98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3775
 
Introduced , by Rep. Marcus C. Evans, Jr.
 
SYNOPSIS AS INTRODUCED:





235 ILCS 5/6-11

 Amends the Liquor Control Act of 1934. Changes an exception to provisions concerning the sale of liquor near a place of worship by providing that the location of the primary entrance to the mosque, church, or other place of worship faces north (instead of south) and adds a provision to the exception that requires the alderman in whose ward the premises are located to express his or her support for the issuance of the license in writing. Effective immediately.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB3775LRB098 15046 RPS 50008 b



1 AN ACT concerning liquor.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



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



6 (235 ILCS 5/6-11)


7 Sec. 6-11. Sale near churches, schools, and hospitals. 

8 (a) No license shall be issued for the sale at retail of 
9any
alcoholic liquor within 100 feet of any church, school 
10other than an
institution of higher learning, hospital, home 
11for aged or indigent
persons or for veterans, their spouses or 
12children or any military or
naval station, provided, that this 
13prohibition shall not apply to hotels
offering restaurant 
14service, regularly organized clubs, or to
restaurants, food 
15shops or other places where sale of alcoholic liquors
is not 
16the principal business carried on if the place of business so

17exempted is not located in a municipality of more than 500,000 
18persons,
unless required by local ordinance; nor to the renewal 
19of a license for the
sale at retail of alcoholic liquor on 
20premises within 100 feet of any church
or school where the 
21church or school has been established within such
100 feet 
22since the issuance of the original license. In the case of a

23church, the distance of 100 feet shall be measured to the 
 
 
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1nearest part
of any building used for worship services or 
2educational programs and
not to property boundaries.

3 (b) Nothing in this Section shall prohibit the issuance of 
4a retail
license
authorizing the sale of alcoholic liquor to a 
5restaurant, the primary business
of which is the sale of goods 
6baked on the premises if (i) the restaurant is
newly 
7constructed and located on a lot of not less than 10,000 square 
8feet,
(ii) the restaurant costs at least $1,000,000 to 
9construct, (iii) the licensee
is the titleholder to the 
10premises and resides on the premises, and (iv) the
construction 
11of the restaurant is completed within 18 months of the 
12effective
date of this amendatory Act of 1998.

13 (c) Nothing in this Section shall prohibit the issuance of 
14a retail
license
authorizing the sale of alcoholic liquor 
15incidental to a restaurant if (1) the
primary
business of the 
16restaurant consists of the sale of food where the sale of

17liquor is incidental to the sale of food and the applicant is a 
18completely new
owner of the restaurant, (2) the immediately

19prior owner or operator of the premises where the restaurant is 
20located
operated the premises as a restaurant and held a valid 
21retail license
authorizing the
sale of alcoholic liquor at the 
22restaurant for at least part of the 24 months
before the
change 
23of ownership, and (3) the restaurant is located 75 or more feet 
24from a
school.

25 (d) In the interest of further developing Illinois' economy 
26in the area
of
commerce, tourism, convention, and banquet 
 
 
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1business, nothing in this
Section shall
prohibit issuance of a 
2retail license authorizing the sale of alcoholic
beverages to a 
3restaurant, banquet facility, grocery store, or hotel having

4not fewer than
150 guest room accommodations located in a 
5municipality of more than 500,000
persons, notwithstanding the 
6proximity of such hotel, restaurant,
banquet facility, or 
7grocery store to any church or school, if the licensed
premises

8described on the license are located within an enclosed mall or 
9building of a
height of at least 6 stories, or 60 feet in the 
10case of a building that has
been registered as a national 
11landmark, or in a grocery store having a
minimum of 56,010 
12square feet of floor space in a single story building in an

13open mall of at least 3.96 acres that is adjacent to a public 
14school that
opened as a boys technical high school in 1934, or 
15in a grocery store having a minimum of 31,000 square feet of 
16floor space in a single story building located a distance of 
17more than 90 feet but less than 100 feet from a high school 
18that opened in 1928 as a junior high school and became a senior 
19high school in 1933, and in each of these
cases if the sale of

20alcoholic liquors is not the principal business carried on by 
21the licensee.

22 For purposes of this Section, a "banquet facility" is any 
23part of a
building that caters to private parties and where the 
24sale of alcoholic liquors
is not the principal business.

25 (e) Nothing in this Section shall prohibit the issuance of 
26a license to
a
church or private school to sell at retail 
 
 
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1alcoholic liquor if any such
sales are limited to periods when 
2groups are assembled on the premises
solely for the promotion 
3of some common object other than the sale or
consumption of 
4alcoholic liquors.

5 (f) Nothing in this Section shall prohibit a church or 
6church affiliated
school
located in a home rule municipality or 
7in a municipality with 75,000 or more
inhabitants from locating

8within 100 feet of a property for which there is a preexisting 
9license to sell
alcoholic liquor at retail. In these instances, 
10the local zoning authority
may, by ordinance adopted 
11simultaneously with the granting of an initial
special use 
12zoning permit for the church or church affiliated school, 
13provide
that the 100-foot restriction in this Section shall not 
14apply to that church or
church affiliated school and future 
15retail liquor licenses.

16 (g) Nothing in this Section shall prohibit the issuance of 
17a retail
license authorizing the sale of alcoholic liquor at 
18premises within 100 feet,
but not less than 90 feet, of a 
19public school if (1) the premises have been
continuously 
20licensed to sell alcoholic liquor
for a period of at least 50 
21years,
(2) the premises are located in a municipality having a 
22population of over
500,000 inhabitants, (3) the licensee is an 
23individual who is a member of a
family that has held the 
24previous 3 licenses for that location for more than 25
years, 
25(4) the
principal of the school and the alderman of the ward in 
26which the school is
located have delivered a written statement 
 
 
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1to the local liquor control
commissioner stating that they do 
2not object to the issuance of a license
under this subsection 
3(g), and (5) the local liquor control commissioner has
received 
4the written consent of a majority of the registered voters who 
5live
within 200 feet of the premises.

