Illinois General Assembly - Full Text of SB0398
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Full Text of SB0398  99th General Assembly

SB0398enr 99TH GENERAL ASSEMBLY



 


 
SB0398 EnrolledLRB099 03227 RPS 23235 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 1-2, 1-3.25, 3-14, 4-1, 6-11, 6-27.1, 6-28,
6and 6-31 and by adding Sections 6-22.5, 6-27.5, and 6-28.5 as
7follows:
 
8    (235 ILCS 5/1-2)  (from Ch. 43, par. 94)
9    Sec. 1-2. This Act shall be liberally construed, to the end
10that the health, safety, and welfare of the People of the State
11of Illinois shall be protected and temperance in the
12consumption of alcoholic liquors shall be fostered and promoted
13by sound and careful control and regulation of the manufacture,
14sale, and distribution of alcoholic liquors. The State
15Commission may not enforce any trade practice policy or other
16rule that was not adopted in accordance with the Illinois
17Administrative Procedure Act.
18(Source: P.A. 82-783.)
 
19    (235 ILCS 5/1-3.25)  (from Ch. 43, par. 95.25)
20    Sec. 1-3.25. "Hotel" means every building or other
21structure kept, used, maintained, advertised and held out to
22the public to be a place where food is actually served and

 

 

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1consumed and sleeping accommodations are offered for adequate
2pay to travelers and guests, whether transient, permanent or
3residential, in which twenty-five (25) or more rooms are used
4for the sleeping accommodations of such guests and having one
5or more public dining rooms where meals are served to such
6guests, such sleeping accommodations and dining rooms being
7conducted in the same building or buildings in connection
8therewith and such building or buildings, structure or
9structures being provided with adequate and sanitary kitchen
10and dining room equipment and capacity. All public dining
11rooms, banquet rooms, meeting rooms, room service areas,
12mini-bars, and other locations within or adjacent to a hotel in
13which alcoholic liquors are stored, offered for sale, or sold
14at retail shall be considered part of the hotel's licensed
15premises if those locations within or adjacent to the hotel are
16owned and managed by the hotel operator. As part of the hotel's
17licensed premises, each and all of those locations within or
18adjacent to the hotel shall be maintained and managed pursuant
19to a single retailer's license issued by the State Commission
20to the hotel operator, regardless of the number of local
21retailer licenses mandated by the local unit of government
22having jurisdiction over the hotel. Public dining rooms and
23other locations within or adjacent to a hotel that are owned or
24managed by a person other than the hotel operator and are
25licensed by the local unit of government having jurisdiction
26over the hotel to a person other than the hotel operator are

 

 

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1not considered part of the hotel's licensed premises for
2purposes of this Act and, as such, must be maintained and
3operated under separate retailer's licenses.
4(Source: P.A. 82-783.)
 
5    (235 ILCS 5/3-14)  (from Ch. 43, par. 109)
6    Sec. 3-14. Issuance of license by Commission. Nothing
7contained in this Act shall, however, be construed to permit
8the State Commission to issue any license, other than
9manufacturer's, foreign importer's, importing distributor's,
10non-resident dealer's, and distributor's, broker's and
11non-beverage user's license for any premises in any prohibited
12territory, or to issue any license other than manufacturer's,
13foreign importer's, importing distributor's, non-resident
14dealer's, distributor's, railroad's, airplane's, boat's, or
15broker's license, auction liquor license, or non-beverage
16user's license, unless the person applying for such license
17shall have obtained a local license for the same premises. For
18purposes of this Section and only in regards to a hotel, the
19local license issued for the same premises may include multiple
20local licenses issued to a hotel operator for various portions
21of the hotel building, structure, or adjacent property owned
22and managed by the hotel operator in which alcoholic liquors
23may be stored, offered for sale, and sold; however, all of
24those portions of the hotel building, structure, or adjacent
25property shall be considered the hotel premises for purposes of

 

 

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1the issuance of a retailer's license by the State Commission.
2When such person has obtained a local license and has made
3application to the State Commission in conformity with this Act
4and paid the license fee provided, it shall be the duty of the
5State Commission to issue a retailer's license to him;
6provided, however, that the State Commission may refuse the
7issuance or renewal of a retailer's license, upon notice and
8after hearing, upon the grounds authorized in Section 6-3 of
9this Act, and, provided further, that the issuance of such
10license shall not prejudice the State Commission's action in
11subsequently suspending or revoking such license if it is
12determined by the State Commission, upon notice and after
13hearing, that the licensee has, within the same or the
14preceding license period, violated any provision of this Act or
15any rule or regulation issued pursuant thereto and in effect
16for 30 days prior to such violation. The Commission may also
17refuse to renew a license if the licensee has failed to pay an
18offer in compromise, pre-disciplinary settlement, or a fine
19imposed by order.
20(Source: P.A. 89-250, eff. 1-1-96.)
 
21    (235 ILCS 5/4-1)  (from Ch. 43, par. 110)
22    Sec. 4-1. In every city, village or incorporated town, the
23city council or president and board of trustees, and in
24counties in respect of territory outside the limits of any such
25city, village or incorporated town the county board shall have

 

 

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1the power by general ordinance or resolution to determine the
2number, kind and classification of licenses, for sale at retail
3of alcoholic liquor not inconsistent with this Act and the
4amount of the local licensee fees to be paid for the various
5kinds of licenses to be issued in their political subdivision,
6except those issued to the specific non-beverage users exempt
7from payment of license fees under Section 5-3 which shall be
8issued without payment of any local license fees, and the
9manner of distribution of such fees after their collection; to
10regulate or prohibit the presence of persons under the age of
1121 on the premises of licensed retail establishments of various
12kinds and classifications where alcoholic liquor is drawn,
13poured, mixed or otherwise served for consumption on the
14premises; to prohibit any minor from drawing, pouring, or
15mixing any alcoholic liquor as an employee of any retail
16licensee; and to prohibit any minor from at any time attending
17any bar and from drawing, pouring or mixing any alcoholic
18liquor in any licensed retail premises; and to establish such
19further regulations and restrictions upon the issuance of and
20operations under local licenses not inconsistent with law as
21the public good and convenience may require; and to provide
22penalties for the violation of regulations and restrictions,
23including those made by county boards, relative to operation
24under local licenses; provided, however, that in the exercise
25of any of the powers granted in this section, the issuance of
26such licenses shall not be prohibited except for reasons

 

 

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1specifically enumerated in Sections 6-2, 6-11, 6-12 and 6-25 of
2this Act.
3    However, in any municipality with a population exceeding
41,000,000 that has adopted the form of government authorized
5under "An Act concerning cities, villages, and incorporated
6towns, and to repeal certain Acts herein named", approved
7August 15, 1941, as amended, no person shall be granted any
8license or privilege to sell alcoholic liquors between the
9hours of two o'clock a.m. and seven o'clock a.m. on week days
10nor between the hours of three o'clock a.m. and twelve o'clock
11noon on Sundays unless such person has given at least 14 days
12prior written notice to the alderman of the ward in which such
13person's licensed premises are located stating his intention to
14make application for such license or privilege and unless
15evidence confirming service of such written notice is included
16in such application. Any license or privilege granted in
17violation of this paragraph shall be null and void.
18(Source: P.A. 85-156.)
 
