Bill Text: IL HB3801 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Liquor Control Act of 1934. Authorizes the sale of alcoholic liquor within 100 feet of a specific church located in the City of Chicago. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB3801 Detail]

Download: Illinois-2015-HB3801-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3801 Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
235 ILCS 5/6-11
Amends the Liquor Control Act of 1934. Authorizes the sale of alcoholic liquor within 100 feet of a specific church located in the City of Chicago. Effective immediately.
LRB099 11195 RPS 31721 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3801 LRB099 11195 RPS 31721 b
AN ACT concerning liquor.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Section 6-11 as follows:
(235 ILCS 5/6-11)
Sec. 6-11. Sale near churches, schools, and hospitals.
(a) No license shall be issued for the sale at retail of
any alcoholic liquor within 100 feet of any church, school
other than an institution of higher learning, hospital, home
for aged or indigent persons or for veterans, their spouses or
children or any military or naval station, provided, that this
prohibition shall not apply to hotels offering restaurant
service, regularly organized clubs, or to restaurants, food
shops or other places where sale of alcoholic liquors is not
the principal business carried on if the place of business so
exempted is not located in a municipality of more than 500,000
persons, unless required by local ordinance; nor to the renewal
of a license for the sale at retail of alcoholic liquor on
premises within 100 feet of any church or school where the
church or school has been established within such 100 feet
since the issuance of the original license. In the case of a
church, the distance of 100 feet shall be measured to the

HB3801 - 2 - LRB099 11195 RPS 31721 b
nearest part of any building used for worship services or
educational programs and not to property boundaries.
(b) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor to a
restaurant, the primary business of which is the sale of goods
baked on the premises if (i) the restaurant is newly
constructed and located on a lot of not less than 10,000 square
feet, (ii) the restaurant costs at least $1,000,000 to
construct, (iii) the licensee is the titleholder to the
premises and resides on the premises, and (iv) the construction
of the restaurant is completed within 18 months of the
effective date of this amendatory Act of 1998.
(c) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor
incidental to a restaurant if (1) the primary business of the
restaurant consists of the sale of food where the sale of
liquor is incidental to the sale of food and the applicant is a
completely new owner of the restaurant, (2) the immediately
prior owner or operator of the premises where the restaurant is
located operated the premises as a restaurant and held a valid
retail license authorizing the sale of alcoholic liquor at the
restaurant for at least part of the 24 months before the change
of ownership, and (3) the restaurant is located 75 or more feet
from a school.
(d) In the interest of further developing Illinois' economy
in the area of commerce, tourism, convention, and banquet

HB3801 - 3 - LRB099 11195 RPS 31721 b
business, nothing in this Section shall prohibit issuance of a
retail license authorizing the sale of alcoholic beverages to a
restaurant, banquet facility, grocery store, or hotel having
not fewer than 150 guest room accommodations located in a
municipality of more than 500,000 persons, notwithstanding the
proximity of such hotel, restaurant, banquet facility, or
grocery store to any church or school, if the licensed premises
described on the license are located within an enclosed mall or
building of a height of at least 6 stories, or 60 feet in the
case of a building that has been registered as a national
landmark, or in a grocery store having a minimum of 56,010
square feet of floor space in a single story building in an
open mall of at least 3.96 acres that is adjacent to a public
school that opened as a boys technical high school in 1934, or
in a grocery store having a minimum of 31,000 square feet of
floor space in a single story building located a distance of
more than 90 feet but less than 100 feet from a high school
that opened in 1928 as a junior high school and became a senior
high school in 1933, and in each of these cases if the sale of
alcoholic liquors is not the principal business carried on by
the licensee.
For purposes of this Section, a "banquet facility" is any
part of a building that caters to private parties and where the
sale of alcoholic liquors is not the principal business.
(e) Nothing in this Section shall prohibit the issuance of
a license to a church or private school to sell at retail

HB3801 - 4 - LRB099 11195 RPS 31721 b
alcoholic liquor if any such sales are limited to periods when
groups are assembled on the premises solely for the promotion
of some common object other than the sale or consumption of
alcoholic liquors.
(f) Nothing in this Section shall prohibit a church or
church affiliated school located in a home rule municipality or
in a municipality with 75,000 or more inhabitants from locating
within 100 feet of a property for which there is a preexisting
license to sell alcoholic liquor at retail. In these instances,
the local zoning authority may, by ordinance adopted
simultaneously with the granting of an initial special use
zoning permit for the church or church affiliated school,
provide that the 100-foot restriction in this Section shall not
apply to that church or church affiliated school and future
retail liquor licenses.
(g) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor at
premises within 100 feet, but not less than 90 feet, of a
public school if (1) the premises have been continuously
licensed to sell alcoholic liquor for a period of at least 50
years, (2) the premises are located in a municipality having a
population of over 500,000 inhabitants, (3) the licensee is an
individual who is a member of a family that has held the
previous 3 licenses for that location for more than 25 years,
(4) the principal of the school and the alderman of the ward in
which the school is located have delivered a written statement

