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91_SB0656enr SB656 Enrolled LRB9103496LDmb 1 AN ACT to amend the Liquor Control Act of 1934 by 2 changing Sections 6-11 and 7-13. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Liquor Control Act of 1934 is amended by 6 changing Sections 6-11 and 7-13 as follows: 7 (235 ILCS 5/6-11) (from Ch. 43, par. 127) 8 Sec. 6-11. No license shall be issued for the sale at 9 retail of any alcoholic liquor within 100 feet of any church, 10 school other than an institution of higher learning, 11 hospital, home for aged or indigent persons or for veterans, 12 their spouses or children or any military or naval station, 13 provided, that this prohibition shall not apply to hotels 14 offering restaurant service, regularly organized clubs, or to 15 restaurants, food shops or other places where sale of 16 alcoholic liquors is not the principal business carried on if 17 the place of business so exempted is not located in a 18 municipality of more than 500,000 persons, unless required by 19 local ordinance; nor to the renewal of a license for the sale 20 at retail of alcoholic liquor on premises within 100 feet of 21 any church or school where the church or school has been 22 established within such 100 feet since the issuance of the 23 original license. In the case of a church, the distance of 24 100 feet shall be measured to the nearest part of any 25 building used for worship services or educational programs 26 and not to property boundaries. 27 Nothing in this Section shall prohibit the issuance of a 28 retail license authorizing the sale of alcoholic liquor to a 29 restaurant, the primary business of which is the sale of 30 goods baked on the premises if (i) the restaurant is newly 31 constructed and located on a lot of not less than 10,000 SB656 Enrolled -2- LRB9103496LDmb 1 square feet, (ii) the restaurant costs at least $1,000,000 to 2 construct, (iii) the licensee is the titleholder to the 3 premises and resides on the premises, and (iv) the 4 construction of the restaurant is completed within 18 months 5 of the effective date of this amendatory Act of 1998. 6 Nothing in this Section shall prohibit the issuance of a 7 retail license authorizing the sale of alcoholic liquor 8 incidental to a restaurant if (1) the primary business of the 9 restaurant consists of the sale of food where the sale of 10 liquor is incidental to the sale of food and the applicant is 11 a completely new owner of the restaurant, (2) the immediately 12 prior owner or operator of the premises where the restaurant 13 is located operated the premises as a restaurant and held a 14 valid retail license authorizing the sale of alcoholic liquor 15 at the restaurant for at least part of the 24 months before 16 the change of ownership, and (3) the restaurant is located 75 17 or more feet from a school. 18 In the interest of further developing Illinois' economy 19 in the area of commerce, tourism, convention, and banquet 20 business, nothing in this Section shall prohibit issuance of 21 a retail license authorizing the sale of alcoholic beverages 22 to a restaurant, banquet facility, grocery store, or hotel 23 having not fewer than 150 guest room accommodations located 24 in a municipality of more than 500,000 persons, 25 notwithstanding the proximity of such hotel, restaurant,or26 banquet facility, or grocery store to any church or school, 27 if the licensed premises described on the license are located 28 within an enclosed mall or building of a height of at least 6 29 stories, or 60 feet in the case of a building that has been 30 registered as a national landmark, or in a grocery store 31 having a minimum of 56,010 square feet of floor space in a 32 single story building in an open mall of at least 3.96 acres 33 that is adjacent to a public school that opened as a boys 34 technical high school in 1934, and in each of these cases SB656 Enrolled -3- LRB9103496LDmb 1either caseif the sale of alcoholic liquors is not the 2 principal business carried on by the licenseelicense. 3 For purposes of this Section, a "banquet facility" is any 4 part of a building that caters to private parties and where 5 the sale of alcoholic liquors is not the principal business. 6 Nothing in this Section shall prohibit the issuance of a 7 license to a church or private school to sell at retail 8 alcoholic liquor if any such sales are limited to periods 9 when groups are assembled on the premises solely for the 10 promotion of some common object other than the sale or 11 consumption of alcoholic liquors. 12 Nothing in this Section shall prohibit a church or church 13 affiliated school located in a municipality with 75,000 or 14 more inhabitants from locating within 100 feet of a property 15 for which there is a preexisting license to sell alcoholic 16 liquor at retail. In these instances, the local zoning 17 authority may, by ordinance adopted simultaneously with the 18 granting of an initial special use zoning permit for the 19 church or church affiliated school, provide that the 100-foot 20 restriction in this Section shall not apply to that church or 21 church affiliated school and future retail liquor licenses. 22 (Source: P.A. 89-308, eff. 1-1-96; 89-709, eff. 2-14-97; 23 90-617, eff. 7-10-98; 90-655, eff. 7-30-98; revised 24 10-31-98.) 25 (235 ILCS 5/7-13) (from Ch. 43, par. 156) 26 Sec. 7-13. Granting licenses after revocation; waiting 27 period; discretion. When any license shall have been revoked 28 for any cause, no license shall be granted to any person for 29 the period of one year thereafter for the conduct of the 30 business of manufacturing, distributing, or selling alcoholic 31 liquor in the premises described in the revoked license 32 unless the revocation order has been vacated or unless the 33 revocation order was entered as to the licensee only. SB656 Enrolled -4- LRB9103496LDmb 1 Nothing in this Section shall prohibit the issuance of a 2 retail license authorizing the sale of alcoholic liquor 3 incidental to a restaurant if (1) the primary business of the 4 restaurant consists of the sale of food where the sale of 5 liquor is incidental to the sale of food and the applicant is 6 a completely new owner of the restaurant, (2) the immediately 7 prior owner or operator of the premises where the restaurant 8 is located operated the premises as a restaurant and held a 9 valid retail license authorizing the sale of alcoholic liquor 10 at the restaurant for at least part of the 24 months before 11 the change of ownership, and (3) the restaurant is located 75 12 or more feet from a school. 13 (Source: P.A. 89-250, eff. 1-1-96.)