Bill Text: IL SB1516 | 2015-2016 | 99th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Liquor Control Act of 1934. Authorizes the Illinois Liquor Control Commission to, in its discretion, honor requests for interpretive opinions and issue reasonable directions and guidelines not inconsistent with the provisions of the Act. Requires all interpretive opinions, directions, and guidelines of a general character to be sent electronically to all licensees and to be posted on the Commission's website. Contains a nonacceleration provision. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2015-07-15 - Public Act . . . . . . . . . 99-0047 [SB1516 Detail]
Download: Illinois-2015-SB1516-Enrolled.html
Bill Title: Amends the Liquor Control Act of 1934. Authorizes the Illinois Liquor Control Commission to, in its discretion, honor requests for interpretive opinions and issue reasonable directions and guidelines not inconsistent with the provisions of the Act. Requires all interpretive opinions, directions, and guidelines of a general character to be sent electronically to all licensees and to be posted on the Commission's website. Contains a nonacceleration provision. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2015-07-15 - Public Act . . . . . . . . . 99-0047 [SB1516 Detail]
Download: Illinois-2015-SB1516-Enrolled.html
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1 | AN ACT concerning liquor.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Liquor Control Act of 1934 is amended by | ||||||
5 | changing Section 6-4 as follows:
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6 | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
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7 | Sec. 6-4. (a) No person licensed by any licensing authority | ||||||
8 | as a
distiller, or a wine manufacturer, or any subsidiary or | ||||||
9 | affiliate
thereof, or any officer, associate, member, partner, | ||||||
10 | representative,
employee, agent or shareholder owning more | ||||||
11 | than 5% of the outstanding
shares of such person shall be | ||||||
12 | issued an importing distributor's or
distributor's license, | ||||||
13 | nor shall any person licensed by any licensing
authority as an | ||||||
14 | importing distributor, distributor or retailer, or any
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15 | subsidiary or affiliate thereof, or any officer or associate, | ||||||
16 | member,
partner, representative, employee, agent or | ||||||
17 | shareholder owning more than
5% of the outstanding shares of | ||||||
18 | such person be issued a distiller's
license or a wine | ||||||
19 | manufacturer's license; and no person or persons
licensed as a | ||||||
20 | distiller by any licensing authority shall have any
interest, | ||||||
21 | directly or indirectly, with such distributor or importing
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22 | distributor.
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23 | However, an importing distributor or distributor, which on |
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1 | January
1, 1985 is owned by a brewer, or any subsidiary or | ||||||
2 | affiliate thereof or any
officer, associate, member, partner, | ||||||
3 | representative, employee, agent or
shareholder owning more | ||||||
4 | than 5% of the outstanding shares of the importing
distributor | ||||||
5 | or distributor referred to in this paragraph, may own or
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6 | acquire an ownership interest of more than 5% of the | ||||||
7 | outstanding shares of
a wine manufacturer and be issued a wine
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8 | manufacturer's license by any licensing authority.
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9 | (b) The foregoing provisions shall not apply to any person | ||||||
10 | licensed
by any licensing authority as a distiller or wine | ||||||
11 | manufacturer, or to
any subsidiary or affiliate of any | ||||||
12 | distiller or wine manufacturer who
shall have been heretofore | ||||||
13 | licensed by the State Commission as either an
importing | ||||||
14 | distributor or distributor during the annual licensing period
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15 | expiring June 30, 1947, and shall actually have made sales | ||||||
16 | regularly to
retailers.
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17 | (c) Provided, however, that in such instances where a | ||||||
18 | distributor's
or importing distributor's license has been | ||||||
19 | issued to any distiller or
wine manufacturer or to any | ||||||
20 | subsidiary or affiliate of any distiller or
wine manufacturer | ||||||
21 | who has, during the licensing period ending June 30,
1947, sold | ||||||
22 | or distributed as such licensed distributor or importing
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23 | distributor alcoholic liquors and wines to retailers, such | ||||||
24 | distiller or
wine manufacturer or any subsidiary or affiliate | ||||||
25 | of any distiller or
wine manufacturer holding such | ||||||
26 | distributor's or importing distributor's
license may continue |
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1 | to sell or distribute to retailers such alcoholic
liquors and | ||||||
2 | wines which are manufactured, distilled, processed or
marketed | ||||||
3 | by distillers and wine manufacturers whose products it sold or
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4 | distributed to retailers during the whole or any part of its | ||||||
5 | licensing
periods; and such additional brands and additional | ||||||
6 | products may be added
to the line of such distributor or | ||||||
7 | importing distributor, provided, that
such brands and such | ||||||
8 | products were not sold or distributed by any
distributor or | ||||||
9 | importing distributor licensed by the State Commission
during | ||||||
10 | the licensing period ending June 30, 1947, but can not sell or
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11 | distribute to retailers any other alcoholic liquors or wines.
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12 | (d) It shall be unlawful for any distiller licensed | ||||||
13 | anywhere to have
any stock ownership or interest in any | ||||||
14 | distributor's or importing
distributor's license wherein any | ||||||
15 | other person has an interest therein
who is not a distiller and | ||||||
16 | does not own more than 5% of any stock in any
distillery. | ||||||
17 | Nothing herein contained shall apply to such distillers or
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18 | their subsidiaries or affiliates, who had a distributor's or | ||||||
19 | importing
distributor's license during the licensing period | ||||||
20 | ending June 30, 1947,
which license was owned in whole by such | ||||||
21 | distiller, or subsidiaries or
affiliates of such distiller.
