State of Illinois
92nd General Assembly
Legislation

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92_HB4214

 
                                               LRB9214684LBcs

 1        AN ACT in relation to alcoholic liquor.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Liquor Control Act of 1934 is amended by
 5    changing Section 6-11 as follows:

 6        (235 ILCS 5/6-11) (from Ch. 43, par. 127)
 7        Sec. 6-11.  Sale near churches, schools, and hospitals.
 8        (a)  No license shall be issued for the sale at retail of
 9    any  alcoholic  liquor  within 100 feet of any church, school
10    other than an institution of higher learning, hospital,  home
11    for  aged  or indigent persons or for veterans, their spouses
12    or children or any military or naval station, provided,  that
13    this   prohibition   shall   not  apply  to  hotels  offering
14    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        (b)  Nothing in this Section shall prohibit the  issuance
28    of  a retail license authorizing the sale of alcoholic liquor
29    to a 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
 
                            -2-                LRB9214684LBcs
 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        (c)  Nothing  in this Section shall prohibit the issuance
 7    of a 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        (d)  In  the  interest  of  further  developing Illinois'
19    economy in the area of  commerce,  tourism,  convention,  and
20    banquet  business,  nothing  in  this  Section shall prohibit
21    issuance  of  a  retail  license  authorizing  the  sale   of
22    alcoholic   beverages  to  a  restaurant,  banquet  facility,
23    grocery store, or hotel having not fewer than 150 guest  room
24    accommodations located in a municipality of more than 500,000
25    persons,   notwithstanding   the  proximity  of  such  hotel,
26    restaurant, banquet facility, or grocery store to any  church
27    or  school, if the licensed premises described on the license
28    are located within an enclosed mall or building of  a  height
29    of  at  least 6 stories, or 60 feet in the case of a building
30    that has been registered as a  national  landmark,  or  in  a
31    grocery store having a minimum of 56,010 square feet of floor
32    space  in a single story building in an open mall of at least
33    3.96 acres that is adjacent to a public school that opened as
34    a boys technical high school in 1934, and in  each  of  these
 
                            -3-                LRB9214684LBcs
 1    cases  if  the sale of alcoholic liquors is not the principal
 2    business carried on by the licensee.
 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        (e)  Nothing  in this Section shall prohibit the issuance
 7    of a 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        (f)  Nothing in this Section shall prohibit a  church  or
13    church  affiliated  school  located  in  a  municipality with
14    75,000 or more inhabitants from locating within 100 feet of a
15    property for which there is a  preexisting  license  to  sell
16    alcoholic  liquor  at  retail.  In these instances, the local
17    zoning authority may,  by  ordinance  adopted  simultaneously
18    with the granting of an initial special use zoning permit for
19    the  church  or  church  affiliated  school, provide that the
20    100-foot restriction in this Section shall not apply to  that
21    church  or  church affiliated school and future retail liquor
22    licenses.
23        (g)  Nothing in this Section shall prohibit the  issuance
24    of  a retail license authorizing the sale of alcoholic liquor
25    at premises within 100 feet, but not less than 90 feet, of  a
26    public  school  if  (1)  the  premises have been continuously
27    licensed to sell alcoholic liquor for a period of at least 50
28    years, (2) the premises are located in a municipality  having
29    a population of over 500,000 inhabitants, (3) the licensee is
30    an  individual  who is a member of a family that has held the
31    previous 3 licenses for that location for more than 25 years,
32    (4) the principal of the school and the alderman of the  ward
33    in  which  the  school  is  located  have delivered a written
34    statement to the local liquor  control  commissioner  stating
 
                            -4-                LRB9214684LBcs
 1    that  they  do  not object to the issuance of a license under
 2    this  subsection  (g),  and  (5)  the  local  liquor  control
 3    commissioner has received the written consent of  a  majority
 4    of  the  registered  voters  who  live within 200 feet of the
 5    premises.
 6    (Source: P.A. 90-617, eff.  7-10-98;  90-655,  eff.  7-30-98;
 7    91-357, eff. 7-29-99; 91-623, eff. 1-1-00.)

 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.

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