Bill Amendment: IL HB3237 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LIQUOR-SOCIAL MEDIA ADVERTISE
Status: 2015-08-24 - Public Act . . . . . . . . . 99-0448 [HB3237 Detail]
Download: Illinois-2015-HB3237-House_Amendment_001.html
Bill Title: LIQUOR-SOCIAL MEDIA ADVERTISE
Status: 2015-08-24 - Public Act . . . . . . . . . 99-0448 [HB3237 Detail]
Download: Illinois-2015-HB3237-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3237
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2 | AMENDMENT NO. ______. Amend House Bill 3237 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Liquor Control Act of 1934 is amended by | ||||||
5 | changing Sections 6-5, 6-6, and 6-11 as follows:
| ||||||
6 | (235 ILCS 5/6-5) (from Ch. 43, par. 122)
| ||||||
7 | Sec. 6-5.
Except as otherwise provided in this Section, it | ||||||
8 | is unlawful
for any person having a retailer's license or
any | ||||||
9 | officer, associate, member, representative or agent of such | ||||||
10 | licensee
to accept, receive or borrow money, or anything else | ||||||
11 | of value, or accept
or receive credit (other than merchandising | ||||||
12 | credit in the ordinary
course of business for a period not to | ||||||
13 | exceed 30 days) directly or
indirectly from any manufacturer, | ||||||
14 | importing distributor or distributor
of alcoholic liquor, or | ||||||
15 | from any person connected with or in any way
representing, or | ||||||
16 | from any member of the family of, such manufacturer,
importing |
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1 | distributor, distributor or wholesaler, or from any
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2 | stockholders in any corporation engaged in manufacturing, | ||||||
3 | distributing
or wholesaling of such liquor, or from any | ||||||
4 | officer, manager, agent or
representative of said | ||||||
5 | manufacturer. Except as provided below, it is
unlawful for any | ||||||
6 | manufacturer
or distributor or importing distributor to give or | ||||||
7 | lend money or
anything of value, or otherwise loan or extend | ||||||
8 | credit (except such
merchandising credit) directly or | ||||||
9 | indirectly to any retail licensee or
to the manager, | ||||||
10 | representative, agent, officer or director of such
licensee. A | ||||||
11 | manufacturer, distributor or importing distributor may furnish
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12 | free advertising, posters,
signs, brochures, hand-outs, or | ||||||
13 | other promotional devices or materials to
any unit of | ||||||
14 | government owning or operating any auditorium, exhibition | ||||||
15 | hall,
recreation facility or other similar facility holding a | ||||||
16 | retailer's license,
provided that the primary purpose of such | ||||||
17 | promotional devices or materials
is to promote public events | ||||||
18 | being held at such facility. A unit of government
owning or | ||||||
19 | operating such a facility holding a retailer's license may | ||||||
20 | accept
such promotional devices or materials designed | ||||||
21 | primarily to promote public
events held at the facility. No | ||||||
22 | retail licensee delinquent beyond the
30 day period specified | ||||||
23 | in this Section shall
solicit, accept or receive credit, | ||||||
24 | purchase or acquire alcoholic
liquors, directly or indirectly | ||||||
25 | from any other licensee, and no
manufacturer, distributor or | ||||||
26 | importing distributor shall knowingly grant
or extend credit, |
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1 | sell, furnish or supply alcoholic liquors to any such
| ||||||
2 | delinquent retail licensee; provided that the purchase price of | ||||||
3 | all beer
sold to a retail licensee shall be paid by the retail | ||||||
4 | licensee in cash
on or before delivery of the beer, and unless | ||||||
5 | the purchase price payable
by a retail licensee for beer sold | ||||||
6 | to him in returnable bottles shall
expressly include a charge | ||||||
7 | for the bottles and cases, the retail
licensee shall, on or | ||||||
8 | before delivery of such beer, pay the seller in
cash a deposit | ||||||
9 | in an amount not less than the deposit required to be
paid by | ||||||
10 | the distributor to the brewer; but where the brewer sells | ||||||
11 | direct
to the retailer, the deposit shall be an amount no less | ||||||
12 | than that
required by the brewer from his own distributors; and | ||||||
13 | provided further,
that in no instance shall this deposit be | ||||||
14 | less than 50 cents for each
case of beer in pint or smaller | ||||||
15 | bottles and 60 cents for each case of
beer in quart or | ||||||
16 | half-gallon bottles; and provided further, that the
purchase | ||||||
17 | price of all beer sold to an importing distributor or
| ||||||
18 | distributor shall be paid by such importing distributor or | ||||||
19 | distributor
in cash on or before the 15th day (Sundays and | ||||||
20 | holidays excepted) after
delivery of such beer to such | ||||||
21 | purchaser; and unless the purchase price
payable by such | ||||||
22 | importing distributor or distributor for beer sold in
| ||||||
23 | returnable bottles and cases shall expressly include a charge | ||||||
24 | for the
bottles and cases, such importing distributor or | ||||||
25 | distributor shall, on
or before the 15th day (Sundays and | ||||||
26 | holidays excepted) after delivery of
such beer to such |
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| |||||||
1 | purchaser, pay the seller in cash a required amount as
a | ||||||
2 | deposit to assure the return of such bottles and cases. Nothing | ||||||
3 | herein
contained shall prohibit any licensee from crediting or | ||||||
4 | refunding to a
purchaser the actual amount of money paid for | ||||||
5 | bottles, cases, kegs or
barrels returned by the purchaser to | ||||||
6 | the seller or paid by the purchaser
as a deposit on bottles, | ||||||
7 | cases, kegs or barrels, when such containers or
packages are | ||||||
8 | returned to the seller. Nothing herein contained shall
prohibit | ||||||
9 | any manufacturer, importing distributor or distributor from
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10 | extending usual and customary credit for alcoholic liquor sold | ||||||
11 | to
customers or purchasers who live in or maintain places of | ||||||
12 | business
outside of this State when such alcoholic liquor is | ||||||
13 | actually transported
and delivered to such points outside of | ||||||
14 | this State.
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15 | A manufacturer, distributor, or importing distributor may | ||||||
16 | furnish free social media advertising to a retail licensee if | ||||||
17 | the social media advertisement does not contain the retail | ||||||
18 | price of any alcoholic liquor and the social media | ||||||
19 | advertisement complies with any applicable guidance issued by | ||||||
20 | the Alcohol and Tobacco Tax and Trade Bureau of the United | ||||||
21 | States Department of the Treasury. Nothing in this Section | ||||||
22 | shall prohibit a retailer from communicating with a | ||||||
23 | manufacturer, distributor, or importing distributor on social | ||||||
24 | media or sharing media on the social media of a manufacturer, | ||||||
25 | distributor, or importing distributor. A retailer may request | ||||||
26 | free social media advertising from a manufacturer, |
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1 | distributor, or importing distributor. For the purposes of this | ||||||
2 | Section, "social media" means a service, platform, or site | ||||||
3 | where users communicate with one another and share media, such | ||||||
4 | as pictures, videos, music, and blogs, with other users free of | ||||||
5 | charge. | ||||||
6 | No right of action shall exist for the collection of any | ||||||
7 | claim based
upon credit extended to a distributor, importing | ||||||
8 | distributor or retail
licensee contrary to the provisions of | ||||||
9 | this Section.
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10 | Every manufacturer, importing distributor and distributor | ||||||
11 | shall
submit or cause to be submitted, to the State Commission, | ||||||
12 | in triplicate,
not later than Thursday of each calendar week, a | ||||||
13 | verified written list
of the names and respective addresses of | ||||||
14 | each retail licensee purchasing
spirits or wine from such | ||||||
15 | manufacturer, importing distributor or
distributor who, on the | ||||||
16 | first business day of that calendar week, was
delinquent beyond | ||||||
17 | the above mentioned permissible merchandising credit
period of | ||||||
18 | 30 days; or, if such is the fact, a verified written statement
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19 | that no retail licensee purchasing spirits or wine was then | ||||||
20 | delinquent
beyond such permissible merchandising credit period | ||||||
21 | of 30 days.
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22 | Every manufacturer, importing distributor and distributor | ||||||
23 | shall
submit or cause to be submitted, to the State Commission, | ||||||
24 | in triplicate,
a verified written list of the names and | ||||||
25 | respective addresses of each
previously reported delinquent | ||||||
26 | retail licensee who has cured such
delinquency by payment, |
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1 | which list shall be submitted not later than the
close of the | ||||||
2 | second full business day following the day such delinquency
was | ||||||
3 | so cured.
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4 | Such written verified reports required to be submitted by | ||||||
5 | this
Section shall be posted by the State Commission in each of | ||||||
6 | its offices
in places available for public inspection not later | ||||||
7 | than the day
following receipt thereof by the Commission. The | ||||||
8 | reports so posted shall
constitute notice to every | ||||||
9 | manufacturer, importing distributor and
distributor of the | ||||||
10 | information contained therein. Actual notice to
manufacturers, | ||||||
11 | importing distributors and distributors of the
information | ||||||
12 | contained in any such posted reports, however received,
shall | ||||||
13 | also constitute notice of such information.
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14 | The 30 day merchandising credit period allowed by this | ||||||
15 | Section shall
commence with the day immediately following the | ||||||
16 | date of invoice and
shall include all successive days including | ||||||
17 | Sundays and holidays to and
including the 30th successive day.
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18 | In addition to other methods allowed by law, payment by | ||||||
19 | check during
the period for which merchandising credit may be | ||||||
20 | extended under the
provisions of this Section shall be | ||||||
21 | considered payment. All checks
received in payment for | ||||||
22 | alcoholic liquor shall be promptly deposited for
collection. A | ||||||
23 | post dated check or a check dishonored on presentation for
| ||||||
24 | payment shall not be deemed payment.
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25 | A retail licensee shall not be deemed to be delinquent in | ||||||
26 | payment for
any alleged sale to him of alcoholic liquor when |
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1 | there exists a bona fide
dispute between such retailer and a | ||||||
2 | manufacturer, importing distributor
or distributor with | ||||||
3 | respect to the amount of indebtedness existing
because of such | ||||||
4 | alleged sale.
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5 | A delinquent retail licensee who engages in the retail | ||||||
6 | liquor
business at 2 or more locations shall be deemed to be | ||||||
7 | delinquent with
respect to each such location.
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8 | The license of any person who violates any provision of | ||||||
9 | this Section
shall be subject to suspension or revocation in | ||||||
10 | the manner provided by
this Act.
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11 | If any part or provision of this Article or the application | ||||||
12 | thereof
to any person or circumstances shall be adjudged | ||||||
13 | invalid by a court of
competent jurisdiction, such judgment | ||||||
14 | shall be confined by its operation
to the controversy in which | ||||||
15 | it was mentioned and shall not affect or
invalidate the | ||||||
16 | remainder of this Article or the application thereof to
any | ||||||
17 | other person or circumstance and to this and the provisions of | ||||||
18 | this
Article are declared severable.
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19 | (Source: P.A. 83-762.)
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20 | (235 ILCS 5/6-6) (from Ch. 43, par. 123)
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21 | Sec. 6-6.