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22 | (e) Any person having been licensed as a manufacturer shall | ||||||
23 | be
permitted to receive one retailer's license for the premises | ||||||
24 | in which he
or she actually conducts such business, permitting | ||||||
25 | only the retail sale of beer manufactured at such premises and | ||||||
26 | only on
such premises, but no such person shall be entitled to |
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1 | more than one
retailer's license in any event, and, other than | ||||||
2 | a manufacturer of beer
as stated above, no manufacturer or | ||||||
3 | distributor or importing
distributor, excluding airplane | ||||||
4 | licensees exercising powers provided in
paragraph (i) of | ||||||
5 | Section 5-1 of this Act, or any subsidiary or affiliate
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6 | thereof, or any officer,
associate, member, partner, | ||||||
7 | representative, employee or agent, or
shareholder shall be | ||||||
8 | issued a retailer's license, nor shall any person
having a | ||||||
9 | retailer's license, excluding airplane licensees exercising | ||||||
10 | powers
provided in paragraph (i) of Section 5-1 of this
Act, or | ||||||
11 | any subsidiary or affiliate thereof, or
any officer, associate, | ||||||
12 | member, partner, representative or agent, or
shareholder be | ||||||
13 | issued a manufacturer's license or importing distributor's
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14 | license.
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15 | A person licensed as a craft distiller not affiliated with | ||||||
16 | any other person manufacturing spirits may be authorized by the | ||||||
17 | Commission to sell up to 2,500 gallons of spirits produced by | ||||||
18 | the person to non-licensees for on or off-premises consumption | ||||||
19 | for the premises in which he or she actually conducts business | ||||||
20 | permitting only the retail sale of spirits manufactured at such | ||||||
21 | premises. Such sales shall be limited to on-premises, in-person | ||||||
22 | sales only, for lawful consumption on or off premises, and such | ||||||
23 | authorization shall be considered a privilege granted by the | ||||||
24 | craft distiller license. A craft distiller licensed for retail | ||||||
25 | sale shall secure liquor liability insurance coverage in an | ||||||
26 | amount at least equal to the maximum liability amounts set |
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1 | forth in subsection (a) of Section 6-21 of this Act. | ||||||
2 | (f) (Blank). However, the foregoing prohibitions against | ||||||
3 | any person licensed as
a distiller or wine manufacturer being | ||||||
4 | issued a retailer's license shall not apply:
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5 | (i) to any hotel, motel or restaurant whose principal | ||||||
6 | business is not
the sale of alcoholic liquors if said | ||||||
7 | retailer's sales of any alcoholic
liquors manufactured, | ||||||
8 | sold, distributed or controlled, directly or
indirectly, | ||||||
9 | by any affiliate, subsidiary, officer, associate, member,
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10 | partner, representative, employee, agent or shareholder | ||||||
11 | owning more than 5%
of the outstanding shares of such | ||||||
12 | person does not exceed
10% of the total alcoholic liquor | ||||||
13 | sales of said retail licensee; and
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14 | (ii) where the Commission determines, having | ||||||
15 | considered the public
welfare, the economic impact upon the | ||||||
16 | State and the entirety of the facts
and circumstances | ||||||
17 | involved, that the purpose and intent of this Section
would | ||||||
18 | not be violated by granting an exemption.
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19 | (g) Notwithstanding any of the foregoing prohibitions, a | ||||||
20 | limited wine
manufacturer may sell at retail at its | ||||||
21 | manufacturing site for on or off
premises consumption and may | ||||||
22 | sell to distributors. A limited wine manufacturer licensee
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23 | shall secure liquor liability insurance coverage in an amount
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24 | at least equal to the maximum liability amounts set forth in
| ||||||
25 | subsection (a) of Section 6-21 of this Act.
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26 | (h) The changes made to this Section by this amendatory Act |
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1 | of the 99th General Assembly shall not diminish or impair the | ||||||
2 | rights of any person, whether a distiller, wine manufacturer, | ||||||
3 | agent, or affiliate thereof, who requested in writing and | ||||||
4 | submitted documentation to the State Commission on or before | ||||||
5 | February 18, 2015 to be approved for a retail license pursuant | ||||||
6 | to what has heretofore been subsection (f); provided that, on | ||||||
7 | or before that date, the State Commission considered the intent | ||||||
8 | of that person to apply for the retail license under that | ||||||
9 | subsection and, by recorded vote, the State Commission approved | ||||||
10 | a resolution indicating that such a license application could | ||||||
11 | be lawfully approved upon that person duly filing a formal | ||||||
12 | application for a retail license and if that person, within 90 | ||||||
13 | days of the State Commission appearance and recorded vote, | ||||||
14 | first filed an application with the appropriate local | ||||||
15 | commission, which application was subsequently approved by the | ||||||
16 | appropriate local commission prior to consideration by the | ||||||
17 | State Commission of that person's application for a retail | ||||||
18 | license. It is further provided that the State Commission may | ||||||
19 | approve the person's application for a retail license or | ||||||
20 | renewals of such license if such person continues to diligently | ||||||
21 | adhere to all representations made in writing to the State | ||||||
22 | Commission on or before February 18, 2015, or thereafter, or in | ||||||
23 | the affidavit filed by that person with the State Commission to | ||||||
24 | support the issuance of a retail license and to abide by all | ||||||
25 | applicable laws and duly adopted rules. | ||||||
26 | (Source: P.A. 96-1367, eff. 7-28-10; 97-606, eff. 8-26-11; |
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1 | 97-1166, eff. 3-1-13.)