19    (235 ILCS 5/6-11)
20    Sec. 6-11. Sale near churches, schools, and hospitals.
21    (a) No license shall be issued for the sale at retail of
22any alcoholic liquor within 100 feet of any church, school
23other than an institution of higher learning, hospital, home
24for aged or indigent persons or for veterans, their spouses or
25children or any military or naval station, provided, that this

 

 

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1prohibition shall not apply to hotels offering restaurant
2service, regularly organized clubs, or to restaurants, food
3shops or other places where sale of alcoholic liquors is not
4the principal business carried on if the place of business so
5exempted is not located in a municipality of more than 500,000
6persons, unless required by local ordinance; nor to the renewal
7of a license for the sale at retail of alcoholic liquor on
8premises within 100 feet of any church or school where the
9church or school has been established within such 100 feet
10since the issuance of the original license. In the case of a
11church, the distance of 100 feet shall be measured to the
12nearest part of any building used for worship services or
13educational programs and not to property boundaries.
14    (a-5) Notwithstanding any provision of this Section to the
15contrary, a local liquor control commissioner may grant an
16exemption to the prohibition in subsection (a) of this Section
17if a local rule or ordinance authorizes the local liquor
18control commissioner to grant that exemption.
19    (b) Nothing in this Section shall prohibit the issuance of
20a retail license authorizing the sale of alcoholic liquor to a
21restaurant, the primary business of which is the sale of goods
22baked on the premises if (i) the restaurant is newly
23constructed and located on a lot of not less than 10,000 square
24feet, (ii) the restaurant costs at least $1,000,000 to
25construct, (iii) the licensee is the titleholder to the
26premises and resides on the premises, and (iv) the construction

 

 

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1of the restaurant is completed within 18 months of the
2effective date of this amendatory Act of 1998.
3    (c) Nothing in this Section shall prohibit the issuance of
4a retail license authorizing the sale of alcoholic liquor
5incidental to a restaurant if (1) the primary business of the
6restaurant consists of the sale of food where the sale of
7liquor is incidental to the sale of food and the applicant is a
8completely new owner of the restaurant, (2) the immediately
9prior owner or operator of the premises where the restaurant is
10located operated the premises as a restaurant and held a valid
11retail license authorizing the sale of alcoholic liquor at the
12restaurant for at least part of the 24 months before the change
13of ownership, and (3) the restaurant is located 75 or more feet
14from a school.
15    (d) In the interest of further developing Illinois' economy
16in the area of commerce, tourism, convention, and banquet
17business, nothing in this Section shall prohibit issuance of a
18retail license authorizing the sale of alcoholic beverages to a
19restaurant, banquet facility, grocery store, or hotel having
20not fewer than 150 guest room accommodations located in a
21municipality of more than 500,000 persons, notwithstanding the
22proximity of such hotel, restaurant, banquet facility, or
23grocery store to any church or school, if the licensed premises
24described on the license are located within an enclosed mall or
25building of a height of at least 6 stories, or 60 feet in the
26case of a building that has been registered as a national

 

 

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1landmark, or in a grocery store having a minimum of 56,010
2square feet of floor space in a single story building in an
3open mall of at least 3.96 acres that is adjacent to a public
4school that opened as a boys technical high school in 1934, or
5in a grocery store having a minimum of 31,000 square feet of
6floor space in a single story building located a distance of
7more than 90 feet but less than 100 feet from a high school
8that opened in 1928 as a junior high school and became a senior
9high school in 1933, and in each of these cases if the sale of
10alcoholic liquors is not the principal business carried on by
11the licensee.
12    For purposes of this Section, a "banquet facility" is any
13part of a building that caters to private parties and where the
14sale of alcoholic liquors is not the principal business.
15    (e) Nothing in this Section shall prohibit the issuance of
16a license to a church or private school to sell at retail
17alcoholic liquor if any such sales are limited to periods when
18groups are assembled on the premises solely for the promotion
19of some common object other than the sale or consumption of
20alcoholic liquors.
21    (f) Nothing in this Section shall prohibit a church or
22church affiliated school located in a home rule municipality or
23in a municipality with 75,000 or more inhabitants from locating
24within 100 feet of a property for which there is a preexisting
25license to sell alcoholic liquor at retail. In these instances,
26the local zoning authority may, by ordinance adopted

 

 

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1simultaneously with the granting of an initial special use
2zoning permit for the church or church affiliated school,
3provide that the 100-foot restriction in this Section shall not
4apply to that church or church affiliated school and future
5retail liquor licenses.
6    (g) Nothing in this Section shall prohibit the issuance of
7a retail license authorizing the sale of alcoholic liquor at
8premises within 100 feet, but not less than 90 feet, of a
9public school if (1) the premises have been continuously
10licensed to sell alcoholic liquor for a period of at least 50
11years, (2) the premises are located in a municipality having a
12population of over 500,000 inhabitants, (3) the licensee is an
13individual who is a member of a family that has held the
14previous 3 licenses for that location for more than 25 years,
15(4) the principal of the school and the alderman of the ward in
16which the school is located have delivered a written statement
17to the local liquor control commissioner stating that they do
18not object to the issuance of a license under this subsection
19(g), and (5) the local liquor control commissioner has received
20the written consent of a majority of the registered voters who
21live within 200 feet of the premises.
22    (h) 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 premises and at an outdoor patio area attached to
26premises that are located in a municipality with a population

 

 

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

 

 

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1    worship has not indicated his or her opposition to the
2    issuance or renewal of the license in writing.
3    (j) Notwithstanding any provision in this Section to the
4contrary, nothing in this Section shall prohibit the issuance
5of a retail license authorizing the sale of alcoholic liquor at
6a theater that is within 100 feet of a church if (1) the church
7owns the theater, (2) the church leases the theater to one or
8more entities, and (3) the theater is used by at least 5
9different not-for-profit theater groups.
10    (k) 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 at a premises that is located within a municipality with
14a population in excess of 1,000,000 inhabitants and is within
15100 feet of a school if:
16        (1) the primary entrance of the premises and the
17    primary entrance of the school are parallel, on different
18    streets, and separated by an alley;
19        (2) the southeast corner of the premises are at least
20    350 feet from the southwest corner of the school;
21        (3) the school was built in 1978;
22        (4) the sale of alcoholic liquor at the premises is
23    incidental to the sale of food;
24        (5) the sale of alcoholic liquor is not the principal
25    business carried on by the licensee at the premises;
26        (6) the applicant is the owner of the restaurant and

 

 

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1    has held a valid license authorizing the sale of alcoholic
2    liquor for the business to be conducted on the premises at
3    a different location for more than 7 years; and
4        (7) the premises is at least 2,300 square feet and sits
5    on a lot that is between 6,100 and 6,150 square feet.
6    (l) Notwithstanding any provision in this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor at a premises that is located within a municipality with
10a population in excess of 1,000,000 inhabitants and is within
11100 feet of a church or school if:
12        (1) the primary entrance of the premises and the
13    closest entrance of the church or school is at least 90
14    feet apart and no greater than 95 feet apart;
15        (2) the shortest distance between the premises and the
16    church or school is at least 80 feet apart and no greater
17    than 85 feet apart;
18        (3) the applicant is the owner of the restaurant and on
19    November 15, 2006 held a valid license authorizing the sale
20    of alcoholic liquor for the business to be conducted on the
21    premises for at least 14 different locations;
22        (4) the sale of alcoholic liquor at the premises is
23    incidental to the sale of food;
24        (5) the sale of alcoholic liquor is not the principal
25    business carried on by the licensee at the premises;
26        (6) the premises is at least 3,200 square feet and sits

 

 

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1    on a lot that is between 7,150 and 7,200 square feet; and
2        (7) the principal religious leader at the place of
3    worship has not indicated his or her opposition to the
4    issuance or renewal of the license in writing.
5    (m) Notwithstanding any provision in this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license authorizing the sale of alcoholic
8liquor at a premises that is located within a municipality with
9a population in excess of 1,000,000 inhabitants and is within
10100 feet of a church if:
11        (1) the premises and the church are perpendicular, and
12    the primary entrance of the premises faces South while the
13    primary entrance of the church faces West and the distance
14    between the two entrances is more than 100 feet;
15        (2) the shortest distance between the premises lot line
16    and the exterior wall of the church is at least 80 feet;
17        (3) the church was established at the current location
18    in 1916 and the present structure was erected in 1925;
19        (4) the premises is a single story, single use building
20    with at least 1,750 square feet and no more than 2,000
21    square feet;
22        (5) the sale of alcoholic liquor at the premises is
23    incidental to the sale of food;
24        (6) the sale of alcoholic liquor is not the principal
25    business carried on by the licensee at the premises; and
26        (7) the principal religious leader at the place of

 

 

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1    worship has not indicated his or her opposition to the
2    issuance or renewal of the license in writing.
3    (n) Notwithstanding any provision in this Section to the
4contrary, nothing in this Section shall prohibit the issuance
5or renewal of a license authorizing the sale of alcoholic
6liquor at a premises that is located within a municipality with
7a population in excess of 1,000,000 inhabitants and is within
8100 feet of a school if:
9        (1) the school is a City of Chicago School District 299
10    school;
11        (2) the school is located within subarea E of City of
12    Chicago Residential Business Planned Development Number
13    70;
14        (3) the sale of alcoholic liquor is not the principal
15    business carried on by the licensee on the premises;
16        (4) the sale of alcoholic liquor at the premises is
17    incidental to the sale of food; and
18        (5) the administration of City of Chicago School
19    District 299 has expressed, in writing, its support for the
20    issuance of the license.
21    (o) Notwithstanding any provision of this Section to the
22contrary, nothing in this Section shall prohibit the issuance
23or renewal of a retail license authorizing the sale of
24alcoholic liquor at a premises that is located within a
25municipality in excess of 1,000,000 inhabitants and within 100
26feet of a church if:

