioner stating that they do not object to the issuance of a license under this subsection (g), and (5) the local liquor control commissioner has received the written consent of a majority of the registered voters who live within 200 feet of the premises.
    (h) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within premises and at an outdoor patio area attached to premises that are located in a municipality with a population in excess of 300,000 inhabitants and that are within 100 feet of a church if:
        (1) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food,
        (2) the sale of liquor is not the principal business
    
carried on by the licensee at the premises,
        (3) the premises are less than 1,000 square feet,
        (4) the premises are owned by the University of
    
Illinois,
        (5) the premises are immediately adjacent to property
    
owned by a church and are not less than 20 nor more than 40 feet from the church space used for worship services, and
        (6) the principal religious leader at the place of
    
worship has indicated his or her support for the issuance of the license in writing.
    (i) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 300,000 inhabitants and is within 100 feet of a church, synagogue, or other place of worship if:
        (1) the primary entrance of the premises and the
    
primary entrance of the church, synagogue, or other place of worship are at least 100 feet apart, on parallel streets, and separated by an alley; and
        (2) the principal religious leader at the place of
    
worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
    (j) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor at a theater that is within 100 feet of a church if (1) the church owns the theater, (2) the church leases the theater to one or more entities, and (3) the theater is used by at least 5 different not-for-profit theater groups.
    (k) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
        (1) the primary entrance of the premises and the
    
primary entrance of the school are parallel, on different streets, and separated by an alley;
        (2) the southeast corner of the premises are at least
    
350 feet from the southwest corner of the school;
        (3) the school was built in 1978;
        (4) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (5) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (6) the applicant is the owner of the restaurant and
    
has held a valid license authorizing the sale of alcoholic liquor for the business to be conducted on the premises at a different location for more than 7 years; and
        (7) the premises is at least 2,300 square feet and
    
sits on a lot that is between 6,100 and 6,150 square feet.
    (l) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a church or school if:
        (1) the primary entrance of the premises and the
    
closest entrance of the church or school is at least 90 feet apart and no greater than 95 feet apart;
        (2) the shortest distance between the premises and
    
the church or school is at least 80 feet apart and no greater than 85 feet apart;
        (3) the applicant is the owner of the restaurant and
    
on November 15, 2006 held a valid license authorizing the sale of alcoholic liquor for the business to be conducted on the premises for at least 14 different locations;
        (4) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (5) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (6) the premises is at least 3,200 square feet and
    
sits on a lot that is between 7,150 and 7,200 square feet; and
        (7) the principal religious leader at the place of
    
worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
    (m) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a church if:
        (1) the premises and the church are perpendicular,
    
and the primary entrance of the premises faces South while the primary entrance of the church faces West and the distance between the two entrances is more than 100 feet;
        (2) the shortest distance between the premises lot
    
line and the exterior wall of the church is at least 80 feet;
        (3) the church was established at the current
    
location in 1916 and the present structure was erected in 1925;
        (4) the premises is a single story, single use
    
building with at least 1,750 square feet and no more than 2,000 square feet;
        (5) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (6) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises; and
        (7) the principal religious leader at the place of
    
worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
    (n) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
        (1) the school is a City of Chicago School District
    
299 school;
        (2) the school is located within subarea E of City of
    
Chicago Residential Business Planned Development Number 70;
        (3) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee on the premises;
        (4) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food; and
        (5) the administration of City of Chicago School
    
District 299 has expressed, in writing, its support for the issuance of the license.
    (o) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a retail license authorizing the sale of alcoholic liquor at a premises that is located within a municipality in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (2) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (3) the premises is located on a street that runs
    
perpendicular to the street on which the church is located;
        (4) the primary entrance of the premises is at least
    
100 feet from the primary entrance of the church;
        (5) the shortest distance between any part of the
    
premises and any part of the church is at least 60 feet;
        (6) the premises is between 3,600 and 4,000 square
    
feet and sits on a lot that is between 3,600 and 4,000 square feet; and
        (7) the premises was built in the year 1909.
    For purposes of this subsection (o), "premises" means a place of business together with a privately owned outdoor location that is adjacent to the place of business.
    (p) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the shortest distance between the backdoor of the
    
premises, which is used as an emergency exit, and the church is at least 80 feet;
        (2) the church was established at the current
    
location in 1889; and
        (3) liquor has been sold on the premises since at
    
least 1985.
    (q) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church-owned property if:
        (1) the premises is located within a larger building
    
operated as a grocery store;
        (2) the area of the premises does not exceed 720
    
square feet and the area of the larger building exceeds 18,000 square feet;
        (3) the larger building containing the premises is
    