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2 | Section 10. If and only if Senate Bill 398 of the 99th
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3 | General Assembly becomes law and the changes to Section 6-11 of | ||||||
4 | the Liquor Control Act of 1934 in that bill become law in the | ||||||
5 | form in which they appear in House Amendment No. 2 to that
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6 | bill, then the
Liquor Control Act of 1934 is amended by | ||||||
7 | changing Section 6-11 as follows:
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8 | (235 ILCS 5/6-11)
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9 | Sec. 6-11. Sale near churches, schools, and hospitals.
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10 | (a) No license shall be issued for the sale at retail of | ||||||
11 | any
alcoholic liquor within 100 feet of any church, school | ||||||
12 | other than an
institution of higher learning, hospital, home | ||||||
13 | for aged or indigent
persons or for veterans, their spouses or | ||||||
14 | children or any military or
naval station, provided, that this | ||||||
15 | prohibition shall not apply to hotels
offering restaurant | ||||||
16 | service, regularly organized clubs, or to
restaurants, food | ||||||
17 | shops or other places where sale of alcoholic liquors
is not | ||||||
18 | the principal business carried on if the place of business so
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19 | exempted is not located in a municipality of more than 500,000 | ||||||
20 | persons,
unless required by local ordinance; nor to the renewal | ||||||
21 | of a license for the
sale at retail of alcoholic liquor on | ||||||
22 | premises within 100 feet of any church
or school where the | ||||||
23 | church or school has been established within such
100 feet | ||||||
24 | since the issuance of the original license. In the case of a
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1 | church, the distance of 100 feet shall be measured to the | ||||||
2 | nearest part
of any building used for worship services or | ||||||
3 | educational programs and
not to property boundaries.
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4 | (a-5) Notwithstanding any provision of this Section to the | ||||||
5 | contrary, a local liquor control commissioner may grant an | ||||||
6 | exemption to the prohibition in subsection (a) of this Section | ||||||
7 | if a local rule or ordinance authorizes the local liquor | ||||||
8 | control commissioner to grant that exemption. | ||||||
9 | (b) Nothing in this Section shall prohibit the issuance of | ||||||
10 | a retail
license
authorizing the sale of alcoholic liquor to a | ||||||
11 | restaurant, the primary business
of which is the sale of goods | ||||||
12 | baked on the premises if (i) the restaurant is
newly | ||||||
13 | constructed and located on a lot of not less than 10,000 square | ||||||
14 | feet,
(ii) the restaurant costs at least $1,000,000 to | ||||||
15 | construct, (iii) the licensee
is the titleholder to the | ||||||
16 | premises and resides on the premises, and (iv) the
construction | ||||||
17 | of the restaurant is completed within 18 months of the | ||||||
18 | effective
date of this amendatory Act of 1998.
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19 | (c) Nothing in this Section shall prohibit the issuance of | ||||||
20 | a retail
license
authorizing the sale of alcoholic liquor | ||||||
21 | incidental to a restaurant if (1) the
primary
business of the | ||||||
22 | restaurant consists of the sale of food where the sale of
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23 | liquor is incidental to the sale of food and the applicant is a | ||||||
24 | completely new
owner of the restaurant, (2) the immediately
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25 | prior owner or operator of the premises where the restaurant is | ||||||
26 | located
operated the premises as a restaurant and held a valid |
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1 | retail license
authorizing the
sale of alcoholic liquor at the | ||||||
2 | restaurant for at least part of the 24 months
before the
change | ||||||
3 | of ownership, and (3) the restaurant is located 75 or more feet | ||||||
4 | from a
school.
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5 | (d) In the interest of further developing Illinois' economy | ||||||
6 | in the area
of
commerce, tourism, convention, and banquet | ||||||
7 | business, nothing in this
Section shall
prohibit issuance of a | ||||||
8 | retail license authorizing the sale of alcoholic
beverages to a | ||||||
9 | restaurant, banquet facility, grocery store, or hotel having
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10 | not fewer than
150 guest room accommodations located in a | ||||||
11 | municipality of more than 500,000
persons, notwithstanding the | ||||||
12 | proximity of such hotel, restaurant,
banquet facility, or | ||||||
13 | grocery store to any church or school, if the licensed
premises
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14 | described on the license are located within an enclosed mall or | ||||||
15 | building of a
height of at least 6 stories, or 60 feet in the | ||||||
16 | case of a building that has
been registered as a national | ||||||
17 | landmark, or in a grocery store having a
minimum of 56,010 | ||||||
18 | square feet of floor space in a single story building in an
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19 | open mall of at least 3.96 acres that is adjacent to a public | ||||||
20 | school that
opened as a boys technical high school in 1934, or | ||||||
21 | in a grocery store having a minimum of 31,000 square feet of | ||||||
22 | floor space in a single story building located a distance of | ||||||
23 | more than 90 feet but less than 100 feet from a high school | ||||||
24 | that opened in 1928 as a junior high school and became a senior | ||||||
25 | high school in 1933, and in each of these
cases if the sale of
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26 | alcoholic liquors is not the principal business carried on by |
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1 | the licensee.
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2 | For purposes of this Section, a "banquet facility" is any | ||||||
3 | part of a
building that caters to private parties and where the | ||||||
4 | sale of alcoholic liquors
is not the principal business.
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5 | (e) Nothing in this Section shall prohibit the issuance of | ||||||
6 | a license to
a
church or private school to sell at retail | ||||||
7 | alcoholic liquor if any such
sales are limited to periods when | ||||||
8 | groups are assembled on the premises
solely for the promotion | ||||||
9 | of some common object other than the sale or
consumption of | ||||||
10 | alcoholic liquors.