Except as otherwise provided in this Act no | ||||||
22 | manufacturer or
distributor or importing distributor shall, | ||||||
23 | directly or indirectly,
sell, supply, furnish, give or pay for, | ||||||
24 | or loan or lease, any
furnishing, fixture or equipment on the | ||||||
25 | premises of a place of business
of another licensee authorized |
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1 | under this Act to sell alcoholic liquor
at retail, either for | ||||||
2 | consumption on or off the premises, nor shall he or she,
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3 | directly or indirectly, pay for any such license, or advance, | ||||||
4 | furnish,
lend or give money for payment of such license, or | ||||||
5 | purchase or become
the owner of any note, mortgage, or other | ||||||
6 | evidence of indebtedness of
such licensee or any form of | ||||||
7 | security therefor, nor shall such
manufacturer, or | ||||||
8 | distributor, or importing distributor, directly or
indirectly, | ||||||
9 | be interested in the ownership, conduct or operation of the
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10 | business of any licensee authorized to sell alcoholic liquor at | ||||||
11 | retail,
nor shall any manufacturer, or distributor, or | ||||||
12 | importing distributor be
interested directly or indirectly or | ||||||
13 | as owner or part owner of said
premises or as lessee or lessor | ||||||
14 | thereof, in any premises upon which
alcoholic liquor is sold at | ||||||
15 | retail.
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16 | No manufacturer or distributor or importing distributor | ||||||
17 | shall,
directly or indirectly or through a subsidiary or | ||||||
18 | affiliate, or by any
officer, director or firm of such | ||||||
19 | manufacturer, distributor or importing
distributor, furnish, | ||||||
20 | give, lend or rent, install, repair or maintain,
to or for any | ||||||
21 | retail licensee in this State, any
signs or inside advertising | ||||||
22 | materials except as provided in this Section and
Section 6-5. | ||||||
23 | With respect to
retail licensees, other than any government | ||||||
24 | owned or operated auditorium,
exhibition hall, recreation | ||||||
25 | facility or other similar facility holding a
retailer's license | ||||||
26 | as described in Section 6-5, a manufacturer,
distributor, or |
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1 | importing distributor may furnish, give, lend or rent and
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2 | erect, install, repair and maintain to or for any retail | ||||||
3 | licensee, for use
at any one time in or about or in connection | ||||||
4 | with a retail establishment on
which the products of the | ||||||
5 | manufacturer, distributor or importing
distributor are sold, | ||||||
6 | the following signs and inside advertising materials
as | ||||||
7 | authorized in subparts (i), (ii), (iii), and (iv):
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8 | (i) Permanent outside signs shall be limited to one | ||||||
9 | outside sign, per
brand, in place and in use at any one | ||||||
10 | time,
costing not more than $893, exclusive of erection,
| ||||||
11 | installation, repair and maintenance costs, and permit | ||||||
12 | fees and
shall bear only the manufacturer's name, brand | ||||||
13 | name, trade name, slogans,
markings, trademark, or other | ||||||
14 | symbols commonly associated with and generally
used in | ||||||
15 | identifying the product including, but not limited to, | ||||||
16 | "cold beer", "on
tap", "carry out", and "packaged liquor".
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17 | (ii) Temporary outside signs shall be
limited to one | ||||||
18 | temporary outside sign per brand. Examples of temporary | ||||||
19 | outside
signs are banners, flags, pennants,
streamers, and | ||||||
20 | other items of a temporary and non-permanent
nature. Each | ||||||
21 | temporary outside sign must include the manufacturer's | ||||||
22 | name,
brand name, trade name, slogans, markings,
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23 | trademark, or other symbol commonly associated with and | ||||||
24 | generally used in
identifying the product. Temporary | ||||||
25 | outside signs may also include,
for example, the product,
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26 | price, packaging, date or dates of a promotion and an |
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1 | announcement of a
retail licensee's specific sponsored | ||||||
2 | event, if the temporary outside sign is
intended to promote | ||||||
3 | a product, and provided that the announcement of the retail
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4 | licensee's event and the product promotion are held | ||||||
5 | simultaneously. However,
temporary outside signs may not | ||||||
6 | include names, slogans, markings, or logos that
relate to | ||||||
7 | the retailer. Nothing in this subpart (ii) shall prohibit a
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8 | distributor or importing distributor from bearing the cost | ||||||
9 | of creating or
printing a temporary outside sign for the | ||||||
10 | retail licensee's specific sponsored
event or from bearing | ||||||
11 | the cost of creating or printing a temporary sign for a
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12 | retail licensee containing, for example, community | ||||||
13 | goodwill expressions,
regional sporting event | ||||||
14 | announcements, or seasonal messages, provided that the
| ||||||
15 | primary purpose of the temporary outside sign is to | ||||||
16 | highlight, promote, or
advertise the product.
In addition, | ||||||
17 | temporary outside signs provided by the manufacturer to
the | ||||||
18 | distributor or importing distributor may also include, for | ||||||
19 | example, subject
to the limitations of this Section, | ||||||
20 | preprinted community goodwill expressions,
sporting event | ||||||
21 | announcements, seasonal messages, and manufacturer | ||||||
22 | promotional
announcements. However, a distributor or | ||||||
23 | importing distributor shall not bear
the cost of such | ||||||
24 | manufacturer preprinted signs.
| ||||||
25 | (iii) Permanent inside
signs, whether visible from the | ||||||
26 | outside or the inside of the premises,
include, but are not |
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1 | limited to: alcohol lists and menus that may include
names, | ||||||
2 | slogans, markings, or logos that relate to the retailer; | ||||||
3 | neons;
illuminated signs; clocks; table lamps; mirrors; | ||||||
4 | tap handles; decalcomanias;
window painting; and window | ||||||
5 | trim. All permanent inside signs in place
and in use at any | ||||||
6 | one time shall cost in the aggregate not more than $2000 | ||||||
7 | per
manufacturer. A permanent inside sign must include the
| ||||||
8 | manufacturer's name, brand name, trade name, slogans, | ||||||
9 | markings, trademark, or
other symbol commonly associated | ||||||
10 | with and generally used in identifying
the product. | ||||||
11 | However,
permanent inside signs may not include names, | ||||||
12 | slogans, markings, or logos
that relate to the retailer. | ||||||
13 | For the purpose of this subpart (iii), all
permanent inside | ||||||
14 | signs may be displayed in an adjacent courtyard or patio
| ||||||
15 | commonly referred to as a "beer garden" that is a part of | ||||||
16 | the retailer's
licensed premises.
| ||||||
17 | (iv) Temporary inside signs shall include, but are not | ||||||
18 | limited to, lighted
chalk boards, acrylic table tent | ||||||
19 | beverage or hors d'oeuvre list holders,
banners, flags, | ||||||
20 | pennants, streamers, and inside advertising materials such | ||||||
21 | as
posters, placards, bowling sheets, table tents, inserts | ||||||
22 | for acrylic table tent
beverage or hors d'oeuvre list | ||||||
23 | holders, sports schedules,
or similar printed or | ||||||
24 | illustrated materials; however, such items, for example,
| ||||||
25 | as coasters, trays, napkins, glassware and cups shall not | ||||||
26 | be deemed to be
inside signs or advertising materials and |
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1 | may only be sold to retailers. All
temporary inside signs | ||||||
2 | and inside advertising materials in place and in use at
any | ||||||
3 | one time shall cost in the aggregate not more than $325 per | ||||||
4 | manufacturer.
Nothing in this subpart (iv) prohibits a | ||||||
5 | distributor or importing distributor
from paying the cost | ||||||
6 | of
printing or creating any temporary inside banner or | ||||||
7 | inserts for acrylic table
tent beverage or hors d'oeuvre | ||||||
8 | list holders for a retail licensee, provided
that the | ||||||
9 | primary purpose for the banner or insert is to highlight, | ||||||
10 | promote, or
advertise the product. For the purpose of this | ||||||
11 | subpart (iv), all temporary
inside signs and inside | ||||||
12 | advertising materials may be displayed in an adjacent
| ||||||
13 | courtyard or patio commonly referred to as a "beer garden" | ||||||
14 | that is a part of
the retailer's licensed premises.
| ||||||
15 | A "cost adjustment factor" shall be used to periodically | ||||||
16 | update the
dollar limitations prescribed in subparts (i), | ||||||
17 | (iii), and (iv). The Commission
shall establish the adjusted | ||||||
18 | dollar limitation on an annual basis beginning in
January, | ||||||
19 | 1997. The term "cost adjustment factor"
means a percentage | ||||||
20 | equal to the change in the Bureau of Labor Statistics
Consumer | ||||||
21 | Price Index or 5%, whichever is greater.
The restrictions | ||||||
22 | contained in this Section 6-6 do not apply to signs, or
| ||||||
23 | promotional or advertising materials furnished by | ||||||
24 | manufacturers, distributors
or importing distributors to a | ||||||
25 | government owned or operated facility holding
a retailer's | ||||||
26 | license as described in Section 6-5.
|
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| |||||||
1 | No distributor or importing distributor shall directly or | ||||||
2 | indirectly
or through a subsidiary or affiliate, or by any | ||||||
3 | officer, director or
firm of such manufacturer, distributor or | ||||||
4 | importing distributor,
furnish, give, lend or rent, install, | ||||||
5 | repair or maintain, to or for any
retail licensee in this | ||||||
6 | State, any signs or
inside advertising materials described in | ||||||
7 | subparts (i), (ii), (iii), or (iv)
of this Section except as | ||||||
8 | the agent for or on behalf of a manufacturer,
provided that the | ||||||
9 | total cost of any signs and inside advertising materials
| ||||||
10 | including but not limited to labor, erection, installation and | ||||||
11 | permit fees
shall be paid by the manufacturer whose product or | ||||||
12 | products said signs
and inside advertising materials advertise | ||||||
13 | and except as follows:
| ||||||
14 | A distributor or importing distributor may purchase from or | ||||||
15 | enter into a
written agreement with a manufacturer or a | ||||||
16 | manufacturer's designated supplier
and such manufacturer or | ||||||
17 | the manufacturer's designated supplier may sell or
enter into | ||||||
18 | an agreement to sell to a distributor or importing distributor
| ||||||
19 | permitted signs and advertising materials described in | ||||||
20 | subparts (ii), (iii), or
(iv) of this Section for the purpose | ||||||
21 | of furnishing, giving, lending, renting,
installing, | ||||||
22 | repairing, or maintaining such signs or advertising materials | ||||||
23 | to or
for any retail licensee in this State. Any purchase by a | ||||||
24 | distributor or
importing distributor from a manufacturer or a | ||||||
25 | manufacturer's designated
supplier shall be voluntary and the | ||||||
26 | manufacturer may not require the
distributor or the importing |
| |||||||
| |||||||
1 | distributor to purchase signs or advertising
materials from the | ||||||
2 | manufacturer or the manufacturer's designated supplier.
| ||||||
3 | A distributor or importing distributor shall be deemed the | ||||||
4 | owner of such
signs or advertising materials purchased from a | ||||||
5 | manufacturer or
a manufacturer's designated supplier.
| ||||||
6 | The provisions of Public Act 90-373
concerning signs or | ||||||
7 | advertising materials delivered by a manufacturer to a
| ||||||
8 | distributor or importing distributor shall apply only to signs | ||||||
9 | or advertising
materials delivered on or after August 14, 1997.