6 (h) Notwithstanding any provision of this Section to the 
7contrary, nothing in this Section shall prohibit the issuance 
8or renewal of a license authorizing the sale of alcoholic 
9liquor within premises and at an outdoor patio area attached to 
10premises that are located in a municipality with a population 
11in excess of 300,000 inhabitants and that are within 100 feet 
12of a church if:

13  (1) the sale of alcoholic liquor at the premises is 
14 incidental to the sale of food,

15  (2) the sale of liquor is not the principal business 
16 carried on by the licensee at the premises,
17  (3) the premises are less than 1,000 square feet,
18  (4) the premises are owned by the University of 
19 Illinois,
20  (5) the premises are immediately adjacent to property 
21 owned by a church and are not less than 20 nor more than 40 
22 feet from the church space used for worship services, and
23  (6) the principal religious leader at the place of 
24 worship has indicated his or her support for the issuance 
25 of the license in writing.

26 (i) Notwithstanding any provision in this Section to the 
 
 
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1contrary, nothing in this Section shall prohibit the issuance 
2or renewal of a license to sell alcoholic liquor at a premises 
3that is located within a municipality with a population in 
4excess of 300,000 inhabitants and is within 100 feet of a 
5church, synagogue, or other place of worship if:
6  (1) the primary entrance of the premises and the 
7 primary entrance of the church, synagogue, or other place 
8 of worship are at least 100 feet apart, on parallel 
9 streets, and separated by an alley; and
10  (2) the principal religious leader at the place of 
11 worship has not indicated his or her opposition to the 
12 issuance or renewal of the license in writing.
13 (j) Notwithstanding any provision in this Section to the 
14contrary, nothing in this Section shall prohibit the issuance 
15of a retail
license authorizing the sale of alcoholic liquor at 
16a theater that is within 100 feet of a church if (1) the church 
17owns the theater, (2) the church leases the theater to one or 
18more entities, and
(3) the theater is used by at least 5 
19different not-for-profit theater groups.
20 (k) Notwithstanding any provision in this Section to the 
21contrary, nothing in this Section shall prohibit the issuance 
22or renewal of a license authorizing the sale of alcoholic 
23liquor at a premises that is located within a municipality with 
24a population in excess of 1,000,000 inhabitants and is within 
25100 feet of a school if:

26  (1) the primary entrance of the premises and the 
 
 
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1 primary entrance of the school are parallel, on different 
2 streets, and separated by an alley;
3  (2) the southeast corner of the premises are at least 
4 350 feet from the southwest corner of the school;
5  (3) the school was built in 1978;
6  (4) the sale of alcoholic liquor at the premises is 
7 incidental to the sale of food;
8  (5) the sale of alcoholic liquor is not the principal 
9 business carried on by the licensee at the premises;
10  (6) the applicant is the owner of the restaurant and 
11 has held a valid license authorizing the sale of alcoholic 
12 liquor for the business to be conducted on the premises at 
13 a different location for more than 7 years; and
14  (7) the premises is at least 2,300 square feet and sits 
15 on a lot that is between 6,100 and 6,150 square feet.
16 (l) Notwithstanding any provision in this Section to the 
17contrary, nothing in this Section shall prohibit the issuance 
18or renewal of a license authorizing the sale of alcoholic 
19liquor at a premises that is located within a municipality with 
20a population in excess of 1,000,000 inhabitants and is within 
21100 feet of a church or school if:
22  (1) the primary entrance of the premises and the 
23 closest entrance of the church or school is at least 90 
24 feet apart and no greater than 95 feet apart;
25  (2) the shortest distance between the premises and the 
26 church or school is at least 80 feet apart and no greater 
 
 
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1 than 85 feet apart;
2  (3) the applicant is the owner of the restaurant and on 
3 November 15, 2006 held a valid license authorizing the sale 
4 of alcoholic liquor for the business to be conducted on the 
5 premises for at least 14 different locations;
6  (4) the sale of alcoholic liquor at the premises is 
7 incidental to the sale of food;
8  (5) the sale of alcoholic liquor is not the principal 
9 business carried on by the licensee at the premises;
10  (6) the premises is at least 3,200 square feet and sits 
11 on a lot that is between 7,150 and 7,200 square feet; and
12  (7) the principal religious leader at the place of 
13 worship has not indicated his or her opposition to the 
14 issuance or renewal of the license in writing.

15 (m) Notwithstanding any provision in this Section to the 
16contrary, nothing in this Section shall prohibit the issuance 
17or renewal of a license authorizing the sale of alcoholic 
18liquor at a premises that is located within a municipality with 
19a population in excess of 1,000,000 inhabitants and is within 
20100 feet of a church if:
21  (1) the premises and the church are perpendicular, and 
22 the primary entrance of the premises faces South while the 
23 primary entrance of the church faces West and the distance 
24 between the two entrances is more than 100 feet; 
25  (2) the shortest distance between the premises lot line 
26 and the exterior wall of the church is at least 80 feet;
 
 
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1  (3) the church was established at the current location 
2 in 1916 and the present structure was erected in 1925;
3  (4) the premises is a single story, single use building 
4 with at least 1,750 square feet and no more than 2,000 
5 square feet;
6  (5) the sale of alcoholic liquor at the premises is 
7 incidental to the sale of food;
8  (6) the sale of alcoholic liquor is not the principal 
9 business carried on by the licensee at the premises; and
10  (7) the principal religious leader at the place of 
11 worship has not indicated his or her opposition to the 
12 issuance or renewal of the license in writing. 
13 (n) Notwithstanding any provision in this Section to the 
14contrary, nothing in this Section shall prohibit the issuance 
15or renewal of a license authorizing the sale of alcoholic 
16liquor at a premises that is located within a municipality with 
17a population in excess of 1,000,000 inhabitants and is within 
18100 feet of a school if:
19  (1) the school is a City of Chicago School District 299 
20 school;
21  (2) the school is located within subarea E of City of 
22 Chicago Residential Business Planned Development Number 
23 70;
24  (3) the sale of alcoholic liquor is not the principal 
25 business carried on by the licensee on the premises;
26  (4) the sale of alcoholic liquor at the premises is 
 