 

 

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1        (1) the sale of alcoholic liquor at the premises is
2    incidental to the sale of food;
3        (2) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the premises;
5        (3) the premises is located on a street that runs
6    perpendicular to the street on which the church is located;
7        (4) the primary entrance of the premises is at least
8    100 feet from the primary entrance of the church;
9        (5) the shortest distance between any part of the
10    premises and any part of the church is at least 60 feet;
11        (6) the premises is between 3,600 and 4,000 square feet
12    and sits on a lot that is between 3,600 and 4,000 square
13    feet; and
14        (7) the premises was built in the year 1909.
15    For purposes of this subsection (o), "premises" means a
16place of business together with a privately owned outdoor
17location that is adjacent to the place of business.
18    (p) Notwithstanding any provision in this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor at a premises that is located within a municipality with
22a population in excess of 1,000,000 inhabitants and within 100
23feet of a church if:
24        (1) the shortest distance between the backdoor of the
25    premises, which is used as an emergency exit, and the
26    church is at least 80 feet;

 

 

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

 

 

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

 

 

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1    sale of alcoholic liquor on the premises for more than 40
2    years.
3    (s) Notwithstanding any provision of this Section to the
4contrary, nothing in this Section shall prohibit renewal of a
5license authorizing the sale of alcoholic liquor at a premises
6that is located within a municipality with a population more
7than 5,000 and less than 10,000 and is within 100 feet of a
8church if:
9        (1) the church was established at the location within
10    100 feet of the premises after a license for the sale of
11    alcoholic liquor at the premises was first issued;
12        (2) a license for sale of alcoholic liquor at the
13    premises was first issued before January 1, 2007; and
14        (3) a license for the sale of alcoholic liquor on the
15    premises has been continuously in effect since January 1,
16    2007, except for interruptions between licenses of no more
17    than 90 days.
18    (t) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor incidental to the sale of food within a restaurant that
22is established in a premises that is located in a municipality
23with a population in excess of 1,000,000 inhabitants and within
24100 feet of a school and a church if:
25        (1) the restaurant is located inside a five-story
26    building with over 16,800 square feet of commercial space;

 

 

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1        (2) the area of the premises does not exceed 31,050
2    square feet;
3        (3) the area of the restaurant does not exceed 5,800
4    square feet;
5        (4) the building has no less than 78 condominium units;
6        (5) the construction of the building in which the
7    restaurant is located was completed in 2006;
8        (6) the building has 10 storefront properties, 3 of
9    which are used for the restaurant;
10        (7) the restaurant will open for business in 2010;
11        (8) the building is north of the school and separated
12    by an alley; and
13        (9) the principal religious leader of the church and
14    either the alderman of the ward in which the school is
15    located or the principal of the school have delivered a
16    written statement to the local liquor control commissioner
17    stating that he or she does not object to the issuance of a
18    license under this subsection (t).
19    (u) Notwithstanding any provision in this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of a license to sell alcoholic liquor at a premises
22that is located within a municipality with a population in
23excess of 1,000,000 inhabitants and within 100 feet of a school
24if:
25        (1) the premises operates as a restaurant and has been
26    in operation since February 2008;

 

 

SB0398 Enrolled- 21 -LRB099 03227 RPS 23235 b

1        (2) the applicant is the owner of the premises;
2        (3) the sale of alcoholic liquor is incidental to the
3    sale of food;
4        (4) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee on the premises;
6        (5) the premises occupy the first floor of a 3-story
7    building that is at least 90 years old;
8        (6) the rear lot of the school and the rear corner of
9    the building that the premises occupy are separated by an
10    alley;
11        (7) the distance from the southwest corner of the
12    property line of the school and the northeast corner of the
13    building that the premises occupy is at least 16 feet, 5
14    inches;
15        (8) the distance from the rear door of the premises to
16    the southwest corner of the property line of the school is
17    at least 93 feet;
18        (9) the school is a City of Chicago School District 299
19    school;
20        (10) the school's main structure was erected in 1902
21    and an addition was built to the main structure in 1959;
22    and
23        (11) the principal of the school and the alderman in
24    whose district the premises are located have expressed, in
25    writing, their support for the issuance of the license.
26    (v) Notwithstanding any provision in this Section to the

 

 

SB0398 Enrolled- 22 -LRB099 03227 RPS 23235 b

1contrary, nothing in this Section shall prohibit the issuance
2or renewal of a license authorizing the sale of alcoholic
3liquor at a premises that is located within a municipality with
4a population in excess of 1,000,000 inhabitants and is within
5100 feet of a school if:
6        (1) the total land area of the premises for which the
7    license or renewal is sought is more than 600,000 square
8    feet;
9        (2) the premises for which the license or renewal is
10    sought has more than 600 parking stalls;
11        (3) the total area of all buildings on the premises for
12    which the license or renewal is sought exceeds 140,000
13    square feet;
14        (4) the property line of the premises for which the
15    license or renewal is sought is separated from the property
16    line of the school by a street;
17        (5) the distance from the school's property line to the
18    property line of the premises for which the license or
19    renewal is sought is at least 60 feet;
20        (6) as of the effective date of this amendatory Act of
21    the 97th General Assembly, the premises for which the
22    license or renewal is sought is located in the Illinois
23    Medical District.
24    (w) Notwithstanding any provision in this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license to sell alcoholic liquor at a premises

 

 

SB0398 Enrolled- 23 -LRB099 03227 RPS 23235 b

1that is located within a municipality with a population in
2excess of 1,000,000 inhabitants and within 100 feet of a church
3if:
4        (1) the sale of alcoholic liquor at the premises is
5    incidental to the sale of food;
6        (2) the sale of alcoholic liquor is not the principal
7    business carried on by the licensee at the premises;
8        (3) the premises occupy the first floor and basement of
9    a 2-story building that is 106 years old;
10        (4) the premises is at least 7,000 square feet and
11    located on a lot that is at least 11,000 square feet;
12        (5) the premises is located directly west of the
13    church, on perpendicular streets, and separated by an
14    alley;
15        (6) the distance between the property line of the
16    premises and the property line of the church is at least 20
17    feet;
18        (7) the distance between the primary entrance of the
19    premises and the primary entrance of the church is at least
20    130 feet; and
21        (8) the church has been at its location for at least 40
22    years.
23    (x) Notwithstanding any provision of 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

 

 

SB0398 Enrolled- 24 -LRB099 03227 RPS 23235 b

1a population in excess of 1,000,000 inhabitants and within 100
2feet of a church if:
3        (1) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the premises;
5        (2) the church has been operating in its current
6    location since 1973;
7        (3) the premises has been operating in its current
8    location since 1988;
9        (4) the church and the premises are owned by the same
10    parish;
11        (5) the premises is used for cultural and educational
12    purposes;
13        (6) the primary entrance to the premises and the
14    primary entrance to the church are located on the same
15    street;
16        (7) the principal religious leader of the church has
17    indicated his support of the issuance of the license;
18        (8) the premises is a 2-story building of approximately
19    23,000 square feet; and
20        (9) the premises houses a ballroom on its ground floor
21    of approximately 5,000 square feet.
22    (y) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor at a premises that is located within a municipality with
26a population in excess of 1,000,000 inhabitants and within 100

 

 

SB0398 Enrolled- 25 -LRB099 03227 RPS 23235 b

1feet of a school if:
2        (1) the sale of alcoholic liquor is not the principal
3    business carried on by the licensee at the premises;
4        (2) the sale of alcoholic liquor at the premises is
5    incidental to the sale of food;
6        (3) according to the municipality, the distance
7    between the east property line of the premises and the west
8    property line of the school is 97.8 feet;
9        (4) the school is a City of Chicago School District 299
10    school;
11        (5) the school has been operating since 1959;
12        (6) the primary entrance to the premises and the
13    primary entrance to the school are located on the same
14    street;
15        (7) the street on which the entrances of the premises
16    and the school are located is a major diagonal
17    thoroughfare;
18        (8) the premises is a single-story building of
19    approximately 2,900 square feet; and
20        (9) the premises is used for commercial purposes only.
21    (z) 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 at a premises that is located within a municipality with
25a population in excess of 1,000,000 inhabitants and within 100
26feet of a mosque if:

 

 

