Illinois General Assembly - Full Text of Public Act 097-0012
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Public Act 097-0012


 

Public Act 0012 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0012
 
SB1293 EnrolledLRB097 06808 ASK 46899 b

    AN ACT concerning liquor.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Liquor Control Act of 1934 is amended by
changing Section 6-11 as follows:
 
    (235 ILCS 5/6-11)
    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 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.
(Source: P.A. 95-331, eff. 8-21-07; 95-752, eff. 1-1-09;
96-283, eff. 8-11-09; 96-744, eff. 8-25-09; 96-851, eff.
12-23-09; 96-871, eff. 1-21-10; 96-1051, eff. 7-14-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/14/2011