(235 ILCS 5/5-1) (from Ch. 43, par. 115) Sec. 5-1. Licenses issued by the Illinois Liquor Control Commission
shall be of the following classes: (a) Manufacturer's license - Class 1.
Distiller, Class 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6. First Class Winemaker, Class 7. Second Class Winemaker, Class 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer, Class 14. Class 3 Brewer, (b) Distributor's license, (c) Importing Distributor's license, (d) Retailer's license, (e) Special Event Retailer's license (not-for-profit), (f) Railroad license, (g) Boat license, (h) Non-Beverage User's license, (i) Wine-maker's premises license, (j) Airplane license, (k) Foreign importer's license, (l) Broker's license, (m) Non-resident dealer's
license, (n) Brew Pub license, (o) Auction liquor license, (p) Caterer retailer license, (q) Special use permit license, (r) Winery shipper's license, (s) Craft distiller tasting permit, (t) Brewer warehouse permit, (u) Distilling pub license, (v) Craft distiller warehouse permit, (w) Beer showcase permit. No
person, firm, partnership, corporation, or other legal business entity that is
engaged in the manufacturing of wine may concurrently obtain and hold a
wine-maker's license and a wine manufacturer's license. (a) A manufacturer's license shall allow the manufacture,
importation in bulk, storage, distribution and sale of alcoholic liquor
to persons without the State, as may be permitted by law and to licensees
in this State as follows: Class 1. A Distiller may make sales and deliveries of alcoholic liquor to
distillers, rectifiers, importing distributors, distributors and
non-beverage users and to no other licensees. Class 2. A Rectifier, who is not a distiller, as defined herein, may make
sales and deliveries of alcoholic liquor to rectifiers, importing distributors,
distributors, retailers and non-beverage users and to no other licensees. Class 3. A Brewer may make sales and deliveries of beer to importing
distributors and distributors and may make sales as authorized under subsection (e) of Section 6-4 of this Act, including any alcoholic liquor that subsection (e) of Section 6-4 authorizes a brewer to sell in its original package only to a non-licensee for pick-up by a non-licensee either within the interior of the brewery premises or at outside of the brewery premises at a curb-side or parking lot adjacent to the brewery premises, subject to any local ordinance. Class 4. A first class wine-manufacturer may make sales and deliveries of
up to 50,000 gallons of wine to manufacturers,
importing
distributors and distributors, and to no other licensees. If a first-class wine-manufacturer manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year. If the first-class wine-manufacturer manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 craft distiller license, shall not manufacture more than 50,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year. A first-class wine-manufacturer shall be permitted to sell wine manufactured at the first-class wine-manufacturer premises to non-licensees. Class 5. A second class Wine manufacturer may make sales and deliveries
of more than 50,000 gallons of wine to manufacturers, importing distributors
and distributors and to no other licensees. Class 6. A first-class wine-maker's license shall allow the manufacture
of up to 50,000 gallons of wine per year, and the
storage
and sale of such
wine to distributors in the State and to persons without the
State, as may be permitted by law. A person who, prior to June 1, 2008 (the effective date of Public Act 95-634), is a holder of a first-class wine-maker's license and annually produces more than 25,000 gallons of its own wine and who distributes its wine to licensed retailers shall cease this practice on or before July 1, 2008 in compliance with Public Act 95-634. If a first-class wine-maker manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year. If the first-class wine-maker manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 craft distiller license, shall not manufacture more than 50,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year. A first-class wine-maker holding a class 1 brewer license or a class 1 craft distiller license shall not be eligible for a wine-maker's premises license but shall be permitted to sell wine manufactured at the first-class wine-maker premises to non-licensees. Class 7. A second-class wine-maker's license shall allow the manufacture
of up to 150,000 gallons of wine per year, and
the
storage and sale of such wine
to distributors in this State and to persons without the State, as may be
permitted by law. A person who, prior to June 1, 2008 (the effective date of Public Act 95-634), is a holder of a second-class wine-maker's license and annually produces more than 25,000 gallons of its own wine and who distributes its wine to licensed retailers shall cease this practice on or before July 1, 2008 in compliance with Public Act 95-634. If a second-class wine-maker manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 brewer license, shall not manufacture more than 3,720,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year. If a second-class wine-maker manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 craft distiller license, shall not manufacture more than 100,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 gallons of spirits per year. Class 8. A limited wine-manufacturer may make sales and deliveries not to
exceed 40,000 gallons of wine per year to distributors, and to
non-licensees in accordance with the provisions of this Act. Class 9. A craft distiller license, which may only be held by a class 1 craft distiller licensee or class 2 craft distiller licensee but not held by both a class 1 craft distiller licensee and a class 2 craft distiller licensee, shall grant all rights conveyed by either: (i) a class 1 craft distiller license if the craft distiller holds a class 1 craft distiller license; or (ii) a class 2 craft distiller licensee if the craft distiller holds a class 2 craft distiller license. Class 10. A class 1 craft distiller license, which may only be issued to a licensed craft distiller or licensed non-resident dealer, shall allow the manufacture of up to 50,000 gallons of spirits per year provided that the class 1 craft distiller licensee does not manufacture more than a combined 50,000 gallons of spirits per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year. If a class 1 craft distiller manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year. If a class 1 craft distiller manufactures wine, it shall also obtain and shall only be eligible for, in addition to any current license, a first-class wine-manufacturer license or a first-class wine-maker's license, shall not manufacture more than 50,000 gallons of wine per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of wine per year. A class 1 craft distiller licensee may make sales and deliveries to importing distributors and distributors and to retail licensees in accordance with the conditions set forth in paragraph (19) of subsection (a) of Section 3-12 of this Act. However, the aggregate amount of spirits sold to non-licensees and sold or delivered to retail licensees may not exceed 5,000 gallons per year. A class 1 craft distiller licensee may sell up to 5,000 gallons of such spirits to non-licensees to the extent permitted by any exemption approved by the State Commission pursuant to Section 6-4 of this Act. A class 1 craft distiller license holder may store such spirits at a non-contiguous licensed location, but at no time shall a class 1 craft distiller license holder directly or indirectly produce in the aggregate more than 50,000 gallons of spirits per year. A class 1 craft distiller licensee may hold more than one class 1 craft distiller's license. However, a class 1 craft distiller that holds more than one class 1 craft distiller license shall not manufacture, in the aggregate, more than 50,000 gallons of spirits by distillation per year and shall not sell, in the aggregate, more than 5,000 gallons of such spirits to non-licensees in accordance with an exemption approved by the State Commission pursuant to Section 6-4 of this Act. Class 11. A class 2 craft distiller license, which may only be issued to a licensed craft distiller or licensed non-resident dealer, shall allow the manufacture of up to 100,000 gallons of spirits per year provided that the class 2 craft distiller licensee does not manufacture more than a combined 100,000 gallons of spirits per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 gallons of spirits per year. If a class 2 craft distiller manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 brewer license, shall not manufacture more than 3,720,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year. If a class 2 craft distiller manufactures wine, it shall also obtain and shall only be eligible for, in addition to any current license, a second-class wine-maker's license, shall not manufacture more than 150,000 gallons of wine per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 150,000 gallons of wine per year. A class 2 craft distiller licensee may make sales and deliveries to importing distributors and distributors, but shall not make sales or deliveries to any other licensee. If the State Commission provides prior approval, a class 2 craft distiller licensee may annually transfer up to 100,000 gallons of spirits manufactured by that class 2 craft distiller licensee to the premises of a licensed class 2 craft distiller wholly owned and operated by the same licensee. A class 2 craft distiller may transfer spirits to a distilling pub wholly owned and operated by the class 2 craft distiller subject to the following limitations and restrictions: (i) the transfer shall not annually exceed more than 5,000 gallons; (ii) the annual amount transferred shall reduce the distilling pub's annual permitted production limit; (iii) all spirits transferred shall be subject to Article VIII of this Act; (iv) a written record shall be maintained by the distiller and distilling pub specifying the amount, date of delivery, and receipt of the product by the distilling pub; and (v) the distilling pub shall be located no farther than 80 miles from the class 2 craft distiller's licensed location. A class 2 craft distiller shall, prior to transferring spirits to a distilling pub wholly owned by the class 2 craft distiller, furnish a written notice to the State Commission of intent to transfer spirits setting forth the name and address of the distilling pub and shall annually submit to the State Commission a verified report identifying the total gallons of spirits transferred to the distilling pub wholly owned by the class 2 craft distiller. A class 2 craft distiller license holder may store such spirits at a non-contiguous licensed location, but at no time shall a class 2 craft distiller license holder directly or indirectly produce in the aggregate more than 100,000 gallons of spirits per year. Class 12. A class 1 brewer license, which may only be issued to a licensed brewer or licensed non-resident dealer, shall allow the manufacture of up to 930,000 gallons of beer per year provided that the class 1 brewer licensee does not manufacture more than a combined 930,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year. If a class 1 brewer manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 craft distiller license, shall not manufacture more than 50,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year. If a class 1 craft brewer manufactures wine, it shall also obtain and shall only be eligible for, in addition to any current license, a first-class wine-manufacturer license or a first-class wine-maker's license, shall not manufacture more than 50,000 gallons of wine per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of wine per year. A class 1 brewer licensee may make sales and deliveries to importing distributors and distributors and to retail licensees in accordance with the conditions set forth in paragraph (18) of subsection (a) of Section 3-12 of this Act. If the State Commission provides prior approval, a class 1 brewer may annually transfer up to 930,000 gallons of beer manufactured by that class 1 brewer to the premises of a licensed class 1 brewer wholly owned and operated by the same licensee. Class 13. A class 2 brewer license, which may only be issued to a licensed brewer or licensed non-resident dealer, shall allow the manufacture of up to 3,720,000 gallons of beer per year provided that the class 2 brewer licensee does not manufacture more than a combined 3,720,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year. If a class 2 brewer manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 craft distiller license, shall not manufacture more than 100,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 gallons of spirits per year. If a class 2 craft distiller manufactures wine, it shall also obtain and shall only be eligible for, in addition to any current license, a second-class wine-maker's license, shall not manufacture more than 150,000 gallons of wine per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 150,000 gallons of wine a year. A class 2 brewer licensee may make sales and deliveries to importing distributors and distributors, but shall not make sales or deliveries to any other licensee. If the State Commission provides prior approval, a class 2 brewer licensee may annually transfer up to 3,720,000 gallons of beer manufactured by that class 2 brewer licensee to the premises of a licensed class 2 brewer wholly owned and operated by the same licensee. A class 2 brewer may transfer beer to a brew pub wholly owned and operated by the class 2 brewer subject to the following limitations and restrictions: (i) the transfer shall not annually exceed more than 31,000 gallons; (ii) the annual amount transferred shall reduce the brew pub's annual permitted production limit; (iii) all beer transferred shall be subject to Article VIII of this Act; (iv) a written record shall be maintained by the brewer and brew pub specifying the amount, date of delivery, and receipt of the product by the brew pub; and (v) the brew pub shall be located no farther than 80 miles from the class 2 brewer's licensed location. A class 2 brewer shall, prior to transferring beer to a brew pub wholly owned by the class 2 brewer, furnish a written notice to the State Commission of intent to transfer beer setting forth the name and address of the brew pub and shall annually submit to the State Commission a verified report identifying the total gallons of beer transferred to the brew pub wholly owned by the class 2 brewer. Class 14. A class 3 brewer license, which may be issued to a brewer or a non-resident dealer, shall allow the manufacture of no more than 465,000 gallons of beer per year and no more than 155,000 gallons at a single brewery premises, and shall allow the sale of no more than 6,200 gallons of beer from each in-state or out-of-state class 3 brewery premises, or 18,600 gallons in the aggregate, to retail licensees, class 1 brewers, class 2 brewers, and class 3 brewers as long as the class 3 brewer licensee does not manufacture more than a combined 465,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 465,000 gallons of beer per year to make sales to importing distributors, distributors, retail licensees, brewers, class 1 brewers, class 2 brewers, and class 3 brewers in accordance with the conditions set forth in paragraph (20) of subsection (a) of Section 3-12. If the State Commission provides prior approval, a class 3 brewer may annually transfer up to 155,000 gallons of beer manufactured by that class 3 brewer to the premises of a licensed class 3 brewer wholly owned and operated by the same licensee. A class 3 brewer shall manufacture beer at the brewer's class 3 designated licensed premises, and may sell beer as otherwise provided in this Act. (a-1) A manufacturer which is licensed in this State to make sales or
deliveries of alcoholic liquor to licensed distributors or importing distributors and which enlists agents, representatives, or
individuals acting on its behalf who contact licensed retailers on a regular
and continual basis in this State must register those agents, representatives,
or persons acting on its behalf with the State Commission. Registration of agents, representatives, or persons acting on behalf of a
manufacturer is fulfilled by submitting a form to the Commission. The form
shall be developed by the Commission and shall include the name and address of
the applicant, the name and address of the manufacturer he or she represents,
the territory or areas assigned to sell to or discuss pricing terms of
alcoholic liquor, and any other questions deemed appropriate and necessary.