HB3801 - 5 - LRB099 11195 RPS 31721 b
to the local liquor control commissioner stating that they do
not object to the issuance of a license under this subsection
(g), and (5) the local liquor control commissioner has received
the written consent of a majority of the registered voters who
live within 200 feet of the premises.
(h) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within premises and at an outdoor patio area attached to
premises that are located in a municipality with a population
in excess of 300,000 inhabitants and that are within 100 feet
of a church if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food,
(2) the sale of liquor is not the principal business
carried on by the licensee at the premises,
(3) the premises are less than 1,000 square feet,
(4) the premises are owned by the University of
Illinois,
(5) the premises are immediately adjacent to property
owned by a church and are not less than 20 nor more than 40
feet from the church space used for worship services, and
(6) the principal religious leader at the place of
worship has indicated his or her support for the issuance
of the license in writing.
(i) Notwithstanding any provision in this Section to the

HB3801 - 6 - LRB099 11195 RPS 31721 b
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 300,000 inhabitants and is within 100 feet of a
church, synagogue, or other place of worship if:
(1) the primary entrance of the premises and the
primary entrance of the church, synagogue, or other place
of worship are at least 100 feet apart, on parallel
streets, and separated by an alley; and
(2) the principal religious leader at the place of
worship has not indicated his or her opposition to the
issuance or renewal of the license in writing.
(j) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
of a retail license authorizing the sale of alcoholic liquor at
a theater that is within 100 feet of a church if (1) the church
owns the theater, (2) the church leases the theater to one or
more entities, and (3) the theater is used by at least 5
different not-for-profit theater groups.
(k) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
(1) the primary entrance of the premises and the

HB3801 - 7 - LRB099 11195 RPS 31721 b
primary entrance of the school are parallel, on different
streets, and separated by an alley;
(2) the southeast corner of the premises are at least
350 feet from the southwest corner of the school;
(3) the school was built in 1978;
(4) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(6) the applicant is the owner of the restaurant and
has held a valid license authorizing the sale of alcoholic
liquor for the business to be conducted on the premises at
a different location for more than 7 years; and
(7) the premises is at least 2,300 square feet and sits
on a lot that is between 6,100 and 6,150 square feet.
(l) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a church or school if:
(1) the primary entrance of the premises and the
closest entrance of the church or school is at least 90
feet apart and no greater than 95 feet apart;
(2) the shortest distance between the premises and the
church or school is at least 80 feet apart and no greater

HB3801 - 8 - LRB099 11195 RPS 31721 b
than 85 feet apart;
(3) the applicant is the owner of the restaurant and on
November 15, 2006 held a valid license authorizing the sale
of alcoholic liquor for the business to be conducted on the
premises for at least 14 different locations;
(4) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(6) the premises is at least 3,200 square feet and sits
on a lot that is between 7,150 and 7,200 square feet; and
(7) the principal religious leader at the place of
worship has not indicated his or her opposition to the
issuance or renewal of the license in writing.
(m) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a church if:
(1) the premises and the church are perpendicular, and
the primary entrance of the premises faces South while the
primary entrance of the church faces West and the distance
between the two entrances is more than 100 feet;
(2) the shortest distance between the premises lot line
and the exterior wall of the church is at least 80 feet;

HB3801 - 9 - LRB099 11195 RPS 31721 b
(3) the church was established at the current location
in 1916 and the present structure was erected in 1925;
(4) the premises is a single story, single use building
with at least 1,750 square feet and no more than 2,000
square feet;
(5) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(6) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises; and
(7) the principal religious leader at the place of
worship has not indicated his or her opposition to the
issuance or renewal of the license in writing.
(n) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
(1) the school is a City of Chicago School District 299
school;
(2) the school is located within subarea E of City of
Chicago Residential Business Planned Development Number
70;
(3) the sale of alcoholic liquor is not the principal
business carried on by the licensee on the premises;
(4) the sale of alcoholic liquor at the premises is

