Illinois General Assembly - Full Text of SB3456
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Full Text of SB3456  97th General Assembly

SB3456ham002 97TH GENERAL ASSEMBLY

Rep. Barbara Flynn Currie

Filed: 12/19/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3456

2    AMENDMENT NO. ______. Amend Senate Bill 3456 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 6-11 as follows:
 
6    (235 ILCS 5/6-11)
7    Sec. 6-11. Sale near churches, schools, and hospitals.
8    (a) No license shall be issued for the sale at retail of
9any alcoholic liquor within 100 feet of any church, school
10other than an institution of higher learning, hospital, home
11for aged or indigent persons or for veterans, their spouses or
12children or any military or naval station, provided, that this
13prohibition shall not apply to hotels offering restaurant
14service, regularly organized clubs, or to restaurants, food
15shops or other places where sale of alcoholic liquors is not
16the principal business carried on if the place of business so

 

 

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1exempted is not located in a municipality of more than 500,000
2persons, unless required by local ordinance; nor to the renewal
3of a license for the sale at retail of alcoholic liquor on
4premises within 100 feet of any church or school where the
5church or school has been established within such 100 feet
6since the issuance of the original license. In the case of a
7church, the distance of 100 feet shall be measured to the
8nearest part of any building used for worship services or
9educational programs and not to property boundaries.
10    (b) Nothing in this Section shall prohibit the issuance of
11a retail license authorizing the sale of alcoholic liquor to a
12restaurant, the primary business of which is the sale of goods
13baked on the premises if (i) the restaurant is newly
14constructed and located on a lot of not less than 10,000 square
15feet, (ii) the restaurant costs at least $1,000,000 to
16construct, (iii) the licensee is the titleholder to the
17premises and resides on the premises, and (iv) the construction
18of the restaurant is completed within 18 months of the
19effective date of this amendatory Act of 1998.
20    (c) Nothing in this Section shall prohibit the issuance of
21a retail license authorizing the sale of alcoholic liquor
22incidental to a restaurant if (1) the primary business of the
23restaurant consists of the sale of food where the sale of
24liquor is incidental to the sale of food and the applicant is a
25completely new owner of the restaurant, (2) the immediately
26prior owner or operator of the premises where the restaurant is

 

 

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

 

 

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

 

 

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1licensed to sell alcoholic liquor for a period of at least 50
2years, (2) the premises are located in a municipality having a
3population of over 500,000 inhabitants, (3) the licensee is an
4individual who is a member of a family that has held the
5previous 3 licenses for that location for more than 25 years,
6(4) the principal of the school and the alderman of the ward in
7which the school is located have delivered a written statement
8to the local liquor control commissioner stating that they do
9not object to the issuance of a license under this subsection
10(g), and (5) the local liquor control commissioner has received
11the written consent of a majority of the registered voters who
12live within 200 feet of the premises.
13    (h) Notwithstanding any provision of this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor within premises and at an outdoor patio area attached to
17premises that are located in a municipality with a population
18in excess of 300,000 inhabitants and that are within 100 feet
19of a church if:
20        (1) the sale of alcoholic liquor at the premises is
21    incidental to the sale of food,
22        (2) the sale of liquor is not the principal business
23    carried on by the licensee at the premises,
24        (3) the premises are less than 1,000 square feet,
25        (4) the premises are owned by the University of
26    Illinois,

 

 

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1        (5) the premises are immediately adjacent to property
2    owned by a church and are not less than 20 nor more than 40
3    feet from the church space used for worship services, and
4        (6) the principal religious leader at the place of
5    worship has indicated his or her support for the issuance
6    of the license in writing.
7    (i) Notwithstanding any provision in this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license to sell alcoholic liquor at a premises
10that is located within a municipality with a population in
11excess of 300,000 inhabitants and is within 100 feet of a
12church, synagogue, or other place of worship if:
13        (1) the primary entrance of the premises and the
14    primary entrance of the church, synagogue, or other place
15    of worship are at least 100 feet apart, on parallel
16    streets, and separated by an alley; and
17        (2) the principal religious leader at the place of
18    worship has not indicated his or her opposition to the
19    issuance or renewal of the license in writing.
20    (j) Notwithstanding any provision in this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22of a retail license authorizing the sale of alcoholic liquor at
23a theater that is within 100 feet of a church if (1) the church
24owns the theater, (2) the church leases the theater to one or
25more entities, and (3) the theater is used by at least 5
26different not-for-profit theater groups.