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11 | (f) Nothing in this Section shall prohibit a church or | ||||||
12 | church affiliated
school
located in a home rule municipality or | ||||||
13 | in a municipality with 75,000 or more
inhabitants from locating
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14 | within 100 feet of a property for which there is a preexisting | ||||||
15 | license to sell
alcoholic liquor at retail. In these instances, | ||||||
16 | the local zoning authority
may, by ordinance adopted | ||||||
17 | simultaneously with the granting of an initial
special use | ||||||
18 | zoning permit for the church or church affiliated school, | ||||||
19 | provide
that the 100-foot restriction in this Section shall not | ||||||
20 | apply to that church or
church affiliated school and future | ||||||
21 | retail liquor licenses.
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22 | (g) Nothing in this Section shall prohibit the issuance of | ||||||
23 | a retail
license authorizing the sale of alcoholic liquor at | ||||||
24 | premises within 100 feet,
but not less than 90 feet, of a | ||||||
25 | public school if (1) the premises have been
continuously | ||||||
26 | licensed to sell alcoholic liquor
for a period of at least 50 |
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1 | years,
(2) the premises are located in a municipality having a | ||||||
2 | population of over
500,000 inhabitants, (3) the licensee is an | ||||||
3 | individual who is a member of a
family that has held the | ||||||
4 | previous 3 licenses for that location for more than 25
years, | ||||||
5 | (4) the
principal of the school and the alderman of the ward in | ||||||
6 | which the school is
located have delivered a written statement | ||||||
7 | to the local liquor control
commissioner stating that they do | ||||||
8 | not object to the issuance of a license
under this subsection | ||||||
9 | (g), and (5) the local liquor control commissioner has
received | ||||||
10 | the written consent of a majority of the registered voters who | ||||||
11 | live
within 200 feet of the premises.
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12 | (h) Notwithstanding any provision of this Section to the | ||||||
13 | contrary, nothing in this Section shall prohibit the issuance | ||||||
14 | or renewal of a license authorizing the sale of alcoholic | ||||||
15 | liquor within premises and at an outdoor patio area attached to | ||||||
16 | premises that are located in a municipality with a population | ||||||
17 | in excess of 300,000 inhabitants and that are within 100 feet | ||||||
18 | of a church if:
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19 | (1) the sale of alcoholic liquor at the premises is | ||||||
20 | incidental to the sale of food,
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21 | (2) the sale of liquor is not the principal business | ||||||
22 | carried on by the licensee at the premises, | ||||||
23 | (3) the premises are less than 1,000 square feet, | ||||||
24 | (4) the premises are owned by the University of | ||||||
25 | Illinois, | ||||||
26 | (5) the premises are immediately adjacent to property |
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1 | owned by a church and are not less than 20 nor more than 40 | ||||||
2 | feet from the church space used for worship services, and | ||||||
3 | (6) 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.
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6 | (i) Notwithstanding any provision in this Section to the | ||||||
7 | contrary, nothing in this Section shall prohibit the issuance | ||||||
8 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
9 | that is located within a municipality with a population in | ||||||
10 | excess of 300,000 inhabitants and is within 100 feet of a | ||||||
11 | church, synagogue, or other place of worship if: | ||||||
12 | (1) the primary entrance of the premises and the | ||||||
13 | primary entrance of the church, synagogue, or other place | ||||||
14 | of worship are at least 100 feet apart, on parallel | ||||||
15 | streets, and separated by an alley; and | ||||||
16 | (2) the principal religious leader at the place of | ||||||
17 | worship has not indicated his or her opposition to the | ||||||
18 | issuance or renewal of the license in writing. | ||||||
19 | (j) Notwithstanding any provision in this Section to the | ||||||
20 | contrary, nothing in this Section shall prohibit the issuance | ||||||
21 | of a retail
license authorizing the sale of alcoholic liquor at | ||||||
22 | a theater that is within 100 feet of a church if (1) the church | ||||||
23 | owns the theater, (2) the church leases the theater to one or | ||||||
24 | more entities, and
(3) the theater is used by at least 5 | ||||||
25 | different not-for-profit theater groups. | ||||||
26 | (k) Notwithstanding any provision in this Section to the |
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1 | contrary, nothing in this Section shall prohibit the issuance | ||||||
2 | or renewal of a license authorizing the sale of alcoholic | ||||||
3 | liquor at a premises that is located within a municipality with | ||||||
4 | a population in excess of 1,000,000 inhabitants and is within | ||||||
5 | 100 feet of a school if:
| ||||||
6 | (1) the primary entrance of the premises and the | ||||||
7 | primary entrance of the school are parallel, on different | ||||||
8 | streets, and separated by an alley; | ||||||
9 | (2) the southeast corner of the premises are at least | ||||||
10 | 350 feet from the southwest corner of the school; | ||||||
11 | (3) the school was built in 1978; | ||||||
12 | (4) the sale of alcoholic liquor at the premises is | ||||||
13 | incidental to the sale of food; | ||||||
14 | (5) the sale of alcoholic liquor is not the principal | ||||||
15 | business carried on by the licensee at the premises; | ||||||
16 | (6) the applicant is the owner of the restaurant and | ||||||
17 | has held a valid license authorizing the sale of alcoholic | ||||||
18 | liquor for the business to be conducted on the premises at | ||||||
19 | a different location for more than 7 years; and | ||||||
20 | (7) the premises is at least 2,300 square feet and sits | ||||||
21 | on a lot that is between 6,100 and 6,150 square feet. | ||||||
22 | (l) Notwithstanding any provision in this Section to the | ||||||
23 | contrary, nothing in this Section shall prohibit the issuance | ||||||
24 | or renewal of a license authorizing the sale of alcoholic | ||||||
25 | liquor at a premises that is located within a municipality with | ||||||
26 | a population in excess of 1,000,000 inhabitants and is within |
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1 | 100 feet of a church or school if: | ||||||
2 | (1) the primary entrance of the premises and the | ||||||
3 | closest entrance of the church or school is at least 90 | ||||||
4 | feet apart and no greater than 95 feet apart; | ||||||
5 | (2) the shortest distance between the premises and the | ||||||
6 | church or school is at least 80 feet apart and no greater | ||||||
7 | than 85 feet apart; | ||||||
8 | (3) the applicant is the owner of the restaurant and on | ||||||
9 | November 15, 2006 held a valid license authorizing the sale | ||||||
10 | of alcoholic liquor for the business to be conducted on the | ||||||
11 | premises for at least 14 different locations; | ||||||
12 | (4) the sale of alcoholic liquor at the premises is | ||||||
13 | incidental to the sale of food; | ||||||
14 | (5) the sale of alcoholic liquor is not the principal | ||||||
15 | business carried on by the licensee at the premises; | ||||||
16 | (6) the premises is at least 3,200 square feet and sits | ||||||
17 | on a lot that is between 7,150 and 7,200 square feet; and | ||||||
18 | (7) the principal religious leader at the place of | ||||||
19 | worship has not indicated his or her opposition to the | ||||||
20 | issuance or renewal of the license in writing.