SB0398 Enrolled- 26 -LRB099 03227 RPS 23235 b

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

 

 

SB0398 Enrolled- 27 -LRB099 03227 RPS 23235 b

1feet of a church if:
2        (1) the sale of alcoholic liquor is not the principal
3    business carried on by the licensee at the premises;
4        (2) the licensee shall only sell packaged liquors at
5    the premises;
6        (3) the licensee is a national retail chain having over
7    100 locations within the municipality;
8        (4) the licensee has over 8,000 locations nationwide;
9        (5) the licensee has locations in all 50 states;
10        (6) the premises is located in the North-East quadrant
11    of the municipality;
12        (7) the premises is located across the street from a
13    national grocery chain outlet;
14        (8) the premises has approximately 16,148 square feet
15    of retail space;
16        (9) the premises has approximately 992 square feet of
17    pharmacy space;
18        (10) the premises is located on a major arterial street
19    that runs north-south and accepts truck traffic; and
20        (11) the alderman of the ward in which the premises is
21    located has expressed, in writing, his or her support for
22    the issuance of the license.
23    (bb) Notwithstanding any provision of 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

 

 

SB0398 Enrolled- 28 -LRB099 03227 RPS 23235 b

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

 

 

SB0398 Enrolled- 29 -LRB099 03227 RPS 23235 b

1feet of a school if:
2        (1) the sale of alcoholic liquor is not the principal
3    business carried on by the licensee at the premises;
4        (2) the licensee shall only sell packaged liquors at
5    the premises;
6        (3) the licensee is a national retail chain;
7        (4) as of October 25, 2011, the licensee has 1,767
8    stores operating nationwide, 87 stores operating in the
9    State, and 10 stores operating within the municipality;
10        (5) the licensee shall occupy approximately 124,000
11    square feet of space in the basement and first and second
12    floors of a building located across the street from a
13    school;
14        (6) the school opened in August of 2009 and occupies
15    approximately 67,000 square feet of space; and
16        (7) the building in which the premises shall be located
17    has been listed on the National Register of Historic Places
18    since April 17, 1970.
19    (dd) Notwithstanding any provision in this Section to the
20contrary, nothing in this Section shall prohibit the issuance
21or renewal of a license authorizing the sale of alcoholic
22liquor within a full-service grocery store at a premises that
23is located within a municipality with a population in excess of
241,000,000 inhabitants and is within 100 feet of a school if:
25        (1) the premises is constructed on land that was
26    purchased from the municipality at a fair market price;

 

 

SB0398 Enrolled- 30 -LRB099 03227 RPS 23235 b

1        (2) the premises is constructed on land that was
2    previously used as a parking facility for public safety
3    employees;
4        (3) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (4) the main entrance to the store is more than 100
7    feet from the main entrance to the school;
8        (5) the premises is to be new construction;
9        (6) the school is a private school;
10        (7) the principal of the school has given written
11    approval for the license;
12        (8) the alderman of the ward where the premises is
13    located has given written approval of the issuance of the
14    license;
15        (9) the grocery store level of the premises is between
16    60,000 and 70,000 square feet; and
17        (10) the owner and operator of the grocery store
18    operates 2 other grocery stores that have alcoholic liquor
19    licenses within the same municipality.
20    (ee) 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 within a full-service grocery store at a premises that
24is located within a municipality with a population in excess of
251,000,000 inhabitants and is within 100 feet of a school if:
26        (1) the premises is constructed on land that once

 

 

SB0398 Enrolled- 31 -LRB099 03227 RPS 23235 b

1    contained an industrial steel facility;
2        (2) the premises is located on land that has undergone
3    environmental remediation;
4        (3) the premises is located within a retail complex
5    containing retail stores where some of the stores sell
6    alcoholic beverages;
7        (4) the principal activity of any restaurant in the
8    retail complex is the sale of food, and the sale of
9    alcoholic liquor is incidental to the sale of food;
10        (5) the sale of alcoholic liquor is not the principal
11    business carried on by the grocery store;
12        (6) the entrance to any business that sells alcoholic
13    liquor is more than 100 feet from the entrance to the
14    school;
15        (7) the alderman of the ward where the premises is
16    located has given written approval of the issuance of the
17    license; and
18        (8) the principal of the school has given written
19    consent to the issuance of the license.
20    (ff) Notwithstanding any provision of 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 within 100
25feet of a school if:
26        (1) the sale of alcoholic liquor is not the principal

 

 

SB0398 Enrolled- 32 -LRB099 03227 RPS 23235 b

1    business carried on at the premises;
2        (2) the sale of alcoholic liquor at the premises is
3    incidental to the operation of a theater;
4        (3) the premises is a one and one-half-story building
5    of approximately 10,000 square feet;
6        (4) the school is a City of Chicago School District 299
7    school;
8        (5) the primary entrance of the premises and the
9    primary entrance of the school are at least 300 feet apart
10    and no more than 400 feet apart;
11        (6) the alderman of the ward in which the premises is
12    located has expressed, in writing, his support for the
13    issuance of the license; and
14        (7) the principal of the school has expressed, in
15    writing, that there is no objection to the issuance of a
16    license under this subsection (ff).
17    (gg) Notwithstanding any provision of this Section to the
18contrary, nothing in this Section shall prohibit the issuance
19or renewal of a license authorizing the sale of alcoholic
20liquor incidental to the sale of food within a restaurant or
21banquet facility established in a premises that is located in a
22municipality with a population in excess of 1,000,000
23inhabitants and within 100 feet of a church if:
24        (1) the sale of alcoholic liquor is not the principal
25    business carried on by the licensee at the premises;
26        (2) the property on which the church is located and the

 

 

SB0398 Enrolled- 33 -LRB099 03227 RPS 23235 b

1    property on which the premises are located are both within
2    a district originally listed on the National Register of
3    Historic Places on February 14, 1979;
4        (3) the property on which the premises are located
5    contains one or more multi-story buildings that are at
6    least 95 years old and have no more than three stories;
7        (4) the building in which the church is located is at
8    least 120 years old;
9        (5) the property on which the church is located is
10    immediately adjacent to and west of the property on which
11    the premises are located;
12        (6) the western boundary of the property on which the
13    premises are located is no less than 118 feet in length and
14    no more than 122 feet in length;
15        (7) as of December 31, 2012, both the church property
16    and the property on which the premises are located are
17    within 250 feet of City of Chicago Business-Residential
18    Planned Development Number 38;
19        (8) the principal religious leader at the place of
20    worship has indicated his or her support for the issuance
21    of the license in writing; and
22        (9) the alderman in whose district the premises are
23    located has expressed his or her support for the issuance
24    of the license in writing.
25    For the purposes of this subsection, "banquet facility"
26means the part of the building that is located on the floor

 

 

SB0398 Enrolled- 34 -LRB099 03227 RPS 23235 b

1above a restaurant and caters to private parties and where the
2sale of alcoholic liquors is not the principal business.
3    (hh) Notwithstanding any provision of this Section to the
4contrary, nothing in this Section shall prohibit the issuance
5or renewal of a license authorizing the sale of alcoholic
6liquor within a hotel and at an outdoor patio area attached to
7the hotel that are located in a municipality with a population
8in excess of 1,000,000 inhabitants and that are within 100 feet
9of a hospital if:
10        (1) the sale of alcoholic liquor is not the principal
11    business carried on by the licensee at the hotel;
12        (2) the hotel is located within the City of Chicago
13    Business Planned Development Number 468; and
14        (3) the hospital is located within the City of Chicago
15    Institutional Planned Development Number 3.
16    (ii) Notwithstanding any provision of this Section to the
17contrary, nothing in this Section shall prohibit the issuance
18or renewal of a license authorizing the sale of alcoholic
19liquor within a restaurant and at an outdoor patio area
20attached to the restaurant that are located in a municipality
21with a population in excess of 1,000,000 inhabitants and that
22are within 100 feet of a church if:
23        (1) the sale of alcoholic liquor at the premises is not
24    the principal business carried on by the licensee and is
25    incidental to the sale of food;
26        (2) the restaurant has been operated on the street

 

 