 

 

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1    (k) Notwithstanding any provision in this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor at a premises that is located within a municipality with
5a population in excess of 1,000,000 inhabitants and is within
6100 feet of a school if:
7        (1) the primary entrance of the premises and the
8    primary entrance of the school are parallel, on different
9    streets, and separated by an alley;
10        (2) the southeast corner of the premises are at least
11    350 feet from the southwest corner of the school;
12        (3) the school was built in 1978;
13        (4) the sale of alcoholic liquor at the premises is
14    incidental to the sale of food;
15        (5) the sale of alcoholic liquor is not the principal
16    business carried on by the licensee at the premises;
17        (6) the applicant is the owner of the restaurant and
18    has held a valid license authorizing the sale of alcoholic
19    liquor for the business to be conducted on the premises at
20    a different location for more than 7 years; and
21        (7) the premises is at least 2,300 square feet and sits
22    on a lot that is between 6,100 and 6,150 square feet.
23    (l) Notwithstanding any provision in this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor at a premises that is located within a municipality with

 

 

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1a population in excess of 1,000,000 inhabitants and is within
2100 feet of a church or school if:
3        (1) the primary entrance of the premises and the
4    closest entrance of the church or school is at least 90
5    feet apart and no greater than 95 feet apart;
6        (2) the shortest distance between the premises and the
7    church or school is at least 80 feet apart and no greater
8    than 85 feet apart;
9        (3) the applicant is the owner of the restaurant and on
10    November 15, 2006 held a valid license authorizing the sale
11    of alcoholic liquor for the business to be conducted on the
12    premises for at least 14 different locations;
13        (4) the sale of alcoholic liquor at the premises is
14    incidental to the sale of food;
15        (5) the sale of alcoholic liquor is not the principal
16    business carried on by the licensee at the premises;
17        (6) the premises is at least 3,200 square feet and sits
18    on a lot that is between 7,150 and 7,200 square feet; and
19        (7) the principal religious leader at the place of
20    worship has not indicated his or her opposition to the
21    issuance or renewal of the license in writing.
22    (m) Notwithstanding any provision in this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor at a premises that is located within a municipality with
26a population in excess of 1,000,000 inhabitants and is within

 

 

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1100 feet of a church if:
2        (1) the premises and the church are perpendicular, and
3    the primary entrance of the premises faces South while the
4    primary entrance of the church faces West and the distance
5    between the two entrances is more than 100 feet;
6        (2) the shortest distance between the premises lot line
7    and the exterior wall of the church is at least 80 feet;
8        (3) the church was established at the current location
9    in 1916 and the present structure was erected in 1925;
10        (4) the premises is a single story, single use building
11    with at least 1,750 square feet and no more than 2,000
12    square feet;
13        (5) the sale of alcoholic liquor at the premises is
14    incidental to the sale of food;
15        (6) the sale of alcoholic liquor is not the principal
16    business carried on by the licensee at the premises; and
17        (7) the principal religious leader at the place of
18    worship has not indicated his or her opposition to the
19    issuance or renewal of the license in writing.
20    (n) Notwithstanding any provision in this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license authorizing the sale of alcoholic
23liquor at a premises that is located within a municipality with
24a population in excess of 1,000,000 inhabitants and is within
25100 feet of a school if:
26        (1) the school is a City of Chicago School District 299

 

 

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

 

 

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1    premises and any part of the church is at least 60 feet;
2        (6) the premises is between 3,600 and 4,000 square feet
3    and sits on a lot that is between 3,600 and 4,000 square
4    feet; and
5        (7) the premises was built in the year 1909.
6    For purposes of this subsection (o), "premises" means a
7place of business together with a privately owned outdoor
8location that is adjacent to the place of business.
9    (p) Notwithstanding any provision in this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor at a premises that is located within a municipality with
13a population in excess of 1,000,000 inhabitants and within 100
14feet of a church if:
15        (1) the shortest distance between the backdoor of the
16    premises, which is used as an emergency exit, and the
17    church is at least 80 feet;
18        (2) the church was established at the current location
19    in 1889; and
20        (3) liquor has been sold on the premises since at least
21    1985.
22    (q) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor within a premises that is located in a municipality with
26a population in excess of 1,000,000 inhabitants and within 100

 