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21 | (m) Notwithstanding any provision in this Section to the | ||||||
22 | contrary, nothing in this Section shall prohibit the issuance | ||||||
23 | or renewal of a license authorizing the sale of alcoholic | ||||||
24 | liquor at a premises that is located within a municipality with | ||||||
25 | a population in excess of 1,000,000 inhabitants and is within | ||||||
26 | 100 feet of a church if: |
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1 | (1) the premises and the church are perpendicular, and | ||||||
2 | the primary entrance of the premises faces South while the | ||||||
3 | primary entrance of the church faces West and the distance | ||||||
4 | between the two entrances is more than 100 feet; | ||||||
5 | (2) the shortest distance between the premises lot line | ||||||
6 | and the exterior wall of the church is at least 80 feet; | ||||||
7 | (3) the church was established at the current location | ||||||
8 | in 1916 and the present structure was erected in 1925; | ||||||
9 | (4) the premises is a single story, single use building | ||||||
10 | with at least 1,750 square feet and no more than 2,000 | ||||||
11 | square feet; | ||||||
12 | (5) the sale of alcoholic liquor at the premises is | ||||||
13 | incidental to the sale of food; | ||||||
14 | (6) the sale of alcoholic liquor is not the principal | ||||||
15 | business carried on by the licensee at the premises; and | ||||||
16 | (7) the principal religious leader at the place of | ||||||
17 | worship has not indicated his or her opposition to the | ||||||
18 | issuance or renewal of the license in writing. | ||||||
19 | (n) Notwithstanding any provision in this Section to the | ||||||
20 | contrary, nothing in this Section shall prohibit the issuance | ||||||
21 | or renewal of a license authorizing the sale of alcoholic | ||||||
22 | liquor at a premises that is located within a municipality with | ||||||
23 | a population in excess of 1,000,000 inhabitants and is within | ||||||
24 | 100 feet of a school if: | ||||||
25 | (1) the school is a City of Chicago School District 299 | ||||||
26 | school; |
| |||||||
| |||||||
1 | (2) the school is located within subarea E of City of | ||||||
2 | Chicago Residential Business Planned Development Number | ||||||
3 | 70; | ||||||
4 | (3) the sale of alcoholic liquor is not the principal | ||||||
5 | business carried on by the licensee on the premises; | ||||||
6 | (4) the sale of alcoholic liquor at the premises is | ||||||
7 | incidental to the sale of food; and | ||||||
8 | (5) the administration of City of Chicago School | ||||||
9 | District 299 has expressed, in writing, its support for the | ||||||
10 | issuance of the license. | ||||||
11 | (o) Notwithstanding any provision of this Section to the | ||||||
12 | contrary, nothing in this Section shall prohibit the issuance | ||||||
13 | or renewal of a retail license authorizing the sale of | ||||||
14 | alcoholic liquor at a premises that is located within a | ||||||
15 | municipality in excess of 1,000,000 inhabitants and within 100 | ||||||
16 | feet of a church if: | ||||||
17 | (1) the sale of alcoholic liquor at the premises is | ||||||
18 | incidental to the sale of food; | ||||||
19 | (2) the sale of alcoholic liquor is not the principal | ||||||
20 | business carried on by the licensee at the premises; | ||||||
21 | (3) the premises is located on a street that runs | ||||||
22 | perpendicular to the street on which the church is located; | ||||||
23 | (4) the primary entrance of the premises is at least | ||||||
24 | 100 feet from the primary entrance of the church; | ||||||
25 | (5) the shortest distance between any part of the | ||||||
26 | premises and any part of the church is at least 60 feet; |
| |||||||
| |||||||
1 | (6) the premises is between 3,600 and 4,000 square feet | ||||||
2 | and sits on a lot that is between 3,600 and 4,000 square | ||||||
3 | feet; and | ||||||
4 | (7) the premises was built in the year 1909. | ||||||
5 | For purposes of this subsection (o), "premises" means a | ||||||
6 | place of business together with a privately owned outdoor | ||||||
7 | location that is adjacent to the place of business. | ||||||
8 | (p) Notwithstanding any provision in this Section to the | ||||||
9 | contrary, nothing in this Section shall prohibit the issuance | ||||||
10 | or renewal of a license authorizing the sale of alcoholic | ||||||
11 | liquor at a premises that is located within a municipality with | ||||||
12 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
13 | feet of a church if: | ||||||
14 | (1) the shortest distance between the backdoor of the | ||||||
15 | premises, which is used as an emergency exit, and the | ||||||
16 | church is at least 80 feet; | ||||||
17 | (2) the church was established at the current location | ||||||
18 | in 1889; and | ||||||
19 | (3) liquor has been sold on the premises since at least | ||||||
20 | 1985. | ||||||
21 | (q) Notwithstanding any provision of this Section to the | ||||||
22 | contrary, nothing in this Section shall prohibit the issuance | ||||||
23 | or renewal of a license authorizing the sale of alcoholic | ||||||
24 | liquor within a premises that is located in a municipality with | ||||||
25 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
26 | feet of a church-owned property if: |
| |||||||
| |||||||
1 | (1) the premises is located within a larger building | ||||||