HB3801 - 10 - LRB099 11195 RPS 31721 b
incidental to the sale of food; and
(5) the administration of City of Chicago School
District 299 has expressed, in writing, its support for the
issuance of the license.
(o) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a retail license authorizing the sale of
alcoholic liquor at a premises that is located within a
municipality in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the premises is located on a street that runs
perpendicular to the street on which the church is located;
(4) the primary entrance of the premises is at least
100 feet from the primary entrance of the church;
(5) the shortest distance between any part of the
premises and any part of the church is at least 60 feet;
(6) the premises is between 3,600 and 4,000 square feet
and sits on a lot that is between 3,600 and 4,000 square
feet; and
(7) the premises was built in the year 1909.
For purposes of this subsection (o), "premises" means a
place of business together with a privately owned outdoor

HB3801 - 11 - LRB099 11195 RPS 31721 b
location that is adjacent to the place of business.
(p) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the shortest distance between the backdoor of the
premises, which is used as an emergency exit, and the
church is at least 80 feet;
(2) the church was established at the current location
in 1889; and
(3) liquor has been sold on the premises since at least
1985.
(q) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a premises that is located in a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church-owned property if:
(1) the premises is located within a larger building
operated as a grocery store;
(2) the area of the premises does not exceed 720 square
feet and the area of the larger building exceeds 18,000
square feet;
(3) the larger building containing the premises is

HB3801 - 12 - LRB099 11195 RPS 31721 b
within 100 feet of the nearest property line of a
church-owned property on which a church-affiliated school
is located;
(4) the sale of liquor is not the principal business
carried on within the larger building;
(5) the primary entrance of the larger building and the
premises and the primary entrance of the church-affiliated
school are on different, parallel streets, and the distance
between the 2 primary entrances is more than 100 feet;
(6) the larger building is separated from the
church-owned property and church-affiliated school by an
alley;
(7) the larger building containing the premises and the
church building front are on perpendicular streets and are
separated by a street; and
(8) (Blank).
(r) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance,
renewal, or maintenance of a license authorizing the sale of
alcoholic liquor incidental to the sale of food within a
restaurant established in a premises that is located in a
municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church if:
(1) the primary entrance of the church and the primary
entrance of the restaurant are at least 100 feet apart;
(2) the restaurant has operated on the ground floor and

HB3801 - 13 - LRB099 11195 RPS 31721 b
lower level of a multi-story, multi-use building for more
than 40 years;
(3) the primary business of the restaurant consists of
the sale of food where the sale of liquor is incidental to
the sale of food;
(4) the sale of alcoholic liquor is conducted primarily
in the below-grade level of the restaurant to which the
only public access is by a staircase located inside the
restaurant; and
(5) the restaurant has held a license authorizing the
sale of alcoholic liquor on the premises for more than 40
years.
(s) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit renewal of a
license authorizing the sale of alcoholic liquor at a premises
that is located within a municipality with a population more
than 5,000 and less than 10,000 and is within 100 feet of a
church if:
(1) the church was established at the location within
100 feet of the premises after a license for the sale of
alcoholic liquor at the premises was first issued;
(2) a license for sale of alcoholic liquor at the
premises was first issued before January 1, 2007; and
(3) a license for the sale of alcoholic liquor on the
premises has been continuously in effect since January 1,
2007, except for interruptions between licenses of no more

HB3801 - 14 - LRB099 11195 RPS 31721 b
than 90 days.
(t) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor incidental to the sale of food within a restaurant that
is established in a premises that is located in a municipality
with a population in excess of 1,000,000 inhabitants and within
100 feet of a school and a church if:
(1) the restaurant is located inside a five-story
building with over 16,800 square feet of commercial space;
(2) the area of the premises does not exceed 31,050
square feet;
(3) the area of the restaurant does not exceed 5,800
square feet;
(4) the building has no less than 78 condominium units;
(5) the construction of the building in which the
restaurant is located was completed in 2006;
(6) the building has 10 storefront properties, 3 of
which are used for the restaurant;
(7) the restaurant will open for business in 2010;
(8) the building is north of the school and separated
by an alley; and
(9) the principal religious leader of the church and
either the alderman of the ward in which the school is
located or the principal of the school have delivered a
written statement to the local liquor control commissioner