 

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

 

 

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

 

 

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1    100 feet of the premises after a license for the sale of
2    alcoholic liquor at the premises was first issued;
3        (2) a license for sale of alcoholic liquor at the
4    premises was first issued before January 1, 2007; and
5        (3) a license for the sale of alcoholic liquor on the
6    premises has been continuously in effect since January 1,
7    2007, except for interruptions between licenses of no more
8    than 90 days.
9    (t) Notwithstanding any provision of this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor incidental to the sale of food within a restaurant that
13is established in a premises that is located in a municipality
14with a population in excess of 1,000,000 inhabitants and within
15100 feet of a school and a church if:
16        (1) the restaurant is located inside a five-story
17    building with over 16,800 square feet of commercial space;
18        (2) the area of the premises does not exceed 31,050
19    square feet;
20        (3) the area of the restaurant does not exceed 5,800
21    square feet;
22        (4) the building has no less than 78 condominium units;
23        (5) the construction of the building in which the
24    restaurant is located was completed in 2006;
25        (6) the building has 10 storefront properties, 3 of
26    which are used for the restaurant;

 

 

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1        (7) the restaurant will open for business in 2010;
2        (8) the building is north of the school and separated
3    by an alley; and
4        (9) the principal religious leader of the church and
5    either the alderman of the ward in which the school is
6    located or the principal of the school have delivered a
7    written statement to the local liquor control commissioner
8    stating that he or she does not object to the issuance of a
9    license under this subsection (t).
10    (u) Notwithstanding any provision in this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license to sell alcoholic liquor at a premises
13that is located within a municipality with a population in
14excess of 1,000,000 inhabitants and within 100 feet of a school
15if:
16        (1) the premises operates as a restaurant and has been
17    in operation since February 2008;
18        (2) the applicant is the owner of the premises;
19        (3) the sale of alcoholic liquor is incidental to the
20    sale of food;
21        (4) the sale of alcoholic liquor is not the principal
22    business carried on by the licensee on the premises;
23        (5) the premises occupy the first floor of a 3-story
24    building that is at least 90 years old;
25        (6) the rear lot of the school and the rear corner of
26    the building that the premises occupy are separated by an

 

 

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1    alley;
2        (7) the distance from the southwest corner of the
3    property line of the school and the northeast corner of the
4    building that the premises occupy is at least 16 feet, 5
5    inches;
6        (8) the distance from the rear door of the premises to
7    the southwest corner of the property line of the school is
8    at least 93 feet;
9        (9) the school is a City of Chicago School District 299
10    school;
11        (10) the school's main structure was erected in 1902
12    and an addition was built to the main structure in 1959;
13    and
14        (11) the principal of the school and the alderman in
15    whose district the premises are located have expressed, in
16    writing, their support for the issuance of the license.
17    (v) Notwithstanding any provision in this Section to the
18contrary, nothing in this Section shall prohibit the issuance
19or renewal of a license authorizing the sale of alcoholic
20liquor at a premises that is located within a municipality with
21a population in excess of 1,000,000 inhabitants and is within
22100 feet of a school if:
23        (1) the total land area of the premises for which the
24    license or renewal is sought is more than 600,000 square
25    feet;
26        (2) the premises for which the license or renewal is

 

 

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1    sought has more than 600 parking stalls;
2        (3) the total area of all buildings on the premises for
3    which the license or renewal is sought exceeds 140,000
4    square feet;
5        (4) the property line of the premises for which the
6    license or renewal is sought is separated from the property
7    line of the school by a street;
8        (5) the distance from the school's property line to the
9    property line of the premises for which the license or
10    renewal is sought is at least 60 feet;
11        (6) as of the effective date of this amendatory Act of
12    the 97th General Assembly, the premises for which the
13    license or renewal is sought is located in the Illinois
14    Medical District.
15    (w) Notwithstanding any provision in this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license to sell alcoholic liquor at a premises
18that is located within a municipality with a population in
19excess of 1,000,000 inhabitants and within 100 feet of a church
20if:
21        (1) the sale of alcoholic liquor at the premises is
22    incidental to the sale of food;
23        (2) the sale of alcoholic liquor is not the principal
24    business carried on by the licensee at the premises;
25        (3) the premises occupy the first floor and basement of
26    a 2-story building that is 106 years old;

 

 