2 | operated as a grocery store; | ||||||
3 | (2) the area of the premises does not exceed 720 square | ||||||
4 | feet and the area of the larger building exceeds 18,000 | ||||||
5 | square feet; | ||||||
6 | (3) the larger building containing the premises is | ||||||
7 | within 100 feet of the nearest property line of a | ||||||
8 | church-owned property on which a church-affiliated school | ||||||
9 | is located; | ||||||
10 | (4) the sale of liquor is not the principal business | ||||||
11 | carried on within the larger building; | ||||||
12 | (5) the primary entrance of the larger building and the | ||||||
13 | premises and the primary entrance of the church-affiliated | ||||||
14 | school are on different, parallel streets, and the distance | ||||||
15 | between the 2 primary entrances is more than 100 feet; | ||||||
16 | (6) the larger building is separated from the | ||||||
17 | church-owned property and church-affiliated school by an | ||||||
18 | alley; | ||||||
19 | (7) the larger building containing the premises and the | ||||||
20 | church building front are on perpendicular streets and are | ||||||
21 | separated by a street; and | ||||||
22 | (8) (Blank). | ||||||
23 | (r) Notwithstanding any provision of this Section to the | ||||||
24 | contrary, nothing in this Section shall prohibit the issuance, | ||||||
25 | renewal, or maintenance of a license authorizing the sale of | ||||||
26 | alcoholic liquor incidental to the sale of food within a |
| |||||||
| |||||||
1 | restaurant established in a premises that is located in a | ||||||
2 | municipality with a population in excess of 1,000,000 | ||||||
3 | inhabitants and within 100 feet of a church if: | ||||||
4 | (1) the primary entrance of the church and the primary | ||||||
5 | entrance of the restaurant are at least 100 feet apart; | ||||||
6 | (2) the restaurant has operated on the ground floor and | ||||||
7 | lower level of a multi-story, multi-use building for more | ||||||
8 | than 40 years; | ||||||
9 | (3) the primary business of the restaurant consists of | ||||||
10 | the sale of food where the sale of liquor is incidental to | ||||||
11 | the sale of food; | ||||||
12 | (4) the sale of alcoholic liquor is conducted primarily | ||||||
13 | in the below-grade level of the restaurant to which the | ||||||
14 | only public access is by a staircase located inside the | ||||||
15 | restaurant; and | ||||||
16 | (5) the restaurant has held a license authorizing the | ||||||
17 | sale of alcoholic liquor on the premises for more than 40 | ||||||
18 | years. | ||||||
19 | (s) Notwithstanding any provision of this Section to the | ||||||
20 | contrary, nothing in this Section shall prohibit renewal of a | ||||||
21 | license authorizing the sale of alcoholic liquor at a premises | ||||||
22 | that is located within a municipality with a population more | ||||||
23 | than 5,000 and less than 10,000 and is within 100 feet of a | ||||||
24 | church if: | ||||||
25 | (1) the church was established at the location within | ||||||
26 | 100 feet of the premises after a license for the sale of |
| |||||||
| |||||||
1 | alcoholic liquor at the premises was first issued; | ||||||
2 | (2) a license for sale of alcoholic liquor at the | ||||||
3 | premises was first issued before January 1, 2007; and | ||||||
4 | (3) a license for the sale of alcoholic liquor on the | ||||||
5 | premises has been continuously in effect since January 1, | ||||||
6 | 2007, except for interruptions between licenses of no more | ||||||
7 | than 90 days. | ||||||
8 | (t) Notwithstanding any provision of this Section to the | ||||||
9 | contrary, nothing in this Section shall prohibit the issuance | ||||||
10 | or renewal of a
license authorizing the sale of alcoholic | ||||||
11 | liquor
incidental to the sale of food within a restaurant that | ||||||
12 | is established in a premises that is located in a municipality | ||||||
13 | with a population in excess of 1,000,000 inhabitants and within | ||||||
14 | 100 feet of a school and a church if: | ||||||
15 | (1) the restaurant is located inside a five-story | ||||||
16 | building with over 16,800 square feet of commercial space; | ||||||
17 | (2) the area of the premises does not exceed 31,050 | ||||||
18 | square feet; | ||||||
19 | (3) the area of the restaurant does not exceed 5,800 | ||||||
20 | square feet; | ||||||
21 | (4) the building has no less than 78 condominium units; | ||||||
22 | (5) the construction of the building in which the | ||||||
23 | restaurant is located was completed in 2006; | ||||||
24 | (6) the building has 10 storefront properties, 3 of | ||||||
25 | which are used for the restaurant; | ||||||
26 | (7) the restaurant will open for business in 2010; |
| |||||||
| |||||||
1 | (8) the building is north of the school and separated | ||||||
2 | by an alley; and | ||||||
3 | (9) the principal religious leader of the church and | ||||||
4 | either the alderman of the ward in which the school is | ||||||
5 | located or the principal of the school have delivered a | ||||||
6 | written statement to the local liquor control commissioner | ||||||
7 | stating that he or she does not object to the issuance of a | ||||||
8 | license under this subsection (t). | ||||||
9 | (u) Notwithstanding any provision in this Section to the | ||||||
10 | contrary, nothing in this Section shall prohibit the issuance | ||||||
11 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