| ||||||
10 | A manufacturer, distributor, or importing distributor may | ||||||
11 | furnish free social media advertising to a retail licensee if | ||||||
12 | the social media advertisement does not contain the retail | ||||||
13 | price of any alcoholic liquor and the social media | ||||||
14 | advertisement complies with any applicable guidance issued by | ||||||
15 | the Alcohol and Tobacco Tax and Trade Bureau of the United | ||||||
16 | States Department of the Treasury. Nothing in this Section | ||||||
17 | shall prohibit a retailer from communicating with a | ||||||
18 | manufacturer, distributor, or importing distributor on social | ||||||
19 | media or sharing media on the social media of a manufacturer, | ||||||
20 | distributor, or importing distributor. A retailer may request | ||||||
21 | free social media advertising from a manufacturer, | ||||||
22 | distributor, or importing distributor. For the purposes of this | ||||||
23 | Section, "social media" means a service, platform, or site | ||||||
24 | where users communicate with one another and share media, such | ||||||
25 | as pictures, videos, music, and blogs, with other users free of | ||||||
26 | charge. |
| |||||||
| |||||||
1 | No person engaged in the business of manufacturing, | ||||||
2 | importing or
distributing alcoholic liquors shall, directly or | ||||||
3 | indirectly, pay for,
or advance, furnish, or lend money for the | ||||||
4 | payment of any license for
another. Any licensee who shall | ||||||
5 | permit or assent, or be a party in any
way to any violation or | ||||||
6 | infringement of the provisions of this Section
shall be deemed | ||||||
7 | guilty of a violation of this Act, and any money loaned
| ||||||
8 | contrary to a provision of this Act shall not be recovered | ||||||
9 | back, or any
note, mortgage or other evidence of indebtedness, | ||||||
10 | or security, or any
lease or contract obtained or made contrary | ||||||
11 | to this Act shall be
unenforceable and void.
| ||||||
12 | This Section shall not apply to airplane licensees | ||||||
13 | exercising powers
provided in paragraph (i) of Section 5-1 of | ||||||
14 | this Act.
| ||||||
15 | (Source: P.A. 98-756, eff. 7-16-14.)
| ||||||
16 | (235 ILCS 5/6-11)
| ||||||
17 | Sec. 6-11. Sale near churches, schools, and hospitals.
| ||||||
18 | (a) No license shall be issued for the sale at retail of | ||||||
19 | any
alcoholic liquor within 100 feet of any church, school | ||||||
20 | other than an
institution of higher learning, hospital, home | ||||||
21 | for aged or indigent
persons or for veterans, their spouses or | ||||||
22 | children or any military or
naval station, provided, that this | ||||||
23 | prohibition shall not apply to hotels
offering restaurant | ||||||
24 | service, regularly organized clubs, or to
restaurants, food | ||||||
25 | shops or other places where sale of alcoholic liquors
is not |
| |||||||
| |||||||
1 | the principal business carried on if the place of business so
| ||||||
2 | exempted is not located in a municipality of more than 500,000 | ||||||
3 | persons,
unless required by local ordinance; nor to the renewal | ||||||
4 | of a license for the
sale at retail of alcoholic liquor on | ||||||
5 | premises within 100 feet of any church
or school where the | ||||||
6 | church or school has been established within such
100 feet | ||||||
7 | since the issuance of the original license. In the case of a
| ||||||
8 | church, the distance of 100 feet shall be measured to the | ||||||
9 | nearest part
of any building used for worship services or | ||||||
10 | educational programs and
not to property boundaries.
| ||||||
11 | (b) Nothing in this Section shall prohibit the issuance of | ||||||
12 | a retail
license
authorizing the sale of alcoholic liquor to a | ||||||
13 | restaurant, the primary business
of which is the sale of goods | ||||||
14 | baked on the premises if (i) the restaurant is
newly | ||||||
15 | constructed and located on a lot of not less than 10,000 square | ||||||
16 | feet,
(ii) the restaurant costs at least $1,000,000 to | ||||||
17 | construct, (iii) the licensee
is the titleholder to the | ||||||
18 | premises and resides on the premises, and (iv) the
construction | ||||||
19 | of the restaurant is completed within 18 months of the | ||||||
20 | effective
date of this amendatory Act of 1998.
| ||||||
21 | (c) Nothing in this Section shall prohibit the issuance of | ||||||
22 | a retail
license
authorizing the sale of alcoholic liquor | ||||||
23 | incidental to a restaurant if (1) the
primary
business of the | ||||||
24 | restaurant consists of the sale of food where the sale of
| ||||||
25 | liquor is incidental to the sale of food and the applicant is a | ||||||
26 | completely new
owner of the restaurant, (2) the immediately
|
| |||||||
| |||||||
1 | prior owner or operator of the premises where the restaurant is | ||||||
2 | located
operated the premises as a restaurant and held a valid | ||||||
3 | retail license
authorizing the
sale of alcoholic liquor at the | ||||||
4 | restaurant for at least part of the 24 months
before the
change | ||||||
5 | of ownership, and (3) the restaurant is located 75 or more feet | ||||||
6 | from a
school.
| ||||||
7 | (d) In the interest of further developing Illinois' economy | ||||||
8 | in the area
of
commerce, tourism, convention, and banquet | ||||||
9 | business, nothing in this
Section shall
prohibit issuance of a | ||||||
10 | retail license authorizing the sale of alcoholic
beverages to a | ||||||
11 | restaurant, banquet facility, grocery store, or hotel having
| ||||||
12 | not fewer than
150 guest room accommodations located in a | ||||||
13 | municipality of more than 500,000
persons, notwithstanding the | ||||||
14 | proximity of such hotel, restaurant,
banquet facility, or | ||||||
15 | grocery store to any church or school, if the licensed
premises
| ||||||
16 | described on the license are located within an enclosed mall or | ||||||
17 | building of a
height of at least 6 stories, or 60 feet in the | ||||||
18 | case of a building that has
been registered as a national | ||||||
19 | landmark, or in a grocery store having a
minimum of 56,010 | ||||||
20 | square feet of floor space in a single story building in an
| ||||||
21 | open mall of at least 3.96 acres that is adjacent to a public | ||||||
22 | school that
opened as a boys technical high school in 1934, or | ||||||
23 | in a grocery store having a minimum of 31,000 square feet of | ||||||
24 | floor space in a single story building located a distance of | ||||||
25 | more than 90 feet but less than 100 feet from a high school | ||||||
26 | that opened in 1928 as a junior high school and became a senior |
| |||||||
| |||||||
1 | high school in 1933, and in each of these
cases if the sale of
| ||||||
2 | alcoholic liquors is not the principal business carried on by | ||||||
3 | the licensee.
| ||||||
4 | For purposes of this Section, a "banquet facility" is any | ||||||
5 | part of a
building that caters to private parties and where the | ||||||
6 | sale of alcoholic liquors
is not the principal business.
| ||||||
7 | (e) Nothing in this Section shall prohibit the issuance of | ||||||
8 | a license to
a
church or private school to sell at retail | ||||||
9 | alcoholic liquor if any such
sales are limited to periods when | ||||||
10 | groups are assembled on the premises
solely for the promotion | ||||||
11 | of some common object other than the sale or
consumption of | ||||||
12 | alcoholic liquors.
| ||||||
13 | (f) Nothing in this Section shall prohibit a church or | ||||||
14 | church affiliated
school
located in a home rule municipality or | ||||||
15 | in a municipality with 75,000 or more
inhabitants from locating
| ||||||
16 | within 100 feet of a property for which there is a preexisting | ||||||
17 | license to sell
alcoholic liquor at retail. In these instances, | ||||||
18 | the local zoning authority
may, by ordinance adopted | ||||||
19 | simultaneously with the granting of an initial
special use | ||||||
20 | zoning permit for the church or church affiliated school, | ||||||
21 | provide
that the 100-foot restriction in this Section shall not | ||||||
22 | apply to that church or
church affiliated school and future | ||||||
23 | retail liquor licenses.
| ||||||
24 | (g) Nothing in this Section shall prohibit the issuance of | ||||||
25 | a retail
license authorizing the sale of alcoholic liquor at | ||||||
26 | premises within 100 feet,
but not less than 90 feet, of a |
| |||||||
| |||||||
1 | public school if (1) the premises have been
continuously | ||||||
2 | licensed to sell alcoholic liquor
for a period of at least 50 | ||||||
3 | years,
(2) the premises are located in a municipality having a | ||||||
4 | population of over
500,000 inhabitants, (3) the licensee is an | ||||||
5 | individual who is a member of a
family that has held the | ||||||
6 | previous 3 licenses for that location for more than 25
years, | ||||||
7 | (4) the
principal of the school and the alderman of the ward in | ||||||
8 | which the school is
located have delivered a written statement | ||||||
9 | to the local liquor control
commissioner stating that they do | ||||||
10 | not object to the issuance of a license
under this subsection | ||||||
11 | (g), and (5) the local liquor control commissioner has
received | ||||||
12 | the written consent of a majority of the registered voters who | ||||||
13 | live
within 200 feet of the premises.
| ||||||
14 | (h) Notwithstanding any provision of this Section to the | ||||||
15 | contrary, nothing in this Section shall prohibit the issuance | ||||||
16 | or renewal of a license authorizing the sale of alcoholic | ||||||
17 | liquor within premises and at an outdoor patio area attached to | ||||||
18 | premises that are located in a municipality with a population | ||||||
19 | in excess of 300,000 inhabitants and that are within 100 feet | ||||||
20 | of a church if:
| ||||||
21 | (1) the sale of alcoholic liquor at the premises is | ||||||
22 | incidental to the sale of food,
| ||||||
23 | (2) the sale of liquor is not the principal business | ||||||
24 | carried on by the licensee at the premises, | ||||||
25 | (3) the premises are less than 1,000 square feet, | ||||||
26 | (4) the premises are owned by the University of |
| |||||||
| |||||||
1 | Illinois, | ||||||
2 | (5) the premises are immediately adjacent to property | ||||||
3 | owned by a church and are not less than 20 nor more than 40 | ||||||
4 | feet from the church space used for worship services, and | ||||||
5 | (6) the principal religious leader at the place of | ||||||
6 | worship has indicated his or her support for the issuance | ||||||
7 | of the license in writing.