 
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1 incidental to the sale of food; and
2  (5) the administration of City of Chicago School 
3 District 299 has expressed, in writing, its support for the 
4 issuance of the license. 
5 (o) Notwithstanding any provision of this Section to the 
6contrary, nothing in this Section shall prohibit the issuance 
7or renewal of a retail license authorizing the sale of 
8alcoholic liquor at a premises that is located within a 
9municipality in excess of 1,000,000 inhabitants and within 100 
10feet of a church if:
11  (1) the sale of alcoholic liquor at the premises is 
12 incidental to the sale of food; 
13  (2) the sale of alcoholic liquor is not the principal 
14 business carried on by the licensee at the premises; 
15  (3) the premises is located on a street that runs 
16 perpendicular to the street on which the church is located; 
17  (4) the primary entrance of the premises is at least 
18 100 feet from the primary entrance of the church;
19  (5) the shortest distance between any part of the 
20 premises and any part of the church is at least 60 feet; 
21  (6) the premises is between 3,600 and 4,000 square feet 
22 and sits on a lot that is between 3,600 and 4,000 square 
23 feet; and 
24  (7) the premises was built in the year 1909. 
25 For purposes of this subsection (o), "premises" means a 
26place of business together with a privately owned outdoor 
 
 
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1location that is adjacent to the place of business. 
2 (p) Notwithstanding any provision in this Section to the 
3contrary, nothing in this Section shall prohibit the issuance 
4or renewal of a license authorizing the sale of alcoholic 
5liquor at a premises that is located within a municipality with 
6a population in excess of 1,000,000 inhabitants and within 100 
7feet of a church if:
8  (1) the shortest distance between the backdoor of the 
9 premises, which is used as an emergency exit, and the 
10 church is at least 80 feet;
11  (2) the church was established at the current location 
12 in 1889; and
13  (3) liquor has been sold on the premises since at least 
14 1985.
15 (q) Notwithstanding any provision of this Section to the 
16contrary, nothing in this Section shall prohibit the issuance 
17or renewal of a license authorizing the sale of alcoholic 
18liquor within a premises that is located in a municipality with 
19a population in excess of 1,000,000 inhabitants and within 100 
20feet of a church-owned property if:
21  (1) the premises is located within a larger building 
22 operated as a grocery store;
23  (2) the area of the premises does not exceed 720 square 
24 feet and the area of the larger building exceeds 18,000 
25 square feet;
26  (3) the larger building containing the premises is 
 
 
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1 within 100 feet of the nearest property line of a 
2 church-owned property on which a church-affiliated school 
3 is located;
4  (4) the sale of liquor is not the principal business 
5 carried on within the larger building;
6  (5) the primary entrance of the larger building and the 
7 premises and the primary entrance of the church-affiliated 
8 school are on different, parallel streets, and the distance 
9 between the 2 primary entrances is more than 100 feet;
10  (6) the larger building is separated from the 
11 church-owned property and church-affiliated school by an 
12 alley;
13  (7) the larger building containing the premises and the 
14 church building front are on perpendicular streets and are 
15 separated by a street; and
16  (8) (Blank). 
17 (r) Notwithstanding any provision of this Section to the 
18contrary, nothing in this Section shall prohibit the issuance, 
19renewal, or maintenance of a license authorizing the sale of 
20alcoholic liquor incidental to the sale of food within a 
21restaurant established in a premises that is located in a 
22municipality with a population in excess of 1,000,000 
23inhabitants and within 100 feet of a church if: 
24  (1) the primary entrance of the church and the primary 
25 entrance of the restaurant are at least 100 feet apart; 
26  (2) the restaurant has operated on the ground floor and 
 
 
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1 lower level of a multi-story, multi-use building for more 
2 than 40 years; 
3  (3) the primary business of the restaurant consists of 
4 the sale of food where the sale of liquor is incidental to 
5 the sale of food; 
6  (4) the sale of alcoholic liquor is conducted primarily 
7 in the below-grade level of the restaurant to which the 
8 only public access is by a staircase located inside the 
9 restaurant; and 
10  (5) the restaurant has held a license authorizing the 
11 sale of alcoholic liquor on the premises for more than 40 
12 years. 
13 (s) Notwithstanding any provision of this Section to the 
14contrary, nothing in this Section shall prohibit renewal of a 
15license authorizing the sale of alcoholic liquor at a premises 
16that is located within a municipality with a population more 
17than 5,000 and less than 10,000 and is within 100 feet of a 
18church if:
19  (1) the church was established at the location within 
20 100 feet of the premises after a license for the sale of 
21 alcoholic liquor at the premises was first issued; 
22  (2) a license for sale of alcoholic liquor at the 
23 premises was first issued before January 1, 2007; and
24  (3) a license for the sale of alcoholic liquor on the 
25 premises has been continuously in effect since January 1, 
26 2007, except for interruptions between licenses of no more 
 