12 | that is located within a municipality with a population in | ||||||
13 | excess of 1,000,000 inhabitants and within 100 feet of a school | ||||||
14 | if: | ||||||
15 | (1) the premises operates as a restaurant and has been | ||||||
16 | in operation since February 2008; | ||||||
17 | (2) the applicant is the owner of the premises; | ||||||
18 | (3) the sale of alcoholic liquor is incidental to the | ||||||
19 | sale of food; | ||||||
20 | (4) the sale of alcoholic liquor is not the principal | ||||||
21 | business carried on by the licensee on the premises; | ||||||
22 | (5) the premises occupy the first floor of a 3-story | ||||||
23 | building that is at least 90 years old; | ||||||
24 | (6) the rear lot of the school and the rear corner of | ||||||
25 | the building that the premises occupy are separated by an | ||||||
26 | alley; |
| |||||||
| |||||||
1 | (7) the distance from the southwest corner of the | ||||||
2 | property line of the school and the northeast corner of the | ||||||
3 | building that the premises occupy is at least 16 feet, 5 | ||||||
4 | inches; | ||||||
5 | (8) the distance from the rear door of the premises to | ||||||
6 | the southwest corner of the property line of the school is | ||||||
7 | at least 93 feet; | ||||||
8 | (9) the school is a City of Chicago School District 299 | ||||||
9 | school; | ||||||
10 | (10) the school's main structure was erected in 1902 | ||||||
11 | and an addition was built to the main structure in 1959; | ||||||
12 | and | ||||||
13 | (11) the principal of the school and the alderman in | ||||||
14 | whose district the premises are located have expressed, in | ||||||
15 | writing, their support for the issuance of the license. | ||||||
16 | (v) Notwithstanding any provision in this Section to the | ||||||
17 | contrary, nothing in this Section shall prohibit the issuance | ||||||
18 | or renewal of a license authorizing the sale of alcoholic | ||||||
19 | liquor at a premises that is located within a municipality with | ||||||
20 | a population in excess of 1,000,000 inhabitants and is within | ||||||
21 | 100 feet of a school if: | ||||||
22 | (1) the total land area of the premises for which the | ||||||
23 | license or renewal is sought is more than 600,000 square | ||||||
24 | feet; | ||||||
25 | (2) the premises for which the license or renewal is | ||||||
26 | sought has more than 600 parking stalls; |
| |||||||
| |||||||
1 | (3) the total area of all buildings on the premises for | ||||||
2 | which the license or renewal is sought exceeds 140,000 | ||||||
3 | square feet; | ||||||
4 | (4) the property line of the premises for which the | ||||||
5 | license or renewal is sought is separated from the property | ||||||
6 | line of the school by a street; | ||||||
7 | (5) the distance from the school's property line to the | ||||||
8 | property line of the premises for which the license or | ||||||
9 | renewal is sought is at least 60 feet; | ||||||
10 | (6) as of the effective date of this amendatory Act of | ||||||
11 | the 97th General Assembly, the premises for which the | ||||||
12 | license or renewal is sought is located in the Illinois | ||||||
13 | Medical District. | ||||||
14 | (w) Notwithstanding any provision in this Section to the | ||||||
15 | contrary, nothing in this Section shall prohibit the issuance | ||||||
16 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
17 | that is located within a municipality with a population in | ||||||
18 | excess of 1,000,000 inhabitants and within 100 feet of a church | ||||||
19 | if: | ||||||
20 | (1) the sale of alcoholic liquor at the premises is | ||||||
21 | incidental to the sale of food; | ||||||
22 | (2) the sale of alcoholic liquor is not the principal
| ||||||
23 | business carried on by the licensee at the premises; | ||||||
24 | (3) the premises occupy the first floor and basement of | ||||||
25 | a 2-story building that is 106 years old; | ||||||
26 | (4) the premises is at least 7,000 square feet and |
| |||||||
| |||||||
1 | located on a lot that is at least 11,000 square feet; | ||||||
2 | (5) the premises is located directly west of the | ||||||
3 | church, on perpendicular streets, and separated by an | ||||||
4 | alley; | ||||||
5 | (6) the distance between the
property line of the | ||||||
6 | premises and the property line of the church is at least 20 | ||||||
7 | feet; | ||||||
8 | (7) the distance between the primary entrance of the | ||||||
9 | premises and the primary entrance of the church is at least | ||||||
10 | 130 feet; and | ||||||
11 | (8) the church has been at its location for at least 40 | ||||||
12 | years. | ||||||
13 | (x) Notwithstanding any provision of this Section to the | ||||||
14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
15 | or renewal of a license authorizing the sale of alcoholic | ||||||
16 | liquor at a premises that is located within a municipality with | ||||||
17 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
18 | feet of a church if: | ||||||
19 | (1) the sale of alcoholic liquor is not the principal | ||||||
20 | business carried on by the licensee at the premises; | ||||||
21 | (2) the church has been operating in its current | ||||||
22 | location since 1973; | ||||||
23 | (3) the premises has been operating in its current | ||||||
24 | location since 1988; | ||||||
25 | (4) the church and the premises are owned by the same | ||||||
26 | parish; |
| |||||||
| |||||||
1 | (5) the premises is used for cultural and educational | ||||||