| ||||||
8 | (i) Notwithstanding any provision in this Section to the | ||||||
9 | contrary, nothing in this Section shall prohibit the issuance | ||||||
10 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
11 | that is located within a municipality with a population in | ||||||
12 | excess of 300,000 inhabitants and is within 100 feet of a | ||||||
13 | church, synagogue, or other place of worship if: | ||||||
14 | (1) the primary entrance of the premises and the | ||||||
15 | primary entrance of the church, synagogue, or other place | ||||||
16 | of worship are at least 100 feet apart, on parallel | ||||||
17 | streets, and separated by an alley; and | ||||||
18 | (2) the principal religious leader at the place of | ||||||
19 | worship has not indicated his or her opposition to the | ||||||
20 | issuance or renewal of the license in writing. | ||||||
21 | (j) Notwithstanding any provision in this Section to the | ||||||
22 | contrary, nothing in this Section shall prohibit the issuance | ||||||
23 | of a retail
license authorizing the sale of alcoholic liquor at | ||||||
24 | a theater that is within 100 feet of a church if (1) the church | ||||||
25 | owns the theater, (2) the church leases the theater to one or | ||||||
26 | more entities, and
(3) the theater is used by at least 5 |
| |||||||
| |||||||
1 | different not-for-profit theater groups. | ||||||
2 | (k) Notwithstanding any provision in this Section to the | ||||||
3 | contrary, nothing in this Section shall prohibit the issuance | ||||||
4 | or renewal of a license authorizing the sale of alcoholic | ||||||
5 | liquor at a premises that is located within a municipality with | ||||||
6 | a population in excess of 1,000,000 inhabitants and is within | ||||||
7 | 100 feet of a school if:
| ||||||
8 | (1) the primary entrance of the premises and the | ||||||
9 | primary entrance of the school are parallel, on different | ||||||
10 | streets, and separated by an alley; | ||||||
11 | (2) the southeast corner of the premises are at least | ||||||
12 | 350 feet from the southwest corner of the school; | ||||||
13 | (3) the school was built in 1978; | ||||||
14 | (4) the sale of alcoholic liquor at the premises is | ||||||
15 | incidental to the sale of food; | ||||||
16 | (5) the sale of alcoholic liquor is not the principal | ||||||
17 | business carried on by the licensee at the premises; | ||||||
18 | (6) the applicant is the owner of the restaurant and | ||||||
19 | has held a valid license authorizing the sale of alcoholic | ||||||
20 | liquor for the business to be conducted on the premises at | ||||||
21 | a different location for more than 7 years; and | ||||||
22 | (7) the premises is at least 2,300 square feet and sits | ||||||
23 | on a lot that is between 6,100 and 6,150 square feet. | ||||||
24 | (l) Notwithstanding any provision in this Section to the | ||||||
25 | contrary, nothing in this Section shall prohibit the issuance | ||||||
26 | or renewal of a license authorizing the sale of alcoholic |
| |||||||
| |||||||
1 | liquor at a premises that is located within a municipality with | ||||||
2 | a population in excess of 1,000,000 inhabitants and is within | ||||||
3 | 100 feet of a church or school if: | ||||||
4 | (1) the primary entrance of the premises and the | ||||||
5 | closest entrance of the church or school is at least 90 | ||||||
6 | feet apart and no greater than 95 feet apart; | ||||||
7 | (2) the shortest distance between the premises and the | ||||||
8 | church or school is at least 80 feet apart and no greater | ||||||
9 | than 85 feet apart; | ||||||
10 | (3) the applicant is the owner of the restaurant and on | ||||||
11 | November 15, 2006 held a valid license authorizing the sale | ||||||
12 | of alcoholic liquor for the business to be conducted on the | ||||||
13 | premises for at least 14 different locations; | ||||||
14 | (4) the sale of alcoholic liquor at the premises is | ||||||
15 | incidental to the sale of food; | ||||||
16 | (5) the sale of alcoholic liquor is not the principal | ||||||
17 | business carried on by the licensee at the premises; | ||||||
18 | (6) the premises is at least 3,200 square feet and sits | ||||||
19 | on a lot that is between 7,150 and 7,200 square feet; and | ||||||
20 | (7) the principal religious leader at the place of | ||||||
21 | worship has not indicated his or her opposition to the | ||||||
22 | issuance or renewal of the license in writing.
| ||||||
23 | (m) Notwithstanding any provision in this Section to the | ||||||
24 | contrary, nothing in this Section shall prohibit the issuance | ||||||
25 | or renewal of a license authorizing the sale of alcoholic | ||||||
26 | liquor at a premises that is located within a municipality with |
| |||||||
| |||||||
1 | a population in excess of 1,000,000 inhabitants and is within | ||||||
2 | 100 feet of a church if: | ||||||
3 | (1) the premises and the church are perpendicular, and | ||||||
4 | the primary entrance of the premises faces South while the | ||||||
5 | primary entrance of the church faces West and the distance | ||||||
6 | between the two entrances is more than 100 feet; | ||||||
7 | (2) the shortest distance between the premises lot line | ||||||
8 | and the exterior wall of the church is at least 80 feet; | ||||||
9 | (3) the church was established at the current location | ||||||
10 | in 1916 and the present structure was erected in 1925; | ||||||
11 | (4) the premises is a single story, single use building | ||||||
12 | with at least 1,750 square feet and no more than 2,000 | ||||||
13 | square feet; | ||||||
14 | (5) the sale of alcoholic liquor at the premises is | ||||||
15 | incidental to the sale of food; | ||||||
16 | (6) the sale of alcoholic liquor is not the principal | ||||||
17 | business carried on by the licensee at the premises; and | ||||||
18 | (7) the principal religious leader at the place of | ||||||
19 | worship has not indicated his or her opposition to the | ||||||
20 | issuance or renewal of the license in writing. | ||||||
21 | (n) Notwithstanding any provision in this Section to the | ||||||
22 | contrary, nothing in this Section shall prohibit the issuance | ||||||
23 | or renewal of a license authorizing the sale of alcoholic | ||||||
24 | liquor at a premises that is located within a municipality with | ||||||
25 | a population in excess of 1,000,000 inhabitants and is within | ||||||
26 | 100 feet of a school if: |
| |||||||
| |||||||
1 | (1) the school is a City of Chicago School District 299 | ||||||
2 | school; | ||||||
3 | (2) the school is located within subarea E of City of | ||||||
4 | Chicago Residential Business Planned Development Number | ||||||
5 | 70; | ||||||
6 | (3) the sale of alcoholic liquor is not the principal | ||||||
7 | business carried on by the licensee on the premises; | ||||||
8 | (4) the sale of alcoholic liquor at the premises is | ||||||
9 | incidental to the sale of food; and | ||||||
10 | (5) the administration of City of Chicago School | ||||||
11 | District 299 has expressed, in writing, its support for the | ||||||
12 | issuance of the license. | ||||||
13 | (o) Notwithstanding any provision of this Section to the | ||||||
14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
15 | or renewal of a retail license authorizing the sale of | ||||||
16 | alcoholic liquor at a premises that is located within a | ||||||
17 | municipality in excess of 1,000,000 inhabitants and within 100 | ||||||
18 | feet of a church if: | ||||||
19 | (1) the sale of alcoholic liquor at the premises is | ||||||
20 | incidental to the sale of food; | ||||||
21 | (2) the sale of alcoholic liquor is not the principal | ||||||
22 | business carried on by the licensee at the premises; | ||||||
23 | (3) the premises is located on a street that runs | ||||||
24 | perpendicular to the street on which the church is located; | ||||||
25 | (4) the primary entrance of the premises is at least | ||||||
26 | 100 feet from the primary entrance of the church; |
| |||||||
| |||||||
1 | (5) the shortest distance between any part of the | ||||||
2 | premises and any part of the church is at least 60 feet; | ||||||
3 | (6) the premises is between 3,600 and 4,000 square feet | ||||||
4 | and sits on a lot that is between 3,600 and 4,000 square | ||||||
5 | feet; and | ||||||
6 | (7) the premises was built in the year 1909. | ||||||
7 | For purposes of this subsection (o), "premises" means a | ||||||
8 | place of business together with a privately owned outdoor | ||||||
9 | location that is adjacent to the place of business. | ||||||
10 | (p) Notwithstanding any provision in this Section to the | ||||||
11 | contrary, nothing in this Section shall prohibit the issuance | ||||||
12 | or renewal of a license authorizing the sale of alcoholic | ||||||
13 | liquor at a premises that is located within a municipality with | ||||||
14 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
15 | feet of a church if: | ||||||
16 | (1) the shortest distance between the backdoor of the | ||||||
17 | premises, which is used as an emergency exit, and the | ||||||
18 | church is at least 80 feet; | ||||||
19 | (2) the church was established at the current location | ||||||
20 | in 1889; and | ||||||
21 | (3) liquor has been sold on the premises since at least | ||||||
22 | 1985. | ||||||
23 | (q) Notwithstanding any provision of this Section to the | ||||||
24 | contrary, nothing in this Section shall prohibit the issuance | ||||||
25 | or renewal of a license authorizing the sale of alcoholic | ||||||
26 | liquor within a premises that is located in a municipality with |
| |||||||
| |||||||
1 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
2 | feet of a church-owned property if: | ||||||
3 | (1) the premises is located within a larger building | ||||||
4 | operated as a grocery store; | ||||||
5 | (2) the area of the premises does not exceed 720 square | ||||||
6 | feet and the area of the larger building exceeds 18,000 | ||||||
7 | square feet; | ||||||
8 | (3) the larger building containing the premises is | ||||||
9 | within 100 feet of the nearest property line of a | ||||||
10 | church-owned property on which a church-affiliated school | ||||||
11 | is located; | ||||||
12 | (4) the sale of liquor is not the principal business | ||||||
13 | carried on within the larger building; | ||||||
14 | (5) the primary entrance of the larger building and the | ||||||
15 | premises and the primary entrance of the church-affiliated | ||||||
16 | school are on different, parallel streets, and the distance | ||||||
17 | between the 2 primary entrances is more than 100 feet; | ||||||
18 | (6) the larger building is separated from the | ||||||
19 | church-owned property and church-affiliated school by an | ||||||
20 | alley; | ||||||
21 | (7) the larger building containing the premises and the | ||||||
22 | church building front are on perpendicular streets and are | ||||||
23 | separated by a street; and | ||||||
24 | (8) (Blank). | ||||||
25 | (r) Notwithstanding any provision of this Section to the | ||||||
26 | contrary, nothing in this Section shall prohibit the issuance, |
| |||||||
| |||||||
1 | renewal, or maintenance of a license authorizing the sale of | ||||||
2 | alcoholic liquor incidental to the sale of food within a | ||||||
3 | restaurant established in a premises that is located in a | ||||||
4 | municipality with a population in excess of 1,000,000 | ||||||
5 | inhabitants and within 100 feet of a church if: | ||||||
6 | (1) the primary entrance of the church and the primary | ||||||
7 | entrance of the restaurant are at least 100 feet apart; | ||||||
8 | (2) the restaurant has operated on the ground floor and | ||||||
9 | lower level of a multi-story, multi-use building for more | ||||||
10 | than 40 years; | ||||||
11 | (3) the primary business of the restaurant consists of | ||||||
12 | the sale of food where the sale of liquor is incidental to | ||||||
13 | the sale of food; | ||||||
14 | (4) the sale of alcoholic liquor is conducted primarily | ||||||
15 | in the below-grade level of the restaurant to which the | ||||||
16 | only public access is by a staircase located inside the | ||||||
17 | restaurant; and | ||||||
18 | (5) the restaurant has held a license authorizing the | ||||||
19 | sale of alcoholic liquor on the premises for more than 40 | ||||||
20 | years. | ||||||
21 | (s) Notwithstanding any provision of this Section to the | ||||||
22 | contrary, nothing in this Section shall prohibit renewal of a | ||||||
23 | license authorizing the sale of alcoholic liquor at a premises | ||||||
24 | that is located within a municipality with a population more | ||||||
25 | than 5,000 and less than 10,000 and is within 100 feet of a | ||||||
26 | church if: |
| |||||||
| |||||||
