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91_SB0656eng SB656 Engrossed 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 Engrossed -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 tourism, convention, and banquet business, 20 nothing in this Section shall prohibit issuance of a retail 21 license authorizing the sale of alcoholic beverages to a 22 restaurant, banquet facility, or hotel having not fewer than 23 150 guest room accommodations located in a municipality of 24 more than 500,000 persons, notwithstanding the proximity of 25 such hotel, restaurant, or banquet facility to any church or 26 school, if the licensed premises described on the license are 27 located within an enclosed mall or building of a height of at 28 least 6 stories, or 60 feet in the case of a building that 29 has been registered as a national landmark, and in either 30 case if the sale of alcoholic liquors is not the principal 31 business carried on by the licenseelicense. 32 For purposes of this Section, a "banquet facility" is any 33 part of a building that caters to private parties and where 34 the sale of alcoholic liquors is not the principal business. SB656 Engrossed -3- LRB9103496LDmb 1 Nothing in this Section shall prohibit the issuance of a 2 license to a church or private school to sell at retail 3 alcoholic liquor if any such sales are limited to periods 4 when groups are assembled on the premises solely for the 5 promotion of some common object other than the sale or 6 consumption of alcoholic liquors. 7 Nothing in this Section shall prohibit a church or church 8 affiliated school located in a municipality with 75,000 or 9 more inhabitants from locating within 100 feet of a property 10 for which there is a preexisting license to sell alcoholic 11 liquor at retail. In these instances, the local zoning 12 authority may, by ordinance adopted simultaneously with the 13 granting of an initial special use zoning permit for the 14 church or church affiliated school, provide that the 100-foot 15 restriction in this Section shall not apply to that church or 16 church affiliated school and future retail liquor licenses. 17 (Source: P.A. 89-308, eff. 1-1-96; 89-709, eff. 2-14-97; 18 90-617, eff. 7-10-98; 90-655, eff. 7-30-98; revised 19 10-31-98.) 20 (235 ILCS 5/7-13) (from Ch. 43, par. 156) 21 Sec. 7-13. Granting licenses after revocation; waiting 22 period; discretion. When any license shall have been revoked 23 for any cause, no license shall be granted to any person for 24 the period of one year thereafter for the conduct of the 25 business of manufacturing, distributing, or selling alcoholic 26 liquor in the premises described in the revoked license 27 unless the revocation order has been vacated or unless the 28 revocation order was entered as to the licensee only. 29 Nothing in this Section shall prohibit the issuance of a 30 retail license authorizing the sale of alcoholic liquor 31 incidental to a restaurant if (1) the primary business of the 32 restaurant consists of the sale of food where the sale of 33 liquor is incidental to the sale of food and the applicant is SB656 Engrossed -4- LRB9103496LDmb 1 a completely new owner of the restaurant, (2) the immediately 2 prior owner or operator of the premises where the restaurant 3 is located operated the premises as a restaurant and held a 4 valid retail license authorizing the sale of alcoholic liquor 5 at the restaurant for at least part of the 24 months before 6 the change of ownership, and (3) the restaurant is located 75 7 or more feet from a school. 8 (Source: P.A. 89-250, eff. 1-1-96.)