within 100 feet of the nearest property line of a church-owned property on which a church-affiliated school is located;
        (4) the sale of liquor is not the principal business
    
carried on within the larger building;
        (5) the primary entrance of the larger building and
    
the premises and the primary entrance of the church-affiliated school are on different, parallel streets, and the distance between the 2 primary entrances is more than 100 feet;
        (6) the larger building is separated from the
    
church-owned property and church-affiliated school by an alley;
        (7) the larger building containing the premises and
    
the church building front are on perpendicular streets and are separated by a street; and
        (8) (Blank).
    (r) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance, renewal, or maintenance of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the primary entrance of the church and the
    
primary entrance of the restaurant are at least 100 feet apart;
        (2) the restaurant has operated on the ground floor
    
and lower level of a multi-story, multi-use building for more than 40 years;
        (3) the primary business of the restaurant consists
    
of the sale of food where the sale of liquor is incidental to the sale of food;
        (4) the sale of alcoholic liquor is conducted
    
primarily in the below-grade level of the restaurant to which the only public access is by a staircase located inside the restaurant; and
        (5) the restaurant has held a license authorizing the
    
sale of alcoholic liquor on the premises for more than 40 years.
    (s) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population more than 5,000 and less than 10,000 and is within 100 feet of a church if:
        (1) the church was established at the location within
    
100 feet of the premises after a license for the sale of alcoholic liquor at the premises was first issued;
        (2) a license for sale of alcoholic liquor at the
    
premises was first issued before January 1, 2007; and
        (3) a license for the sale of alcoholic liquor on
    
the premises has been continuously in effect since January 1, 2007, except for interruptions between licenses of no more than 90 days.
    (t) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant that is established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school and a church if:
        (1) the restaurant is located inside a five-story
    
building with over 16,800 square feet of commercial space;
        (2) the area of the premises does not exceed 31,050
    
square feet;
        (3) the area of the restaurant does not exceed 5,800
    
square feet;
        (4) the building has no less than 78 condominium
    
units;
        (5) the construction of the building in which the
    
restaurant is located was completed in 2006;
        (6) the building has 10 storefront properties, 3 of
    
which are used for the restaurant;
        (7) the restaurant will open for business in 2010;
        (8) the building is north of the school and separated
    
by an alley; and
        (9) the principal religious leader of the church and
    
either the alderman of the ward in which the school is located or the principal of the school have delivered a written statement to the local liquor control commissioner stating that he or she does not object to the issuance of a license under this subsection (t).
    (u) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the premises operates as a restaurant and has
    
been in operation since February 2008;
        (2) the applicant is the owner of the premises;
        (3) the sale of alcoholic liquor is incidental to the
    
sale of food;
        (4) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee on the premises;
        (5) the premises occupy the first floor of a 3-story
    
building that is at least 90 years old;
        (6) the rear lot of the school and the rear corner of
    
the building that the premises occupy are separated by an alley;
        (7) the distance from the southwest corner of the
    
property line of the school and the northeast corner of the building that the premises occupy is at least 16 feet, 5 inches;
        (8) the distance from the rear door of the premises
    
to the southwest corner of the property line of the school is at least 93 feet;
        (9) the school is a City of Chicago School District
    
299 school;
        (10) the school's main structure was erected in 1902
    
and an addition was built to the main structure in 1959; and
        (11) the principal of the school and the alderman in
    
whose district the premises are located have expressed, in writing, their support for the issuance of the license.
    (v) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
        (1) the total land area of the premises for which the
    
license or renewal is sought is more than 600,000 square feet;
        (2) the premises for which the license or renewal is
    
sought has more than 600 parking stalls;
        (3) the total area of all buildings on the premises
    
for which the license or renewal is sought exceeds 140,000 square feet;
        (4) the property line of the premises for which the
    
license or renewal is sought is separated from the property line of the school by a street;
        (5) the distance from the school's property line to
    
the property line of the premises for which the license or renewal is sought is at least 60 feet;
        (6) as of the effective date of this amendatory Act
    
of the 97th General Assembly, the premises for which the license or renewal is sought is located in the Illinois Medical District.
    (w) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (2) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (3) the premises occupy the first floor and basement
    
of a 2-story building that is 106 years old;
        (4) the premises is at least 7,000 square feet and
    
located on a lot that is at least 11,000 square feet;
        (5) the premises is located directly west of the
    
church, on perpendicular streets, and separated by an alley;
        (6) the distance between the property line of the
    
premises and the property line of the church is at least 20 feet;
        (7) the distance between the primary entrance of the
    
premises and the primary entrance of the church is at least 130 feet; and
        (8) the church has been at its location for at least
    