1 | (1) the church was established at the location within | ||||||
2 | 100 feet of the premises after a license for the sale of | ||||||
3 | alcoholic liquor at the premises was first issued; | ||||||
4 | (2) a license for sale of alcoholic liquor at the | ||||||
5 | premises was first issued before January 1, 2007; and | ||||||
6 | (3) a license for the sale of alcoholic liquor on the | ||||||
7 | premises has been continuously in effect since January 1, | ||||||
8 | 2007, except for interruptions between licenses of no more | ||||||
9 | than 90 days. | ||||||
10 | (t) Notwithstanding any provision of this Section to the | ||||||
11 | contrary, nothing in this Section shall prohibit the issuance | ||||||
12 | or renewal of a
license authorizing the sale of alcoholic | ||||||
13 | liquor
incidental to the sale of food within a restaurant that | ||||||
14 | is established in a premises that is located in a municipality | ||||||
15 | with a population in excess of 1,000,000 inhabitants and within | ||||||
16 | 100 feet of a school and a church if: | ||||||
17 | (1) the restaurant is located inside a five-story | ||||||
18 | building with over 16,800 square feet of commercial space; | ||||||
19 | (2) the area of the premises does not exceed 31,050 | ||||||
20 | square feet; | ||||||
21 | (3) the area of the restaurant does not exceed 5,800 | ||||||
22 | square feet; | ||||||
23 | (4) the building has no less than 78 condominium units; | ||||||
24 | (5) the construction of the building in which the | ||||||
25 | restaurant is located was completed in 2006; | ||||||
26 | (6) the building has 10 storefront properties, 3 of |
| |||||||
| |||||||
1 | which are used for the restaurant; | ||||||
2 | (7) the restaurant will open for business in 2010; | ||||||
3 | (8) the building is north of the school and separated | ||||||
4 | by an alley; and | ||||||
5 | (9) the principal religious leader of the church and | ||||||
6 | either the alderman of the ward in which the school is | ||||||
7 | located or the principal of the school have delivered a | ||||||
8 | written statement to the local liquor control commissioner | ||||||
9 | stating that he or she does not object to the issuance of a | ||||||
10 | license under this subsection (t). | ||||||
11 | (u) Notwithstanding any provision in this Section to the | ||||||
12 | contrary, nothing in this Section shall prohibit the issuance | ||||||
13 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
14 | that is located within a municipality with a population in | ||||||
15 | excess of 1,000,000 inhabitants and within 100 feet of a school | ||||||
16 | if: | ||||||
17 | (1) the premises operates as a restaurant and has been | ||||||
18 | in operation since February 2008; | ||||||
19 | (2) the applicant is the owner of the premises; | ||||||
20 | (3) the sale of alcoholic liquor is incidental to the | ||||||
21 | sale of food; | ||||||
22 | (4) the sale of alcoholic liquor is not the principal | ||||||
23 | business carried on by the licensee on the premises; | ||||||
24 | (5) the premises occupy the first floor of a 3-story | ||||||
25 | building that is at least 90 years old; | ||||||
26 | (6) the rear lot of the school and the rear corner of |
| |||||||
| |||||||
1 | the building that the premises occupy are separated by an | ||||||
2 | alley; | ||||||
3 | (7) the distance from the southwest corner of the | ||||||
4 | property line of the school and the northeast corner of the | ||||||
5 | building that the premises occupy is at least 16 feet, 5 | ||||||
6 | inches; | ||||||
7 | (8) the distance from the rear door of the premises to | ||||||
8 | the southwest corner of the property line of the school is | ||||||
9 | at least 93 feet; | ||||||
10 | (9) the school is a City of Chicago School District 299 | ||||||
11 | school; | ||||||
12 | (10) the school's main structure was erected in 1902 | ||||||
13 | and an addition was built to the main structure in 1959; | ||||||
14 | and | ||||||
15 | (11) the principal of the school and the alderman in | ||||||
16 | whose district the premises are located have expressed, in | ||||||
17 | writing, their support for the issuance of the license. | ||||||
18 | (v) Notwithstanding any provision in this Section to the | ||||||
19 | contrary, nothing in this Section shall prohibit the issuance | ||||||
20 | or renewal of a license authorizing the sale of alcoholic | ||||||
21 | liquor at a premises that is located within a municipality with | ||||||
22 | a population in excess of 1,000,000 inhabitants and is within | ||||||
23 | 100 feet of a school if: | ||||||
24 | (1) the total land area of the premises for which the | ||||||
25 | license or renewal is sought is more than 600,000 square | ||||||
26 | feet; |
| |||||||
| |||||||
1 | (2) the premises for which the license or renewal is | ||||||
2 | sought has more than 600 parking stalls; | ||||||
3 | (3) the total area of all buildings on the premises for | ||||||
4 | which the license or renewal is sought exceeds 140,000 | ||||||
5 | square feet; | ||||||
6 | (4) the property line of the premises for which the | ||||||
7 | license or renewal is sought is separated from the property | ||||||
8 | line of the school by a street; | ||||||
9 | (5) the distance from the school's property line to the | ||||||
10 | property line of the premises for which the license or | ||||||
11 | renewal is sought is at least 60 feet; | ||||||
12 | (6) as of the effective date of this amendatory Act of | ||||||
13 | the 97th General Assembly, the premises for which the | ||||||
14 | license or renewal is sought is located in the Illinois | ||||||
15 | Medical District. | ||||||
16 | (w) Notwithstanding any provision in this Section to the | ||||||
17 | contrary, nothing in this Section shall prohibit the issuance | ||||||
18 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
19 | that is located within a municipality with a population in | ||||||
20 | excess of 1,000,000 inhabitants and within 100 feet of a church | ||||||
21 | if: | ||||||
22 | (1) the sale of alcoholic liquor at the premises is | ||||||
23 | incidental to the sale of food; | ||||||
24 | (2) the sale of alcoholic liquor is not the principal
| ||||||
25 | business carried on by the licensee at the premises; | ||||||
26 | (3) the premises occupy the first floor and basement of |
| |||||||
| |||||||
1 | a 2-story building that is 106 years old; | ||||||
2 | (4) the premises is at least 7,000 square feet and | ||||||
3 | located on a lot that is at least 11,000 square feet; | ||||||
4 | (5) the premises is located directly west of the | ||||||
5 | church, on perpendicular streets, and separated by an | ||||||
6 | alley; | ||||||
7 | (6) the distance between the
property line of the | ||||||
8 | premises and the property line of the church is at least 20 | ||||||
9 | feet; | ||||||
10 | (7) the distance between the primary entrance of the | ||||||
11 | premises and the primary entrance of the church is at least | ||||||
12 | 130 feet; and | ||||||
13 | (8) the church has been at its location for at least 40 | ||||||
14 | years. | ||||||
15 | (x) Notwithstanding any provision of this Section to the | ||||||
16 | contrary, nothing in this Section shall prohibit the issuance | ||||||
17 | or renewal of a license authorizing the sale of alcoholic | ||||||
18 | liquor at a premises that is located within a municipality with | ||||||
19 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
20 | feet of a church if: | ||||||
21 | (1) the sale of alcoholic liquor is not the principal | ||||||
22 | business carried on by the licensee at the premises; | ||||||
23 | (2) the church has been operating in its current | ||||||
24 | location since 1973; | ||||||
25 | (3) the premises has been operating in its current | ||||||
26 | location since 1988; |
| |||||||
| |||||||
1 | (4) the church and the premises are owned by the same | ||||||
2 | parish; | ||||||
3 | (5) the premises is used for cultural and educational | ||||||
4 | purposes; | ||||||
5 | (6) the primary entrance to the premises and the | ||||||
6 | primary entrance to the church are located on the same | ||||||
7 | street; | ||||||
8 | (7) the principal religious leader of the church has | ||||||
9 | indicated his support of the issuance of the license; | ||||||
10 | (8) the premises is a 2-story building of approximately | ||||||
11 | 23,000 square feet; and | ||||||
12 | (9) the premises houses a ballroom on its ground floor | ||||||
13 | of approximately 5,000 square feet. | ||||||
14 | (y) Notwithstanding any provision of this Section to the | ||||||
15 | contrary, nothing in this Section shall prohibit the issuance | ||||||
16 | or renewal of a license authorizing the sale of alcoholic | ||||||
17 | liquor at a premises that is located within a municipality with | ||||||
18 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
19 | feet of a school if: | ||||||
20 | (1) the sale of alcoholic liquor is not the principal | ||||||
21 | business carried on by the licensee at the premises; | ||||||
22 | (2) the sale of alcoholic liquor at the premises is | ||||||
23 | incidental to the sale of food; | ||||||
24 | (3) according to the municipality, the distance | ||||||
25 | between the east property line of the premises and the west | ||||||
26 | property line of the school is 97.8 feet; |
| |||||||
| |||||||
1 | (4) the school is a City of Chicago School District 299 | ||||||
2 | school; | ||||||
3 | (5) the school has been operating since 1959; | ||||||
4 | (6) the primary entrance to the premises and the | ||||||
5 | primary entrance to the school are located on the same | ||||||
6 | street; | ||||||
7 | (7) the street on which the entrances of the premises | ||||||
8 | and the school are located is a major diagonal | ||||||
9 | thoroughfare; | ||||||
10 | (8) the premises is a single-story building of | ||||||
11 | approximately 2,900 square feet; and | ||||||
12 | (9) the premises is used for commercial purposes only. | ||||||
13 | (z) Notwithstanding any provision of this Section to the | ||||||
14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
15 | or renewal of a license authorizing the sale of alcoholic | ||||||
16 | liquor at a premises that is located within a municipality with | ||||||
17 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
18 | feet of a mosque if: | ||||||
19 | (1) the sale of alcoholic liquor is not the principal | ||||||
20 | business carried on by the licensee at the premises; | ||||||
21 | (2) the licensee shall only sell packaged liquors at | ||||||
22 | the premises; | ||||||
23 | (3) the licensee is a national retail chain having over | ||||||
24 | 100 locations within the municipality; | ||||||
25 | (4) the licensee has over 8,000 locations nationwide; | ||||||
26 | (5) the licensee has locations in all 50 states; |
| |||||||
| |||||||
1 | (6) the premises is located in the North-East quadrant | ||||||
2 | of the municipality; | ||||||
3 | (7) the premises is a free-standing building that has | ||||||
4 | "drive-through" pharmacy service; | ||||||
5 | (8) the premises has approximately 14,490 square feet | ||||||
6 | of retail space; | ||||||
7 | (9) the premises has approximately 799 square feet of | ||||||
8 | pharmacy space; | ||||||
9 | (10) the premises is located on a major arterial street | ||||||
10 | that runs east-west and accepts truck traffic; and | ||||||
11 | (11) the alderman of the ward in which the premises is | ||||||
12 | located has expressed, in writing, his or her support for | ||||||
13 | the issuance of the license. | ||||||
14 | (aa) Notwithstanding any provision of this Section to the | ||||||
15 | contrary, nothing in this Section shall prohibit the issuance | ||||||
16 | or renewal of a license authorizing the sale of alcoholic | ||||||
17 | liquor at a premises that is located within a municipality with | ||||||
18 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
19 | feet of a church if: | ||||||
20 | (1) the sale of alcoholic liquor is not the principal | ||||||
21 | business carried on by the licensee at the premises; | ||||||
22 | (2) the licensee shall only sell packaged liquors at | ||||||
23 | the premises; | ||||||
24 | (3) the licensee is a national retail chain having over | ||||||
25 | 100 locations within the municipality; | ||||||
26 | (4) the licensee has over 8,000 locations nationwide; |
| |||||||
| |||||||
1 | (5) the licensee has locations in all 50 states; | ||||||
2 | (6) the premises is located in the North-East quadrant | ||||||
3 | of the municipality; | ||||||
4 | (7) the premises is located across the street from a | ||||||
5 | national grocery chain outlet; | ||||||
6 | (8) the premises has approximately 16,148 square feet | ||||||
7 | of retail space; | ||||||
8 | (9) the premises has approximately 992 square feet of | ||||||