All statements in the forms required to be made by law or by rule shall be
deemed material, and any person who knowingly misstates any material fact under
oath in an application is guilty of a Class B misdemeanor. Fraud,
misrepresentation, false statements, misleading statements, evasions, or
suppression of material facts in the securing of a registration are grounds for
suspension or revocation of the registration. The State Commission shall post a list of registered agents on the Commission's website. (b) A distributor's license shall allow (i) the wholesale purchase and storage
of alcoholic liquors and sale of alcoholic liquors to licensees in this State and to persons without the State, as may be permitted by law; (ii) the sale of beer, cider, mead, or any combination thereof to brewers, class 1 brewers, and class 2 brewers that, pursuant to subsection (e) of Section 6-4 of this Act, sell beer, cider, mead, or any combination thereof to non-licensees at their breweries; (iii) the sale of vermouth to class 1 craft distillers and class 2 craft distillers that, pursuant to subsection (e) of Section 6-4 of this Act, sell spirits, vermouth, or both spirits and vermouth to non-licensees at their distilleries; or (iv) as otherwise provided in this Act. No person licensed as a distributor shall be granted a non-resident dealer's license. (c) An importing distributor's license may be issued to and held by
those only who are duly licensed distributors, upon the filing of an
application by a duly licensed distributor, with the Commission and
the Commission shall, without the
payment of any fee, immediately issue such importing distributor's
license to the applicant, which shall allow the importation of alcoholic
liquor by the licensee into this State from any point in the United
States outside this State, and the purchase of alcoholic liquor in
barrels, casks or other bulk containers and the bottling of such
alcoholic liquors before resale thereof, but all bottles or containers
so filled shall be sealed, labeled, stamped and otherwise made to comply
with all provisions, rules and regulations governing manufacturers in
the preparation and bottling of alcoholic liquors. The importing
distributor's license shall permit such licensee to purchase alcoholic
liquor from Illinois licensed non-resident dealers and foreign importers only. No person licensed as an importing distributor shall be granted a non-resident dealer's license. (d) A retailer's license shall allow the licensee to sell and offer
for sale at retail, only in the premises specified in the license,
alcoholic liquor for use or consumption, but not for resale in any form. Except as provided in Section 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit, remove, or restrict the ability of a holder of a retailer's license to transfer or ship alcoholic liquor to the purchaser for use or consumption subject to any applicable local law or ordinance. For the purposes of this Section, "shipping" means the movement of alcoholic liquor from a licensed retailer to a consumer via a common carrier. Except as provided in Section 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit, remove, or restrict the ability of a holder of a retailer's license to deliver alcoholic liquor to the purchaser for use or consumption. The delivery shall be made only within 12 hours from the time the alcoholic liquor leaves the licensed premises of the retailer for delivery. For the purposes of this Section, "delivery" means the movement of alcoholic liquor purchased from a licensed retailer to a consumer through the following methods: (1) delivery within licensed retailer's parking lot, |
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(2) delivery by an owner, officer, director,
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(3) delivery by a third-party contractor, independent
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Under subsection (1), (2), or (3), delivery shall not include the use of common carriers.
Any retail license issued to a manufacturer shall only
permit the manufacturer to sell beer at retail on the premises actually
occupied by the manufacturer. For the purpose of further describing the type of business conducted at a retail licensed premises, a retailer's licensee may be designated by the State Commission as (i) an on premise consumption retailer, (ii) an off premise sale retailer, or (iii) a combined on premise consumption and off premise sale retailer.
Except for a municipality with a population of more than 1,000,000 inhabitants, a home rule unit may not regulate the delivery of alcoholic liquor inconsistent with this subsection. This paragraph is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. A non-home rule municipality may not regulate the delivery of alcoholic liquor inconsistent with this subsection.
Notwithstanding any other provision of this subsection (d), a retail
licensee may sell alcoholic liquors to a special event retailer licensee for
resale to the extent permitted under subsection (e).
(e) A special event retailer's license (not-for-profit) shall permit the
licensee to purchase alcoholic liquors from an Illinois licensed distributor
(unless the licensee purchases less than $500 of alcoholic liquors for the
special event, in which case the licensee may purchase the alcoholic liquors
from a licensed retailer) and shall allow the licensee to sell and offer for
sale, at retail, alcoholic liquors for use or consumption, but not for resale
in any form and only at the location and on the specific dates designated for
the special event in the license. An applicant for a special event retailer
license must
(i) furnish with the application: (A) a resale number issued under Section
2c of the Retailers' Occupation Tax Act or evidence that the applicant is
registered under Section 2a of the Retailers' Occupation Tax Act, (B) a
current, valid exemption identification
number issued under Section 1g of the Retailers' Occupation Tax Act, and a
certification to the Commission that the purchase of alcoholic liquors will be
a tax-exempt purchase, or (C) a statement that the applicant is not registered
under Section 2a of the Retailers' Occupation Tax Act, does not hold a resale
number under Section 2c of the Retailers' Occupation Tax Act, and does not
hold an exemption number under Section 1g of the Retailers' Occupation Tax
Act, in which event the Commission shall set forth on the special event
retailer's license a statement to that effect; (ii) submit with the application proof satisfactory to
the State Commission that the applicant will provide dram shop liability
insurance in the maximum limits; and (iii) show proof satisfactory to the
State Commission that the applicant has obtained local authority
approval.
Nothing in this Act prohibits an Illinois licensed distributor from offering credit or a refund for unused, salable alcoholic liquors to a holder of a special event retailer's license or the special event retailer's licensee from accepting the credit or refund of alcoholic liquors at the conclusion of the event specified in the license.
(f) A railroad license shall permit the licensee to import alcoholic
liquors into this State from any point in the United States outside this
State and to store such alcoholic liquors in this State; to make wholesale
purchases of alcoholic liquors directly from manufacturers, foreign
importers, distributors and importing distributors from within or outside
this State; and to store such alcoholic liquors in this State; provided
that the above powers may be exercised only in connection with the
importation, purchase or storage of alcoholic liquors to be sold or
dispensed on a club, buffet, lounge or dining car operated on an electric,
gas or steam railway in this State; and provided further, that railroad
licensees exercising the above powers shall be subject to all provisions of
Article VIII of this Act as applied to importing distributors. A railroad
license shall also permit the licensee to sell or dispense alcoholic
liquors on any club, buffet, lounge or dining car operated on an electric,
gas or steam railway regularly operated by a common carrier in this State,
but shall not permit the sale for resale of any alcoholic liquors to any
licensee within this State. A license shall be obtained for each car in which
such sales are made.
(g) A boat license shall allow the sale of alcoholic liquor in
individual drinks, on any passenger boat regularly operated as a common
carrier on navigable waters in this State or on any riverboat operated
under
the Illinois Gambling Act, which boat or riverboat maintains a public
dining room or restaurant thereon.
(h) A non-beverage user's license shall allow the licensee to
purchase alcoholic liquor from a licensed manufacturer or importing
distributor, without the imposition of any tax upon the business of such
licensed manufacturer or importing distributor as to such alcoholic
liquor to be used by such licensee solely for the non-beverage purposes
set forth in subsection (a) of Section 8-1 of this Act, and
such licenses shall be divided and classified and shall permit the
purchase, possession and use of limited and stated quantities of
alcoholic liquor as follows:
Class 1, not to exceed . . . . . . . . . . . . . . . . . . . . . . . . . . .
500 gallons
Class 2, not to exceed . . . . . . . . . . . . . . . . . . . . . . . . .
1,000 gallons
Class 3, not to exceed . . . . . . . . . . . . . . . . . . . . . . . . .
5,000 gallons
Class 4, not to exceed . . . . . . . . . . . . . . . . . . . . . . . .
10,000 gallons
Class 5, not to exceed . . . . . . . . . . . . . . . . . . . . . . . .
50,000 gallons
(i) A wine-maker's premises license shall allow a
licensee that concurrently holds a first-class wine-maker's license to sell
and offer for sale at retail in the premises specified in such license
not more than 50,000 gallons of the first-class wine-maker's wine that is
made at the first-class wine-maker's licensed premises per year for use or
consumption, but not for resale in any form. A wine-maker's premises
license shall allow a licensee who concurrently holds a second-class
wine-maker's license to sell and offer for sale at retail in the premises
specified in such license up to 100,000 gallons of the
second-class wine-maker's wine that is made at the second-class wine-maker's
licensed premises per year
for use or consumption but not for resale in any form. A first-class wine-maker that concurrently holds a class 1 brewer license or a class 1 craft distiller license shall not be eligible to hold a wine-maker's premises license. A wine-maker's premises license shall allow a
licensee that concurrently holds a first-class wine-maker's license or a second-class
wine-maker's license to sell
and offer for sale at retail at the premises specified in the wine-maker's premises license, for use or consumption but not for resale in any form, any beer, wine, and spirits purchased from a licensed distributor. Upon approval from the
State Commission, a wine-maker's premises license
shall allow the licensee to sell and offer for sale at (i) the wine-maker's
licensed premises and (ii) at up to 2 additional locations for use and
consumption and not for resale. Each location shall require additional
licensing per location as specified in Section 5-3 of this Act. A wine-maker's premises licensee shall
secure liquor liability insurance coverage in an amount at
least equal to the maximum liability amounts set forth in
subsection (a) of Section 6-21 of this Act.
(j) An airplane license shall permit the licensee to import
alcoholic liquors into this State from any point in the United States
outside this State and to store such alcoholic liquors in this State; to
make wholesale purchases of alcoholic liquors directly from
manufacturers, foreign importers, distributors and importing
distributors from within or outside this State; and to store such
alcoholic liquors in this State; provided that the above powers may be
exercised only in connection with the importation, purchase or storage
of alcoholic liquors to be sold or dispensed on an airplane; and
provided further, that airplane licensees exercising the above powers
shall be subject to all provisions of Article VIII of this Act as
applied to importing distributors. An airplane licensee shall also
permit the sale or dispensing of alcoholic liquors on any passenger
airplane regularly operated by a common carrier in this State, but shall
not permit the sale for resale of any alcoholic liquors to any licensee
within this State. A single airplane license shall be required of an
airline company if liquor service is provided on board aircraft in this
State. The annual fee for such license shall be as determined in
Section 5-3.
(k) A foreign importer's license shall permit such licensee to purchase
alcoholic liquor from Illinois licensed non-resident dealers only, and to
import alcoholic liquor other than in bulk from any point outside the
United States and to sell such alcoholic liquor to Illinois licensed
importing distributors and to no one else in Illinois;
provided that (i) the foreign importer registers with the State Commission
every
brand of
alcoholic liquor that it proposes to sell to Illinois licensees during the
license period, (ii) the foreign importer complies with all of the provisions
of Section
6-9 of this Act with respect to registration of such Illinois licensees as may
be granted the
right to sell such brands at wholesale, and (iii) the foreign importer complies with the provisions of Sections 6-5 and 6-6 of this Act to the same extent that these provisions apply to manufacturers.
(l) (i) A broker's license shall be required of all persons
who solicit
orders for, offer to sell or offer to supply alcoholic liquor to
retailers in the State of Illinois, or who offer to retailers to ship or
cause to be shipped or to make contact with distillers, craft distillers, rectifiers,
brewers or manufacturers or any other party within or without the State
of Illinois in order that alcoholic liquors be shipped to a distributor,
importing distributor or foreign importer, whether such solicitation or
offer is consummated within or without the State of Illinois.
No holder of a retailer's license issued by the Illinois Liquor
Control Commission shall purchase or receive any alcoholic liquor, the
order for which was solicited or offered for sale to such retailer by a
broker unless the broker is the holder of a valid broker's license.
The broker shall, upon the acceptance by a retailer of the broker's
solicitation of an order or offer to sell or supply or deliver or have
delivered alcoholic liquors, promptly forward to the Illinois Liquor
Control Commission a notification of said transaction in such form as
the Commission may by regulations prescribe.
(ii) A broker's license shall be required of
a person within this State, other than a retail licensee,
who, for a fee or commission, promotes, solicits, or accepts orders for
alcoholic liquor, for use or consumption and not for
resale, to be shipped from this State and delivered to residents outside of
this State by an express company, common carrier, or contract carrier.
This Section does not apply to any person who promotes, solicits, or accepts
orders for wine as specifically authorized in Section 6-29 of this Act.
A broker's license under this subsection (l)
shall not entitle the holder to
buy or sell any
alcoholic liquors for his own account or to take or deliver title to
such alcoholic liquors.
This subsection (l)
shall not apply to distributors, employees of
distributors, or employees of a manufacturer who has registered the
trademark, brand or name of the alcoholic liquor pursuant to Section 6-9
of this Act, and who regularly sells such alcoholic liquor
in the State of Illinois only to its registrants thereunder.
Any agent, representative, or person subject to registration pursuant to
subsection (a-1) of this Section shall not be eligible to receive a broker's
license.
(m) A non-resident dealer's license shall permit such licensee to ship
into and warehouse alcoholic liquor into this State from any point
outside of this State, and to sell such alcoholic liquor to Illinois licensed
foreign importers and importing distributors and to no one else in this State;
provided that (i) said non-resident dealer shall register with the Illinois Liquor
Control Commission each and every brand of alcoholic liquor which it proposes
to sell to Illinois licensees during the license period, (ii) it shall comply with all of the provisions of Section 6-9 hereof with
respect to registration of such Illinois licensees as may be granted the right
to sell such brands at wholesale by duly filing such registration statement, thereby authorizing the non-resident dealer to proceed to sell such brands at wholesale, and (iii) the non-resident dealer shall comply with the provisions of Sections 6-5 and 6-6 of this Act to the same extent that these provisions apply to manufacturers. No person licensed as a non-resident dealer shall be granted a distributor's or importing distributor's license.