HB3801 - 15 - LRB099 11195 RPS 31721 b
stating that he or she does not object to the issuance of a
license under this subsection (t).
(u) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 1,000,000 inhabitants and within 100 feet of a school
if:
(1) the premises operates as a restaurant and has been
in operation since February 2008;
(2) the applicant is the owner of the premises;
(3) the sale of alcoholic liquor is incidental to the
sale of food;
(4) the sale of alcoholic liquor is not the principal
business carried on by the licensee on the premises;
(5) the premises occupy the first floor of a 3-story
building that is at least 90 years old;
(6) the rear lot of the school and the rear corner of
the building that the premises occupy are separated by an
alley;
(7) the distance from the southwest corner of the
property line of the school and the northeast corner of the
building that the premises occupy is at least 16 feet, 5
inches;
(8) the distance from the rear door of the premises to
the southwest corner of the property line of the school is

HB3801 - 16 - LRB099 11195 RPS 31721 b
at least 93 feet;
(9) the school is a City of Chicago School District 299
school;
(10) the school's main structure was erected in 1902
and an addition was built to the main structure in 1959;
and
(11) the principal of the school and the alderman in
whose district the premises are located have expressed, in
writing, their support for the issuance of the license.
(v) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
(1) the total land area of the premises for which the
license or renewal is sought is more than 600,000 square
feet;
(2) the premises for which the license or renewal is
sought has more than 600 parking stalls;
(3) the total area of all buildings on the premises for
which the license or renewal is sought exceeds 140,000
square feet;
(4) the property line of the premises for which the
license or renewal is sought is separated from the property
line of the school by a street;

HB3801 - 17 - LRB099 11195 RPS 31721 b
(5) the distance from the school's property line to the
property line of the premises for which the license or
renewal is sought is at least 60 feet;
(6) as of the effective date of this amendatory Act of
the 97th General Assembly, the premises for which the
license or renewal is sought is located in the Illinois
Medical District.
(w) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 1,000,000 inhabitants and within 100 feet of a church
if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the premises occupy the first floor and basement of
a 2-story building that is 106 years old;
(4) the premises is at least 7,000 square feet and
located on a lot that is at least 11,000 square feet;
(5) the premises is located directly west of the
church, on perpendicular streets, and separated by an
alley;
(6) the distance between the property line of the
premises and the property line of the church is at least 20

HB3801 - 18 - LRB099 11195 RPS 31721 b
feet;
(7) the distance between the primary entrance of the
premises and the primary entrance of the church is at least
130 feet; and
(8) the church has been at its location for at least 40
years.
(x) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the church has been operating in its current
location since 1973;
(3) the premises has been operating in its current
location since 1988;
(4) the church and the premises are owned by the same
parish;
(5) the premises is used for cultural and educational
purposes;
(6) the primary entrance to the premises and the
primary entrance to the church are located on the same
street;
(7) the principal religious leader of the church has

HB3801 - 19 - LRB099 11195 RPS 31721 b
indicated his support of the issuance of the license;
(8) the premises is a 2-story building of approximately
23,000 square feet; and
(9) the premises houses a ballroom on its ground floor
of approximately 5,000 square feet.
(y) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(3) according to the municipality, the distance
between the east property line of the premises and the west
property line of the school is 97.8 feet;
(4) the school is a City of Chicago School District 299
school;
(5) the school has been operating since 1959;
(6) the primary entrance to the premises and the
primary entrance to the school are located on the same
street;
(7) the street on which the entrances of the premises
and the school are located is a major diagonal

HB3801 - 20 - LRB099 11195 RPS 31721 b
thoroughfare;
(8) the premises is a single-story building of
approximately 2,900 square feet; and
(9) the premises is used for commercial purposes only.
(z) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a mosque if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at
the premises;
(3) the licensee is a national retail chain having over
100 locations within the municipality;
(4) the licensee has over 8,000 locations nationwide;
(5) the licensee has locations in all 50 states;
(6) the premises is located in the North-East quadrant
of the municipality;
(7) the premises is a free-standing building that has
"drive-through" pharmacy service;
(8) the premises has approximately 14,490 square feet
of retail space;
(9) the premises has approximately 799 square feet of
pharmacy space;

HB3801 - 21 - LRB099 11195 RPS 31721 b
(10) the premises is located on a major arterial street
that runs east-west and accepts truck traffic; and
(11) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license.
(aa) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at
the premises;
(3) the licensee is a national retail chain having over
100 locations within the municipality;
(4) the licensee has over 8,000 locations nationwide;
(5) the licensee has locations in all 50 states;
(6) the premises is located in the North-East quadrant
of the municipality;
(7) the premises is located across the street from a
national grocery chain outlet;
(8) the premises has approximately 16,148 square feet
of retail space;
(9) the premises has approximately 992 square feet of

