Public Act 90-0617 of the 90th General Assembly

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Public Act 90-0617

HB3254 Enrolled                               LRB9011110LDdvA

    AN ACT to  amend  the  Liquor  Control  Act  of  1934  by
changing Section 6-11 and adding Section 6-16.2.

    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 and adding Section 6-16.2 as follows:

    (235 ILCS 5/6-11) (from Ch. 43, par. 127)
    Sec.  6-11.   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.
    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.
    In  the  interest of further developing Illinois' economy
in the area of 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, 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, or banquet facility 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,  and  in  either
case  if  the  sale of alcoholic liquors is not the principal
business carried on by the license.
    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.
    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.
    Nothing in this Section shall prohibit a church or church
affiliated school located 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.
(Source: P.A. 89-308,  eff.  1-1-96;  89-709,  eff.  2-14-97;
revised 2-20-97.)

    (235 ILCS 5/6-16.2 new)
    Sec. 6-16.2.  Prohibited entry to a licensed premises.  A
municipality  or  county  may  prohibit  a  licensee  or  any
officer,   associate,   member,   representative,  agent,  or
employee of a licensee from permitting a person under the age
of 21 years to enter and remain in that portion of a licensed
premises that sells, gives, or delivers alcoholic liquor  for
consumption  on  the  premises.   No  prohibition  under this
Section, however, shall apply to any licensed premises,  such
as  without  limitation  a  restaurant  or  food  shop, where
selling, giving, or delivering alcoholic liquor  is  not  the
principal business of the licensee at those premises.
    In  those  instances  where  a person under the age of 21
years is  prohibited  from  entering  and  remaining  on  the
premises,  proof that the defendant-licensee, or his employee
or agent, demanded, was shown,  and  reasonably  relied  upon
adequate  written  evidence  for  purposes  of  entering  and
remaining  on the licensed premises is an affirmative defense
in any criminal prosecution therefor or  to  any  proceedings
for  the  suspension  or  revocation  of  any  license  based
thereon.  It shall not, however, be an affirmative defense if
the defendant-license, or his agent or employee, accepted the
written evidence knowing it to be false or fraudulent.
    Adequate  written  evidence  of  age  and identity of the
person is a document issued by a federal, state,  county,  or
municipal  government,  or  subdivision  or  agency  thereof,
including,  but  not  limited  to, a motor vehicle operator's
license, a registration certificate issued under the  Federal
Selective  Service Act, or an identification card issued to a
member of the armed forces.
    If a false or fraudulent  Illinois  driver's  license  or
Illinois  identification  card  is presented by a person less
than 21 years of age to a licensee or the licensee's agent or
employee for the purpose of obtaining entry and remaining  on
a  licensed  premises,  the law enforcement officer or agency
investigating the incident shall, upon the conviction of  the
person    who    presented    the   fraudulent   license   or
identification, make a report of the matter to the  Secretary
of State on a form provided by the Secretary of State.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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