(n) A brew pub license shall allow the licensee to only (i) manufacture up to 155,000 gallons of beer per year only
on the premises specified in the license, (ii) make sales of the
beer manufactured on the premises or, with the approval of the Commission, beer manufactured on another brew pub licensed premises that is wholly owned and operated by the same licensee to importing distributors, distributors,
and to non-licensees for use and consumption, (iii) store the beer upon
the premises, (iv) sell and offer for sale at retail from the licensed
premises for off-premises
consumption no more than 155,000 gallons per year so long as such sales are only made in-person, (v) sell and offer for sale at retail for use and consumption on the premises specified in the license any form of alcoholic liquor purchased from a licensed distributor or importing distributor, (vi) with the prior approval of the Commission, annually transfer no more than 155,000 gallons of beer manufactured on the premises to a licensed brew pub wholly owned and operated by the same licensee, and (vii) notwithstanding item (i) of this subsection, brew pubs wholly owned and operated by the same licensee may combine each location's production limit of 155,000 gallons of beer per year and allocate the aggregate total between the wholly owned, operated, and licensed locations.
A brew pub licensee shall not under any circumstance sell or offer for sale beer manufactured by the brew pub licensee to retail licensees.
A person who holds a class 2 brewer license may simultaneously hold a brew pub license if the class 2 brewer (i) does not, under any circumstance, sell or offer for sale beer manufactured by the class 2 brewer to retail licensees; (ii) does not hold more than 3 brew pub licenses in this State; (iii) does not manufacture more than a combined 3,720,000 gallons of beer per year, including the beer manufactured at the brew pub; and (iv) is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year or any other alcoholic liquor.
Notwithstanding any other provision of this Act, a licensed brewer, class 2 brewer, or non-resident dealer who before July 1, 2015 manufactured less than 3,720,000 gallons of beer per year and held a brew pub license on or before July 1, 2015 may (i) continue to qualify for and hold that brew pub license for the licensed premises and (ii) manufacture more than 3,720,000 gallons of beer per year and continue to qualify for and hold that brew pub license if that brewer, class 2 brewer, or non-resident dealer does not simultaneously hold a class 1 brewer license and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year or that produces any other alcoholic liquor.
A brew pub licensee may apply for a class 3 brewer license and, upon meeting all applicable qualifications of this Act and relinquishing all commonly owned brew pub or retail licenses, shall be issued a class 3 brewer license. Nothing in this Act shall prohibit the issuance of a class 3 brewer license if the applicant:
(1) has a valid retail license on or before May 1,
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(2) has an ownership interest in at least two brew
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| pubs licenses on or before May 1, 2021;
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(3) the brew pub licensee applies for a class 3
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| brewer license on or before October 1, 2022 and relinquishes all commonly owned brew pub licenses; and
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(4) relinquishes all commonly owned retail licenses
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| on or before December 31, 2022.
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If a brew pub licensee is issued a class 3 brewer license, the class 3 brewer license shall expire on the same date as the existing brew pub license and the State Commission shall not require a class 3 brewer licensee to obtain a brewer license, or in the alternative to pay a fee for a brewer license, until the date the brew pub license of the applicant would have expired.
(o) A caterer retailer license shall allow the holder
to serve alcoholic liquors as an incidental part of a food service that serves
prepared meals which excludes the serving of snacks as
the primary meal, either on or off-site whether licensed or unlicensed. A caterer retailer license shall allow the holder, a distributor, or an importing distributor to transfer any inventory to and from the holder's retail premises and shall allow the holder to purchase alcoholic liquor from a distributor or importing distributor to be delivered directly to an off-site event.
Nothing in this Act prohibits a distributor or importing distributor from offering credit or a refund for unused, salable beer to a holder of a caterer retailer license or a caterer retailer licensee from accepting a credit or refund for unused, salable beer, in the event an act of God is the sole reason an off-site event is cancelled and if: (i) the holder of a caterer retailer license has not transferred alcoholic liquor from its caterer retailer premises to an off-site location; (ii) the distributor or importing distributor offers the credit or refund for the unused, salable beer that it delivered to the off-site premises and not for any unused, salable beer that the distributor or importing distributor delivered to the caterer retailer's premises; and (iii) the unused, salable beer would likely spoil if transferred to the caterer retailer's premises. A caterer retailer license shall allow the holder to transfer any inventory from any off-site location to its caterer retailer premises at the conclusion of an off-site event or engage a distributor or importing distributor to transfer any inventory from any off-site location to its caterer retailer premises at the conclusion of an off-site event, provided that the distributor or importing distributor issues bona fide charges to the caterer retailer licensee for fuel, labor, and delivery and the distributor or importing distributor collects payment from the caterer retailer licensee prior to the distributor or importing distributor transferring inventory to the caterer retailer premises.
For purposes of this subsection (o), an "act of God" means an unforeseeable event, such as a rain or snow storm, hail, a flood, or a similar event, that is the sole cause of the cancellation of an off-site, outdoor event.
(p) An auction liquor license shall allow the licensee to sell and offer
for sale at auction wine and spirits for use or consumption, or for resale by
an Illinois liquor licensee in accordance with provisions of this Act. An
auction liquor license will be issued to a person and it will permit the
auction liquor licensee to hold the auction anywhere in the State. An auction
liquor license must be obtained for each auction at least 14 days in advance of
the auction date.
(q) A special use permit license shall allow an Illinois licensed
retailer to transfer a portion of its alcoholic liquor inventory from its
retail licensed premises to the premises specified in the license hereby
created; to purchase alcoholic liquor from a distributor or importing distributor to be delivered directly to the location specified in the license hereby created; and to sell or offer for sale at retail, only in the premises
specified in the license hereby created, the transferred or delivered alcoholic liquor for
use or consumption, but not for resale in any form. A special use permit
license may be granted for the following time periods: one day or less; 2 or
more days to a maximum of 15 days per location in any 12-month period. An
applicant for the special use permit license must also submit with the
application proof satisfactory to the State Commission that the applicant will
provide dram shop liability insurance to the maximum limits and have local
authority approval.
A special use permit license shall allow the holder to transfer any inventory from the holder's special use premises to its retail premises at the conclusion of the special use event or engage a distributor or importing distributor to transfer any inventory from the holder's special use premises to its retail premises at the conclusion of an off-site event, provided that the distributor or importing distributor issues bona fide charges to the special use permit licensee for fuel, labor, and delivery and the distributor or importing distributor collects payment from the retail licensee prior to the distributor or importing distributor transferring inventory to the retail premises.
Nothing in this Act prohibits a distributor or importing distributor from offering credit or a refund for unused, salable beer to a special use permit licensee or a special use permit licensee from accepting a credit or refund for unused, salable beer at the conclusion of the event specified in the license if: (i) the holder of the special use permit license has not transferred alcoholic liquor from its retail licensed premises to the premises specified in the special use permit license; (ii) the distributor or importing distributor offers the credit or refund for the unused, salable beer that it delivered to the premises specified in the special use permit license and not for any unused, salable beer that the distributor or importing distributor delivered to the retailer's premises; and (iii) the unused, salable beer would likely spoil if transferred to the retailer premises.
(r) A winery shipper's license shall allow a person
with a first-class or second-class wine manufacturer's
license, a first-class or second-class wine-maker's license,
or a limited wine manufacturer's license or who is licensed to
make wine under the laws of another state to ship wine
made by that licensee directly to a resident of this
State who is 21 years of age or older for that resident's
personal use and not for resale. Prior to receiving a
winery shipper's license, an applicant for the license must
provide the Commission with a true copy of its current
license in any state in which it is licensed as a manufacturer
of wine. An applicant for a winery shipper's license must
also complete an application form that provides any other
information the Commission deems necessary. The application form shall include all addresses from which the applicant for a winery shipper's license intends to ship wine, including the name and address of any third party, except for a common carrier, authorized to ship wine on behalf of the manufacturer. The
application form shall include an acknowledgement consenting
to the jurisdiction of the Commission, the Illinois
Department of Revenue, and the courts of this State concerning
the enforcement of this Act and any related laws, rules, and
regulations, including authorizing the Department of Revenue
and the Commission to conduct audits for the purpose of
ensuring compliance with Public Act 95-634, and an acknowledgement that the wine manufacturer is in compliance with Section 6-2 of this Act. Any third party, except for a common carrier, authorized to ship wine on behalf of a first-class or second-class wine manufacturer's licensee, a first-class or second-class wine-maker's licensee, a limited wine manufacturer's licensee, or a person who is licensed to make wine under the laws of another state shall also be disclosed by the winery shipper's licensee, and a copy of the written appointment of the third-party wine provider, except for a common carrier, to the wine manufacturer shall be filed with the State Commission as a supplement to the winery shipper's license application or any renewal thereof. The winery shipper's license holder shall affirm under penalty of perjury, as part of the winery shipper's license application or renewal, that he or she only ships wine, either directly or indirectly through a third-party provider, from the licensee's own production.
Except for a common carrier, a third-party provider shipping wine on behalf of a winery shipper's license holder is the agent of the winery shipper's license holder and, as such, a winery shipper's license holder is responsible for the acts and omissions of the third-party provider acting on behalf of the license holder. A third-party provider, except for a common carrier, that engages in shipping wine into Illinois on behalf of a winery shipper's license holder shall consent to the jurisdiction of the State Commission and the State. Any third-party, except for a common carrier, holding such an appointment shall, by February 1 of each calendar year and upon request by the State Commission or the Department of Revenue, file with the State Commission a statement detailing each shipment made to an Illinois resident. The statement shall include the name and address of the third-party provider filing the statement, the time period covered by the statement, and the following information:
(1) the name, address, and license number of the
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| winery shipper on whose behalf the shipment was made;
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(2) the quantity of the products delivered; and
(3) the date and address of the shipment.
If the Department of Revenue or the State Commission requests a statement under this paragraph, the third-party provider must provide that statement no later than 30 days after the request is made. Any books, records, supporting papers, and documents containing information and data relating to a statement under this paragraph shall be kept and preserved for a period of 3 years, unless their destruction sooner is authorized, in writing, by the Director of Revenue, and shall be open and available to inspection by the Director of Revenue or the State Commission or any duly authorized officer, agent, or employee of the State Commission or the Department of Revenue, at all times during business hours of the day. Any person who violates any provision of this paragraph or any rule of the State Commission for the administration and enforcement of the provisions of this paragraph is guilty of a Class C misdemeanor. In case of a continuing violation, each day's continuance thereof shall be a separate and distinct offense.
The State Commission shall adopt rules as soon as practicable to implement the requirements of Public Act 99-904 and shall adopt rules prohibiting any such third-party appointment of a third-party provider, except for a common carrier, that has been deemed by the State Commission to have violated the provisions of this Act with regard to any winery shipper licensee.
A winery shipper licensee must pay to the Department
of Revenue the State liquor gallonage tax under Section 8-1 for
all wine that is sold by the licensee and shipped to a person
in this State. For the purposes of Section 8-1, a winery
shipper licensee shall be taxed in the same manner as a
manufacturer of wine. A licensee who is not otherwise required to register under the Retailers' Occupation Tax Act must
register under the Use Tax Act to collect and remit use tax to
the Department of Revenue for all gallons of wine that are sold
by the licensee and shipped to persons in this State. If a
licensee fails to remit the tax imposed under this Act in
accordance with the provisions of Article VIII of this Act, the
winery shipper's license shall be revoked in accordance
with the provisions of Article VII of this Act. If a licensee
fails to properly register and remit tax under the Use Tax Act
or the Retailers' Occupation Tax Act for all wine that is sold
by the winery shipper and shipped to persons in this
State, the winery shipper's license shall be revoked in
accordance with the provisions of Article VII of this Act.
A winery shipper licensee must collect, maintain, and
submit to the Commission on a semi-annual basis the
total number of cases per resident of wine shipped to residents
of this State.
A winery shipper licensed under this subsection (r)
must comply with the requirements of Section 6-29 of this Act.
Pursuant to paragraph (5.1) or (5.3) of subsection (a) of Section 3-12, the State Commission may receive, respond to, and investigate any complaint and impose any of the remedies specified in paragraph (1) of subsection (a) of Section 3-12.
As used in this subsection, "third-party provider" means any entity that provides fulfillment house services, including warehousing, packaging, distribution, order processing, or shipment of wine, but not the sale of wine, on behalf of a licensed winery shipper.
(s) A craft distiller tasting permit license shall allow an Illinois licensed class 1 craft distiller or class 2 craft distiller to transfer a portion of its alcoholic liquor inventory from its class 1 craft distiller or class 2 craft distiller licensed premises to the premises specified in the license hereby created and to conduct a sampling, only in the premises specified in the license hereby created, of the transferred alcoholic liquor in accordance with subsection (c) of Section 6-31 of this Act. The transferred alcoholic liquor may not be sold or resold in any form. An applicant for the craft distiller tasting permit license must also submit with the application proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance to the maximum limits and have local authority approval.