40 years.
    (x) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the church has been operating in its current
    
location since 1973;
        (3) the premises has been operating in its current
    
location since 1988;
        (4) the church and the premises are owned by the same
    
parish;
        (5) the premises is used for cultural and educational
    
purposes;
        (6) the primary entrance to the premises and the
    
primary entrance to the church are located on the same street;
        (7) the principal religious leader of the church has
    
indicated his support of the issuance of the license;
        (8) the premises is a 2-story building of
    
approximately 23,000 square feet; and
        (9) the premises houses a ballroom on its ground
    
floor of approximately 5,000 square feet.
    (y) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (3) according to the municipality, the distance
    
between the east property line of the premises and the west property line of the school is 97.8 feet;
        (4) the school is a City of Chicago School District
    
299 school;
        (5) the school has been operating since 1959;
        (6) the primary entrance to the premises and the
    
primary entrance to the school are located on the same street;
        (7) the street on which the entrances of the premises
    
and the school are located is a major diagonal thoroughfare;
        (8) the premises is a single-story building of
    
approximately 2,900 square feet; and
        (9) the premises is used for commercial purposes only.
    (z) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a mosque if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors at
    
the premises;
        (3) the licensee is a national retail chain having
    
over 100 locations within the municipality;
        (4) the licensee has over 8,000 locations nationwide;
        (5) the licensee has locations in all 50 states;
        (6) the premises is located in the North-East
    
quadrant of the municipality;
        (7) the premises is a free-standing building that has
    
"drive-through" pharmacy service;
        (8) the premises has approximately 14,490 square feet
    
of retail space;
        (9) the premises has approximately 799 square feet of
    
pharmacy space;
        (10) the premises is located on a major arterial
    
street that runs east-west and accepts truck traffic; and
        (11) the alderman of the ward in which the premises
    
is located has expressed, in writing, his or her support for the issuance of the license.
    (aa) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors at
    
the premises;
        (3) the licensee is a national retail chain having
    
over 100 locations within the municipality;
        (4) the licensee has over 8,000 locations nationwide;
        (5) the licensee has locations in all 50 states;
        (6) the premises is located in the North-East
    
quadrant of the municipality;
        (7) the premises is located across the street from a
    
national grocery chain outlet;
        (8) the premises has approximately 16,148 square feet
    
of retail space;
        (9) the premises has approximately 992 square feet of
    
pharmacy space;
        (10) the premises is located on a major arterial
    
street that runs north-south and accepts truck traffic; and
        (11) the alderman of the ward in which the premises
    
is located has expressed, in writing, his or her support for the issuance of the license.
    (bb) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor at the premises is
    
incidental to the sale of food;
        (3) the primary entrance to the premises and the
    
primary entrance to the church are located on the same street;
        (4) the premises is across the street from the church;
        (5) the street on which the premises and the church
    
are located is a major arterial street that runs east-west;
        (6) the church is an elder-led and Bible-based
    
Assyrian church;
        (7) the premises and the church are both single-story
    
buildings;
        (8) the storefront directly west of the church is
    
being used as a restaurant; and
        (9) the distance between the northern-most property
    
line of the premises and the southern-most property line of the church is 65 feet.
    (cc) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors at
    
the premises;
        (3) the licensee is a national retail chain;
        (4) as of October 25, 2011, the licensee has 1,767
    
stores operating nationwide, 87 stores operating in the State, and 10 stores operating within the municipality;
        (5) the licensee shall occupy approximately 124,000
    
square feet of space in the basement and first and second floors of a building located across the street from a school;
        (6) the school opened in August of 2009 and occupies
    
approximately 67,000 square feet of space; and
        (7) the building in which the premises shall be
    
located has been listed on the National Register of Historic Places since April 17, 1970.
    (dd) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
        (1) the premises is constructed on land that was
    
purchased from the municipality at a fair market price;
        (2) the premises is constructed on land that was
    
previously used as a parking facility for public safety employees;
        (3) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (4) the main entrance to the store is more than 100
    
feet from the main entrance to the school;
        (5) the premises is to be new construction;
        (6) the school is a private school;
        (7) the principal of the school has given written
    
approval for the license;
        (8) the alderman of the ward where the premises is
    
located has given written approval of the issuance of the license;
        (9) the grocery store level of the premises is
    
between 60,000 and 70,000 square feet; and
        (10) the owner and operator of the grocery store
    
operates 2 other grocery stores that have alcoholic liquor licenses within the same municipality.
    (ee) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
        (1) the premises is constructed on land that once
    
contained an industrial steel facility;
        (2) the premises is located on land that has
    