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1        (4) the premises is at least 7,000 square feet and
2    located on a lot that is at least 11,000 square feet;
3        (5) the premises is located directly west of the
4    church, on perpendicular streets, and separated by an
5    alley;
6        (6) the distance between the property line of the
7    premises and the property line of the church is at least 20
8    feet;
9        (7) the distance between the primary entrance of the
10    premises and the primary entrance of the church is at least
11    130 feet; and
12        (8) the church has been at its location for at least 40
13    years.
14    (x) Notwithstanding any provision of this Section to the
15contrary, nothing in this Section shall prohibit the issuance
16or renewal of a license authorizing the sale of alcoholic
17liquor at a premises that is located within a municipality with
18a population in excess of 1,000,000 inhabitants and within 100
19feet of a church if:
20        (1) the sale of alcoholic liquor is not the principal
21    business carried on by the licensee at the premises;
22        (2) the church has been operating in its current
23    location since 1973;
24        (3) the premises has been operating in its current
25    location since 1988;
26        (4) the church and the premises are owned by the same

 

 

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

 

 

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1    school;
2        (5) the school has been operating since 1959;
3        (6) the primary entrance to the premises and the
4    primary entrance to the school are located on the same
5    street;
6        (7) the street on which the entrances of the premises
7    and the school are located is a major diagonal
8    thoroughfare;
9        (8) the premises is a single-story building of
10    approximately 2,900 square feet; and
11        (9) the premises is used for commercial purposes only.
12    (z) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor at a premises that is located within a municipality with
16a population in excess of 1,000,000 inhabitants and within 100
17feet of a mosque if:
18        (1) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (2) the licensee shall only sell packaged liquors at
21    the premises;
22        (3) the licensee is a national retail chain having over
23    100 locations within the municipality;
24        (4) the licensee has over 8,000 locations nationwide;
25        (5) the licensee has locations in all 50 states;
26        (6) the premises is located in the North-East quadrant

 

 

09700SB3456ham002- 21 -LRB097 17702 MGM 72841 a

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

 

 

09700SB3456ham002- 22 -LRB097 17702 MGM 72841 a

1        (6) the premises is located in the North-East quadrant
2    of the municipality;
3        (7) the premises is located across the street from a
4    national grocery chain outlet;
5        (8) the premises has approximately 16,148 square feet
6    of retail space;
7        (9) the premises has approximately 992 square feet of
8    pharmacy space;
9        (10) the premises is located on a major arterial street
10    that runs north-south and accepts truck traffic; and
11        (11) the alderman of the ward in which the premises is
12    located has expressed, in writing, his or her support for
13    the issuance of the license.
14    (bb) Notwithstanding any provision of this Section to the
15contrary, nothing in this Section shall prohibit the issuance
16or renewal of a license authorizing the sale of alcoholic
17liquor at a premises that is located within a municipality with
18a population in excess of 1,000,000 inhabitants and within 100
19feet of a church if:
20        (1) the sale of alcoholic liquor is not the principal
21    business carried on by the licensee at the premises;
22        (2) the sale of alcoholic liquor at the premises is
23    incidental to the sale of food;
24        (3) the primary entrance to the premises and the
25    primary entrance to the church are located on the same
26    street;

 

 

09700SB3456ham002- 23 -LRB097 17702 MGM 72841 a

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

 

 

09700SB3456ham002- 24 -LRB097 17702 MGM 72841 a

1        (5) the licensee shall occupy approximately 124,000
2    square feet of space in the basement and first and second
3    floors of a building located across the street from a
4    school;
5        (6) the school opened in August of 2009 and occupies
6    approximately 67,000 square feet of space; and
7        (7) the building in which the premises shall be located
8    has been listed on the National Register of Historic Places
9    since April 17, 1970.
10    (dd) Notwithstanding any provision in this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor within a full-service grocery store at a premises that
14is located within a municipality with a population in excess of
151,000,000 inhabitants and is within 100 feet of a school if:
16        (1) the premises is constructed on land that was
17    purchased from the municipality at a fair market price;
18        (2) the premises is constructed on land that was
19    previously used as a parking facility for public safety
20    employees;
21        (3) the sale of alcoholic liquor is not the principal
22    business carried on by the licensee at the premises;
23        (4) the main entrance to the store is more than 100
24    feet from the main entrance to the school;
25        (5) the premises is to be new construction;
26        (6) the school is a private school;

 

 