HB3801 - 22 - LRB099 11195 RPS 31721 b
pharmacy space;
(10) the premises is located on a major arterial street
that runs north-south and accepts truck traffic; and
(11) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license.
(bb) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(3) the primary entrance to the premises and the
primary entrance to the church are located on the same
street;
(4) the premises is across the street from the church;
(5) the street on which the premises and the church are
located is a major arterial street that runs east-west;
(6) the church is an elder-led and Bible-based Assyrian
church;
(7) the premises and the church are both single-story
buildings;

HB3801 - 23 - LRB099 11195 RPS 31721 b
(8) the storefront directly west of the church is being
used as a restaurant; and
(9) the distance between the northern-most property
line of the premises and the southern-most property line of
the church is 65 feet.
(cc) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at
the premises;
(3) the licensee is a national retail chain;
(4) as of October 25, 2011, the licensee has 1,767
stores operating nationwide, 87 stores operating in the
State, and 10 stores operating within the municipality;
(5) the licensee shall occupy approximately 124,000
square feet of space in the basement and first and second
floors of a building located across the street from a
school;
(6) the school opened in August of 2009 and occupies
approximately 67,000 square feet of space; and
(7) the building in which the premises shall be located

HB3801 - 24 - LRB099 11195 RPS 31721 b
has been listed on the National Register of Historic Places
since April 17, 1970.
(dd) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at a premises that
is located within a municipality with a population in excess of
1,000,000 inhabitants and is within 100 feet of a school if:
(1) the premises is constructed on land that was
purchased from the municipality at a fair market price;
(2) the premises is constructed on land that was
previously used as a parking facility for public safety
employees;
(3) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(4) the main entrance to the store is more than 100
feet from the main entrance to the school;
(5) the premises is to be new construction;
(6) the school is a private school;
(7) the principal of the school has given written
approval for the license;
(8) the alderman of the ward where the premises is
located has given written approval of the issuance of the
license;
(9) the grocery store level of the premises is between
60,000 and 70,000 square feet; and

HB3801 - 25 - LRB099 11195 RPS 31721 b
(10) the owner and operator of the grocery store
operates 2 other grocery stores that have alcoholic liquor
licenses within the same municipality.
(ee) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at a premises that
is located within a municipality with a population in excess of
1,000,000 inhabitants and is within 100 feet of a school if:
(1) the premises is constructed on land that once
contained an industrial steel facility;
(2) the premises is located on land that has undergone
environmental remediation;
(3) the premises is located within a retail complex
containing retail stores where some of the stores sell
alcoholic beverages;
(4) the principal activity of any restaurant in the
retail complex is the sale of food, and the sale of
alcoholic liquor is incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal
business carried on by the grocery store;
(6) the entrance to any business that sells alcoholic
liquor is more than 100 feet from the entrance to the
school;
(7) the alderman of the ward where the premises is
located has given written approval of the issuance of the

HB3801 - 26 - LRB099 11195 RPS 31721 b
license; and
(8) the principal of the school has given written
consent to the issuance of the license.
(ff) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a theater;
(3) the premises is a one and one-half-story building
of approximately 10,000 square feet;
(4) the school is a City of Chicago School District 299
school;
(5) the primary entrance of the premises and the
primary entrance of the school are at least 300 feet apart
and no more than 400 feet apart;
(6) the alderman of the ward in which the premises is
located has expressed, in writing, his support for the
issuance of the license; and
(7) the principal of the school has expressed, in
writing, that there is no objection to the issuance of a
license under this subsection (ff).

HB3801 - 27 - LRB099 11195 RPS 31721 b
(gg) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor incidental to the sale of food within a restaurant or
banquet facility established in a premises that is located in a
municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the property on which the church is located and the
property on which the premises are located are both within
a district originally listed on the National Register of
Historic Places on February 14, 1979;
(3) the property on which the premises are located
contains one or more multi-story buildings that are at
least 95 years old and have no more than three stories;
(4) the building in which the church is located is at
least 120 years old;
(5) the property on which the church is located is
immediately adjacent to and west of the property on which
the premises are located;
(6) the western boundary of the property on which the
premises are located is no less than 118 feet in length and
no more than 122 feet in length;
(7) as of December 31, 2012, both the church property
and the property on which the premises are located are