 
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1 than 90 days. 
2 (t) Notwithstanding any provision of this Section to the 
3contrary, nothing in this Section shall prohibit the issuance 
4or renewal of a
license authorizing the sale of alcoholic 
5liquor
incidental to the sale of food within a restaurant that 
6is established in a premises that is located in a municipality 
7with a population in excess of 1,000,000 inhabitants and within 
8100 feet of a school and a church if:
9  (1) the restaurant is located inside a five-story 
10 building with over 16,800 square feet of commercial space;
11  (2) the area of the premises does not exceed 31,050 
12 square feet;
13  (3) the area of the restaurant does not exceed 5,800 
14 square feet; 
15  (4) the building has no less than 78 condominium units;
16  (5) the construction of the building in which the 
17 restaurant is located was completed in 2006; 
18  (6) the building has 10 storefront properties, 3 of 
19 which are used for the restaurant; 
20  (7) the restaurant will open for business in 2010; 
21  (8) the building is north of the school and separated 
22 by an alley; and 
23  (9) the principal religious leader of the church and 
24 either the alderman of the ward in which the school is 
25 located or the principal of the school have delivered a 
26 written statement to the local liquor control commissioner 
 
 
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1 stating that he or she does not object to the issuance of a 
2 license under this subsection (t). 
3 (u) Notwithstanding any provision in this Section to the 
4contrary, nothing in this Section shall prohibit the issuance 
5or renewal of a license to sell alcoholic liquor at a premises 
6that is located within a municipality with a population in 
7excess of 1,000,000 inhabitants and within 100 feet of a school 
8if:
9  (1) the premises operates as a restaurant and has been 
10 in operation since February 2008;
11  (2) the applicant is the owner of the premises;
12  (3) the sale of alcoholic liquor is incidental to the 
13 sale of food;
14  (4) the sale of alcoholic liquor is not the principal 
15 business carried on by the licensee on the premises;
16  (5) the premises occupy the first floor of a 3-story 
17 building that is at least 90 years old;
18  (6) the rear lot of the school and the rear corner of 
19 the building that the premises occupy are separated by an 
20 alley;
21  (7) the distance from the southwest corner of the 
22 property line of the school and the northeast corner of the 
23 building that the premises occupy is at least 16 feet, 5 
24 inches;
25  (8) the distance from the rear door of the premises to 
26 the southwest corner of the property line of the school is 
 
 
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1 at least 93 feet;
2  (9) the school is a City of Chicago School District 299 
3 school;
4  (10) the school's main structure was erected in 1902 
5 and an addition was built to the main structure in 1959; 
6 and
7  (11) the principal of the school and the alderman in 
8 whose district the premises are located have expressed, in 
9 writing, their support for the issuance of the license. 
10 (v) Notwithstanding any provision in this Section to the 
11contrary, nothing in this Section shall prohibit the issuance 
12or renewal of a license authorizing the sale of alcoholic 
13liquor at a premises that is located within a municipality with 
14a population in excess of 1,000,000 inhabitants and is within 
15100 feet of a school if:
16  (1) the total land area of the premises for which the 
17 license or renewal is sought is more than 600,000 square 
18 feet;
19  (2) the premises for which the license or renewal is 
20 sought has more than 600 parking stalls;
21  (3) the total area of all buildings on the premises for 
22 which the license or renewal is sought exceeds 140,000 
23 square feet;
24  (4) the property line of the premises for which the 
25 license or renewal is sought is separated from the property 
26 line of the school by a street;
 
 
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1  (5) the distance from the school's property line to the 
2 property line of the premises for which the license or 
3 renewal is sought is at least 60 feet;
4  (6) as of the effective date of this amendatory Act of 
5 the 97th General Assembly, the premises for which the 
6 license or renewal is sought is located in the Illinois 
7 Medical District.
8 (w) Notwithstanding any provision in this Section to the 
9contrary, nothing in this Section shall prohibit the issuance 
10or renewal of a license to sell alcoholic liquor at a premises 
11that is located within a municipality with a population in 
12excess of 1,000,000 inhabitants and within 100 feet of a church 
13if:
14  (1) the sale of alcoholic liquor at the premises is 
15 incidental to the sale of food;
16  (2) the sale of alcoholic liquor is not the principal

17 business carried on by the licensee at the premises;
18  (3) the premises occupy the first floor and basement of 
19 a 2-story building that is 106 years old;
20  (4) the premises is at least 7,000 square feet and 
21 located on a lot that is at least 11,000 square feet;
22  (5) the premises is located directly west of the 
23 church, on perpendicular streets, and separated by an 
24 alley;
25  (6) the distance between the
property line of the 
26 premises and the property line of the church is at least 20 
 
 
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1 feet;
2  (7) the distance between the primary entrance of the 
3 premises and the primary entrance of the church is at least 
4 130 feet; and
5  (8) the church has been at its location for at least 40 
6 years. 
7 (x) Notwithstanding any provision of this Section to the 
8contrary, nothing in this Section shall prohibit the issuance 
9or renewal of a license authorizing the sale of alcoholic 
10liquor at a premises that is located within a municipality with 
11a population in excess of 1,000,000 inhabitants and within 100 
12feet of a church if:
13  (1) the sale of alcoholic liquor is not the principal 
14 business carried on by the licensee at the premises;
15  (2) the church has been operating in its current 
16 location since 1973;
17  (3) the premises has been operating in its current 
18 location since 1988;
19  (4) the church and the premises are owned by the same 
20 parish;
21  (5) the premises is used for cultural and educational 
22 purposes;
23  (6) the primary entrance to the premises and the 
24 primary entrance to the church are located on the same 
25 street;
26  (7) the principal religious leader of the church has 
 