(t) A brewer warehouse permit may be issued to the holder of a class 1 brewer license or a class 2 brewer license. If the holder of the permit is a class 1 brewer licensee, the brewer warehouse permit shall allow the holder to store or warehouse up to 930,000 gallons of tax-determined beer manufactured by the holder of the permit at the premises specified on the permit. If the holder of the permit is a class 2 brewer licensee, the brewer warehouse permit shall allow the holder to store or warehouse up to 3,720,000 gallons of tax-determined beer manufactured by the holder of the permit at the premises specified on the permit. Sales to non-licensees are prohibited at the premises specified in the brewer warehouse permit.
(u) A distilling pub license shall allow the licensee to only (i) manufacture up to 5,000 gallons of spirits per year only on the premises specified in the license, (ii) make sales of the spirits manufactured on the premises or, with the approval of the State Commission, spirits manufactured on another distilling pub licensed premises that is wholly owned and operated by the same licensee to importing distributors and distributors and to non-licensees for use and consumption, (iii) store the spirits upon the premises, (iv) sell and offer for sale at retail from the licensed premises for off-premises consumption no more than 5,000 gallons per year so long as such sales are only made in-person, (v) sell and offer for sale at retail for use and consumption on the premises specified in the license any form of alcoholic liquor purchased from a licensed distributor or importing distributor, and (vi) with the prior approval of the State Commission, annually transfer no more than 5,000 gallons of spirits manufactured on the premises to a licensed distilling pub wholly owned and operated by the same licensee.
A distilling pub licensee shall not under any circumstance sell or offer for sale spirits manufactured by the distilling pub licensee to retail licensees.
A person who holds a class 2 craft distiller license may simultaneously hold a distilling pub license if the class 2 craft distiller (i) does not, under any circumstance, sell or offer for sale spirits manufactured by the class 2 craft distiller to retail licensees; (ii) does not hold more than 3 distilling pub licenses in this State; (iii) does not manufacture more than a combined 100,000 gallons of spirits per year, including the spirits manufactured at the distilling pub; and (iv) is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 gallons of spirits per year or any other alcoholic liquor.
(v) A craft distiller warehouse permit may be issued to the holder of a class 1 craft distiller or class 2 craft distiller license. The craft distiller warehouse permit shall allow the holder to store or warehouse up to 500,000 gallons of spirits manufactured by the holder of the permit at the premises specified on the permit. Sales to non-licensees are prohibited at the premises specified in the craft distiller warehouse permit.
(w) A beer showcase permit license shall allow an Illinois-licensed distributor to transfer a portion of its beer inventory from its licensed premises to the premises specified in the beer showcase permit license, and, in the case of a class 3 brewer, transfer only beer the class 3 brewer manufactures from its licensed premises to the premises specified in the beer showcase permit license; and to sell or offer for sale at retail, only in the premises specified in the beer showcase permit license, the transferred or delivered beer for on or off premise consumption, but not for resale in any form and to sell to non-licensees not more than 96 fluid ounces of beer per person. A beer showcase permit license may be granted for the following time periods: one day or less; or 2 or more days to a maximum of 15 days per location in any 12-month period. An applicant for a beer showcase permit license must also submit with the application proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance to the maximum limits and have local authority approval. The State Commission shall require the beer showcase applicant to comply with Section 6-27.1.
(Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; 101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. 8-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22; 102-442, eff. 8-20-21; 102-1142, eff. 2-17-23.)
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(235 ILCS 5/6-11)
Sec. 6-11. Sale near churches, schools, and hospitals.
(a) No license shall be issued for the sale at retail of any
alcoholic liquor within 100 feet of any church, school other than an
institution of higher learning, hospital, home for aged or indigent
persons or for veterans, their spouses or children or any military or
naval station, provided, that this prohibition shall not apply to hotels
offering restaurant service, regularly organized clubs, or to
restaurants, food shops or other places where sale of alcoholic liquors
is not the principal business carried on if the place of business so
exempted is not located in a municipality of more than 500,000 persons,
unless required by local ordinance; nor to the renewal of a license for the
sale at retail of alcoholic liquor on premises within 100 feet of any church
or school where the church or school has been established within such
100 feet since the issuance of the original license. In the case of a
church, the distance of 100 feet shall be measured to the nearest part
of any building used for worship services or educational programs and
not to property boundaries.
(a-5) Notwithstanding any provision of this Section to the contrary, a local liquor control commissioner may grant an exemption to the prohibition in subsection (a) of this Section if a local rule or ordinance authorizes the local liquor control commissioner to grant that exemption. (b) Nothing in this Section shall prohibit the issuance of a retail
license
authorizing the sale of alcoholic liquor to a restaurant, the primary business
of which is the sale of goods baked on the premises if (i) the restaurant is
newly constructed and located on a lot of not less than 10,000 square feet,
(ii) the restaurant costs at least $1,000,000 to construct, (iii) the licensee
is the titleholder to the premises and resides on the premises, and (iv) the
construction of the restaurant is completed within 18 months of July 10, 1998 (the effective
date of Public Act 90-617).
(c) Nothing in this Section shall prohibit the issuance of a retail
license
authorizing the sale of alcoholic liquor incidental to a restaurant if (1) the
primary
business of the restaurant consists of the sale of food where the sale of
liquor is incidental to the sale of food and the applicant is a completely new
owner of the restaurant, (2) the immediately
prior owner or operator of the premises where the restaurant is located
operated the premises as a restaurant and held a valid retail license
authorizing the
sale of alcoholic liquor at the restaurant for at least part of the 24 months
before the
change of ownership, and (3) the restaurant is located 75 or more feet from a
school.
(d) In the interest of further developing Illinois' economy in the area
of
commerce, tourism, convention, and banquet business, nothing in this
Section shall
prohibit issuance of a retail license authorizing the sale of alcoholic
beverages to a restaurant, banquet facility, grocery store, or hotel having
not fewer than
150 guest room accommodations located in a municipality of more than 500,000
persons, notwithstanding the proximity of such hotel, restaurant,
banquet facility, or grocery store to any church or school, if the licensed
premises
described on the license are located within an enclosed mall or building of a
height of at least 6 stories, or 60 feet in the case of a building that has
been registered as a national landmark, or in a grocery store having a
minimum of 56,010 square feet of floor space in a single story building in an
open mall of at least 3.96 acres that is adjacent to a public school that
opened as a boys technical high school in 1934, or in a grocery store having a minimum of 31,000 square feet of floor space in a single story building located a distance of more than 90 feet but less than 100 feet from a high school that opened in 1928 as a junior high school and became a senior high school in 1933, and in each of these
cases if the sale of
alcoholic liquors is not the principal business carried on by the licensee.
For purposes of this Section, a "banquet facility" is any part of a
building that caters to private parties and where the sale of alcoholic liquors
is not the principal business.
(e) Nothing in this Section shall prohibit the issuance of a license to
a
church or private school to sell at retail alcoholic liquor if any such
sales are limited to periods when groups are assembled on the premises
solely for the promotion of some common object other than the sale or
consumption of alcoholic liquors.
(f) Nothing in this Section shall prohibit a church or church affiliated
school
located in a home rule municipality or in a municipality with 75,000 or more
inhabitants from locating
within 100 feet of a property for which there is a preexisting license to sell
alcoholic liquor at retail. In these instances, the local zoning authority
may, by ordinance adopted simultaneously with the granting of an initial
special use zoning permit for the church or church affiliated school, provide
that the 100-foot restriction in this Section shall not apply to that church or
church affiliated school and future retail liquor licenses.
(g) Nothing in this Section shall prohibit the issuance of a retail
license authorizing the sale of alcoholic liquor at premises within 100 feet,
but not less than 90 feet, of a public school if (1) the premises have been
continuously licensed to sell alcoholic liquor
for a period of at least 50 years,
(2) the premises are located in a municipality having a population of over
500,000 inhabitants, (3) the licensee is an individual who is a member of a
family that has held the previous 3 licenses for that location for more than 25
years, (4) the
principal of the school and the alderperson of the ward in which the school is
located have delivered a written statement to the local liquor control
commissioner stating that they do not object to the issuance of a license
under this subsection (g), and (5) the local liquor control commissioner has
received the written consent of a majority of the registered voters who live
within 200 feet of the premises.
(h) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within premises and at an outdoor patio area attached to premises that are located in a municipality with a population in excess of 300,000 inhabitants and that are within 100 feet of a church if:
(1) the sale of alcoholic liquor at the premises is |
| incidental to the sale of food,
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(2) the sale of liquor is not the principal business
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| carried on by the licensee at the premises,
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(3) the premises are less than 1,000 square feet,
(4) the premises are owned by the University of
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(5) the premises are immediately adjacent to property
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| owned by a church and are not less than 20 nor more than 40 feet from the church space used for worship services, and
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(6) the principal religious leader at the place of
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| worship has indicated his or her support for the issuance of the license in writing.
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(i) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 300,000 inhabitants and is within 100 feet of a church, synagogue, or other place of worship if:
(1) the primary entrance of the premises and the
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| primary entrance of the church, synagogue, or other place of worship are at least 100 feet apart, on parallel streets, and separated by an alley; and
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(2) the principal religious leader at the place of
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| worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
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(j) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance of a retail
license authorizing the sale of alcoholic liquor at a theater that is within 100 feet of a church if (1) the church owns the theater, (2) the church leases the theater to one or more entities, and
(3) the theater is used by at least 5 different not-for-profit theater groups.
(k) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
(1) the primary entrance of the premises and the
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| primary entrance of the school are parallel, on different streets, and separated by an alley;
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(2) the southeast corner of the premises are at least
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| 350 feet from the southwest corner of the school;
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(3) the school was built in 1978;
(4) the sale of alcoholic liquor at the premises is
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| incidental to the sale of food;
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(5) the sale of alcoholic liquor is not the principal
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| business carried on by the licensee at the premises;
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(6) the applicant is the owner of the restaurant and
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| has held a valid license authorizing the sale of alcoholic liquor for the business to be conducted on the premises at a different location for more than 7 years; and
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(7) the premises is at least 2,300 square feet and
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| sits on a lot that is between 6,100 and 6,150 square feet.
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(l) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a church or school if:
(1) the primary entrance of the premises and the
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| closest entrance of the church or school is at least 90 feet apart and no greater than 95 feet apart;
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(2) the shortest distance between the premises and
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| the church or school is at least 80 feet apart and no greater than 85 feet apart;
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(3) the applicant is the owner of the restaurant and
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| on November 15, 2006 held a valid license authorizing the sale of alcoholic liquor for the business to be conducted on the premises for at least 14 different locations;
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(4) the sale of alcoholic liquor at the premises is
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| incidental to the sale of food;
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(5) the sale of alcoholic liquor is not the principal
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| business carried on by the licensee at the premises;
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(6) the premises is at least 3,200 square feet and
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| sits on a lot that is between 7,150 and 7,200 square feet; and
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(7) the principal religious leader at the place of
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| worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
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(m) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a church if:
(1) the premises and the church are perpendicular,
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| and the primary entrance of the premises faces South while the primary entrance of the church faces West and the distance between the two entrances is more than 100 feet;
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(2) the shortest distance between the premises lot
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| line and the exterior wall of the church is at least 80 feet;
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(3) the church was established at the current
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| location in 1916 and the present structure was erected in 1925;
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(4) the premises is a single story, single use
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| building with at least 1,750 square feet and no more than 2,000 square feet;
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(5) the sale of alcoholic liquor at the premises is
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| incidental to the sale of food;
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(6) the sale of alcoholic liquor is not the principal
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| business carried on by the licensee at the premises; and
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(7) the principal religious leader at the place of
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| worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
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|
(n) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
(1) the school is a City of Chicago School District
|
|
(2) the school is located within subarea E of City of
|
| Chicago Residential Business Planned Development Number 70;
|
|
(3) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee on the premises;
|
|
(4) the sale of alcoholic liquor at the premises is
|
| incidental to the sale of food; and
|
|
(5) the administration of City of Chicago School
|
| District 299 has expressed, in writing, its support for the issuance of the license.
|
|
(o) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a retail license authorizing the sale of alcoholic liquor at a premises that is located within a municipality in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor at the premises is
|
| incidental to the sale of food;
|
|
(2) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(3) the premises is located on a street that runs
|
| perpendicular to the street on which the church is located;
|
|
(4) the primary entrance of the premises is at least
|
| 100 feet from the primary entrance of the church;
|
|
(5) the shortest distance between any part of the
|
| premises and any part of the church is at least 60 feet;
|
|
(6) the premises is between 3,600 and 4,000 square
|
| feet and sits on a lot that is between 3,600 and 4,000 square feet; and
|
|
(7) the premises was built in the year 1909.
For purposes of this subsection (o), "premises" means a place of business together with a privately owned outdoor location that is adjacent to the place of business.