HB3801 - 28 - LRB099 11195 RPS 31721 b
within 250 feet of City of Chicago Business-Residential
Planned Development Number 38;
(8) the principal religious leader at the place of
worship has indicated his or her support for the issuance
of the license in writing; and
(9) the alderman in whose district the premises are
located has expressed his or her support for the issuance
of the license in writing.
For the purposes of this subsection, "banquet facility"
means the part of the building that is located on the floor
above a restaurant and caters to private parties and where the
sale of alcoholic liquors is not the principal business.
(hh) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a hotel and at an outdoor patio area attached to
the hotel that are located in a municipality with a population
in excess of 1,000,000 inhabitants and that are within 100 feet
of a hospital if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the hotel;
(2) the hotel is located within the City of Chicago
Business Planned Development Number 468; and
(3) the hospital is located within the City of Chicago
Institutional Planned Development Number 3.
(ii) Notwithstanding any provision of this Section to the

HB3801 - 29 - LRB099 11195 RPS 31721 b
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a restaurant and at an outdoor patio area
attached to the restaurant that are located in a municipality
with a population in excess of 1,000,000 inhabitants and that
are within 100 feet of a church if:
(1) the sale of alcoholic liquor at the premises is not
the principal business carried on by the licensee and is
incidental to the sale of food;
(2) the restaurant has been operated on the street
level of a 2-story building located on a corner lot since
2008;
(3) the restaurant is between 3,700 and 4,000 square
feet and sits on a lot that is no more than 6,200 square
feet;
(4) the primary entrance to the restaurant and the
primary entrance to the church are located on the same
street;
(5) the street on which the restaurant and the church
are located is a major east-west street;
(6) the restaurant and the church are separated by a
one-way northbound street;
(7) the church is located to the west of and no more
than 65 feet from the restaurant; and
(8) the principal religious leader at the place of
worship has indicated his or her consent to the issuance of

HB3801 - 30 - LRB099 11195 RPS 31721 b
the license in writing.
(jj) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is incidental to the
sale of food;
(3) the premises are located east of the church, on
perpendicular streets, and separated by an alley;
(4) the distance between the primary entrance of the
premises and the primary entrance of the church is at least
175 feet;
(5) the distance between the property line of the
premises and the property line of the church is at least 40
feet;
(6) the licensee has been operating at the premises
since 2012;
(7) the church was constructed in 1904;
(8) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license; and
(9) the principal religious leader of the church has

HB3801 - 31 - LRB099 11195 RPS 31721 b
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(jj).
(kk) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors on
the premises;
(3) the licensee is a national retail chain;
(4) as of February 27, 2013, the licensee had 1,778
stores operating nationwide, 89 operating in this State,
and 11 stores operating within the municipality;
(5) the licensee shall occupy approximately 169,048
square feet of space within a building that is located
across the street from a tuition-based preschool; and
(6) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license.
(ll) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic

HB3801 - 32 - LRB099 11195 RPS 31721 b
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors on
the premises;
(3) the licensee is a national retail chain;
(4) as of February 27, 2013, the licensee had 1,778
stores operating nationwide, 89 operating in this State,
and 11 stores operating within the municipality;
(5) the licensee shall occupy approximately 191,535
square feet of space within a building that is located
across the street from an elementary school; and
(6) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license.
(mm) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within premises and at an outdoor patio or sidewalk
cafe, or both, attached to premises that are located in a
municipality with a population in excess of 1,000,000
inhabitants and that are within 100 feet of a hospital if:
(1) the primary business of the restaurant consists of
the sale of food where the sale of liquor is incidental to

HB3801 - 33 - LRB099 11195 RPS 31721 b
the sale of food;
(2) as a restaurant, the premises may or may not offer
catering as an incidental part of food service;
(3) the primary business of the restaurant is conducted
in space owned by a hospital or an entity owned or
controlled by, under common control with, or that controls
a hospital, and the chief hospital administrator has
expressed his or her support for the issuance of the
license in writing; and
(4) the hospital is an adult acute care facility
primarily located within the City of Chicago Institutional
Planned Development Number 3.
(nn) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried out on the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a theater;
(3) the premises are a building that was constructed in
1913 and opened on May 24, 1915 as a vaudeville theater,
and the premises were converted to a motion picture theater
in 1935;