9 | pharmacy space; | ||||||
10 | (10) the premises is located on a major arterial street | ||||||
11 | that runs north-south and accepts truck traffic; and | ||||||
12 | (11) the alderman of the ward in which the premises is | ||||||
13 | located has expressed, in writing, his or her support for | ||||||
14 | the issuance of the license. | ||||||
15 | (bb) Notwithstanding any provision of this Section to the | ||||||
16 | contrary, nothing in this Section shall prohibit the issuance | ||||||
17 | or renewal of a license authorizing the sale of alcoholic | ||||||
18 | liquor at a premises that is located within a municipality with | ||||||
19 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
20 | feet of a church if: | ||||||
21 | (1) the sale of alcoholic liquor is not the principal | ||||||
22 | business carried on by the licensee at the premises; | ||||||
23 | (2) the sale of alcoholic liquor at the premises is | ||||||
24 | incidental to the sale of food; | ||||||
25 | (3) the primary entrance to the premises and the | ||||||
26 | primary entrance to the church are located on the same |
| |||||||
| |||||||
1 | street; | ||||||
2 | (4) the premises is across the street from the church; | ||||||
3 | (5) the street on which the premises and the church are | ||||||
4 | located is a major arterial street that runs east-west; | ||||||
5 | (6) the church is an elder-led and Bible-based Assyrian | ||||||
6 | church; | ||||||
7 | (7) the premises and the church are both single-story | ||||||
8 | buildings; | ||||||
9 | (8) the storefront directly west of the church is being | ||||||
10 | used as a restaurant; and | ||||||
11 | (9) the distance between the northern-most property | ||||||
12 | line of the premises and the southern-most property line of | ||||||
13 | the church is 65 feet. | ||||||
14 | (cc) Notwithstanding any provision of this Section to the | ||||||
15 | contrary, nothing in this Section shall prohibit the issuance | ||||||
16 | or renewal of a license authorizing the sale of alcoholic | ||||||
17 | liquor at a premises that is located within a municipality with | ||||||
18 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
19 | feet of a school if: | ||||||
20 | (1) the sale of alcoholic liquor is not the principal | ||||||
21 | business carried on by the licensee at the premises; | ||||||
22 | (2) the licensee shall only sell packaged liquors at | ||||||
23 | the premises; | ||||||
24 | (3) the licensee is a national retail chain; | ||||||
25 | (4) as of October 25, 2011, the licensee has 1,767 | ||||||
26 | stores operating nationwide, 87 stores operating in the |
| |||||||
| |||||||
1 | State, and 10 stores operating within the municipality; | ||||||
2 | (5) the licensee shall occupy approximately 124,000 | ||||||
3 | square feet of space in the basement and first and second | ||||||
4 | floors of a building located across the street from a | ||||||
5 | school; | ||||||
6 | (6) the school opened in August of 2009 and occupies | ||||||
7 | approximately 67,000 square feet of space; and | ||||||
8 | (7) the building in which the premises shall be located | ||||||
9 | has been listed on the National Register of Historic Places | ||||||
10 | since April 17, 1970. | ||||||
11 | (dd) Notwithstanding any provision in this Section to the | ||||||
12 | contrary, nothing in this Section shall prohibit the issuance | ||||||
13 | or renewal of a license authorizing the sale of alcoholic | ||||||
14 | liquor within a full-service grocery store at a premises that | ||||||
15 | is located within a municipality with a population in excess of | ||||||
16 | 1,000,000 inhabitants and is within 100 feet of a school if: | ||||||
17 | (1) the premises is constructed on land that was | ||||||
18 | purchased from the municipality at a fair market price; | ||||||
19 | (2) the premises is constructed on land that was | ||||||
20 | previously used as a parking facility for public safety | ||||||
21 | employees; | ||||||
22 | (3) the sale of alcoholic liquor is not the principal | ||||||
23 | business carried on by the licensee at the premises; | ||||||
24 | (4) the main entrance to the store is more than 100 | ||||||
25 | feet from the main entrance to the school; | ||||||
26 | (5) the premises is to be new construction; |
| |||||||
| |||||||
1 | (6) the school is a private school; | ||||||
2 | (7) the principal of the school has given written | ||||||
3 | approval for the license; | ||||||
4 | (8) the alderman of the ward where the premises is | ||||||
5 | located has given written approval of the issuance of the | ||||||
6 | license; | ||||||
7 | (9) the grocery store level of the premises is between | ||||||
8 | 60,000 and 70,000 square feet; and | ||||||
9 | (10) the owner and operator of the grocery store | ||||||
10 | operates 2 other grocery stores that have alcoholic liquor | ||||||
11 | licenses within the same municipality. | ||||||
12 | (ee) Notwithstanding any provision in this Section to the | ||||||
13 | contrary, nothing in this Section shall prohibit the issuance | ||||||
14 | or renewal of a license authorizing the sale of alcoholic | ||||||
15 | liquor within a full-service grocery store at a premises that | ||||||
16 | is located within a municipality with a population in excess of | ||||||
17 | 1,000,000 inhabitants and is within 100 feet of a school if: | ||||||
18 | (1) the premises is constructed on land that once | ||||||
19 | contained an industrial steel facility; | ||||||
20 | (2) the premises is located on land that has undergone | ||||||
21 | environmental remediation; | ||||||
22 | (3) the premises is located within a retail complex | ||||||
23 | containing retail stores where some of the stores sell | ||||||
24 | alcoholic beverages; | ||||||
25 | (4) the principal activity of any restaurant in the | ||||||
26 | retail complex is the sale of food, and the sale of |
| |||||||
| |||||||
1 | alcoholic liquor is incidental to the sale of food; | ||||||
2 | (5) the sale of alcoholic liquor is not the principal | ||||||
3 | business carried on by the grocery store; | ||||||
4 | (6) the entrance to any business that sells alcoholic | ||||||
5 | liquor is more than 100 feet from the entrance to the | ||||||
6 | school; | ||||||
7 | (7) the alderman of the ward where the premises is | ||||||
8 | located has given written approval of the issuance of the | ||||||
9 | license; and | ||||||
10 | (8) the principal of the school has given written | ||||||
11 | consent to the issuance of the license. | ||||||
12 | (ff) Notwithstanding any provision of this Section to the | ||||||
13 | contrary, nothing in this Section shall prohibit the issuance | ||||||
14 | or renewal of a license authorizing the sale of alcoholic | ||||||
15 | liquor at a premises that is located within a municipality with | ||||||
16 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
17 | feet of a school if: | ||||||
18 | (1) the sale of alcoholic liquor is not the principal | ||||||
19 | business carried on at the premises; | ||||||
20 | (2) the sale of alcoholic liquor at the premises is | ||||||
21 | incidental to the operation of a theater; | ||||||
22 | (3) the premises is a one and one-half-story building | ||||||
23 | of approximately 10,000 square feet; | ||||||
24 | (4) the school is a City of Chicago School District 299 | ||||||
25 | school; | ||||||
26 | (5) the primary entrance of the premises and the |
| |||||||
| |||||||
1 | primary entrance of the school are at least 300 feet apart | ||||||
2 | and no more than 400 feet apart; | ||||||
3 | (6) the alderman of the ward in which the premises is | ||||||
4 | located has expressed, in writing, his support for the | ||||||
5 | issuance of the license; and | ||||||
6 | (7) the principal of the school has expressed, in | ||||||
7 | writing, that there is no objection to the issuance of a | ||||||
8 | license under this subsection (ff). | ||||||
9 | (gg) Notwithstanding any provision of this Section to the | ||||||
10 | contrary, nothing in this Section shall prohibit the issuance | ||||||
11 | or renewal of a license authorizing the sale of alcoholic | ||||||
12 | liquor incidental to the sale of food within a restaurant or | ||||||
13 | banquet facility established in a premises that is located in a | ||||||
14 | municipality with a population in excess of 1,000,000 | ||||||
15 | inhabitants and within 100 feet of a church if: | ||||||
16 | (1) the sale of alcoholic liquor is not the principal | ||||||
17 | business carried on by the licensee at the premises; | ||||||
18 | (2) the property on which the church is located and the | ||||||
19 | property on which the premises are located are both within | ||||||
20 | a district originally listed on the National Register of | ||||||
21 | Historic Places on February 14, 1979; | ||||||
22 | (3) the property on which the premises are located | ||||||
23 | contains one or more multi-story buildings that are at | ||||||
24 | least 95 years old and have no more than three stories; | ||||||
25 | (4) the building in which the church is located is at | ||||||
26 | least 120 years old; |
| |||||||
| |||||||
1 | (5) the property on which the church is located is | ||||||
2 | immediately adjacent to and west of the property on which | ||||||
3 | the premises are located; | ||||||
4 | (6) the western boundary of the property on which the | ||||||
5 | premises are located is no less than 118 feet in length and | ||||||
6 | no more than 122 feet in length; | ||||||
7 | (7) as of December 31, 2012, both the church property | ||||||
8 | and the property on which the premises are located are | ||||||
9 | within 250 feet of City of Chicago Business-Residential | ||||||
10 | Planned Development Number 38; | ||||||
11 | (8) the principal religious leader at the place of | ||||||
12 | worship has indicated his or her support for the issuance | ||||||
13 | of the license in writing; and | ||||||
14 | (9) the alderman in whose district the premises are | ||||||
15 | located has expressed his or her support for the issuance | ||||||
16 | of the license in writing. | ||||||
17 | For the purposes of this subsection, "banquet facility" | ||||||
18 | means the part of the building that is located on the floor | ||||||
19 | above a restaurant and caters to private parties and where the | ||||||
20 | sale of alcoholic liquors is not the principal business. | ||||||
21 | (hh) Notwithstanding any provision of this Section to the | ||||||
22 | contrary, nothing in this Section shall prohibit the issuance | ||||||
23 | or renewal of a license authorizing the sale of alcoholic | ||||||
24 | liquor within a hotel and at an outdoor patio area attached to | ||||||
25 | the hotel that are located in a municipality with a population | ||||||
26 | in excess of 1,000,000 inhabitants and that are within 100 feet |
| |||||||
| |||||||
1 | of a hospital if: | ||||||
2 | (1) the sale of alcoholic liquor is not the principal | ||||||
3 | business carried on by the licensee at the hotel; | ||||||
4 | (2) the hotel is located within the City of Chicago | ||||||
5 | Business Planned Development Number 468; and | ||||||
6 | (3) the hospital is located within the City of Chicago | ||||||
7 | Institutional Planned Development Number 3. | ||||||
8 | (ii) Notwithstanding any provision of this Section to the | ||||||
9 | contrary, nothing in this Section shall prohibit the issuance | ||||||
10 | or renewal of a license authorizing the sale of alcoholic | ||||||
11 | liquor within a restaurant and at an outdoor patio area | ||||||
12 | attached to the restaurant that are located in a municipality | ||||||
13 | with a population in excess of 1,000,000 inhabitants and that | ||||||
14 | are within 100 feet of a church if: | ||||||
15 | (1) the sale of alcoholic liquor at the premises is not | ||||||
16 | the principal business carried on by the licensee and is | ||||||
17 | incidental to the sale of food; | ||||||
18 | (2) the restaurant has been operated on the street | ||||||
19 | level of a 2-story building located on a corner lot since | ||||||
20 | 2008; | ||||||
21 | (3) the restaurant is between 3,700 and 4,000 square | ||||||
22 | feet and sits on a lot that is no more than 6,200 square | ||||||
23 | feet; | ||||||
24 | (4) the primary entrance to the restaurant and the | ||||||
25 | primary entrance to the church are located on the same | ||||||
26 | street; |
| |||||||
| |||||||
1 | (5) the street on which the restaurant and the church | ||||||
2 | are located is a major east-west street; | ||||||
3 | (6) the restaurant and the church are separated by a | ||||||
4 | one-way northbound street; | ||||||
5 | (7) the church is located to the west of and no more | ||||||
6 | than 65 feet from the restaurant; and | ||||||
7 | (8) the principal religious leader at the place of | ||||||