SB0398 Enrolled- 35 -LRB099 03227 RPS 23235 b

1    level of a 2-story building located on a corner lot since
2    2008;
3        (3) the restaurant is between 3,700 and 4,000 square
4    feet and sits on a lot that is no more than 6,200 square
5    feet;
6        (4) the primary entrance to the restaurant and the
7    primary entrance to the church are located on the same
8    street;
9        (5) the street on which the restaurant and the church
10    are located is a major east-west street;
11        (6) the restaurant and the church are separated by a
12    one-way northbound street;
13        (7) the church is located to the west of and no more
14    than 65 feet from the restaurant; and
15        (8) the principal religious leader at the place of
16    worship has indicated his or her consent to the issuance of
17    the license in writing.
18    (jj) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor at premises located within a municipality with a
22population in excess of 1,000,000 inhabitants and within 100
23feet of a church if:
24        (1) the sale of alcoholic liquor is not the principal
25    business carried on by the licensee at the premises;
26        (2) the sale of alcoholic liquor is incidental to the

 

 

SB0398 Enrolled- 36 -LRB099 03227 RPS 23235 b

1    sale of food;
2        (3) the premises are located east of the church, on
3    perpendicular streets, and separated by an alley;
4        (4) the distance between the primary entrance of the
5    premises and the primary entrance of the church is at least
6    175 feet;
7        (5) the distance between the property line of the
8    premises and the property line of the church is at least 40
9    feet;
10        (6) the licensee has been operating at the premises
11    since 2012;
12        (7) the church was constructed in 1904;
13        (8) the alderman of the ward in which the premises is
14    located has expressed, in writing, his or her support for
15    the issuance of the license; and
16        (9) the principal religious leader of the church has
17    delivered a written statement that he or she does not
18    object to the issuance of a license under this subsection
19    (jj).
20    (kk) Notwithstanding any provision of 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 within 100
25feet of a school if:
26        (1) the sale of alcoholic liquor is not the principal

 

 

SB0398 Enrolled- 37 -LRB099 03227 RPS 23235 b

1    business carried on by the licensee at the premises;
2        (2) the licensee shall only sell packaged liquors on
3    the premises;
4        (3) the licensee is a national retail chain;
5        (4) as of February 27, 2013, the licensee had 1,778
6    stores operating nationwide, 89 operating in this State,
7    and 11 stores operating within the municipality;
8        (5) the licensee shall occupy approximately 169,048
9    square feet of space within a building that is located
10    across the street from a tuition-based preschool; and
11        (6) 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    (ll) 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 school 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 licensee shall only sell packaged liquors on
23    the premises;
24        (3) the licensee is a national retail chain;
25        (4) as of February 27, 2013, the licensee had 1,778
26    stores operating nationwide, 89 operating in this State,

 

 

SB0398 Enrolled- 38 -LRB099 03227 RPS 23235 b

1    and 11 stores operating within the municipality;
2        (5) the licensee shall occupy approximately 191,535
3    square feet of space within a building that is located
4    across the street from an elementary school; and
5        (6) the alderman of the ward in which the premises is
6    located has expressed, in writing, his or her support for
7    the issuance of the license.
8    (mm) 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 premises and at an outdoor patio or sidewalk
12cafe, or both, attached to premises that are located in a
13municipality with a population in excess of 1,000,000
14inhabitants and that are within 100 feet of a hospital if:
15        (1) the primary business of the restaurant consists of
16    the sale of food where the sale of liquor is incidental to
17    the sale of food;
18        (2) as a restaurant, the premises may or may not offer
19    catering as an incidental part of food service;
20        (3) the primary business of the restaurant is conducted
21    in space owned by a hospital or an entity owned or
22    controlled by, under common control with, or that controls
23    a hospital, and the chief hospital administrator has
24    expressed his or her support for the issuance of the
25    license in writing; and
26        (4) the hospital is an adult acute care facility

 

 

SB0398 Enrolled- 39 -LRB099 03227 RPS 23235 b

1    primarily located within the City of Chicago Institutional
2    Planned Development Number 3.
3    (nn) Notwithstanding any provision of this Section to the
4contrary, nothing in this Section shall prohibit the issuance
5or renewal of a license authorizing the sale of alcoholic
6liquor at a premises that is located within a municipality with
7a population in excess of 1,000,000 inhabitants and within 100
8feet of a church if:
9        (1) the sale of alcoholic liquor is not the principal
10    business carried out on the premises;
11        (2) the sale of alcoholic liquor at the premises is
12    incidental to the operation of a theater;
13        (3) the premises are a building that was constructed in
14    1913 and opened on May 24, 1915 as a vaudeville theater,
15    and the premises were converted to a motion picture theater
16    in 1935;
17        (4) the church was constructed in 1889 with a stone
18    exterior;
19        (5) the primary entrance of the premises and the
20    primary entrance of the church are at least 100 feet apart;
21    and
22        (6) the principal religious leader at the place of
23    worship has indicated his or her consent to the issuance of
24    the license in writing; and
25        (7) the alderman in whose ward the premises are located
26    has expressed his or her support for the issuance of the

 

 

SB0398 Enrolled- 40 -LRB099 03227 RPS 23235 b

1    license in writing.
2    (oo) Notwithstanding any provision of this Section to the
3contrary, nothing in this Section shall prohibit the issuance
4or renewal of a license authorizing the sale of alcoholic
5liquor at a premises that is located within a municipality with
6a population in excess of 1,000,000 inhabitants and within 100
7feet of a mosque, church, or other place of worship if:
8        (1) the primary entrance of the premises and the
9    primary entrance of the mosque, church, or other place of
10    worship are perpendicular and are on different streets;
11        (2) the primary entrance to the premises faces West and
12    the primary entrance to the mosque, church, or other place
13    of worship faces South;
14        (3) the distance between the 2 primary entrances is at
15    least 100 feet;
16        (4) the mosque, church, or other place of worship was
17    established in a location within 100 feet of the premises
18    after a license for the sale of alcohol at the premises was
19    first issued;
20        (5) the mosque, church, or other place of worship was
21    established on or around January 1, 2011;
22        (6) a license for the sale of alcohol at the premises
23    was first issued on or before January 1, 1985;
24        (7) a license for the sale of alcohol at the premises
25    has been continuously in effect since January 1, 1985,
26    except for interruptions between licenses of no more than

 

 

SB0398 Enrolled- 41 -LRB099 03227 RPS 23235 b

1    90 days; and
2        (8) the premises are a single-story, single-use
3    building of at least 3,000 square feet and no more than
4    3,380 square feet.
5    (pp) Notwithstanding any provision of this Section to the
6contrary, nothing in this Section shall prohibit the issuance
7or renewal of a license authorizing the sale of alcoholic
8liquor incidental to the sale of food within a restaurant or
9banquet facility established on premises that are located in a
10municipality with a population in excess of 1,000,000
11inhabitants and within 100 feet of at least one church if:
12        (1) the sale of liquor shall not be the principal
13    business carried on by the licensee at the premises;
14        (2) the premises are at least 2,000 square feet and no
15    more than 10,000 square feet and is located in a
16    single-story building;
17        (3) the property on which the premises are located is
18    within an area that, as of 2009, was designated as a
19    Renewal Community by the United States Department of
20    Housing and Urban Development;
21        (4) the property on which the premises are located and
22    the properties on which the churches are located are on the
23    same street;
24        (5) the property on which the premises are located is
25    immediately adjacent to and east of the property on which
26    at least one of the churches is located;

 

 

SB0398 Enrolled- 42 -LRB099 03227 RPS 23235 b

1        (6) the property on which the premises are located is
2    across the street and southwest of the property on which
3    another church is located;
4        (7) the principal religious leaders of the churches
5    have indicated their support for the issuance of the
6    license in writing; and
7        (8) the alderman in whose ward the premises are located
8    has expressed his or her support for the issuance of the
9    license in writing.
10    For purposes of this subsection (pp), "banquet facility"
11means the part of the building that caters to private parties
12and where the sale of alcoholic liquors is not the principal
13business.
14    (qq) 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 on premises that are located within a municipality with
18a population in excess of 1,000,000 inhabitants and within 100
19feet of a church or school if:
20        (1) the primary entrance of the premises and the
21    closest entrance of the church or school are at least 200
22    feet apart and no greater than 300 feet apart;
23        (2) the shortest distance between the premises and the
24    church or school is at least 66 feet apart and no greater
25    than 81 feet apart;
26        (3) the premises are a single-story, steel-framed

 

 