(p) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the shortest distance between the backdoor of the
|
| premises, which is used as an emergency exit, and the church is at least 80 feet;
|
|
(2) the church was established at the current
|
|
(3) liquor has been sold on the premises since at
|
|
(q) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church-owned property if:
(1) the premises is located within a larger building
|
| operated as a grocery store;
|
|
(2) the area of the premises does not exceed 720
|
| square feet and the area of the larger building exceeds 18,000 square feet;
|
|
(3) the larger building containing the premises is
|
| within 100 feet of the nearest property line of a church-owned property on which a church-affiliated school is located;
|
|
(4) the sale of liquor is not the principal business
|
| carried on within the larger building;
|
|
(5) the primary entrance of the larger building and
|
| the premises and the primary entrance of the church-affiliated school are on different, parallel streets, and the distance between the 2 primary entrances is more than 100 feet;
|
|
(6) the larger building is separated from the
|
| church-owned property and church-affiliated school by an alley;
|
|
(7) the larger building containing the premises and
|
| the church building front are on perpendicular streets and are separated by a street; and
|
|
(8) (Blank).
(r) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance, renewal, or maintenance of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the primary entrance of the church and the
|
| primary entrance of the restaurant are at least 100 feet apart;
|
|
(2) the restaurant has operated on the ground floor
|
| and lower level of a multi-story, multi-use building for more than 40 years;
|
|
(3) the primary business of the restaurant consists
|
| of the sale of food where the sale of liquor is incidental to the sale of food;
|
|
(4) the sale of alcoholic liquor is conducted
|
| primarily in the below-grade level of the restaurant to which the only public access is by a staircase located inside the restaurant; and
|
|
(5) the restaurant has held a license authorizing the
|
| sale of alcoholic liquor on the premises for more than 40 years.
|
|
(s) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population more than 5,000 and less than 10,000 and is within 100 feet of a church if:
(1) the church was established at the location within
|
| 100 feet of the premises after a license for the sale of alcoholic liquor at the premises was first issued;
|
|
(2) a license for sale of alcoholic liquor at the
|
| premises was first issued before January 1, 2007; and
|
|
(3) a license for the sale of alcoholic liquor on
|
| the premises has been continuously in effect since January 1, 2007, except for interruptions between licenses of no more than 90 days.
|
|
(t) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a
license authorizing the sale of alcoholic liquor
incidental to the sale of food within a restaurant that is established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school and a church if:
(1) the restaurant is located inside a five-story
|
| building with over 16,800 square feet of commercial space;
|
|
(2) the area of the premises does not exceed 31,050
|
|
(3) the area of the restaurant does not exceed 5,800
|
|
(4) the building has no less than 78 condominium
|
|
(5) the construction of the building in which the
|
| restaurant is located was completed in 2006;
|
|
(6) the building has 10 storefront properties, 3 of
|
| which are used for the restaurant;
|
|
(7) the restaurant will open for business in 2010;
(8) the building is north of the school and separated
|
|
(9) the principal religious leader of the church and
|
| either the alderperson of the ward in which the school is located or the principal of the school have delivered a written statement to the local liquor control commissioner stating that he or she does not object to the issuance of a license under this subsection (t).
|
|
(u) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the premises operates as a restaurant and has
|
| been in operation since February 2008;
|
|
(2) the applicant is the owner of the premises;
(3) the sale of alcoholic liquor is incidental to the
|
|
(4) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee on the premises;
|
|
(5) the premises occupy the first floor of a 3-story
|
| building that is at least 90 years old;
|
|
(6) the rear lot of the school and the rear corner of
|
| the building that the premises occupy are separated by an alley;
|
|
(7) the distance from the southwest corner of the
|
| property line of the school and the northeast corner of the building that the premises occupy is at least 16 feet, 5 inches;
|
|
(8) the distance from the rear door of the premises
|
| to the southwest corner of the property line of the school is at least 93 feet;
|
|
(9) the school is a City of Chicago School District
|
|
(10) the school's main structure was erected in 1902
|
| and an addition was built to the main structure in 1959; and
|
|
(11) the principal of the school and the alderperson
|
| in whose district the premises are located have expressed, in writing, their support for the issuance of the license.
|
|
(v) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
(1) the total land area of the premises for which the
|
| license or renewal is sought is more than 600,000 square feet;
|
|
(2) the premises for which the license or renewal is
|
| sought has more than 600 parking stalls;
|
|
(3) the total area of all buildings on the premises
|
| for which the license or renewal is sought exceeds 140,000 square feet;
|
|
(4) the property line of the premises for which the
|
| license or renewal is sought is separated from the property line of the school by a street;
|
|
(5) the distance from the school's property line to
|
| the property line of the premises for which the license or renewal is sought is at least 60 feet;
|
|
(6) as of June 14, 2011 (the effective date of Public
|
| Act 97-9), the premises for which the license or renewal is sought is located in the Illinois Medical District.
|
|
(w) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor at the premises is
|
| incidental to the sale of food;
|
|
(2) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(3) the premises occupy the first floor and basement
|
| of a 2-story building that is 106 years old;
|
|
(4) the premises is at least 7,000 square feet and
|
| located on a lot that is at least 11,000 square feet;
|
|
(5) the premises is located directly west of the
|
| church, on perpendicular streets, and separated by an alley;
|
|
(6) the distance between the property line of the
|
| premises and the property line of the church is at least 20 feet;
|
|
(7) the distance between the primary entrance of the
|
| premises and the primary entrance of the church is at least 130 feet; and
|
|
(8) the church has been at its location for at least
|
|
(x) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(2) the church has been operating in its current
|
|
(3) the premises has been operating in its current
|
|
(4) the church and the premises are owned by the same
|
|
(5) the premises is used for cultural and educational
|
|
(6) the primary entrance to the premises and the
|
| primary entrance to the church are located on the same street;
|
|
(7) the principal religious leader of the church has
|
| indicated his support of the issuance of the license;
|
|
(8) the premises is a 2-story building of
|
| approximately 23,000 square feet; and
|
|
(9) the premises houses a ballroom on its ground
|
| floor of approximately 5,000 square feet.
|
|
(y) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(2) the sale of alcoholic liquor at the premises is
|
| incidental to the sale of food;
|
|
(3) according to the municipality, the distance
|
| between the east property line of the premises and the west property line of the school is 97.8 feet;
|
|
(4) the school is a City of Chicago School District
|
|
(5) the school has been operating since 1959;
(6) the primary entrance to the premises and the
|
| primary entrance to the school are located on the same street;
|
|
(7) the street on which the entrances of the premises
|
| and the school are located is a major diagonal thoroughfare;
|
|
(8) the premises is a single-story building of
|
| approximately 2,900 square feet; and
|
|
(9) the premises is used for commercial purposes only.
(z) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a mosque if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(2) the licensee shall only sell packaged liquors at
|
|
(3) the licensee is a national retail chain having
|
| over 100 locations within the municipality;
|
|
(4) the licensee has over 8,000 locations nationwide;
(5) the licensee has locations in all 50 states;
(6) the premises is located in the North-East
|
| quadrant of the municipality;
|
|
(7) the premises is a free-standing building that has
|
| "drive-through" pharmacy service;
|
|
(8) the premises has approximately 14,490 square feet
|
|
(9) the premises has approximately 799 square feet of
|
|
(10) the premises is located on a major arterial
|
| street that runs east-west and accepts truck traffic; and
|
|
(11) the alderperson of the ward in which the
|
| premises is located has expressed, in writing, his or her support for the issuance of the license.
|
|
(aa) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(2) the licensee shall only sell packaged liquors at
|
|
(3) the licensee is a national retail chain having
|
| over 100 locations within the municipality;
|
|
(4) the licensee has over 8,000 locations nationwide;
(5) the licensee has locations in all 50 states;
(6) the premises is located in the North-East
|
| quadrant of the municipality;
|
|
(7) the premises is located across the street from a
|
| national grocery chain outlet;
|
|
(8) the premises has approximately 16,148 square feet
|
|
(9) the premises has approximately 992 square feet of
|
|
(10) the premises is located on a major arterial
|
| street that runs north-south and accepts truck traffic; and
|
|
(11) the alderperson of the ward in which the
|
| premises is located has expressed, in writing, his or her support for the issuance of the license.
|
|
(bb) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(2) the sale of alcoholic liquor at the premises is
|
| incidental to the sale of food;
|
|
(3) the primary entrance to the premises and the
|
| primary entrance to the church are located on the same street;
|
|
(4) the premises is across the street from the church;
(5) the street on which the premises and the church
|
| are located is a major arterial street that runs east-west;
|
|
(6) the church is an elder-led and Bible-based
|
|
(7) the premises and the church are both single-story
|
|
(8) the storefront directly west of the church is
|
| being used as a restaurant; and
|
|
(9) the distance between the northern-most property
|
| line of the premises and the southern-most property line of the church is 65 feet.
|
|
(cc) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(2) the licensee shall only sell packaged liquors at
|
|
(3) the licensee is a national retail chain;
(4) as of October 25, 2011, the licensee has 1,767
|
| stores operating nationwide, 87 stores operating in the State, and 10 stores operating within the municipality;
|
|
(5) the licensee shall occupy approximately 124,000
|
| square feet of space in the basement and first and second floors of a building located across the street from a school;
|
|
(6) the school opened in August of 2009 and occupies
|
| approximately 67,000 square feet of space; and
|
|
(7) the building in which the premises shall be
|
| located has been listed on the National Register of Historic Places since April 17, 1970.
|
|
(dd) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
(1) the premises is constructed on land that was
|
| purchased from the municipality at a fair market price;
|
|
(2) the premises is constructed on land that was
|
| previously used as a parking facility for public safety employees;
|
|
(3) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(4) the main entrance to the store is more than 100
|
| feet from the main entrance to the school;
|
|
(5) the premises is to be new construction;
(6) the school is a private school;
(7) the principal of the school has given written
|
| approval for the license;
|
|
(8) the alderperson of the ward where the premises is
|
| located has given written approval of the issuance of the license;
|
|
(9) the grocery store level of the premises is
|
| between 60,000 and 70,000 square feet; and
|
|
(10) the owner and operator of the grocery store
|
| operates 2 other grocery stores that have alcoholic liquor licenses within the same municipality.
|
|
(ee) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
(1) the premises is constructed on land that once
|
| contained an industrial steel facility;
|
|
(2) the premises is located on land that has
|
| undergone environmental remediation;
|
|
(3) the premises is located within a retail complex
|
| containing retail stores where some of the stores sell alcoholic beverages;
|
|
(4) the principal activity of any restaurant in the
|
| retail complex is the sale of food, and the sale of alcoholic liquor is incidental to the sale of food;
|
|
(5) the sale of alcoholic liquor is not the principal
|
| business carried on by the grocery store;
|
|
(6) the entrance to any business that sells alcoholic
|
| liquor is more than 100 feet from the entrance to the school;
|
|
(7) the alderperson of the ward where the premises
|
| is located has given written approval of the issuance of the license; and
|
|
(8) the principal of the school has given written
|
| consent to the issuance of the license.
|
|
(ff) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried on at the premises;
|
|
(2) the sale of alcoholic liquor at the premises is
|
| incidental to the operation of a theater;
|
|
(3) the premises is a one and one-half-story building
|
| of approximately 10,000 square feet;
|
|
(4) the school is a City of Chicago School District
|
|
(5) the primary entrance of the premises and the
|
| primary entrance of the school are at least 300 feet apart and no more than 400 feet apart;
|
|
(6) the alderperson of the ward in which the premises
|
| is located has expressed, in writing, his support for the issuance of the license; and
|
|
(7) the principal of the school has expressed, in
|
| writing, that there is no objection to the issuance of a license under this subsection (ff).
|
|
(gg) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant or banquet facility established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(2) the property on which the church is located and
|
| the property on which the premises are located are both within a district originally listed on the National Register of Historic Places on February 14, 1979;
|
|
(3) the property on which the premises are located
|
| contains one or more multi-story buildings that are at least 95 years old and have no more than three stories;
|
|
(4) the building in which the church is located is at
|
|
(5) the property on which the church is located is
|
| immediately adjacent to and west of the property on which the premises are located;
|
|
(6) the western boundary of the property on which the
|
| premises are located is no less than 118 feet in length and no more than 122 feet in length;
|
|
(7) as of December 31, 2012, both the church property
|
| and the property on which the premises are located are within 250 feet of City of Chicago Business-Residential Planned Development Number 38;
|
|
(8) the principal religious leader at the place of
|
| worship has indicated his or her support for the issuance of the license in writing; and
|
|
(9) the alderperson in whose district the premises
|
| are located has expressed his or her support for the issuance of the license in writing.
|
|
For the purposes of this subsection, "banquet facility" means the part of the building that is located on the floor above a restaurant and caters to private parties and where the sale of alcoholic liquors is not the principal business.