8 | worship has indicated his or her consent to the issuance of | ||||||
9 | the license in writing. | ||||||
10 | (jj) Notwithstanding any provision of this Section to the | ||||||
11 | contrary, nothing in this Section shall prohibit the issuance | ||||||
12 | or renewal of a license authorizing the sale of alcoholic | ||||||
13 | liquor at premises located within a municipality with a | ||||||
14 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
15 | feet of a church if: | ||||||
16 | (1) the sale of alcoholic liquor is not the principal | ||||||
17 | business carried on by the licensee at the premises; | ||||||
18 | (2) the sale of alcoholic liquor is incidental to the | ||||||
19 | sale of food; | ||||||
20 | (3) the premises are located east of the church, on | ||||||
21 | perpendicular streets, and separated by an alley; | ||||||
22 | (4) the distance between the primary entrance of the | ||||||
23 | premises and the primary entrance of the church is at least | ||||||
24 | 175 feet; | ||||||
25 | (5) the distance between the property line of the | ||||||
26 | premises and the property line of the church is at least 40 |
| |||||||
| |||||||
1 | feet; | ||||||
2 | (6) the licensee has been operating at the premises | ||||||
3 | since 2012; | ||||||
4 | (7) the church was constructed in 1904; | ||||||
5 | (8) the alderman of the ward in which the premises is | ||||||
6 | located has expressed, in writing, his or her support for | ||||||
7 | the issuance of the license; and | ||||||
8 | (9) the principal religious leader of the church has | ||||||
9 | delivered a written statement that he or she does not | ||||||
10 | object to the issuance of a license under this subsection | ||||||
11 | (jj). | ||||||
12 | (kk) Notwithstanding any provision of this Section to the | ||||||
13 | contrary, nothing in this Section shall prohibit the issuance | ||||||
14 | or renewal of a license authorizing the sale of alcoholic | ||||||
15 | liquor at a premises that is located within a municipality with | ||||||
16 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
17 | feet of a school if: | ||||||
18 | (1) the sale of alcoholic liquor is not the principal | ||||||
19 | business carried on by the licensee at the premises; | ||||||
20 | (2) the licensee shall only sell packaged liquors on | ||||||
21 | the premises; | ||||||
22 | (3) the licensee is a national retail chain; | ||||||
23 | (4) as of February 27, 2013, the licensee had 1,778 | ||||||
24 | stores operating nationwide, 89 operating in this State, | ||||||
25 | and 11 stores operating within the municipality; | ||||||
26 | (5) the licensee shall occupy approximately 169,048 |
| |||||||
| |||||||
1 | square feet of space within a building that is located | ||||||
2 | across the street from a tuition-based preschool; and | ||||||
3 | (6) the alderman of the ward in which the premises is | ||||||
4 | located has expressed, in writing, his or her support for | ||||||
5 | the issuance of the license. | ||||||
6 | (ll) Notwithstanding any provision of this Section to the | ||||||
7 | contrary, nothing in this Section shall prohibit the issuance | ||||||
8 | or renewal of a license authorizing the sale of alcoholic | ||||||
9 | liquor at a premises that is located within a municipality with | ||||||
10 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
11 | feet of a school if: | ||||||
12 | (1) the sale of alcoholic liquor is not the principal | ||||||
13 | business carried on by the licensee at the premises; | ||||||
14 | (2) the licensee shall only sell packaged liquors on | ||||||
15 | the premises; | ||||||
16 | (3) the licensee is a national retail chain; | ||||||
17 | (4) as of February 27, 2013, the licensee had 1,778 | ||||||
18 | stores operating nationwide, 89 operating in this State, | ||||||
19 | and 11 stores operating within the municipality; | ||||||
20 | (5) the licensee shall occupy approximately 191,535 | ||||||
21 | square feet of space within a building that is located | ||||||
22 | across the street from an elementary school; and | ||||||
23 | (6) the alderman of the ward in which the premises is | ||||||
24 | located has expressed, in writing, his or her support for | ||||||
25 | the issuance of the license. | ||||||
26 | (mm) Notwithstanding any provision of this Section to the |
| |||||||
| |||||||
1 | contrary, nothing in this Section shall prohibit the issuance | ||||||
2 | or renewal of a license authorizing the sale of alcoholic | ||||||
3 | liquor within premises and at an outdoor patio or sidewalk | ||||||
4 | cafe, or both, attached to premises that are located in a | ||||||
5 | municipality with a population in excess of 1,000,000 | ||||||
6 | inhabitants and that are within 100 feet of a hospital if: | ||||||
7 | (1) the primary business of the restaurant consists of | ||||||
8 | the sale of food where the sale of liquor is incidental to | ||||||
9 | the sale of food; | ||||||
10 | (2) as a restaurant, the premises may or may not offer | ||||||
11 | catering as an incidental part of food service; | ||||||
12 | (3) the primary business of the restaurant is conducted | ||||||
13 | in space owned by a hospital or an entity owned or | ||||||
14 | controlled by, under common control with, or that controls | ||||||
15 | a hospital, and the chief hospital administrator has | ||||||
16 | expressed his or her support for the issuance of the | ||||||
17 | license in writing; and | ||||||
18 | (4) the hospital is an adult acute care facility | ||||||
19 | primarily located within the City of Chicago Institutional | ||||||
20 | Planned Development Number 3. | ||||||
21 | (nn) Notwithstanding any provision of this Section to the | ||||||
22 | contrary, nothing in this Section shall prohibit the issuance | ||||||
23 | or renewal of a license authorizing the sale of alcoholic | ||||||
24 | liquor at a premises that is located within a municipality with | ||||||
25 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
26 | feet of a church if: |
| |||||||
| |||||||
1 | (1) the sale of alcoholic liquor is not the principal | ||||||
2 | business carried out on the premises; | ||||||
3 | (2) the sale of alcoholic liquor at the premises is | ||||||
4 | incidental to the operation of a theater; | ||||||
5 | (3) the premises are a building that was constructed in | ||||||
6 | 1913 and opened on May 24, 1915 as a vaudeville theater, | ||||||
7 | and the premises were converted to a motion picture theater | ||||||
8 | in 1935; | ||||||
9 | (4) the church was constructed in 1889 with a stone | ||||||
10 | exterior; | ||||||
11 | (5) the primary entrance of the premises and the | ||||||
12 | primary entrance of the church are at least 100 feet apart; | ||||||
13 | and | ||||||
14 | (6) the principal religious leader at the place of | ||||||
15 | worship has indicated his or her consent to the issuance of | ||||||
16 | the license in writing; and | ||||||
17 | (7) the alderman in whose ward the premises are located | ||||||
18 | has expressed his or her support for the issuance of the | ||||||
19 | license in writing. | ||||||
20 | (oo) Notwithstanding any provision of this Section to the | ||||||
21 | contrary, nothing in this Section shall prohibit the issuance | ||||||
22 | or renewal of a license authorizing the sale of alcoholic | ||||||
23 | liquor at a premises that is located within a municipality with | ||||||
24 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
25 | feet of a mosque, church, or other place of worship if: | ||||||
26 | (1) the primary entrance of the premises and the |
| |||||||
| |||||||
1 | primary entrance of the mosque, church, or other place of | ||||||
2 | worship are perpendicular and are on different streets; | ||||||
3 | (2) the primary entrance to the premises faces West and | ||||||
4 | the primary entrance to the mosque, church, or other place | ||||||
5 | of worship faces South; | ||||||
6 | (3) the distance between the 2 primary entrances is at | ||||||
7 | least 100 feet; | ||||||
8 | (4) the mosque, church, or other place of worship was | ||||||
9 | established in a location within 100 feet of the premises | ||||||
10 | after a license for the sale of alcohol at the premises was | ||||||
11 | first issued; | ||||||
12 | (5) the mosque, church, or other place of worship was | ||||||
13 | established on or around January 1, 2011; | ||||||
14 | (6) a license for the sale of alcohol at the premises | ||||||
15 | was first issued on or before January 1, 1985; | ||||||
16 | (7) a license for the sale of alcohol at the premises | ||||||
17 | has been continuously in effect since January 1, 1985, | ||||||
18 | except for interruptions between licenses of no more than | ||||||
19 | 90 days; and | ||||||
20 | (8) the premises are a single-story, single-use | ||||||
21 | building of at least 3,000 square feet and no more than | ||||||
22 | 3,380 square feet. | ||||||
23 | (pp) Notwithstanding any provision of this Section to the | ||||||
24 | contrary, nothing in this Section shall prohibit the issuance | ||||||
25 | or renewal of a license authorizing the sale of alcoholic | ||||||
26 | liquor incidental to the sale of food within a restaurant or |
| |||||||
| |||||||
1 | banquet facility established on premises that are located in a | ||||||
2 | municipality with a population in excess of 1,000,000 | ||||||
3 | inhabitants and within 100 feet of at least one church if: | ||||||
4 | (1) the sale of liquor shall not be the principal | ||||||
5 | business carried on by the licensee at the premises; | ||||||
6 | (2) the premises are at least 2,000 square feet and no | ||||||
7 | more than 10,000 square feet and is located in a | ||||||
8 | single-story building; | ||||||
9 | (3) the property on which the premises are located is | ||||||
10 | within an area that, as of 2009, was designated as a | ||||||
11 | Renewal Community by the United States Department of | ||||||
12 | Housing and Urban Development; | ||||||
13 | (4) the property on which the premises are located and | ||||||
14 | the properties on which the churches are located are on the | ||||||
15 | same street; | ||||||
16 | (5) the property on which the premises are located is | ||||||
17 | immediately adjacent to and east of the property on which | ||||||
18 | at least one of the churches is located; | ||||||
19 | (6) the property on which the premises are located is | ||||||
20 | across the street and southwest of the property on which | ||||||
21 | another church is located; | ||||||
22 | (7) the principal religious leaders of the churches | ||||||
23 | have indicated their support for the issuance of the | ||||||
24 | license in writing; and | ||||||
25 | (8) the alderman in whose ward the premises are located | ||||||
26 | has expressed his or her support for the issuance of the |
| |||||||
| |||||||
1 | license in writing. | ||||||
2 | For purposes of this subsection (pp), "banquet facility" | ||||||
3 | means the part of the building that caters to private parties | ||||||
4 | and where the sale of alcoholic liquors is not the principal | ||||||
5 | business. | ||||||
6 | (qq) Notwithstanding any provision of this Section to the | ||||||
7 | contrary, nothing in this Section shall prohibit the issuance | ||||||
8 | or renewal of a license authorizing the sale of alcoholic | ||||||
9 | liquor on premises that are located within a municipality with | ||||||
10 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
11 | feet of a church or school if: | ||||||
12 | (1) the primary entrance of the premises and the | ||||||
13 | closest entrance of the church or school are at least 200 | ||||||
14 | feet apart and no greater than 300 feet apart; | ||||||
15 | (2) the shortest distance between the premises and the | ||||||
16 | church or school is at least 66 feet apart and no greater | ||||||
17 | than 81 feet apart; | ||||||
18 | (3) the premises are a single-story, steel-framed | ||||||
19 | commercial building with at least 18,042 square feet, and | ||||||
20 | was constructed in 1925 and 1997; | ||||||
21 | (4) the owner of the business operated within the | ||||||
22 | premises has been the general manager of a similar | ||||||
23 | supermarket within one mile from the premises, which has | ||||||
24 | had a valid license authorizing the sale of alcoholic | ||||||
25 | liquor since 2002, and is in good standing with the City of | ||||||
26 | Chicago; |
| |||||||
| |||||||
1 | (5) the principal religious leader at the place of | ||||||
2 | worship has indicated his or her support to the issuance or | ||||||
3 | renewal of the license in writing; | ||||||
4 | (6) the alderman of the ward has indicated his or her | ||||||
5 | support to the issuance or renewal of the license in | ||||||
6 | writing; and | ||||||
7 | (7) the principal of the school has indicated his or | ||||||