HB3801 - 34 - LRB099 11195 RPS 31721 b
(4) the church was constructed in 1889 with a stone
exterior;
(5) the primary entrance of the premises and the
primary entrance of the church are at least 100 feet apart;
and
(6) the principal religious leader at the place of
worship has indicated his or her consent to the issuance of
the license in writing; and
(7) the alderman in whose ward the premises are located
has expressed his or her support for the issuance of the
license in writing.
(oo) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a mosque, church, or other place of worship if:
(1) the primary entrance of the premises and the
primary entrance of the mosque, church, or other place of
worship are perpendicular and are on different streets;
(2) the primary entrance to the premises faces West and
the primary entrance to the mosque, church, or other place
of worship faces South;
(3) the distance between the 2 primary entrances is at
least 100 feet;
(4) the mosque, church, or other place of worship was

HB3801 - 35 - LRB099 11195 RPS 31721 b
established in a location within 100 feet of the premises
after a license for the sale of alcohol at the premises was
first issued;
(5) the mosque, church, or other place of worship was
established on or around January 1, 2011;
(6) a license for the sale of alcohol at the premises
was first issued on or before January 1, 1985;
(7) a license for the sale of alcohol at the premises
has been continuously in effect since January 1, 1985,
except for interruptions between licenses of no more than
90 days; and
(8) the premises are a single-story, single-use
building of at least 3,000 square feet and no more than
3,380 square feet.
(pp) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor incidental to the sale of food within a restaurant or
banquet facility established on premises that are located in a
municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of at least one church if:
(1) the sale of liquor shall not be the principal
business carried on by the licensee at the premises;
(2) the premises are at least 2,000 square feet and no
more than 10,000 square feet and is located in a
single-story building;

HB3801 - 36 - LRB099 11195 RPS 31721 b
(3) the property on which the premises are located is
within an area that, as of 2009, was designated as a
Renewal Community by the United States Department of
Housing and Urban Development;
(4) the property on which the premises are located and
the properties on which the churches are located are on the
same street;
(5) the property on which the premises are located is
immediately adjacent to and east of the property on which
at least one of the churches is located;
(6) the property on which the premises are located is
across the street and southwest of the property on which
another church is located;
(7) the principal religious leaders of the churches
have indicated their support for the issuance of the
license in writing; and
(8) the alderman in whose ward the premises are located
has expressed his or her support for the issuance of the
license in writing.
For purposes of this subsection (pp), "banquet facility"
means the part of the building that caters to private parties
and where the sale of alcoholic liquors is not the principal
business.
(qq) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic

HB3801 - 37 - LRB099 11195 RPS 31721 b
liquor on premises that are located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if:
(1) the primary entrance of the premises and the
closest entrance of the church or school are at least 200
feet apart and no greater than 300 feet apart;
(2) the shortest distance between the premises and the
church or school is at least 66 feet apart and no greater
than 81 feet apart;
(3) the premises are a single-story, steel-framed
commercial building with at least 18,042 square feet, and
was constructed in 1925 and 1997;
(4) the owner of the business operated within the
premises has been the general manager of a similar
supermarket within one mile from the premises, which has
had a valid license authorizing the sale of alcoholic
liquor since 2002, and is in good standing with the City of
Chicago;
(5) the principal religious leader at the place of
worship has indicated his or her support to the issuance or
renewal of the license in writing;
(6) the alderman of the ward has indicated his or her
support to the issuance or renewal of the license in
writing; and
(7) the principal of the school has indicated his or
her support to the issuance or renewal of the license in

HB3801 - 38 - LRB099 11195 RPS 31721 b
writing.
(rr) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a club that leases space to a school if:
(1) the sale of alcoholic liquor is not the principal
business carried out on the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a grocery store;
(3) the premises are a building of approximately 1,750
square feet and is rented by the owners of the grocery
store from a family member;
(4) the property line of the premises is approximately
68 feet from the property line of the club;
(5) the primary entrance of the premises and the
primary entrance of the club where the school leases space
are at least 100 feet apart;
(6) the director of the club renting space to the
school has indicated his or her consent to the issuance of
the license in writing; and
(7) the alderman in whose district the premises are
located has expressed his or her support for the issuance
of the license in writing.
(ss) Notwithstanding any provision of this Section to the

HB3801 - 39 - LRB099 11195 RPS 31721 b
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the premises are located within a 15 unit building
with 13 residential apartments and 2 commercial spaces, and
the licensee will occupy both commercial spaces;
(2) a restaurant has been operated on the premises
since June 2011;
(3) the restaurant currently occupies 1,075 square
feet, but will be expanding to include 975 additional
square feet;
(4) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(5) the premises are located south of the church and on
the same street and are separated by a one-way westbound
street;
(6) the primary entrance of the premises is at least 93
feet from the primary entrance of the church;
(7) the shortest distance between any part of the
premises and any part of the church is at least 72 feet;
(8) the building in which the restaurant is located was
built in 1910;
(9) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for