SB0398 Enrolled- 43 -LRB099 03227 RPS 23235 b

1    commercial building with at least 18,042 square feet, and
2    was constructed in 1925 and 1997;
3        (4) the owner of the business operated within the
4    premises has been the general manager of a similar
5    supermarket within one mile from the premises, which has
6    had a valid license authorizing the sale of alcoholic
7    liquor since 2002, and is in good standing with the City of
8    Chicago;
9        (5) the principal religious leader at the place of
10    worship has indicated his or her support to the issuance or
11    renewal of the license in writing;
12        (6) the alderman of the ward has indicated his or her
13    support to the issuance or renewal of the license in
14    writing; and
15        (7) the principal of the school has indicated his or
16    her support to the issuance or renewal of the license in
17    writing.
18    (rr) Notwithstanding any provision of this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license authorizing the sale of alcoholic
21liquor at premises located within a municipality with a
22population in excess of 1,000,000 inhabitants and within 100
23feet of a club that leases space to a school if:
24        (1) the sale of alcoholic liquor is not the principal
25    business carried out on the premises;
26        (2) the sale of alcoholic liquor at the premises is

 

 

SB0398 Enrolled- 44 -LRB099 03227 RPS 23235 b

1    incidental to the operation of a grocery store;
2        (3) the premises are a building of approximately 1,750
3    square feet and is rented by the owners of the grocery
4    store from a family member;
5        (4) the property line of the premises is approximately
6    68 feet from the property line of the club;
7        (5) the primary entrance of the premises and the
8    primary entrance of the club where the school leases space
9    are at least 100 feet apart;
10        (6) the director of the club renting space to the
11    school has indicated his or her consent to the issuance of
12    the license in writing; and
13        (7) the alderman in whose district the premises are
14    located has expressed his or her support for the issuance
15    of the license in writing.
16    (ss) Notwithstanding any provision of this Section to the
17contrary, nothing in this Section shall prohibit the issuance
18or renewal of a license authorizing the sale of alcoholic
19liquor at premises located within a municipality with a
20population in excess of 1,000,000 inhabitants and within 100
21feet of a church if:
22        (1) the premises are located within a 15 unit building
23    with 13 residential apartments and 2 commercial spaces, and
24    the licensee will occupy both commercial spaces;
25        (2) a restaurant has been operated on the premises
26    since June 2011;

 

 

SB0398 Enrolled- 45 -LRB099 03227 RPS 23235 b

1        (3) the restaurant currently occupies 1,075 square
2    feet, but will be expanding to include 975 additional
3    square feet;
4        (4) the sale of alcoholic liquor is not the principal
5    business carried on by the licensee at the premises;
6        (5) the premises are located south of the church and on
7    the same street and are separated by a one-way westbound
8    street;
9        (6) the primary entrance of the premises is at least 93
10    feet from the primary entrance of the church;
11        (7) the shortest distance between any part of the
12    premises and any part of the church is at least 72 feet;
13        (8) the building in which the restaurant is located was
14    built in 1910;
15        (9) the alderman of the ward in which the premises are
16    located has expressed, in writing, his or her support for
17    the issuance of the license; and
18        (10) the principal religious leader of the church has
19    delivered a written statement that he or she does not
20    object to the issuance of a license under this subsection
21    (ss).
22    (tt) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor at premises located within a municipality with a
26population in excess of 1,000,000 inhabitants and within 100

 

 

SB0398 Enrolled- 46 -LRB099 03227 RPS 23235 b

1feet of a church if:
2        (1) the sale of alcoholic liquor is not the principal
3    business carried on by the licensee at the premises;
4        (2) the sale of alcoholic liquor is incidental to the
5    sale of food;
6        (3) the sale of alcoholic liquor at the premises was
7    previously authorized by a package goods liquor license;
8        (4) the premises are at least 40,000 square feet with
9    25 parking spaces in the contiguous surface lot to the
10    north of the store and 93 parking spaces on the roof;
11        (5) the shortest distance between the lot line of the
12    parking lot of the premises and the exterior wall of the
13    church is at least 80 feet;
14        (6) the distance between the building in which the
15    church is located and the building in which the premises
16    are located is at least 180 feet;
17        (7) the main entrance to the church faces west and is
18    at least 257 feet from the main entrance of the premises;
19    and
20        (8) the applicant is the owner of 10 similar grocery
21    stores within the City of Chicago and the surrounding area
22    and has been in business for more than 30 years.
23    (uu) Notwithstanding any provision of 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 premises located within a municipality with a

 

 

SB0398 Enrolled- 47 -LRB099 03227 RPS 23235 b

1population in excess of 1,000,000 inhabitants and within 100
2feet of a church if:
3        (1) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the premises;
5        (2) the sale of alcoholic liquor is incidental to the
6    operation of a grocery store;
7        (3) the premises are located in a building that is
8    approximately 68,000 square feet with 157 parking spaces on
9    property that was previously vacant land;
10        (4) the main entrance to the church faces west and is
11    at least 500 feet from the entrance of the premises, which
12    faces north;
13        (5) the church and the premises are separated by an
14    alley;
15        (6) the applicant is the owner of 9 similar grocery
16    stores in the City of Chicago and the surrounding area and
17    has been in business for more than 40 years; and
18        (7) the alderman of the ward in which the premises are
19    located has expressed, in writing, his or her support for
20    the issuance of the license.
21    (vv) 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 at premises located within a municipality with a
25population in excess of 1,000,000 inhabitants and within 100
26feet of a church if:

 

 

SB0398 Enrolled- 48 -LRB099 03227 RPS 23235 b

1        (1) the sale of alcoholic liquor is the principal
2    business carried on by the licensee at the premises;
3        (2) the sale of alcoholic liquor is primary to the sale
4    of food;
5        (3) the premises are located south of the church and on
6    perpendicular streets and are separated by a driveway;
7        (4) the primary entrance of the premises is at least
8    100 feet from the primary entrance of the church;
9        (5) the shortest distance between any part of the
10    premises and any part of the church is at least 15 feet;
11        (6) the premises are less than 100 feet from the church
12    center, but greater than 100 feet from the area within the
13    building where church services are held;
14        (7) the premises are 25,830 square feet and sit on a
15    lot that is 0.48 acres;
16        (8) the premises were once designated as a Korean
17    American Presbyterian Church and were once used as a
18    Masonic Temple;
19        (9) the premises were built in 1910;
20        (10) the alderman of the ward in which the premises are
21    located has expressed, in writing, his or her support for
22    the issuance of the license; and
23        (11) the principal religious leader of the church has
24    delivered a written statement that he or she does not
25    object to the issuance of a license under this subsection
26    (vv).

 

 

SB0398 Enrolled- 49 -LRB099 03227 RPS 23235 b

1    For the purposes of this subsection (vv), "premises" means
2a place of business together with a privately owned outdoor
3location that is adjacent to the place of business.
4    (ww) Notwithstanding any provision of this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6or renewal of a license authorizing the sale of alcoholic
7liquor at premises located within a municipality with a
8population in excess of 1,000,000 inhabitants and within 100
9feet of a school if:
10        (1) the school is located within Sub Area III of City
11    of Chicago Residential-Business Planned Development Number
12    523, as amended; and
13        (2) the premises are located within Sub Area I, Sub
14    Area II, or Sub Area IV of City of Chicago
15    Residential-Business Planned Development Number 523, as
16    amended.
17    (xx) Notwithstanding any provision of 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 premises located within a municipality with a
21population in excess of 1,000,000 inhabitants and within 100
22feet of a church if:
23        (1) the sale of wine or wine-related products is the
24    exclusive business carried on by the licensee at the
25    premises;
26        (2) the primary entrance of the premises and the

 

 

SB0398 Enrolled- 50 -LRB099 03227 RPS 23235 b

1    primary entrance of the church are at least 100 feet apart
2    and are located on different streets;
3        (3) the building in which the premises are located and
4    the building in which the church is located are separated
5    by an alley;
6        (4) the premises consists of less than 2,000 square
7    feet of floor area dedicated to the sale of wine or
8    wine-related products;
9        (5) the premises are located on the first floor of a
10    2-story building that is at least 99 years old and has a
11    residential unit on the second floor; and
12        (6) the principal religious leader at the church has
13    indicated his or her support for the issuance or renewal of
14    the license in writing.
15(Source: P.A. 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634,
16eff. 12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12;
1797-806, eff. 7-13-12; 97-1166, eff. 3-1-13; 98-274, eff.
188-9-13; 98-463, eff. 8-16-13; 98-571, eff. 8-27-13; 98-592,
19eff. 11-15-13; 98-1092, eff. 8-26-14; 98-1158, eff. 1-9-15.)
 