8 | her support to the issuance or renewal of the license in | ||||||
9 | writing. | ||||||
10 | (rr) Notwithstanding any provision of this Section to the | ||||||
11 | contrary, nothing in this Section shall prohibit the issuance | ||||||
12 | or renewal of a license authorizing the sale of alcoholic | ||||||
13 | liquor at premises located within a municipality with a | ||||||
14 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
15 | feet of a club that leases space to a school if: | ||||||
16 | (1) the sale of alcoholic liquor is not the principal | ||||||
17 | business carried out on the premises; | ||||||
18 | (2) the sale of alcoholic liquor at the premises is | ||||||
19 | incidental to the operation of a grocery store; | ||||||
20 | (3) the premises are a building of approximately 1,750 | ||||||
21 | square feet and is rented by the owners of the grocery | ||||||
22 | store from a family member; | ||||||
23 | (4) the property line of the premises is approximately | ||||||
24 | 68 feet from the property line of the club; | ||||||
25 | (5) the primary entrance of the premises and the | ||||||
26 | primary entrance of the club where the school leases space |
| |||||||
| |||||||
1 | are at least 100 feet apart; | ||||||
2 | (6) the director of the club renting space to the | ||||||
3 | school has indicated his or her consent to the issuance of | ||||||
4 | the license in writing; and | ||||||
5 | (7) the alderman in whose district the premises are | ||||||
6 | located has expressed his or her support for the issuance | ||||||
7 | of the license in writing. | ||||||
8 | (ss) Notwithstanding any provision of this Section to the | ||||||
9 | contrary, nothing in this Section shall prohibit the issuance | ||||||
10 | or renewal of a license authorizing the sale of alcoholic | ||||||
11 | liquor at premises located within a municipality with a | ||||||
12 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
13 | feet of a church if: | ||||||
14 | (1) the premises are located within a 15 unit building | ||||||
15 | with 13 residential apartments and 2 commercial spaces, and | ||||||
16 | the licensee will occupy both commercial spaces; | ||||||
17 | (2) a restaurant has been operated on the premises | ||||||
18 | since June 2011; | ||||||
19 | (3) the restaurant currently occupies 1,075 square | ||||||
20 | feet, but will be expanding to include 975 additional | ||||||
21 | square feet; | ||||||
22 | (4) the sale of alcoholic liquor is not the principal | ||||||
23 | business carried on by the licensee at the premises; | ||||||
24 | (5) the premises are located south of the church and on | ||||||
25 | the same street and are separated by a one-way westbound | ||||||
26 | street; |
| |||||||
| |||||||
1 | (6) the primary entrance of the premises is at least 93 | ||||||
2 | feet from the primary entrance of the church; | ||||||
3 | (7) the shortest distance between any part of the | ||||||
4 | premises and any part of the church is at least 72 feet; | ||||||
5 | (8) the building in which the restaurant is located was | ||||||
6 | built in 1910; | ||||||
7 | (9) the alderman of the ward in which the premises are | ||||||
8 | located has expressed, in writing, his or her support for | ||||||
9 | the issuance of the license; and | ||||||
10 | (10) the principal religious leader of the church has | ||||||
11 | delivered a written statement that he or she does not | ||||||
12 | object to the issuance of a license under this subsection | ||||||
13 | (ss). | ||||||
14 | (tt) Notwithstanding any provision of this Section to the | ||||||
15 | contrary, nothing in this Section shall prohibit the issuance | ||||||
16 | or renewal of a license authorizing the sale of alcoholic | ||||||
17 | liquor at premises located within a municipality with a | ||||||
18 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
19 | feet of a church if: | ||||||
20 | (1) the sale of alcoholic liquor is not the principal | ||||||
21 | business carried on by the licensee at the premises; | ||||||
22 | (2) the sale of alcoholic liquor is incidental to the | ||||||
23 | sale of food; | ||||||
24 | (3) the sale of alcoholic liquor at the premises was | ||||||
25 | previously authorized by a package goods liquor license; | ||||||
26 | (4) the premises are at least 40,000 square feet with |
| |||||||
| |||||||
1 | 25 parking spaces in the contiguous surface lot to the | ||||||
2 | north of the store and 93 parking spaces on the roof; | ||||||
3 | (5) the shortest distance between the lot line of the | ||||||
4 | parking lot of the premises and the exterior wall of the | ||||||
5 | church is at least 80 feet; | ||||||
6 | (6) the distance between the building in which the | ||||||
7 | church is located and the building in which the premises | ||||||
8 | are located is at least 180 feet; | ||||||
9 | (7) the main entrance to the church faces west and is | ||||||
10 | at least 257 feet from the main entrance of the premises; | ||||||
11 | and | ||||||
12 | (8) the applicant is the owner of 10 similar grocery | ||||||
13 | stores within the City of Chicago and the surrounding area | ||||||
14 | and has been in business for more than 30 years. | ||||||
15 | (uu) Notwithstanding any provision of this Section to the | ||||||
16 | contrary, nothing in this Section shall prohibit the issuance | ||||||
17 | or renewal of a license authorizing the sale of alcoholic | ||||||
18 | liquor at premises located within a municipality with a | ||||||
19 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
20 | feet of a church if: | ||||||
21 | (1) the sale of alcoholic liquor is not the principal | ||||||
22 | business carried on by the licensee at the premises; | ||||||
23 | (2) the sale of alcoholic liquor is incidental to the | ||||||
24 | operation of a grocery store; | ||||||
25 | (3) the premises are located in a building that is | ||||||
26 | approximately 68,000 square feet with 157 parking spaces on |
| |||||||
| |||||||
1 | property that was previously vacant land; | ||||||
2 | (4) the main entrance to the church faces west and is | ||||||
3 | at least 500 feet from the entrance of the premises, which | ||||||
4 | faces north; | ||||||
5 | (5) the church and the premises are separated by an | ||||||
6 | alley; | ||||||
7 | (6) the applicant is the owner of 9 similar grocery | ||||||
8 | stores in the City of Chicago and the surrounding area and | ||||||
9 | has been in business for more than 40 years; and | ||||||
10 | (7) the alderman of the ward in which the premises are | ||||||
11 | located has expressed, in writing, his or her support for | ||||||
12 | the issuance of the license. | ||||||
13 | (vv) Notwithstanding any provision of this Section to the | ||||||
14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
15 | or renewal of a license authorizing the sale of alcoholic | ||||||
16 | liquor at premises located within a municipality with a | ||||||
17 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
18 | feet of a church if: | ||||||
19 | (1) the sale of alcoholic liquor is the principal | ||||||
20 | business carried on by the licensee at the premises; | ||||||
21 | (2) the sale of alcoholic liquor is primary to the sale | ||||||
22 | of food; | ||||||
23 | (3) the premises are located south of the church and on | ||||||
24 | perpendicular streets and are separated by a driveway; | ||||||
25 | (4) the primary entrance of the premises is at least | ||||||
26 | 100 feet from the primary entrance of the church; |
| |||||||
| |||||||
1 | (5) the shortest distance between any part of the | ||||||
2 | premises and any part of the church is at least 15 feet; | ||||||
3 | (6) the premises are less than 100 feet from the church | ||||||
4 | center, but greater than 100 feet from the area within the | ||||||
5 | building where church services are held; | ||||||
6 | (7) the premises are 25,830 square feet and sit on a | ||||||
7 | lot that is 0.48 acres; | ||||||
8 | (8) the premises were once designated as a Korean | ||||||
9 | American Presbyterian Church and were once used as a | ||||||
10 | Masonic Temple; | ||||||
11 | (9) the premises were built in 1910; | ||||||
12 | (10) the alderman of the ward in which the premises are | ||||||
13 | located has expressed, in writing, his or her support for | ||||||
14 | the issuance of the license; and | ||||||
15 | (11) the principal religious leader of the church has | ||||||
16 | delivered a written statement that he or she does not | ||||||
17 | object to the issuance of a license under this subsection | ||||||
18 | (vv). | ||||||
19 | For the purposes of this subsection (vv), "premises" means | ||||||
20 | a place of business together with a privately owned outdoor | ||||||
21 | location that is adjacent to the place of business.
| ||||||
22 | (ww) Notwithstanding any provision of this Section to the
| ||||||
23 | contrary, nothing in this Section shall prohibit the issuance
| ||||||
24 | or renewal of a license authorizing the sale of alcoholic
| ||||||
25 | liquor at premises located within a municipality with a
| ||||||
26 | population in excess of 1,000,000 inhabitants and within 100
|
| |||||||
| |||||||
1 | feet of a school if: | ||||||
2 | (1) the school is located within Sub Area III of City | ||||||
3 | of Chicago Residential-Business Planned Development Number | ||||||
4 | 523, as amended; and | ||||||
5 | (2) the premises are located within Sub Area I, Sub | ||||||
6 | Area II, or Sub Area IV of City of Chicago | ||||||
7 | Residential-Business Planned Development Number 523, as | ||||||
8 | amended. | ||||||
9 | (xx) Notwithstanding any provision of this Section to the | ||||||
10 | contrary, nothing in this Section shall prohibit the issuance | ||||||
11 | or renewal of a license authorizing the sale of alcoholic | ||||||
12 | liquor at premises located within a municipality with a | ||||||
13 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
14 | feet of a church if: | ||||||
15 | (1) the sale of wine or wine-related products is the | ||||||
16 | exclusive business carried on by the licensee at the | ||||||
17 | premises; | ||||||
18 | (2) the primary entrance of the premises and the | ||||||
19 | primary entrance of the church are at least 100 feet apart | ||||||
20 | and are located on different streets; | ||||||
21 | (3) the building in which the premises are located and | ||||||
22 | the building in which the church is located are separated | ||||||
23 | by an alley; | ||||||
24 | (4) the premises consists of less than 2,000 square | ||||||
25 | feet of floor area dedicated to the sale of wine or | ||||||
26 | wine-related products; |
| |||||||
| |||||||
1 | (5) the premises are located on the first floor of a | ||||||
2 | 2-story building that is at least 99 years old and has a | ||||||
3 | residential unit on the second floor; and | ||||||
4 | (6) the principal religious leader at the church has | ||||||
5 | indicated his or her support for the issuance or renewal of | ||||||
6 | the license in writing. | ||||||
7 | (yy) Notwithstanding any provision of this Section to the | ||||||
8 | contrary, nothing in this Section shall prohibit the issuance | ||||||
9 | or renewal of a license authorizing the sale of alcoholic | ||||||
10 | liquor at premises located within a municipality with a | ||||||
11 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
12 | feet of a church if: | ||||||
13 | (1) the sale of alcoholic liquor at the premises is | ||||||
14 | incidental to the sale of food; | ||||||
15 | (2) the premises are located in a single-story building | ||||||
16 | of primarily brick construction containing at least 6 | ||||||
17 | commercial units constructed before 1940; | ||||||
18 | (3) the premises are located in a B3-2 zoning district; | ||||||
19 | (4) the premises are less than 4,000 square feet; | ||||||
20 | (5) the church established its congregation in 1891 and | ||||||
21 | completed construction of the church building in 1990; | ||||||
22 | (6) the premises are located south of the church; | ||||||
23 | (7) the premises and church are located on the same | ||||||
24 | street and are separated by a one-way westbound street; and | ||||||
25 | (8) the principal religious leader of the church has | ||||||
26 | not indicated his or her opposition to the issuance or |
| |||||||
| |||||||
1 | renewal of the license in writing. | ||||||
2 | (Source: P.A. 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634, | ||||||
3 | eff. 12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12; | ||||||
4 | 97-806, eff. 7-13-12; 97-1166, eff. 3-1-13; 98-274, eff. | ||||||
5 | 8-9-13; 98-463, eff. 8-16-13; 98-571, eff. 8-27-13; 98-592, | ||||||
6 | eff. 11-15-13; 98-1092, eff. 8-26-14; 98-1158, eff. 1-9-15.)
| ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
|