 
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1 indicated his support of the issuance of the license;
2  (8) the premises is a 2-story building of approximately 
3 23,000 square feet; and
4  (9) the premises houses a ballroom on its ground floor 
5 of approximately 5,000 square feet.
6 (y) Notwithstanding any provision of this Section to the 
7contrary, nothing in this Section shall prohibit the issuance 
8or renewal of a license authorizing the sale of alcoholic 
9liquor at a premises that is located within a municipality with 
10a population in excess of 1,000,000 inhabitants and within 100 
11feet 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 sale of alcoholic liquor at the premises is 
15 incidental to the sale of food;
16  (3) according to the municipality, the distance 
17 between the east property line of the premises and the west 
18 property line of the school is 97.8 feet;
19  (4) the school is a City of Chicago School District 299 
20 school;
21  (5) the school has been operating since 1959;
22  (6) the primary entrance to the premises and the 
23 primary entrance to the school are located on the same 
24 street;
25  (7) the street on which the entrances of the premises 
26 and the school are located is a major diagonal 
 
 
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1 thoroughfare;
2  (8) the premises is a single-story building of 
3 approximately 2,900 square feet; and
4  (9) the premises is used for commercial purposes only.
5 (z) Notwithstanding any provision of this Section to the 
6contrary, nothing in this Section shall prohibit the issuance 
7or renewal of a license authorizing the sale of alcoholic 
8liquor at a premises that is located within a municipality with 
9a population in excess of 1,000,000 inhabitants and within 100 
10feet of a mosque if:
11  (1) the sale of alcoholic liquor is not the principal 
12 business carried on by the licensee at the premises;
13  (2) the licensee shall only sell packaged liquors at 
14 the premises;
15  (3) the licensee is a national retail chain having over 
16 100 locations within the municipality;
17  (4) the licensee has over 8,000 locations nationwide;
18  (5) the licensee has locations in all 50 states;
19  (6) the premises is located in the North-East quadrant 
20 of the municipality;
21  (7) the premises is a free-standing building that has 
22 "drive-through" pharmacy service;
23  (8) the premises has approximately 14,490 square feet 
24 of retail space;
25  (9) the premises has approximately 799 square feet of 
26 pharmacy space;
 
 
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1  (10) the premises is located on a major arterial street 
2 that runs east-west and accepts truck traffic; and
3  (11) 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 (aa) Notwithstanding any provision of this Section to the 
7contrary, nothing in this Section shall prohibit the issuance 
8or renewal of a license authorizing the sale of alcoholic 
9liquor at a premises that is located within a municipality with 
10a population in excess of 1,000,000 inhabitants and within 100 
11feet of a church 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 at 
15 the premises;
16  (3) the licensee is a national retail chain having over 
17 100 locations within the municipality;
18  (4) the licensee has over 8,000 locations nationwide;
19  (5) the licensee has locations in all 50 states;
20  (6) the premises is located in the North-East quadrant 
21 of the municipality;
22  (7) the premises is located across the street from a 
23 national grocery chain outlet;
24  (8) the premises has approximately 16,148 square feet 
25 of retail space;
26  (9) the premises has approximately 992 square feet of 
 
 
HB3775- 22 -LRB098 15046 RPS 50008 b


1 pharmacy space;
2  (10) the premises is located on a major arterial street 
3 that runs north-south and accepts truck traffic; and
4  (11) the alderman of the ward in which the premises is 
5 located has expressed, in writing, his or her support for 
6 the issuance of the license.
7 (bb) Notwithstanding any provision of this Section to the 
8contrary, nothing in this Section shall prohibit the issuance 
9or renewal of a license authorizing the sale of alcoholic 
10liquor at a premises that is located within a municipality with 
11a population in excess of 1,000,000 inhabitants and within 100 
12feet of a church if:
13  (1) the sale of alcoholic liquor is not the principal 
14 business carried on by the licensee at the premises;
15  (2) the sale of alcoholic liquor at the premises is 
16 incidental to the sale of food;
17  (3) the primary entrance to the premises and the 
18 primary entrance to the church are located on the same 
19 street;
20  (4) the premises is across the street from the church;
21  (5) the street on which the premises and the church are 
22 located is a major arterial street that runs east-west;
23  (6) the church is an elder-led and Bible-based Assyrian 
24 church;
25  (7) the premises and the church are both single-story 
26 buildings;
 
 
HB3775- 23 -LRB098 15046 RPS 50008 b


1  (8) the storefront directly west of the church is being 
2 used as a restaurant; and 
3  (9) the distance between the northern-most property 
4 line of the premises and the southern-most property line of 
5 the church is 65 feet. 
6 (cc) Notwithstanding any provision of this Section to the 
7contrary, nothing in this Section shall prohibit the issuance 
8or renewal of a license authorizing the sale of alcoholic 
9liquor at a premises that is located within a municipality with 
10a population in excess of 1,000,000 inhabitants and within 100 
11feet 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 at 
15 the premises;
16  (3) the licensee is a national retail chain;
17  (4) as of October 25, 2011, the licensee has 1,767 
18 stores operating nationwide, 87 stores operating in the 
19 State, and 10 stores operating within the municipality;
20  (5) the licensee shall occupy approximately 124,000 
21 square feet of space in the basement and first and second 
22 floors of a building located across the street from a 
23 school;
24  (6) the school opened in August of 2009 and occupies 
25 approximately 67,000 square feet of space; and
26  (7) the building in which the premises shall be located 
 
 
HB3775- 24 -LRB098 15046 RPS 50008 b


1 has been listed on the National Register of Historic Places 
2 since April 17, 1970. 
3 (dd) Notwithstanding any provision in this Section to the 
4contrary, nothing in this Section shall prohibit the issuance 
5or renewal of a license authorizing the sale of alcoholic 
6liquor within a full-service grocery store at a premises that 
7is located within a municipality with a population in excess of 
81,000,000 inhabitants and is within 100 feet of a school if:
9  (1) the premises is constructed on land that was 
10 purchased from the municipality at a fair market price;
11  (2) the premises is constructed on land that was 
12 previously used as a parking facility for public safety 
13 employees;
14  (3) the sale of alcoholic liquor is not the principal 
15 business carried on by the licensee at the premises;
16  (4) the main entrance to the store is more than 100 
17 feet from the main entrance to the school;
18  (5) the premises is to be new construction;
19  (6) the school is a private school;
20  (7) the principal of the school has given written 
21 approval for the license;
22  (8) the alderman of the ward where the premises is 
23 located has given written approval of the issuance of the 
24 license;
25  (9) the grocery store level of the premises is between 
26 60,000 and 70,000 square feet; and 
 