20    (235 ILCS 5/6-22.5 new)
21    Sec. 6-22.5. Infusions.
22    (a) For purposes of this Section, "infusion" means a spirit
23where ingredients, including, but not limited to, fruits,
24spices, or nuts, are added to naturally infuse flavor into the
25spirit.

 

 

SB0398 Enrolled- 51 -LRB099 03227 RPS 23235 b

1    (b) A retail licensee that is preparing an infusion for
2consumption on the premises shall comply with the following
3requirements:
4        (1) the infusion shall be mixed and stored on the
5    premises of the licensee;
6        (2) the container that the infusion is stored in must
7    have a lid and be in sanitary condition;
8        (3) the infusion shall not be aged for more than 14
9    days;
10        (4) the infusion must be used or destroyed within 21
11    days after the end of the aging process;
12        (5) cleaning records for the container that the
13    infusion is stored in must be available for inspection by
14    agents of the State Commission; and
15        (6) the container that the infusion is stored in must
16    have a label affixed to the container that provides the
17    production date of the infusion, the base spirit of the
18    infusion, the date the infusion will finish the aging
19    process, and the date by which the infusion must be
20    destroyed.
 
21    (235 ILCS 5/6-27.1)
22    (This Section may contain text from a Public Act with a
23delayed effective date)
24    Sec. 6-27.1. Responsible alcohol service server training.
25    (a) Unless issued a valid server training certificate

 

 

SB0398 Enrolled- 52 -LRB099 03227 RPS 23235 b

1between July 1, 2012 and July 1, 2015 by a certified Beverage
2Alcohol Sellers and Servers Education and Training (BASSET)
3trainer, all alcohol servers in Cook County are required to
4obtain and complete training in basic responsible alcohol
5service as outlined in 77 Ill. Adm. Code 3500, as those
6provisions exist on July 1, 2015 (the effective date of Public
7Act 98-939), by July 1, 2015 or within 120 days after the
8alcohol server begins his or her employment, whichever is
9later. All alcohol servers in a county, other than Cook County,
10with a population of 200,000 inhabitants or more are required
11to obtain and complete training in basic responsible alcohol
12service as outlined in 77 Ill. Adm. Code 3500, as those
13provisions exist on July 1, 2015 (the effective date of Public
14Act 98-939), by July 1, 2016 or within 120 days after the
15alcohol server begins his or her employment, whichever is
16later. All alcohol servers in a county with a population of
17more than 30,000 inhabitants and less than 200,000 inhabitants
18are required to obtain and complete training in basic
19responsible alcohol service as outlined in 77 Ill. Adm. Code
203500, as those provisions exist on July 1, 2015 (the effective
21date of Public Act 98-939), by July 1, 2017 or within 120 days
22after the alcohol server begins his or her employment,
23whichever is later. All alcohol servers in counties with a
24population of 30,000 inhabitants or less are required to obtain
25and complete training in basic responsible alcohol service as
26outlined in 77 Ill. Adm. Code 3500, as those provisions exist

 

 

SB0398 Enrolled- 53 -LRB099 03227 RPS 23235 b

1on July 1, 2015 (the effective date of Public Act 98-939), by
2July 1, 2018 or within 120 days after the alcohol server begins
3his or her employment, whichever is later.
4    There is no limit to the amount of times a server may take
5the training. A certificate of training belongs to the server,
6and a server may transfer a certificate of training to a
7different employer, but shall not transfer a certificate of
8training to another server. Proof that an alcohol server has
9been trained must be available upon reasonable request by State
10law enforcement officials. For the purpose of this Section,
11"alcohol servers" means persons who sell or serve open
12containers of alcoholic beverages at retail and anyone whose
13job description entails the checking of identification for the
14purchase of open containers of alcoholic beverages at retail or
15for entry into the licensed premises. The definition does not
16include (i) a distributor or importing distributor conducting
17product sampling as authorized in Section 6-31 of this Act or a
18registered tasting representative, as provided in 11 Ill. Adm.
19Code 100.40, conducting a tasting, as defined in 11 Ill. Adm.
20Code 100.10; (ii) a volunteer serving alcoholic beverages at a
21charitable function; or (iii) an instructor engaged in training
22or educating on the proper technique for using a system that
23dispenses alcoholic beverages.
24    (b) Responsible alcohol service training must cover and
25assess knowledge of the topics noted in 77 Ill. Adm. Code
263500.155.

 

 

SB0398 Enrolled- 54 -LRB099 03227 RPS 23235 b

1    (c) Beginning on the effective date of this amendatory Act
2of the 98th General Assembly, but no later than October 1,
32015, all existing BASSET trainers who are already BASSET
4certified as of the effective date of this amendatory Act of
5the 98th General Assembly shall be recertified by the State
6Commission and be required to comply with the conditions for
7server training set forth in this amendatory Act of the 98th
8General Assembly.
9    (d) Training modules and certificate program plans must be
10approved by the State Commission. All documents, materials, or
11information related to responsible alcohol service training
12program approval that are submitted to the State Commission are
13confidential and shall not be open to public inspection or
14dissemination and are exempt from disclosure.
15    The State Commission shall only approve programs that meet
16the following criteria:
17        (1) the training course covers the content specified in
18    77 Ill. Adm. Code 3500.155;
19        (2) if the training course is classroom-based, the
20    classroom training is at least 4 hours, is available in
21    English and Spanish, and includes a test;
22        (3) if the training course is online or computer-based,
23    the course is designed in a way that ensures that no
24    content can be skipped, is interactive, has audio for
25    content for servers that have a disability, and includes a
26    test;

 

 

SB0398 Enrolled- 55 -LRB099 03227 RPS 23235 b

1        (4) training and testing is based on a job task
2    analysis that clearly identifies and focuses on the
3    knowledge, skills, and abilities needed to responsibly
4    serve alcoholic beverages and is developed using best
5    practices in instructional design and exam development to
6    ensure that the program is fair and legally defensible;
7        (5) training and testing is conducted by any means
8    available, including, but not limited to, online,
9    computer, classroom, or live trainers; and
10        (6) the program must provide access on a
11    24-hour-per-day, 7-days-per-week basis for certificate
12    verification for State Commission, State law enforcement
13    officials, and employers to be able to verify certificate
14    authenticity.
15    (e) Nothing in subsection (d) of this Section shall be
16construed to require a program to use a test administrator or
17proctor.
18    (f) A certificate issued from a BASSET-licensed training
19program shall be accepted as meeting the training requirements
20for all server license and permit laws and ordinances in the
21State.
22    (g) A responsible alcohol service training certificate
23from a BASSET-licensed program shall be valid for 3 years.
24    (h) The provisions of this Section shall apply beginning
25July 1, 2015. From July 1, 2015 through December 31, 2015,
26enforcement of the provisions of this Section shall be limited

 

 

SB0398 Enrolled- 56 -LRB099 03227 RPS 23235 b

1to education and notification of the requirements to encourage
2compliance.
3    (i) The provisions of this Section do not apply to a
4special event retailer.
5(Source: P.A. 98-939, eff. 7-1-15.)
 
6    (235 ILCS 5/6-27.5 new)
7    Sec. 6-27.5. Mandatory schedule of prices. All retail
8licensees shall maintain a schedule of the prices charged for
9all drinks of alcoholic liquor to be served and consumed on the
10licensed premises or in any room or part thereof. Whenever a
11hotel or multi-use establishment which holds a valid retailer's
12license operates on its premises more than one establishment at
13which drinks of alcoholic liquor are sold at retail, the hotel
14or multi-use establishment shall maintain at each such
15establishment a separate schedule of the prices charged for
16such drinks at that establishment.
 