undergone environmental remediation;
        (3) the premises is located within a retail complex
    
containing retail stores where some of the stores sell alcoholic beverages;
        (4) the principal activity of any restaurant in the
    
retail complex is the sale of food, and the sale of alcoholic liquor is incidental to the sale of food;
        (5) the sale of alcoholic liquor is not the principal
    
business carried on by the grocery store;
        (6) the entrance to any business that sells alcoholic
    
liquor is more than 100 feet from the entrance to the school;
        (7) the alderman of the ward where the premises is
    
located has given written approval of the issuance of the license; and
        (8) the principal of the school has given written
    
consent to the issuance of the license.
    (ff) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on at the premises;
        (2) the sale of alcoholic liquor at the premises is
    
incidental to the operation of a theater;
        (3) the premises is a one and one-half-story building
    
of approximately 10,000 square feet;
        (4) the school is a City of Chicago School District
    
299 school;
        (5) the primary entrance of the premises and the
    
primary entrance of the school are at least 300 feet apart and no more than 400 feet apart;
        (6) the alderman of the ward in which the premises is
    
located has expressed, in writing, his support for the issuance of the license; and
        (7) the principal of the school has expressed, in
    
writing, that there is no objection to the issuance of a license under this subsection (ff).
    (gg) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant or banquet facility established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the property on which the church is located and
    
the property on which the premises are located are both within a district originally listed on the National Register of Historic Places on February 14, 1979;
        (3) the property on which the premises are located
    
contains one or more multi-story buildings that are at least 95 years old and have no more than three stories;
        (4) the building in which the church is located is at
    
least 120 years old;
        (5) the property on which the church is located is
    
immediately adjacent to and west of the property on which the premises are located;
        (6) the western boundary of the property on which the
    
premises are located is no less than 118 feet in length and no more than 122 feet in length;
        (7) as of December 31, 2012, both the church property
    
and the property on which the premises are located are within 250 feet of City of Chicago Business-Residential Planned Development Number 38;
        (8) the principal religious leader at the place of
    
worship has indicated his or her support for the issuance of the license in writing; and
        (9) the alderman in whose district the premises are
    
located has expressed his or her support for the issuance of the license in writing.
    For the purposes of this subsection, "banquet facility" means the part of the building that is located on the floor above a restaurant and caters to private parties and where the sale of alcoholic liquors is not the principal business.
    (hh) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a hotel and at an outdoor patio area attached to the hotel that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a hospital if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the hotel;
        (2) the hotel is located within the City of Chicago
    
Business Planned Development Number 468; and
        (3) the hospital is located within the City of
    
Chicago Institutional Planned Development Number 3.
    (ii) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a restaurant and at an outdoor patio area attached to the restaurant that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a church if:
        (1) the sale of alcoholic liquor at the premises is
    
not the principal business carried on by the licensee and is incidental to the sale of food;
        (2) the restaurant has been operated on the street
    
level of a 2-story building located on a corner lot since 2008;
        (3) the restaurant is between 3,700 and 4,000 square
    
feet and sits on a lot that is no more than 6,200 square feet;
        (4) the primary entrance to the restaurant and the
    
primary entrance to the church are located on the same street;
        (5) the street on which the restaurant and the church
    
are located is a major east-west street;
        (6) the restaurant and the church are separated by a
    
one-way northbound street;
        (7) the church is located to the west of and no more
    
than 65 feet from the restaurant; and
        (8) the principal religious leader at the place of
    
worship has indicated his or her consent to the issuance of the license in writing.
    (jj) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the sale of alcoholic liquor is incidental to the
    
sale of food;
        (3) the premises are located east of the church, on
    
perpendicular streets, and separated by an alley;
        (4) the distance between the primary entrance of the
    
premises and the primary entrance of the church is at least 175 feet;
        (5) the distance between the property line of the
    
premises and the property line of the church is at least 40 feet;
        (6) the licensee has been operating at the premises
    
since 2012;
        (7) the church was constructed in 1904;
        (8) the alderman of the ward in which the premises is
    
located has expressed, in writing, his or her support for the issuance of the license; and
        (9) the principal religious leader of the church has
    
delivered a written statement that he or she does not object to the issuance of a license under this subsection (jj).
    (kk) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors on
    
the premises;
        (3) the licensee is a national retail chain;
        (4) as of February 27, 2013, the licensee had 1,778
    
stores operating nationwide, 89 operating in this State, and 11 stores operating within the municipality;
        (5) the licensee shall occupy approximately 169,048
    
square feet of space within a building that is located across the street from a tuition-based preschool; and
        (6) the alderman of the ward in which the premises is
    