 
HB3775- 25 -LRB098 15046 RPS 50008 b


1  (10) the owner and operator of the grocery store 
2 operates 2 other grocery stores that have alcoholic liquor 
3 licenses within the same municipality.
4 (ee) Notwithstanding any provision in this Section to the 
5contrary, nothing in this Section shall prohibit the issuance 
6or renewal of a license authorizing the sale of alcoholic 
7liquor within a full-service grocery store at a premises that 
8is located within a municipality with a population in excess of 
91,000,000 inhabitants and is within 100 feet of a school if: 
10  (1) the premises is constructed on land that once 
11 contained an industrial steel facility;
12  (2) the premises is located on land that has undergone 
13 environmental remediation;
14  (3) the premises is located within a retail complex 
15 containing retail stores where some of the stores sell 
16 alcoholic beverages;
17  (4) the principal activity of any restaurant in the 
18 retail complex is the sale of food, and the sale of 
19 alcoholic liquor is incidental to the sale of food;
20  (5) the sale of alcoholic liquor is not the principal 
21 business carried on by the grocery store;
22  (6) the entrance to any business that sells alcoholic 
23 liquor is more than 100 feet from the entrance to the 
24 school;
25  (7) the alderman of the ward where the premises is 
26 located has given written approval of the issuance of the 
 
 
HB3775- 26 -LRB098 15046 RPS 50008 b


1 license; and
2  (8) the principal of the school has given written 
3 consent to the issuance of the license.
4 (ff) Notwithstanding any provision of this Section to the 
5contrary, nothing in this Section shall prohibit the issuance 
6or renewal of a license authorizing the sale of alcoholic 
7liquor at a premises that is located within a municipality with 
8a population in excess of 1,000,000 inhabitants and within 100 
9feet of a school if:
10  (1) the sale of alcoholic liquor is not the principal 
11 business carried on at the premises;
12  (2) the sale of alcoholic liquor at the premises is 
13 incidental to the operation of a theater;
14  (3) the premises is a one and one-half-story building 
15 of approximately 10,000 square feet;
16  (4) the school is a City of Chicago School District 299 
17 school;
18  (5) the primary entrance of the premises and the 
19 primary entrance of the school are at least 300 feet apart 
20 and no more than 400 feet apart;
21  (6) the alderman of the ward in which the premises is 
22 located has expressed, in writing, his support for the 
23 issuance of the license; and
24  (7) the principal of the school has expressed, in 
25 writing, that there is no objection to the issuance of a 
26 license under this subsection (ff). 
 
 
HB3775- 27 -LRB098 15046 RPS 50008 b


1 (gg) Notwithstanding any provision of this Section to the 
2contrary, nothing in this Section shall prohibit the issuance 
3or renewal of a license authorizing the sale of alcoholic 
4liquor incidental to the sale of food within a restaurant or 
5banquet facility established in a premises that is located in a 
6municipality with a population in excess of 1,000,000 
7inhabitants and within 100 feet of a church if: 
8  (1) the sale of alcoholic liquor is not the principal 
9 business carried on by the licensee at the premises; 
10  (2) the property on which the church is located and the 
11 property on which the premises are located are both within 
12 a district originally listed on the National Register of 
13 Historic Places on February 14, 1979; 
14  (3) the property on which the premises are located 
15 contains one or more multi-story buildings that are at 
16 least 95 years old and have no more than three stories; 
17  (4) the building in which the church is located is at 
18 least 120 years old; 
19  (5) the property on which the church is located is 
20 immediately adjacent to and west of the property on which 
21 the premises are located; 
22  (6) the western boundary of the property on which the 
23 premises are located is no less than 118 feet in length and 
24 no more than 122 feet in length; 
25  (7) as of December 31, 2012, both the church property 
26 and the property on which the premises are located are 
 
 
HB3775- 28 -LRB098 15046 RPS 50008 b


1 within 250 feet of City of Chicago Business-Residential 
2 Planned Development Number 38; 
3  (8) the principal religious leader at the place of 
4 worship has indicated his or her support for the issuance 
5 of the license in writing; and 
6  (9) the alderman in whose district the premises are 
7 located has expressed his or her support for the issuance 
8 of the license in writing. 
9 For the purposes of this subsection, "banquet facility" 
10means the part of the building that is located on the floor 
11above a restaurant and caters to private parties and where the 
12sale of alcoholic liquors is not the principal business. 
13 (hh) Notwithstanding any provision of this Section to the 
14contrary, nothing in this Section shall prohibit the issuance 
15or renewal of a license authorizing the sale of alcoholic 
16liquor within a hotel and at an outdoor patio area attached to 
17the hotel that are located in a municipality with a population 
18in excess of 1,000,000 inhabitants and that are within 100 feet 
19of a hospital if: 
20  (1) the sale of alcoholic liquor is not the principal 
21 business carried on by the licensee at the hotel;
22  (2) the hotel is located within the City of Chicago 
23 Business Planned Development Number 468; and 
24  (3) the hospital is located within the City of Chicago 
25 Institutional Planned Development Number 3. 
26 (ii) Notwithstanding any provision of this Section to the 
 