HB3801 - 40 - LRB099 11195 RPS 31721 b
the issuance of the license; and
(10) the principal religious leader of the church has
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(ss).
(tt) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is incidental to the
sale of food;
(3) the sale of alcoholic liquor at the premises was
previously authorized by a package goods liquor license;
(4) the premises are at least 40,000 square feet with
25 parking spaces in the contiguous surface lot to the
north of the store and 93 parking spaces on the roof;
(5) the shortest distance between the lot line of the
parking lot of the premises and the exterior wall of the
church is at least 80 feet;
(6) the distance between the building in which the
church is located and the building in which the premises
are located is at least 180 feet;

HB3801 - 41 - LRB099 11195 RPS 31721 b
(7) the main entrance to the church faces west and is
at least 257 feet from the main entrance of the premises;
and
(8) the applicant is the owner of 10 similar grocery
stores within the City of Chicago and the surrounding area
and has been in business for more than 30 years.
(uu) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is incidental to the
operation of a grocery store;
(3) the premises are located in a building that is
approximately 68,000 square feet with 157 parking spaces on
property that was previously vacant land;
(4) the main entrance to the church faces west and is
at least 500 feet from the entrance of the premises, which
faces north;
(5) the church and the premises are separated by an
alley;
(6) the applicant is the owner of 9 similar grocery
stores in the City of Chicago and the surrounding area and

HB3801 - 42 - LRB099 11195 RPS 31721 b
has been in business for more than 40 years; and
(7) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for
the issuance of the license.
(vv) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is primary to the sale
of food;
(3) the premises are located south of the church and on
perpendicular streets and are separated by a driveway;
(4) the primary entrance of the premises is at least
100 feet from the primary entrance of the church;
(5) the shortest distance between any part of the
premises and any part of the church is at least 15 feet;
(6) the premises are less than 100 feet from the church
center, but greater than 100 feet from the area within the
building where church services are held;
(7) the premises are 25,830 square feet and sit on a
lot that is 0.48 acres;
(8) the premises were once designated as a Korean

HB3801 - 43 - LRB099 11195 RPS 31721 b
American Presbyterian Church and were once used as a
Masonic Temple;
(9) the premises were built in 1910;
(10) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for
the issuance of the license; and
(11) the principal religious leader of the church has
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(vv).
For the purposes of this subsection (vv), "premises" means
a place of business together with a privately owned outdoor
location that is adjacent to the place of business.
(ww) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the school is located within Sub Area III of City
of Chicago Residential-Business Planned Development Number
523, as amended; and
(2) the premises are located within Sub Area I, Sub
Area II, or Sub Area IV of City of Chicago
Residential-Business Planned Development Number 523, as
amended.

HB3801 - 44 - LRB099 11195 RPS 31721 b
(xx) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of wine or wine-related products is the
exclusive business carried on by the licensee at the
premises;
(2) the primary entrance of the premises and the
primary entrance of the church are at least 100 feet apart
and are located on different streets;
(3) the building in which the premises are located and
the building in which the church is located are separated
by an alley;
(4) the premises consists of less than 2,000 square
feet of floor area dedicated to the sale of wine or
wine-related products;
(5) the premises are located on the first floor of a
2-story building that is at least 99 years old and has a
residential unit on the second floor; and
(6) the principal religious leader at the church has
indicated his or her support for the issuance or renewal of
the license in writing.
(yy) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance

HB3801 - 45 - LRB099 11195 RPS 31721 b
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the premises are located in a single-story building
of primarily brick construction containing at least 6
commercial units constructed before 1940;
(3) the premises are located in a B3-2 zoning district;
(4) the premises are less than 4,000 square feet;
(5) the church established its congregation in 1891 and
completed construction of the church building in 1990;
(6) the premises are located south of the church;
(7) the premises and church are located on the same
street and are separated by a one-way westbound street; and
(8) the principal religious leader of the church has
not indicated his or her opposition to the issuance or
renewal of the license in writing.
(Source: P.A. 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634,
eff. 12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12;
97-806, eff. 7-13-12; 97-1166, eff. 3-1-13; 98-274, eff.
8-9-13; 98-463, eff. 8-16-13; 98-571, eff. 8-27-13; 98-592,
eff. 11-15-13; 98-1092, eff. 8-26-14; 98-1158, eff. 1-9-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.