17    (235 ILCS 5/6-28)  (from Ch. 43, par. 144d)
18    Sec. 6-28. Prohibited happy hours Happy hours prohibited.
19    (a) (Blank). All retail licensees shall maintain a schedule
20of the prices charged for all drinks of alcoholic liquor to be
21served and consumed on the licensed premises or in any room or
22part thereof. Whenever a hotel or multi-use establishment which
23holds a valid retailer's license operates on its premises more
24than one establishment at which drinks of alcoholic liquor are

 

 

SB0398 Enrolled- 57 -LRB099 03227 RPS 23235 b

1sold at retail, the hotel or multi-use establishment shall
2maintain at each such establishment a separate schedule of the
3prices charged for such drinks at that establishment.
4    (b) No retail licensee or employee or agent of such
5licensee shall:
6        (1) sell more than one drink of alcoholic liquor for
7    the price of one drink of alcoholic liquor serve 2 or more
8    drinks of alcoholic liquor at one time to one person for
9    consumption by that one person, except conducting product
10    sampling pursuant to Section 6-31 or selling or delivering
11    wine by the bottle or carafe;
12        (2) sell, offer to sell or serve to any person an
13    unlimited number of drinks of alcoholic liquor during any
14    set period of time for a fixed price, except at private
15    functions not open to the general public or as provided in
16    Section 6-28.5 of this Act;
17        (3) (blank) sell, offer to sell or serve any drink of
18    alcoholic liquor to any person on any one date at a reduced
19    price other than that charged other purchasers of drinks on
20    that day where such reduced price is a promotion to
21    encourage consumption of alcoholic liquor, except as
22    authorized in paragraph (7) of subsection (c);
23        (4) increase the volume of alcoholic liquor contained
24    in a drink, or the size of a drink of alcoholic liquor,
25    without increasing proportionately the price regularly
26    charged for the drink on that day;

 

 

SB0398 Enrolled- 58 -LRB099 03227 RPS 23235 b

1        (5) encourage or permit, on the licensed premises, any
2    game or contest which involves drinking alcoholic liquor or
3    the awarding of drinks of alcoholic liquor as prizes for
4    such game or contest on the licensed premises; or
5        (6) advertise or promote in any way, whether on or off
6    the licensed premises, any of the practices prohibited
7    under paragraphs (1) through (5).
8    (c) (Blank). Nothing in subsection (b) shall be construed
9to prohibit a licensee from:
10        (1) offering free food or entertainment at any time;
11        (2) including drinks of alcoholic liquor as part of a
12    meal package;
13        (3) including drinks of alcoholic liquor as part of a
14    hotel package;
15        (4) negotiating drinks of alcoholic liquor as part of a
16    contract between a hotel or multi-use establishment and
17    another group for the holding of any function, meeting,
18    convention or trade show;
19        (5) providing room service to persons renting rooms at
20    a hotel;
21        (6) selling pitchers (or the equivalent, including but
22    not limited to buckets), carafes, or bottles of alcoholic
23    liquor which are customarily sold in such manner, or
24    selling bottles of spirits, and delivered to 2 or more
25    persons at one time;
26        (7) increasing prices of drinks of alcoholic liquor in

 

 

SB0398 Enrolled- 59 -LRB099 03227 RPS 23235 b

1    lieu of, in whole or in part, a cover charge to offset the
2    cost of special entertainment not regularly scheduled; or
3        (8) including drinks of alcoholic liquor as part of an
4    entertainment package where the licensee is separately
5    licensed by a municipal ordinance that (A) restricts dates
6    of operation to dates during which there is an event at an
7    adjacent stadium, (B) restricts hours of serving alcoholic
8    liquor to 2 hours before the event and one hour after the
9    event, (C) restricts alcoholic liquor sales to beer and
10    wine, (D) requires tickets for admission to the
11    establishment, and (E) prohibits sale of admission tickets
12    on the day of an event and permits the sale of admission
13    tickets for single events only.
14    (d) A violation of this Section Act shall be grounds for
15suspension or revocation of the retailer's license as provided
16by this Act. The State Commission may not enforce any trade
17practice policy or other rule that was not adopted in
18accordance with the Illinois Administrative Procedure Act.
19(Source: P.A. 98-571, eff. 8-27-13.)
 
20    (235 ILCS 5/6-28.5 new)
21    Sec. 6-28.5. Permitted happy hours and meal packages, party
22packages, and entertainment packages.
23    (a) As used in this Section:
24    "Dedicated event space" means a room or rooms or other
25clearly delineated space within a retail licensee's premises

 

 

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1that is reserved for the exclusive use of party package
2invitees during the entirety of a party package. Furniture,
3stanchions and ropes, or other room dividers may be used to
4clearly delineate a dedicated event space.
5    "Meal package" means a food and beverage package, which may
6or may not include entertainment, where the service of
7alcoholic liquor is an accompaniment to the food, including,
8but not limited to, a meal, tour, tasting, or any combination
9thereof for a fixed price by a retail licensee or any other
10licensee operating within a sports facility, restaurant,
11winery, brewery, or distillery.
12    "Party package" means a private party, function, or event
13for a specific social or business occasion, either arranged by
14invitation or reservation for a defined number of individuals,
15that is not open to the general public and where attendees are
16served both food and alcohol for a fixed price in a dedicated
17event space.
18    (b) A retail licensee may:
19        (1) offer free food or entertainment at any time;
20        (2) include drinks of alcoholic liquor as part of a
21    meal package;
22        (3) sell or offer for sale a party package only if the
23    retail licensee:
24            (A) offers food in the dedicated event space;
25            (B) limits the party package to no more than 3
26        hours;

 

 

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1            (C) distributes wristbands, lanyards, shirts, or
2        any other such wearable items to identify party package
3        attendees so the attendees may be granted access to the
4        dedicated event space; and
5            (D) excludes individuals not participating in the
6        party package from the dedicated event space;
7        (4) include drinks of alcoholic liquor as part of a
8    hotel package;
9        (5) negotiate drinks of alcoholic liquor as part of a
10    hotel package;
11        (6) provide room service to persons renting rooms at a
12    hotel;
13        (7) sell pitchers (or the equivalent, including, but
14    not limited to, buckets of bottled beer), carafes, or
15    bottles of alcoholic liquor which are customarily sold in
16    such manner, or sell bottles of spirits;
17        (8) advertise events permitted under this Section;
18        (9) include drinks of alcoholic liquor as part of an
19    entertainment package where the licensee is separately
20    licensed by a municipal ordinance that (A) restricts dates
21    of operation to dates during which there is an event at an
22    adjacent stadium, (B) restricts hours of serving alcoholic
23    liquor to 2 hours before the event and one hour after the
24    event, (C) restricts alcoholic liquor sales to beer and
25    wine, (D) requires tickets for admission to the
26    establishment, and (E) prohibits sale of admission tickets

 

 

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1    on the day of an event and permits the sale of admission
2    tickets for single events only; and
3        (10) discount any drink of alcoholic liquor during a
4    specified time period only if:
5            (A) the price of the drink of alcoholic liquor is
6        not changed during the time that it is discounted;
7            (B) the period of time during which any drink of
8        alcoholic liquor is discounted does not exceed 4 hours
9        per day and 15 hours per week; however, this period of
10        time is not required to be consecutive and may be
11        divided by the licensee in any manner;
12            (C) the drink of alcoholic liquor is not discounted
13        between the hours of 10:00 p.m. and the licensed
14        premises' closing hour; and
15            (D) notice of the discount of the drink of
16        alcoholic liquor during a specified time is posted on
17        the licensed premises or on the licensee's publicly
18        available website at least 7 days prior to the
19        specified time.
20    (b) A violation of this Section shall be grounds for
21suspension or revocation of the retailer's license as provided
22by this Act. The State Commission may not enforce any trade
23practice policy or other rule that was not adopted in
24accordance with the Illinois Administrative Procedure Act.
25    (c) All licensees affected by this Section must also comply
26with Sections 6-16, 6-21, and 6-27.1 of this Act.
 

 

 

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1    (235 ILCS 5/6-31)
2    Sec. 6-31. Product sampling.
3    (a) Retailer, distributor, importing distributor,
4manufacturer and nonresident dealer licensees may conduct
5product sampling for consumption at a licensed retail location.
6Up to 3 samples, consisting of no more than (i) 1/4 ounce of
7distilled spirits, (ii) one ounce of wine, or (iii) 2 ounces of
8beer may be served to a consumer in one day.
9    (b) Notwithstanding the provisions of subsection (a), an
10on-premises retail licensee may offer for sale and serve more
11than one drink per person for sampling purposes without
12violating paragraph (1) of subsection (b) of Section 6-28 or
13paragraph (6) of subsection (c) of Section 6-28 of this Act,
14provided the total quantity of the sampling package, regardless
15of the number of containers in which the alcoholic liquor is
16being served, does not exceed 1 ounce of distilled spirits, 4
17ounces of wine, or 16 ounces of beer. In any event, all
18provisions of Section 6-28 shall apply to an on-premises retail
19licensee that conducts product sampling.
20(Source: P.A. 90-432, eff. 1-1-98; 90-626, eff. 1-1-99.)
 
21    (235 ILCS 5/6-14 rep.)
22    Section 10. The Liquor Control Act of 1934 is amended by
23repealing Section 6-14.
 

 

 

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1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.