located has expressed, in writing, his or her support for the issuance of the license.
    (ll) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried on by the licensee at the premises;
        (2) the licensee shall only sell packaged liquors on
    
the premises;
        (3) the licensee is a national retail chain;
        (4) as of February 27, 2013, the licensee had 1,778
    
stores operating nationwide, 89 operating in this State, and 11 stores operating within the municipality;
        (5) the licensee shall occupy approximately 191,535
    
square feet of space within a building that is located across the street from an elementary school; and
        (6) the alderman of the ward in which the premises is
    
located has expressed, in writing, his or her support for the issuance of the license.
    (mm) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within premises and at an outdoor patio or sidewalk cafe, or both, attached to premises that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a hospital if:
        (1) the primary business of the restaurant consists
    
of the sale of food where the sale of liquor is incidental to the sale of food;
        (2) as a restaurant, the premises may or may not
    
offer catering as an incidental part of food service;
        (3) the primary business of the restaurant is
    
conducted in space owned by a hospital or an entity owned or controlled by, under common control with, or that controls a hospital, and the chief hospital administrator has expressed his or her support for the issuance of the license in writing; and
        (4) the hospital is an adult acute care facility
    
primarily located within the City of Chicago Institutional Planned Development Number 3.
    (nn) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
        (1) the sale of alcoholic liquor is not the principal
    
business carried out on the premises;
        (2) the sale of alcoholic liquor at the premises is
    
incidental to the operation of a theater;
        (3) the premises are a building that was constructed
    
in 1913 and opened on May 24, 1915 as a vaudeville theater, and the premises were converted to a motion picture theater in 1935;
        (4) the church was constructed in 1889 with a stone
    
exterior;
        (5) the primary entrance of the premises and the
    
primary entrance of the church are at least 100 feet apart; and
        (6) the principal religious leader at the place of
    
worship has indicated his or her consent to the issuance of the license in writing; and
        (7) the alderman in whose ward the premises are
    
located has expressed his or her support for the issuance of the license in writing.
    (oo) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a mosque, church, or other place of worship if:
        (1) the primary entrance of the premises and the
    
primary entrance of the mosque, church, or other place of worship are perpendicular and are on different streets;
        (2) the primary entrance to the premises faces West
    
and the primary entrance to the mosque, church, or other place of worship faces South;
        (3) the distance between the 2 primary entrances is
    
at least 100 feet;
        (4) the mosque, church, or other place of worship was
    
established in a location within 100 feet of the premises after a license for the sale of alcohol at the premises was first issued;
        (5) the mosque, church, or other place of worship was
    
established on or around January 1, 2011;
        (6) a license for the sale of alcohol at the premises
    
was first issued on or before January 1, 1985;
        (7) a license for the sale of alcohol at the premises
    
has been continuously in effect since January 1, 1985, except for interruptions between licenses of no more than 90 days; and
        (8) the premises are a single-story, single-use
    
building of at least 3,000 square feet and no more than 3,380 square feet.
    (pp) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant or banquet facility established on premises that are located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of at least one church if:
        (1) the sale of liquor shall not be the principal
    
business carried on by the licensee at the premises;
        (2) the premises are at least 2,000 square feet and
    
no more than 10,000 square feet and is located in a single-story building;
        (3) the property on which the premises are located is
    
within an area that, as of 2009, was designated as a Renewal Community by the United States Department of Housing and Urban Development;
        (4) the property on which the premises are located
    
and the properties on which the churches are located are on the same street;
        (5) the property on which the premises are located is
    
immediately adjacent to and east of the property on which at least one of the churches is located;
        (6) the property on which the premises are located is
    
across the street and southwest of the property on which another church is located;
        (7) the principal religious leaders of the churches
    
have indicated their support for the issuance of the license in writing; and
        (8) the alderman in whose ward the premises are
    
located has expressed his or her support for the issuance of the license in writing.
    For purposes of this subsection (pp), "banquet facility" means the part of the building that caters to private parties and where the sale of alcoholic liquors is not the principal business.
    (qq) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor on premises that are located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church or school if:
        (1) the primary entrance of the premises and the
    
closest entrance of the church or school are at least 200 feet apart and no greater than 300 feet apart;
        (2) the shortest distance between the premises and
    
the church or school is at least 66 feet apart and no greater than 81 feet apart;
        (3) the premises are a single-story, steel-framed
    
commercial building with at least 18,042 square feet, and was constructed in 1925 and 1997;
        (4) the owner of the business operated within the
    
premises has been the general manager of a similar supermarket within one mile from the premises, which has had a valid license authorizing the sale of alcoholic liquor since 2002, and is i