(hh) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a hotel and at an outdoor patio area attached to the hotel that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a hospital if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the hotel;
|
|
(2) the hotel is located within the City of Chicago
|
| Business Planned Development Number 468; and
|
|
(3) the hospital is located within the City of
|
| Chicago Institutional Planned Development Number 3.
|
|
(ii) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a restaurant and at an outdoor patio area attached to the restaurant that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a church if:
(1) the sale of alcoholic liquor at the premises is
|
| not the principal business carried on by the licensee and is incidental to the sale of food;
|
|
(2) the restaurant has been operated on the street
|
| level of a 2-story building located on a corner lot since 2008;
|
|
(3) the restaurant is between 3,700 and 4,000 square
|
| feet and sits on a lot that is no more than 6,200 square feet;
|
|
(4) the primary entrance to the restaurant and the
|
| primary entrance to the church are located on the same street;
|
|
(5) the street on which the restaurant and the church
|
| are located is a major east-west street;
|
|
(6) the restaurant and the church are separated by a
|
| one-way northbound street;
|
|
(7) the church is located to the west of and no more
|
| than 65 feet from the restaurant; and
|
|
(8) the principal religious leader at the place of
|
| worship has indicated his or her consent to the issuance of the license in writing.
|
|
(jj) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(2) the sale of alcoholic liquor is incidental to the
|
|
(3) the premises are located east of the church, on
|
| perpendicular streets, and separated by an alley;
|
|
(4) the distance between the primary entrance of the
|
| premises and the primary entrance of the church is at least 175 feet;
|
|
(5) the distance between the property line of the
|
| premises and the property line of the church is at least 40 feet;
|
|
(6) the licensee has been operating at the premises
|
|
(7) the church was constructed in 1904;
(8) the alderperson of the ward in which the premises
|
| is located has expressed, in writing, his or her support for the issuance of the license; and
|
|
(9) the principal religious leader of the church has
|
| delivered a written statement that he or she does not object to the issuance of a license under this subsection (jj).
|
|
(kk) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(2) the licensee shall only sell packaged liquors on
|
|
(3) the licensee is a national retail chain;
(4) as of February 27, 2013, the licensee had 1,778
|
| stores operating nationwide, 89 operating in this State, and 11 stores operating within the municipality;
|
|
(5) the licensee shall occupy approximately 169,048
|
| square feet of space within a building that is located across the street from a tuition-based preschool; and
|
|
(6) the alderperson of the ward in which the premises
|
| is located has expressed, in writing, his or her support for the issuance of the license.
|
|
(ll) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(2) the licensee shall only sell packaged liquors on
|
|
(3) the licensee is a national retail chain;
(4) as of February 27, 2013, the licensee had 1,778
|
| stores operating nationwide, 89 operating in this State, and 11 stores operating within the municipality;
|
|
(5) the licensee shall occupy approximately 191,535
|
| square feet of space within a building that is located across the street from an elementary school; and
|
|
(6) the alderperson of the ward in which the premises
|
| is located has expressed, in writing, his or her support for the issuance of the license.
|
|
(mm) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within premises and at an outdoor patio or sidewalk cafe, or both, attached to premises that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a hospital if:
(1) the primary business of the restaurant consists
|
| of the sale of food where the sale of liquor is incidental to the sale of food;
|
|
(2) as a restaurant, the premises may or may not
|
| offer catering as an incidental part of food service;
|
|
(3) the primary business of the restaurant is
|
| conducted in space owned by a hospital or an entity owned or controlled by, under common control with, or that controls a hospital, and the chief hospital administrator has expressed his or her support for the issuance of the license in writing; and
|
|
(4) the hospital is an adult acute care facility
|
| primarily located within the City of Chicago Institutional Planned Development Number 3.
|
|
(nn) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried out on the premises;
|
|
(2) the sale of alcoholic liquor at the premises is
|
| incidental to the operation of a theater;
|
|
(3) the premises are a building that was constructed
|
| in 1913 and opened on May 24, 1915 as a vaudeville theater, and the premises were converted to a motion picture theater in 1935;
|
|
(4) the church was constructed in 1889 with a stone
|
|
(5) the primary entrance of the premises and the
|
| primary entrance of the church are at least 100 feet apart;
|
|
(6) the principal religious leader at the place of
|
| worship has indicated his or her consent to the issuance of the license in writing; and
|
|
(7) the alderperson in whose ward the premises are
|
| located has expressed his or her support for the issuance of the license in writing.
|
|
(oo) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a mosque, church, or other place of worship if:
(1) the primary entrance of the premises and the
|
| primary entrance of the mosque, church, or other place of worship are perpendicular and are on different streets;
|
|
(2) the primary entrance to the premises faces West
|
| and the primary entrance to the mosque, church, or other place of worship faces South;
|
|
(3) the distance between the 2 primary entrances is
|
|
(4) the mosque, church, or other place of worship was
|
| established in a location within 100 feet of the premises after a license for the sale of alcohol at the premises was first issued;
|
|
(5) the mosque, church, or other place of worship was
|
| established on or around January 1, 2011;
|
|
(6) a license for the sale of alcohol at the premises
|
| was first issued on or before January 1, 1985;
|
|
(7) a license for the sale of alcohol at the premises
|
| has been continuously in effect since January 1, 1985, except for interruptions between licenses of no more than 90 days; and
|
|
(8) the premises are a single-story, single-use
|
| building of at least 3,000 square feet and no more than 3,380 square feet.
|
|
(pp) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant or banquet facility established on premises that are located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of at least one church if:
(1) the sale of liquor shall not be the principal
|
| business carried on by the licensee at the premises;
|
|
(2) the premises are at least 2,000 square feet and
|
| no more than 10,000 square feet and is located in a single-story building;
|
|
(3) the property on which the premises are located is
|
| within an area that, as of 2009, was designated as a Renewal Community by the United States Department of Housing and Urban Development;
|
|
(4) the property on which the premises are located
|
| and the properties on which the churches are located are on the same street;
|
|
(5) the property on which the premises are located is
|
| immediately adjacent to and east of the property on which at least one of the churches is located;
|
|
(6) the property on which the premises are located is
|
| across the street and southwest of the property on which another church is located;
|
|
(7) the principal religious leaders of the churches
|
| have indicated their support for the issuance of the license in writing; and
|
|
(8) the alderperson in whose ward the premises are
|
| located has expressed his or her support for the issuance of the license in writing.
|
|
For purposes of this subsection (pp), "banquet facility" means the part of the building that caters to private parties and where the sale of alcoholic liquors is not the principal business.
(qq) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor on premises that are located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church or school if:
(1) the primary entrance of the premises and the
|
| closest entrance of the church or school are at least 200 feet apart and no greater than 300 feet apart;
|
|
(2) the shortest distance between the premises and
|
| the church or school is at least 66 feet apart and no greater than 81 feet apart;
|
|
(3) the premises are a single-story, steel-framed
|
| commercial building with at least 18,042 square feet, and was constructed in 1925 and 1997;
|
|
(4) the owner of the business operated within the
|
| premises has been the general manager of a similar supermarket within one mile from the premises, which has had a valid license authorizing the sale of alcoholic liquor since 2002, and is in good standing with the City of Chicago;
|
|
(5) the principal religious leader at the place of
|
| worship has indicated his or her support to the issuance or renewal of the license in writing;
|
|
(6) the alderperson of the ward has indicated his or
|
| her support to the issuance or renewal of the license in writing; and
|
|
(7) the principal of the school has indicated his or
|
| her support to the issuance or renewal of the license in writing.
|
|
(rr) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a club that leases space to a school if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried out on the premises;
|
|
(2) the sale of alcoholic liquor at the premises is
|
| incidental to the operation of a grocery store;
|
|
(3) the premises are a building of approximately
|
| 1,750 square feet and is rented by the owners of the grocery store from a family member;
|
|
(4) the property line of the premises is
|
| approximately 68 feet from the property line of the club;
|
|
(5) the primary entrance of the premises and the
|
| primary entrance of the club where the school leases space are at least 100 feet apart;
|
|
(6) the director of the club renting space to the
|
| school has indicated his or her consent to the issuance of the license in writing; and
|
|
(7) the alderperson in whose district the premises
|
| are located has expressed his or her support for the issuance of the license in writing.
|
|
(ss) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the premises are located within a 15 unit
|
| building with 13 residential apartments and 2 commercial spaces, and the licensee will occupy both commercial spaces;
|
|
(2) a restaurant has been operated on the premises
|
|
(3) the restaurant currently occupies 1,075 square
|
| feet, but will be expanding to include 975 additional square feet;
|
|
(4) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(5) the premises are located south of the church and
|
| on the same street and are separated by a one-way westbound street;
|
|
(6) the primary entrance of the premises is at least
|
| 93 feet from the primary entrance of the church;
|
|
(7) the shortest distance between any part of the
|
| premises and any part of the church is at least 72 feet;
|
|
(8) the building in which the restaurant is located
|
|
(9) the alderperson of the ward in which the premises
|
| are located has expressed, in writing, his or her support for the issuance of the license; and
|
|
(10) the principal religious leader of the church has
|
| delivered a written statement that he or she does not object to the issuance of a license under this subsection (ss).
|
|
(tt) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(2) the sale of alcoholic liquor is incidental to the
|
|
(3) the sale of alcoholic liquor at the premises was
|
| previously authorized by a package goods liquor license;
|
|
(4) the premises are at least 40,000 square feet with
|
| 25 parking spaces in the contiguous surface lot to the north of the store and 93 parking spaces on the roof;
|
|
(5) the shortest distance between the lot line of the
|
| parking lot of the premises and the exterior wall of the church is at least 80 feet;
|
|
(6) the distance between the building in which the
|
| church is located and the building in which the premises are located is at least 180 feet;
|
|
(7) the main entrance to the church faces west and is
|
| at least 257 feet from the main entrance of the premises; and
|
|
(8) the applicant is the owner of 10 similar grocery
|
| stores within the City of Chicago and the surrounding area and has been in business for more than 30 years.
|
|
(uu) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(2) the sale of alcoholic liquor is incidental to the
|
| operation of a grocery store;
|
|
(3) the premises are located in a building that is
|
| approximately 68,000 square feet with 157 parking spaces on property that was previously vacant land;
|
|
(4) the main entrance to the church faces west and is
|
| at least 500 feet from the entrance of the premises, which faces north;
|
|
(5) the church and the premises are separated by an
|
|
(6) the applicant is the owner of 9 similar grocery
|
| stores in the City of Chicago and the surrounding area and has been in business for more than 40 years; and
|
|
(7) the alderperson of the ward in which the premises
|
| are located has expressed, in writing, his or her support for the issuance of the license.
|
|
(vv) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is the principal
|
| business carried on by the licensee at the premises;
|
|
(2) the sale of alcoholic liquor is primary to the
|
|
(3) the premises are located south of the church and
|
| on perpendicular streets and are separated by a driveway;
|
|
(4) the primary entrance of the premises is at least
|
| 100 feet from the primary entrance of the church;
|
|
(5) the shortest distance between any part of the
|
| premises and any part of the church is at least 15 feet;
|
|
(6) the premises are less than 100 feet from the
|
| church center, but greater than 100 feet from the area within the building where church services are held;
|
|
(7) the premises are 25,830 square feet and sit on a
|
|
(8) the premises were once designated as a Korean
|
| American Presbyterian Church and were once used as a Masonic Temple;
|
|
(9) the premises were built in 1910;
(10) the alderperson of the ward in which the
|
| premises are located has expressed, in writing, his or her support for the issuance of the license; and
|
|
(11) the principal religious leader of the church has
|
| delivered a written statement that he or she does not object to the issuance of a license under this subsection (vv).
|
|
For the purposes of this subsection (vv), "premises" means a place of business together with a privately owned outdoor location that is adjacent to the place of business.
(ww) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the school is located within Sub Area III of City
|
| of Chicago Residential-Business Planned Development Number 523, as amended; and
|
|
(2) the premises are located within Sub Area I, Sub
|
| Area II, or Sub Area IV of City of Chicago Residential-Business Planned Development Number 523, as amended.
|
|
(xx) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of wine or wine-related products is the
|
| exclusive business carried on by the licensee at the premises;
|
|
(2) the primary entrance of the premises and the
|
| primary entrance of the church are at least 100 feet apart and are located on different streets;
|
|
(3) the building in which the premises are located
|
| and the building in which the church is located are separated by an alley;
|
|
(4) the premises consists of less than 2,000 square
|
| feet of floor area dedicated to the sale of wine or wine-related products;
|
|
(5) the premises are located on the first floor of a
|
| 2-story building that is at least 99 years old and has a residential unit on the second floor; and
|
|
(6) the principal religious leader at the church has
|
| indicated his or her support for the issuance or renewal of the license in writing.
|
|
(yy) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the premises are a 27-story hotel containing 191
|
|
(2) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises and is limited to a restaurant located on the first floor of the hotel;
|
|
(3) the hotel is adjacent to the church;
(4) the site is zoned as DX-16;
(5) the principal religious leader of the church has
|
| delivered a written statement that he or she does not object to the issuance of a license under this subsection (yy); and
|
|
(6) the alderperson of the ward in which the premises
|
| are located has expressed, in writing, his or her support for the issuance of the license.
|
|
(zz) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the premises are a 15-story hotel containing 143
|
|
(2) the premises are approximately 85,691 square feet;
(3) a restaurant is operated on the premises;
(4) the restaurant is located in the first floor
|
|
(5) the sale of alcoholic liquor is not the
|
| principal business carried on by the licensee at the premises;
|
|
(6) the hotel is located approximately 50 feet from
|
| the church and is separated from the church by a public street on the ground level and by air space on the upper level, which is where the public entrances are located;
|
|
(7) the site is zoned as DX-16;
(8) the principal religious leader of the church has
|
| delivered a written statement that he or she does not object to the issuance of a license under this subsection (zz); and
|
|
(9) the alderperson of the ward in which the premises
|
| are located has expressed, in writing, his or her support for the issuance of the license.