09700SB3456ham002- 25 -LRB097 17702 MGM 72841 a

1        (7) the principal of the school has given written
2    approval for the license;
3        (8) the alderman of the ward where the premises is
4    located has given written approval of the issuance of the
5    license;
6        (9) the grocery store level of the premises is between
7    60,000 and 70,000 square feet; and
8        (10) the owner and operator of the grocery store
9    operates 2 other grocery stores that have alcoholic liquor
10    licenses within the same municipality.
11    (ee) Notwithstanding any provision in this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license authorizing the sale of alcoholic
14liquor within a full-service grocery store at a premises that
15is located within a municipality with a population in excess of
161,000,000 inhabitants and is within 100 hundred feet of a
17school if:
18        (1) the premises is constructed on land that once
19    contained an industrial steel facility;
20        (2) the premises is located on land that has undergone
21    environmental remediation;
22        (3) the premises is located within a retail complex
23    containing retail stores where some of the stores sell
24    alcoholic beverages;
25        (4) the principal activity of any restaurant in the
26    retail complex is the sale of food, and the sale of

 

 

09700SB3456ham002- 26 -LRB097 17702 MGM 72841 a

1    alcoholic liquor is incidental to the sale of food;
2        (5) the sale of alcoholic liquor is not the principal
3    business carried on by the grocery store;
4        (6) the entrance to any business that sells alcoholic
5    liquor is more than 100 feet from the entrance to the
6    school;
7        (7) the alderman of the ward where the premises is
8    located has given written approval of the issuance of the
9    license; and
10        (8) the principal of the school has given written
11    consent to the issuance of the license.
12    (ff) (dd) Notwithstanding any provision of this Section to
13the contrary, nothing in this Section shall prohibit the
14issuance or renewal of a license authorizing the sale of
15alcoholic liquor at a premises that is located within a
16municipality with a population in excess of 1,000,000
17inhabitants and within 100 feet of a school if:
18        (1) the sale of alcoholic liquor is not the principal
19    business carried on at the premises;
20        (2) the sale of alcoholic liquor at the premises is
21    incidental to the operation of a theater;
22        (3) the premises is a one and one-half-story building
23    of approximately 10,000 square feet;
24        (4) the school is a City of Chicago School District 299
25    school;
26        (5) the primary entrance of the premises and the

 

 

09700SB3456ham002- 27 -LRB097 17702 MGM 72841 a

1    primary entrance of the school are at least 300 feet apart
2    and no more than 400 feet apart;
3        (6) the alderman of the ward in which the premises is
4    located has expressed, in writing, his support for the
5    issuance of the license; and
6        (7) the principal of the school has expressed, in
7    writing, that there is no objection to the issuance of a
8    license under this subsection (ff) (dd).
9    (gg) Notwithstanding any provision of this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor incidental to the sale of food within a restaurant or
13banquet facility established in a premises that is located in a
14municipality with a population in excess of 1,000,000
15inhabitants and within 100 feet of a church if:
16        (1) the sale of alcoholic liquor is not the principal
17    business carried on by the licensee at the premises;
18        (2) the property on which the church is located and the
19    property on which the premises are located are both within
20    a district originally listed on the National Register of
21    Historic Places on February 14, 1979;
22        (3) the property on which the premises are located
23    contains one or more multi-story buildings that are at
24    least 95 years old and have no more than three stories;
25        (4) the building in which the church is located is at
26    least 120 years old;

 

 

09700SB3456ham002- 28 -LRB097 17702 MGM 72841 a

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

 

 

09700SB3456ham002- 29 -LRB097 17702 MGM 72841 a

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

 

 

09700SB3456ham002- 30 -LRB097 17702 MGM 72841 a

1        (5) the street on which the restaurant and the church
2    are located is a major east-west street;
3        (6) the restaurant and the church are separated by a
4    one-way northbound street;
5        (7) the church is located to the west of and no more
6    than 65 feet from the restaurant; and
7        (8) the principal religious leader at the place of
8    worship has indicated his or her consent to the issuance of
9    the license in writing.
10(Source: P.A. 96-283, eff. 8-11-09; 96-744, eff. 8-25-09;
1196-851, eff. 12-23-09; 96-871, eff. 1-21-10; 96-1051, eff.
127-14-10; 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634, eff.
1312-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12; 97-806,
14eff. 7-13-12; revised 7-23-12.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".