 
HB3775- 29 -LRB098 15046 RPS 50008 b


1contrary, nothing in this Section shall prohibit the issuance 
2or renewal of a license authorizing the sale of alcoholic 
3liquor within a restaurant and at an outdoor patio area 
4attached to the restaurant that are located in a municipality 
5with a population in excess of 1,000,000 inhabitants and that 
6are within 100 feet of a church if: 
7  (1) the sale of alcoholic liquor at the premises is not 
8 the principal business carried on by the licensee and is 
9 incidental to the sale of food; 
10  (2) the restaurant has been operated on the street 
11 level of a 2-story building located on a corner lot since 
12 2008;
13  (3) the restaurant is between 3,700 and 4,000 square 
14 feet and sits on a lot that is no more than 6,200 square 
15 feet;
16  (4) the primary entrance to the restaurant and the 
17 primary entrance to the church are located on the same 
18 street;
19  (5) the street on which the restaurant and the church 
20 are located is a major east-west street;
21  (6) the restaurant and the church are separated by a 
22 one-way northbound street;
23  (7) the church is located to the west of and no more 
24 than 65 feet from the restaurant; and
25  (8) the principal religious leader at the place of 
26 worship has indicated his or her consent to the issuance of 
 
 
HB3775- 30 -LRB098 15046 RPS 50008 b


1 the license in writing. 
2 (jj) Notwithstanding any provision of this Section to the 
3contrary, nothing in this Section shall prohibit the issuance 
4or renewal of a license authorizing the sale of alcoholic 
5liquor at premises located within a municipality with a 
6population in excess of 1,000,000 inhabitants and within 100 
7feet of a church if: 
8  (1) the sale of alcoholic liquor is not the principal 
9 business carried on by the licensee at the premises; 
10  (2) the sale of alcoholic liquor is incidental to the 
11 sale of food; 
12  (3) the premises are located east of the church, on 
13 perpendicular streets, and separated by an alley; 
14  (4) the distance between the primary entrance of the 
15 premises and the primary entrance of the church is at least 
16 175 feet; 
17  (5) the distance between the property line of the 
18 premises and the property line of the church is at least 40 
19 feet; 
20  (6) the licensee has been operating at the premises 
21 since 2012; 
22  (7) the church was constructed in 1904; 
23  (8) 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; and 
26  (9) the principal religious leader of the church has 
 
 
HB3775- 31 -LRB098 15046 RPS 50008 b


1 delivered a written statement that he or she does not 
2 object to the issuance of a license under this subsection 
3 (jj). 
4 (kk) Notwithstanding any provision of this Section to the 
5contrary, nothing in this Section shall prohibit the issuance 
6or renewal of a license authorizing the sale of alcoholic 
7liquor at a premises that is located within a municipality with 
8a population in excess of 1,000,000 inhabitants and within 100 
9feet of a school if: 
10  (1) the sale of alcoholic liquor is not the principal 
11 business carried on by the licensee at the premises;
12  (2) the licensee shall only sell packaged liquors on 
13 the premises;
14  (3) the licensee is a national retail chain;
15  (4) as of February 27, 2013, the licensee had 1,778 
16 stores operating nationwide, 89 operating in this State, 
17 and 11 stores operating within the municipality;
18  (5) the licensee shall occupy approximately 169,048 
19 square feet of space within a building that is located 
20 across the street from a tuition-based preschool; and
21  (6) the alderman of the ward in which the premises is 
22 located has expressed, in writing, his or her support for 
23 the issuance of the license. 
24 (ll) Notwithstanding any provision of this Section to the 
25contrary, nothing in this Section shall prohibit the issuance 
26or renewal of a license authorizing the sale of alcoholic 
 
 
HB3775- 32 -LRB098 15046 RPS 50008 b


1liquor at a premises that is located within a municipality with 
2a population in excess of 1,000,000 inhabitants and within 100 
3feet of a school if: 
4  (1) the sale of alcoholic liquor is not the principal 
5 business carried on by the licensee at the premises;
6  (2) the licensee shall only sell packaged liquors on 
7 the premises;
8  (3) the licensee is a national retail chain;
9  (4) as of February 27, 2013, the licensee had 1,778 
10 stores operating nationwide, 89 operating in this State, 
11 and 11 stores operating within the municipality;
12  (5) the licensee shall occupy approximately 191,535 
13 square feet of space within a building that is located 
14 across the street from an elementary school; and
15  (6) the alderman of the ward in which the premises is 
16 located has expressed, in writing, his or her support for 
17 the issuance of the license. 
18 (mm) Notwithstanding any provision of this Section to the 
19contrary, nothing in this Section shall prohibit the issuance 
20or renewal of a license authorizing the sale of alcoholic 
21liquor within premises and at an outdoor patio or sidewalk 
22cafe, or both, attached to premises that are located in a 
23municipality with a population in excess of 1,000,000 
24inhabitants and that are within 100 feet of a hospital if:
25  (1) the primary business of the restaurant consists of 
26 the sale of food where the sale of liquor is incidental to 
 
 
HB3775- 33 -LRB098 15046 RPS 50008 b


1 the sale of food;
2  (2) as a restaurant, the premises may or may not offer 
3 catering as an incidental part of food service;
4  (3) the primary business of the restaurant is conducted 
5 in space owned by a hospital or an entity owned or 
6 controlled by, under common control with, or that controls 
7 a hospital, and the chief hospital administrator has 
8 expressed his or her support for the issuance of the 
9 license in writing; and
10  (4) the hospital is an adult acute care facility 
11 primarily located within the City of Chicago Institutional 
12 Planned Development Number 3.
13 (nn) Notwithstanding any provision of this Section to the 
14contrary, nothing in this Section shall prohibit the issuance 
15or renewal of a license authorizing the sale of alcoholic 
16liquor at a premises that is located within a municipality with 
17a population in excess of 1,000,000 inhabitants and within 100 
18feet of a church if:
19  (1) the sale of alcoholic liquor is not the principal 
20 business carried out on the premises;
21  (2) the sale of alcoholic liquor at the premises is 
22 incidental to the operation of a theater;
23  (3) the premises are a building that was constructed in 
24 1913 and opened on May 24, 1915 as a vaudeville theater, 
25 and the premises were converted to a motion picture theater 
26 in 1935;
 