|
|
(aaa) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is not the primary
|
| business activity of the grocery store;
|
|
(2) the premises are newly constructed on land that
|
| was formerly used by the Young Men's Christian Association;
|
|
(3) the grocery store is located within a planned
|
| development that was approved by the municipality in 2007;
|
|
(4) the premises are located in a multi-building,
|
|
(5) the entrance to the grocery store is located more
|
| than 200 feet from the entrance to the school;
|
|
(6) the entrance to the grocery store is located
|
| across the street from the back of the school building, which is not used for student or public access;
|
|
(7) the grocery store executed a binding lease for
|
|
(8) the premises consist of 2 levels and occupy more
|
|
(9) the owner and operator of the grocery store
|
| operates at least 10 other grocery stores that have alcoholic liquor licenses within the same municipality; and
|
|
(10) the director of the school has expressed, in
|
| writing, his or her support for the issuance of the license.
|
|
(bbb) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor at the premises is
|
| incidental to the sale of food;
|
|
(2) the premises are located in a single-story
|
| building of primarily brick construction containing at least 6 commercial units constructed before 1940;
|
|
(3) the premises are located in a B3-2 zoning
|
|
(4) the premises are less than 4,000 square feet;
(5) the church established its congregation in 1891
|
| and completed construction of the church building in 1990;
|
|
(6) the premises are located south of the church;
(7) the premises and church are located on the same
|
| street and are separated by a one-way westbound street; and
|
|
(8) the principal religious leader of the church has
|
| not indicated his or her opposition to the issuance or renewal of the license in writing.
|
|
(ccc) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church and school if:
(1) as of March 14, 2007, the premises are located in
|
| a City of Chicago Residential-Business Planned Development No. 1052;
|
|
(2) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(3) the sale of alcoholic liquor is incidental to the
|
| operation of a grocery store and comprises no more than 10% of the total in-store sales;
|
|
(4) the owner and operator of the grocery store
|
| operates at least 10 other grocery stores that have alcoholic liquor licenses within the same municipality;
|
|
(5) the premises are new construction when the
|
|
(6) the constructed premises are to be no less than
|
|
(7) the school is a private church-affiliated school;
(8) the premises and the property containing the
|
| church and church-affiliated school are located on perpendicular streets and the school and church are adjacent to one another;
|
|
(9) the pastor of the church and school has
|
| expressed, in writing, support for the issuance of the license; and
|
|
(10) the alderperson of the ward in which the
|
| premises are located has expressed, in writing, his or her support for the issuance of the license.
|
|
(ddd) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church or school if:
(1) the business has been issued a license from the
|
| municipality to allow the business to operate a theater on the premises;
|
|
(2) the theater has less than 200 seats;
(3) the premises are approximately 2,700 to 3,100
|
|
(4) the premises are located to the north of the
|
|
(5) the primary entrance of the premises and the
|
| primary entrance of any church within 100 feet of the premises are located either on a different street or across a right-of-way from the premises;
|
|
(6) the primary entrance of the premises and the
|
| primary entrance of any school within 100 feet of the premises are located either on a different street or across a right-of-way from the premises;
|
|
(7) the premises are located in a building that is at
|
|
(8) any church or school located within 100 feet of
|
| the premises has indicated its support for the issuance or renewal of the license to the premises in writing.
|
|
(eee) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church and school if:
(1) the sale of alcoholic liquor is incidental to the
|
|
(2) the sale of alcoholic liquor is not the principal
|
| business carried on by the applicant on the premises;
|
|
(3) a family-owned restaurant has operated on the
|
|
(4) the premises occupy the first floor of a 3-story
|
| building that is at least 90 years old;
|
|
(5) the distance between the property line of the
|
| premises and the property line of the church is at least 20 feet;
|
|
(6) the church was established at its current
|
| location and the present structure was erected before 1900;
|
|
(7) the primary entrance of the premises is at least
|
| 75 feet from the primary entrance of the church;
|
|
(8) the school is affiliated with the church;
(9) the principal religious leader at the place of
|
| worship has indicated his or her support for the issuance of the license in writing;
|
|
(10) the principal of the school has indicated in
|
| writing that he or she is not opposed to the issuance of the license; and
|
|
(11) the alderperson of the ward in which the
|
| premises are located has expressed, in writing, his or her lack of an objection to the issuance of the license.
|
|
(fff) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the
|
| principal business carried on by the licensee at the premises;
|
|
(2) the sale of alcoholic liquor at the
|
| premises is incidental to the operation of a grocery store;
|
|
(3) the premises are a one-story building
|
| containing approximately 10,000 square feet and are rented by the owners of the grocery store;
|
|
(4) the sale of alcoholic liquor at the
|
| premises occurs in a retail area of the grocery store that is approximately 3,500 square feet;
|
|
(5) the grocery store has operated at the
|
|
(6) the grocery store is closed on Sundays;
(7) the property on which the premises are
|
| located is a corner lot that is bound by 3 streets and an alley, where one street is a one-way street that runs north-south, one street runs east-west, and one street runs northwest-southeast;
|
|
(8) the property line of the premises is
|
| approximately 16 feet from the property line of the building where the church is located;
|
|
(9) the premises are separated from the
|
| building containing the church by a public alley;
|
|
(10) the primary entrance of the premises and
|
| the primary entrance of the church are at least 100 feet apart;
|
|
(11) representatives of the church have
|
| delivered a written statement that the church does not object to the issuance of a license under this subsection (fff); and
|
|
(12) the alderperson of the ward in which the
|
| grocery store is located has expressed, in writing, his or her support for the issuance of the license.
|
|
(ggg) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of licenses authorizing the sale of alcoholic liquor within a restaurant or lobby coffee house at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church and school if:
(1) a residential retirement home formerly operated
|
| on the premises and the premises are being converted into a new apartment living complex containing studio and one-bedroom apartments with ground floor retail space;
|
|
(2) the restaurant and lobby coffee house are located
|
| within a Community Shopping District within the municipality;
|
|
(3) the premises are located in a single-building,
|
| mixed-use complex that, in addition to the restaurant and lobby coffee house, contains apartment residences, a fitness center for the residents of the apartment building, a lobby designed as a social center for the residents, a rooftop deck, and a patio with a dog run for the exclusive use of the residents;
|
|
(4) the sale of alcoholic liquor is not the primary
|
| business activity of the apartment complex, restaurant, or lobby coffee house;
|
|
(5) the entrance to the apartment residence is more
|
| than 310 feet from the entrance to the school and church;
|
|
(6) the entrance to the apartment residence is
|
| located at the end of the block around the corner from the south side of the school building;
|
|
(7) the school is affiliated with the church;
(8) the pastor of the parish, principal of the
|
| school, and the titleholder to the church and school have given written consent to the issuance of the license;
|
|
(9) the alderperson of the ward in which the premises
|
| are located has given written consent to the issuance of the license; and
|
|
(10) the neighborhood block club has given
|
| written consent to the issuance of the license.
|
|
(hhh) Notwithstanding any provision of this Section to
the contrary, nothing in this Section shall prohibit the
issuance or renewal of a license to sell alcoholic liquor at
premises located within a municipality with a population
in excess of 1,000,000 inhabitants and within 100 feet of a home for indigent persons or a church if:
(1) a restaurant operates on the premises and has
|
| been in operation since January of 2014;
|
|
(2) the sale of alcoholic liquor is incidental to the
|
|
(3) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee on the premises;
|
|
(4) the premises occupy the first floor of a 3-story
|
| building that is at least 100 years old;
|
|
(5) the primary entrance to the premises is more than
|
| 100 feet from the primary entrance to the home for indigent persons, which opened in 1989 and is operated to address homelessness and provide shelter;
|
|
(6) the primary entrance to the premises and the
|
| primary entrance to the home for indigent persons are located on different streets;
|
|
(7) the executive director of the home for indigent
|
| persons has given written consent to the issuance of the license;
|
|
(8) the entrance to the premises is located within
|
| 100 feet of a Buddhist temple;
|
|
(9) the entrance to the premises is more than 100
|
| feet from where any worship or educational programming is conducted by the Buddhist temple and is located in an area used only for other purposes; and
|
|
(10) the president and the board of directors of the
|
| Buddhist temple have given written consent to the issuance of the license.
|
|
(iii) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality in excess of 1,000,000 inhabitants and within 100 feet of a home for the aged if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee on the premises;
|
|
(2) the sale of alcoholic liquor at the premises is
|
| incidental to the operation of a restaurant;
|
|
(3) the premises are on the ground floor of a
|
| multi-floor, university-affiliated housing facility;
|
|
(4) the premises occupy 1,916 square feet of space,
|
| with the total square footage from which liquor will be sold, served, and consumed to be 900 square feet;
|
|
(5) the premises are separated from the home for the
|
|
(6) the primary entrance to the premises and the
|
| primary entrance to the home for the aged are at least 500 feet apart and located on different streets;
|
|
(7) representatives of the home for the aged have
|
| expressed, in writing, that the home does not object to the issuance of a license under this subsection; and
|
|
(8) the alderperson of the ward in which the
|
| restaurant is located has expressed, in writing, his or her support for the issuance of the license.
|
|
(jjj) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) as of January 1, 2016, the premises were used for
|
| the sale of alcoholic liquor for consumption on the premises and were authorized to do so pursuant to a retail tavern license held by an individual as the sole proprietor of the premises;
|
|
(2) the primary entrance to the school and the
|
| primary entrance to the premises are on the same street;
|
|
(3) the school was founded in 1949;
(4) the building in which the premises are situated
|
| was constructed before 1930;
|
|
(5) the building in which the premises are situated
|
| is immediately across the street from the school; and
|
|
(6) the school has not indicated its opposition to
|
| the issuance or renewal of the license in writing.
|
|
(kkk) (Blank).
(lll) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a synagogue or school if:
(1) the sale of alcoholic liquor at the premises is
|
| incidental to the sale of food;
|
|
(2) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(3) the premises are located on the same street on
|
| which the synagogue or school is located;
|
|
(4) the primary entrance to the premises and the
|
| closest entrance to the synagogue or school is at least 100 feet apart;
|
|
(5) the shortest distance between the premises and
|
| the synagogue or school is at least 65 feet apart and no greater than 70 feet apart;
|
|
(6) the premises are between 1,800 and 2,000 square
|
|
(7) the synagogue was founded in 1861; and
(8) the leader of the synagogue has indicated, in
|
| writing, the synagogue's support for the issuance or renewal of the license.
|
|
(mmm) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of licenses authorizing the sale of alcoholic liquor within a restaurant or lobby coffee house at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(2) the sale of alcoholic liquor at the premises is
|
| incidental to the sale of food in a restaurant;
|
|
(3) the restaurant has been run by the same family
|
| for at least 19 consecutive years;
|
|
(4) the premises are located in a 3-story building in
|
| the most easterly part of the first floor;
|
|
(5) the building in which the premises are located
|
| has residential housing on the second and third floors;
|
|
(6) the primary entrance to the premises is on a
|
| north-south street around the corner and across an alley from the primary entrance to the church, which is on an east-west street;
|
|
(7) the primary entrance to the church and the
|
| primary entrance to the premises are more than 160 feet apart; and
|
|
(8) the church has expressed, in writing, its support
|
| for the issuance of a license under this subsection.
|
|
(nnn) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of licenses authorizing the sale of alcoholic liquor within a restaurant or lobby coffee house at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school and church or synagogue if:
(1) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(2) the sale of alcoholic liquor at the premises is
|
| incidental to the sale of food in a restaurant;
|
|
(3) the front door of the synagogue faces east on the
|
| next north-south street east of and parallel to the north-south street on which the restaurant is located where the restaurant's front door faces west;
|
|
(4) the closest exterior pedestrian entrance that
|
| leads to the school or the synagogue is across an east-west street and at least 300 feet from the primary entrance to the restaurant;
|
|
(5) the nearest church-related or school-related
|
| building is a community center building;
|
|
(6) the restaurant is on the ground floor of a
|
| 3-story building constructed in 1896 with a brick facade;
|
|
(7) the restaurant shares the ground floor with a
|
| theater, and the second and third floors of the building in which the restaurant is located consists of residential housing;
|
|
(8) the leader of the synagogue and school has
|
| expressed, in writing, that the synagogue does not object to the issuance of a license under this subsection; and
|
|
(9) the alderperson of the ward in which the premises
|
| is located has expressed, in writing, his or her support for the issuance of the license.
|
|
(ooo) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 2,000 but less than 5,000 inhabitants in a county with a population in excess of 3,000,000 and within 100 feet of a home for the aged if:
(1) as of March 1, 2016, the premises were used to
|
| sell alcohol pursuant to a retail tavern and packaged goods license issued by the municipality and held by a limited liability company as the proprietor of the premises;
|
|
(2) the home for the aged was completed in 2015;
(3) the home for the aged is a 5-story structure;
(4) the building in which the premises are situated
|
| is directly adjacent to the home for the aged;
|
|
(5) the building in which the premises are situated
|
| was constructed before 1950;
|
|
(6) the home for the aged has not indicated its
|
| opposition to the issuance or renewal of the license; and
|
|
(7) the president of the municipality has expressed
|
| in writing that he or she does not object to the issuance or renewal of the license.
|
|
(ppp) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church or churches if:
(1) the shortest distance between the premises and a
|
| church is at least 78 feet apart and no greater than 95 feet apart;
|
|
(2) the premises are a single-story, brick commercial
|
| building and between 3,600 to 4,000 square feet and the original building was built before 1922;
|
|
(3) the premises are located in a B3-2 zoning
|
|
(4) the premises are separated from the buildings
|
| containing the churches by a street;
|
|
(5) the previous owners of the business located on
|
| the premises held a liquor license for at least 10 years;
|
|
(6) the new owner of the business located on the
|
| premises has managed 2 other food and liquor stores since 1997;
|
|
(7) the principal religious leaders at the places of
|
| worship have indicated their support for the issuance or renewal of the license in writing; and
|
|
(8) the alderperson of the ward in which the premises
|
| are located has indicated his or her support for the issuance or renewal of the license in writing.
|
|
(qqq) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor at the premises is
|
| incidental to the sale of food;
|
|
(2) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(3) the premises are located on the opposite side of
|
| the same street on which the church is located;
|
|
(4) the church is located on a corner lot;
(5) the shortest distance between the premises and
|
| the church is at least 90 feet apart and no greater than 95 feet apart;
|
|
(6) the premises are at least 3,000 but no more than
|
|
(7) the church's original chapel was built in 1858;
(8) the church's first congregation was organized in
|
|
(9) the leaders of the church and the alderperson of
|
| the ward in which the premises are located has expressed, in writing, their support for the issuance of the license.
|
|
(rrr) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a restaurant or banquet facility established within premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church or school if:
(1) the sale of alcoholic liquor at the premises is
|
| incidental to the sale of food;
|
|
(2) the sale of alcoholic liquor is not the principal
|
| business carried on by the licensee at the premises;
|
|
(3) the immediately prior owner or the operator of
|
| the restaurant or banquet facility held a valid retail license authorizing the sale of alcoholic liquor at the premises for at least part of the 24 months before a change of ownership;
|
|
(4) the premises are located immediately east and
|
| across the street from an elementary school;
|
|
(5) the premises and elementary school are part of an
|
| approximately 100-acre campus owned by the church;
|
|
(6) the school opened in 1999 and was named after the
|
| founder of the church; and
|
|
(7) the alderperson of the ward in which the premises
|
| are located has expressed, in writing, his or her support for the issuance of the license.
|
|
(sss) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if:
(1) the premises are at least 5,300 square feet and
|
| located in a building that was built prior to 1940;
|
|
(2) the shortest distance between the property line
|
| of the premises and the exterior wall of the building in which the church is located is at least 109 feet;
|
|
(3) the distance between the building in which the
|
| church is located and the building in which the premises are located is at least 118 feet;
|
|
(4) the main entrance to the church faces west and is
|
| at least 602 feet from the main entrance of the premises;
|
|
(5) the shortest distance between the property line
|
| of the premises and the property line of the school is at least 177 feet;
|
|
(6) the applicant has been in business for more than
|
|
(7) the principal religious leader of the church has
|
| indicated his or her support for the issuance or renewal of the license in writing;
|
|
(8) the principal of the school has indicated in
|
| writing that he or she is not opposed to the issuance of the license; and
|
|
(9) the alderperson of the ward in which the premises
|
| are located has expressed, in writing, his or her support for the issuance of the license.
|
|
(ttt) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if:
(1) the premises are at least 59,000 square feet and
|
| located in a building that was built prior to 1940;
|
|
(2) the shortest distance between the west property
|
| line of the premises and the exterior wall of the church is at least 99 feet;
|
|
(3) the distance between the building in which the
|
| church is located and the building in which the premises are located is at least 102 feet;
|
|
(4) the main entrance to the church faces west and is
|
| at least 457 feet from the main entrance of the premises;
|
|
(5) the shortest distance between the property line
|
| of the premises and the property line of the school is at least 66 feet;
|
|
(6) the applicant has been in business for more than
|
|
(7) the principal religious leader of the church has
|
| indicated his or her support for the issuance or renewal of the license in writing;
|
|
(8) the principal of the school has indicated in
|
| writing that he or she is not opposed to the issuance of the license; and
|
|
(9) the alderperson of the ward in which the premises
|
| are located has expressed, in writing, his or her support for the issuance of the license.
|
|
(uuu) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a place of worship if:
(1) the sale of liquor is incidental to the sale of
|
|
(2) the premises are at least 7,100 square feet;
(3) the shortest distance between the north property
|
| line of the premises and the nearest exterior wall of the place of worship is at least 86 feet;
|
|
(4) the main entrance to the place of worship faces
|
| north and is more than 150 feet from the main entrance of the premises;
|
|
(5) the applicant has been in business for more than
|
| 20 years at the location;
|
|
(6) the principal religious leader of the place of
|
| worship has indicated his or her support for the issuance or renewal of the license in writing; and
|
|
(7) the alderperson of the ward in which the premises
|
| are located has expressed, in writing, his or her support for the issuance of the license.
|
|
(vvv) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of 2 churches if:
(1) as of January 1, 2015, the premises were used for
|
| the sale of alcoholic liquor for consumption on the premises and the sale was authorized pursuant to a retail tavern license held by an individual as the sole proprietor of the premises;
|
|
(2) a primary entrance of the church situated to the
|
| south of the premises is located on a street running perpendicular to the street upon which a primary entrance of the premises is situated;
|
|
(3) the church located to the south of the premises
|
| is a 3-story structure that was constructed in 2006;
|
|
(4) a parking lot separates the premises from the
|
| church located to the south of the premises;
|
|
(5) the building in which the premises are situated
|
| was constructed before 1930;
|
|
(6) the building in which the premises are situated
|
| is a 2-story, mixed-use commercial and residential structure containing more than 20,000 total square feet and containing at least 7 residential units on the second floor and 3 commercial units on the first floor;
|
|
(7) the building in which the premises are situated
|
| is immediately adjacent to the church located to the north of the premises;
|
|
(8) the primary entrance of the church located to the
|
| north of the premises and the primary entrance of the premises are located on the same street;
|
|
(9) the churches have not indicated their opposition
|
| to the issuance or renewal of the license in writing; and
|
|
(10) the alderperson of the ward in which the
|
| premises are located has expressed, in writing, his or her support for the issuance of the license.
|
|
(www) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of licenses authorizing the sale of alcoholic liquor within a restaurant at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is incidental to
|
| the sale of food and is not the principal business of the restaurant;
|
|
(2) the building in which the restaurant is located
|
| was constructed in 1909 and is a 2-story structure;
|
|
(3) the restaurant has been operating
|
| continuously since 1962, has been located at the existing premises since 1989, and has been owned and operated by the same family, which also operates a deli in a building located immediately to the east and adjacent and connected to the restaurant;
|
|
(4) the entrance to the restaurant is more than 200
|
| feet from the entrance to the school;
|
|
(5) the building in which the restaurant is
|
| located and the building in which the school is located are separated by a traffic-congested major street;
|
|
(6) the building in which the restaurant is
|
| located faces a public park located to the east of the school, cannot be seen from the windows of the school, and is not directly across the street from the school;
|
|
(7) the school building is located 2 blocks from a
|
| major private university;
|
|
(8) the school is a public school that has
|
| pre-kindergarten through eighth grade classes, is an open enrollment school, and has a preschool program that has earned a Gold Circle of Quality award;
|
|
(9) the local school council has given written
|
| consent for the issuance of the liquor license; and
|
|
(10) the alderperson of the ward in which the
|
| premises are located has given written consent for the issuance of the liquor license.
|
|
(xxx) (Blank).
(yyy) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a store that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the premises are primarily used for the sale of
|
|
(2) on January 1, 2017, the store was authorized to
|
| sell alcoholic liquor pursuant to a package goods liquor license;
|
|
(3) on January 1, 2017, the store occupied
|
| approximately 5,560 square feet and will be expanded to include 440 additional square feet for the purpose of storage;
|
|
(4) the store was in existence before the church;
(5) the building in which the store is located was
|
| built in 1956 and is immediately south of the church;
|
|
(6) the store and church are separated by an
|
|
(7) the owner of the store received his first liquor
|
|
(8) the church has not indicated its opposition to
|
| the issuance or renewal of the license in writing; and
|
|
(9) the alderperson of the ward in which the store
|
| is located has expressed his or her support for the issuance or renewal of the license.
|
|
(zzz) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the premises are approximately 2,800 square feet
|
| with east frontage on South Allport Street and north frontage on West 18th Street in the City of Chicago;
|
|
(2) the shortest distance between the north property
|
| line of the premises and the nearest exterior wall of the church is 95 feet;
|
|
(3) the main entrance to the church is on West 18th
|
| Street, faces south, and is more than 100 feet from the main entrance to the premises;
|
|
(4) the sale of alcoholic liquor is incidental to the
|
| sale of food in a restaurant;
|
|
(5) the principal religious leader of the church has
|
| not indicated his or her opposition to the issuance or renewal of the license in writing; and
|
|
(6) the alderperson of the ward in which the premises
|
| are located has indicated his or her support for the issuance or renewal of the license in writing.
|
|
(aaaa) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the shortest distance between the premises and
|
| the church is at least 65 feet apart and no greater than 70 feet apart;
|
|
(2) the premises are located on the ground floor of
|
| a freestanding, 3-story building of brick construction with 2 stories of residential apartments above the premises;
|
|
(3) the premises are approximately 2,557 square
|
|
(4) the premises and the church are located on
|
| opposite corners and are separated by sidewalks and a street;
|
|
(5) the sale of alcohol is not the principal
|
| business carried on by the licensee at the premises;
|
|
(6) the pastor of the church has not indicated his
|
| or her opposition to the issuance or renewal of the license in writing; and
|
|
(7) the alderperson of the ward in which the
|
| premises are located has not indicated his or her opposition to the issuance or renewal of the license in writing.
|
|
(bbbb) Notwithstanding any other provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises or an outdoor location at the premises located within a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a church or school if:
(1) the church was a Catholic cathedral on January 1,
|
|
(2) the church has been in existence for at least 150
|
|
(3) the school is affiliated with the church;
(4) the premises are bordered by State Street on the
|
| east, Superior Street on the south, Dearborn Street on the west, and Chicago Avenue on the north;
|
|
(5) the premises are located within 2 miles of Lake
|
| Michigan and the Chicago River;
|
|
(6) the premises are located in and adjacent to a
|
| building for which construction commenced after January 1, 2018;
|
|
(7) the alderperson who represents the district in
|
| which the premises are located has written a letter of support for the issuance of a license; and
|
|
(8) the principal religious leader of the church and
|
| the principal of the school have both signed a letter of support for the issuance of a license.
|
|
(cccc) Notwithstanding any other provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a restaurant at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is incidental to the
|
| sale of food and is not the principal business of the restaurant;
|
|
(2) the building in which the restaurant is located
|
| was constructed in 1912 and is a 3-story structure;
|
|
(3) the restaurant has been in operation since 2015
|
| and its entrance faces North Western Avenue;
|
|
(4) the entrance to the school faces West Augusta
|
|
(5) the entrance to the restaurant is more than 100
|
| feet from the entrance to the school;
|
|
(6) the school is a Catholic school affiliated with
|
| the nearby Catholic Parish church;
|
|
(7) the building in which the restaurant is located
|
| and the building in which the school is located are separated by an alley;
|
|
(8) the principal of the school has not indicated his
|
| or her opposition to the issuance or renewal of the license in writing; and
|
|
(9) the alderperson of the ward in which the
|
| restaurant is located has expressed his or her support for the issuance or renewal of the license.
|
|
(dddd) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the premises are approximately 6,250 square feet
|
| with south frontage on Bryn Mawr Avenue and north frontage on the alley 125 feet north of Bryn Mawr Avenue in the City of Chicago;
|
|
(2) the shortest distance between the south property
|
| line of the premises and the nearest exterior wall of the school is 248 feet;
|
|
(3) the main entrance to the school is on Christiana
|
| Avenue, faces east, and is more than 100 feet from the main entrance to the premises;
|
|
(4) the sale of alcoholic liquor is incidental to the
|
| sale of food in a restaurant;
|
|
(5) the principal of the school has not indicated his
|
| or her opposition to the issuance or renewal of the license in writing; and
|
|
(6) the alderperson of the ward in which the premises
|
| are located has indicated his or her support for the issuance or renewal of the license in writing.
|
|
(eeee) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the premises are approximately 2,300 square feet
|
| with south frontage on 53rd Street in the City of Chicago and the eastern property line of the premises abuts a private alleyway;
|
|
(2) the shortest distance between the south property
|
| line of the premises and the nearest exterior wall of the school is approximately 187 feet;
|
|
(3) the main entrance to the school is on Cornell
|
| Avenue, faces west, and is more than 100 feet from the main entrance to the premises;
|
|
(4) the sale of alcoholic liquor is incidental to the
|
| sale of food in a restaurant;
|
|
(5) the principal of the school has not indicated his
|
| or her opposition to the issuance or renewal of the license in writing; and
|
|
(6) the alderperson of the ward in which the premises
|
| are located has indicated his or her support for the issuance or renewal of the license in writing.
|
|
(Source: P.A. 101-81, eff. 7-12-19; 102-15, eff. 6-17-21.)
|