 
HB3775- 34 -LRB098 15046 RPS 50008 b


1  (4) the church was constructed in 1889 with a stone 
2 exterior;
3  (5) the primary entrance of the premises and the 
4 primary entrance of the church are at least 100 feet apart; 
5 and
6  (6) the principal religious leader at the place of 
7 worship has indicated his or her consent to the issuance of 
8 the license in writing; and
9  (7) the alderman in whose ward the premises are located 
10 has expressed his or her support for the issuance of the 
11 license in writing. 
12 (oo) Notwithstanding any provision of this Section to the 
13contrary, nothing in this Section shall prohibit the issuance 
14or renewal of a license authorizing the sale of alcoholic 
15liquor at a premises that is located within a municipality with 
16a population in excess of 1,000,000 inhabitants and within 100 
17feet of a mosque, church, or other place of worship if:
18  (1) the primary entrance of the premises and the 
19 primary entrance of the mosque, church, or other place of 
20 worship are perpendicular and are on different streets;
21  (2) the primary entrance to the premises faces West and 
22 the primary entrance to the mosque, church, or other place 
23 of worship faces north South;
24  (3) the distance between the 2 primary entrances is at 
25 least 100 feet;
26  (4) the mosque, church, or other place of worship was 
 
 
HB3775- 35 -LRB098 15046 RPS 50008 b


1 established in a location within 100 feet of the premises 
2 after a license for the sale of alcohol at the premises was 
3 first issued;
4  (5) the mosque, church, or other place of worship was 
5 established on or around January 1, 2011;
6  (6) a license for the sale of alcohol at the premises 
7 was first issued on or before January 1, 1985;
8  (7) a license for the sale of alcohol at the premises 
9 has been continuously in effect since January 1, 1985, 
10 except for interruptions between licenses of no more than 
11 90 days; and
12  (8) the premises are a single-story, single-use 
13 building of at least 3,000 square feet and no more than 
14 3,380 square feet; and .
15  (9) the alderman in whose ward the premises are located 
16 has expressed his or her support for the issuance of the 
17 license in writing. 
18 (pp) Notwithstanding any provision of this Section to the 
19contrary, nothing in this Section shall prohibit the issuance 
20or renewal of a license authorizing the sale of alcoholic 
21liquor incidental to the sale of food within a restaurant or 
22banquet facility established on premises that are located in a 
23municipality with a population in excess of 1,000,000 
24inhabitants and within 100 feet of at least one church if: 
25  (1) the sale of liquor shall not be the principal 
26 business carried on by the licensee at the premises; 
 
 
HB3775- 36 -LRB098 15046 RPS 50008 b


1  (2) the premises are at least 6,500 square feet and no 
2 more than 7,500 square feet and is located in a 
3 single-story building; 
4  (3) the property on which the premises are located is 
5 within an area that, as of 2009, was designated as a 
6 Renewal Community by the United States Department of 
7 Housing and Urban Development; 
8  (4) the property on which the premises are located and 
9 the properties on which the churches are located are on the 
10 same street; 
11  (5) the property on which the premises are located is 
12 immediately adjacent to and east of the property on which 
13 at least one of the churches is located; 
14  (6) the property on which the premises are located is 
15 across the street and southwest of the property on which 
16 another church is located; 
17  (7) the principal religious leaders of the churches 
18 have indicated their support for the issuance of the 
19 license in writing; and 
20  (8) the alderman in whose ward the premises are located 
21 has expressed his or her support for the issuance of the 
22 license in writing. 
23 For purposes of this subsection (pp), "banquet facility" 
24means the part of the building that caters to private parties 
25and where the sale of alcoholic liquors is not the principal 
26business. 
 
 
HB3775- 37 -LRB098 15046 RPS 50008 b


1 (qq) Notwithstanding any provision of this Section to the 
2contrary, nothing in this Section shall prohibit the issuance 
3or renewal of a license authorizing the sale of alcoholic 
4liquor on premises that are located within a municipality with 
5a population in excess of 1,000,000 inhabitants and within 100 
6feet of a church or school if:
7  (1) the primary entrance of the premises and the 
8 closest entrance of the church or school are at least 200 
9 feet apart and no greater than 300 feet apart; 
10  (2) the shortest distance between the premises and the 
11 church or school is at least 35 feet apart and no greater 
12 than 45 feet apart; 
13  (3) the premises are a single-story, steel-framed 
14 commercial building with at least 18,042 square feet, and 
15 was constructed in 1925 and 1997; 
16  (4) the owner of the business operated within the 
17 premises has been the general manager of a similar 
18 supermarket within one mile from the premises, which has 
19 had a valid license authorizing the sale of alcoholic 
20 liquor since 2002, and is in good standing with the City of 
21 Chicago; 
22  (5) the principal religious leader at the place of 
23 worship has indicated his or her support to the issuance or 
24 renewal of the license in writing; 
25  (6) the alderman of the ward has indicated his or her 
26 support to the issuance or renewal of the license in 
 
 
HB3775- 38 -LRB098 15046 RPS 50008 b


1 writing; and 
2  (7) the principal of the school has indicated his or 
3 her support to the issuance or renewal of the license in 
4 writing. 
5(Source: P.A. 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634, 
6eff. 12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12; 
797-806, eff. 7-13-12; 97-1166, eff. 3-1-13; 98-274, eff. 
88-9-13; 98-463, eff. 8-16-13; 98-571, eff. 8-27-13; 98-592, 
9eff. 11-15-13.)



10 Section 99. Effective date. This Act takes effect upon 
11becoming law.