2 | purposes; | ||||||
3 | (6) the primary entrance to the premises and the | ||||||
4 | primary entrance to the church are located on the same | ||||||
5 | street; | ||||||
6 | (7) the principal religious leader of the church has | ||||||
7 | indicated his support of the issuance of the license; | ||||||
8 | (8) the premises is a 2-story building of approximately | ||||||
9 | 23,000 square feet; and | ||||||
10 | (9) the premises houses a ballroom on its ground floor | ||||||
11 | of approximately 5,000 square feet. | ||||||
12 | (y) Notwithstanding any provision of this Section to the | ||||||
13 | contrary, nothing in this Section shall prohibit the issuance | ||||||
14 | or renewal of a license authorizing the sale of alcoholic | ||||||
15 | liquor at a premises that is located within a municipality with | ||||||
16 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
17 | feet of a school if: | ||||||
18 | (1) the sale of alcoholic liquor is not the principal | ||||||
19 | business carried on by the licensee at the premises; | ||||||
20 | (2) the sale of alcoholic liquor at the premises is | ||||||
21 | incidental to the sale of food; | ||||||
22 | (3) according to the municipality, the distance | ||||||
23 | between the east property line of the premises and the west | ||||||
24 | property line of the school is 97.8 feet; | ||||||
25 | (4) the school is a City of Chicago School District 299 | ||||||
26 | school; |
| |||||||
| |||||||
1 | (5) the school has been operating since 1959; | ||||||
2 | (6) the primary entrance to the premises and the | ||||||
3 | primary entrance to the school are located on the same | ||||||
4 | street; | ||||||
5 | (7) the street on which the entrances of the premises | ||||||
6 | and the school are located is a major diagonal | ||||||
7 | thoroughfare; | ||||||
8 | (8) the premises is a single-story building of | ||||||
9 | approximately 2,900 square feet; and | ||||||
10 | (9) the premises is used for commercial purposes only. | ||||||
11 | (z) Notwithstanding any provision of this Section to the | ||||||
12 | contrary, nothing in this Section shall prohibit the issuance | ||||||
13 | or renewal of a license authorizing the sale of alcoholic | ||||||
14 | liquor at a premises that is located within a municipality with | ||||||
15 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
16 | feet of a mosque if: | ||||||
17 | (1) the sale of alcoholic liquor is not the principal | ||||||
18 | business carried on by the licensee at the premises; | ||||||
19 | (2) the licensee shall only sell packaged liquors at | ||||||
20 | the premises; | ||||||
21 | (3) the licensee is a national retail chain having over | ||||||
22 | 100 locations within the municipality; | ||||||
23 | (4) the licensee has over 8,000 locations nationwide; | ||||||
24 | (5) the licensee has locations in all 50 states; | ||||||
25 | (6) the premises is located in the North-East quadrant | ||||||
26 | of the municipality; |
| |||||||
| |||||||
1 | (7) the premises is a free-standing building that has | ||||||
2 | "drive-through" pharmacy service; | ||||||
3 | (8) the premises has approximately 14,490 square feet | ||||||
4 | of retail space; | ||||||
5 | (9) the premises has approximately 799 square feet of | ||||||
6 | pharmacy space; | ||||||
7 | (10) the premises is located on a major arterial street | ||||||
8 | that runs east-west and accepts truck traffic; and | ||||||
9 | (11) the alderman of the ward in which the premises is | ||||||
10 | located has expressed, in writing, his or her support for | ||||||
11 | the issuance of the license. | ||||||
12 | (aa) Notwithstanding any provision of this Section to the | ||||||
13 | contrary, nothing in this Section shall prohibit the issuance | ||||||
14 | or renewal of a license authorizing the sale of alcoholic | ||||||
15 | liquor at a premises that is located within a municipality with | ||||||
16 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
17 | feet of a church if: | ||||||
18 | (1) the sale of alcoholic liquor is not the principal | ||||||
19 | business carried on by the licensee at the premises; | ||||||
20 | (2) the licensee shall only sell packaged liquors at | ||||||
21 | the premises; | ||||||
22 | (3) the licensee is a national retail chain having over | ||||||
23 | 100 locations within the municipality; | ||||||
24 | (4) the licensee has over 8,000 locations nationwide; | ||||||
25 | (5) the licensee has locations in all 50 states; | ||||||
26 | (6) the premises is located in the North-East quadrant |
| |||||||
| |||||||
1 | of the municipality; | ||||||
2 | (7) the premises is located across the street from a | ||||||
3 | national grocery chain outlet; | ||||||
4 | (8) the premises has approximately 16,148 square feet | ||||||
5 | of retail space; | ||||||
6 | (9) the premises has approximately 992 square feet of | ||||||
7 | pharmacy space; | ||||||
8 | (10) the premises is located on a major arterial street | ||||||
9 | that runs north-south and accepts truck traffic; and | ||||||
10 | (11) the alderman of the ward in which the premises is | ||||||
11 | located has expressed, in writing, his or her support for | ||||||
12 | the issuance of the license. | ||||||
13 | (bb) Notwithstanding any provision of this Section to the | ||||||
14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
15 | or renewal of a license authorizing the sale of alcoholic | ||||||
16 | liquor at a premises that is located within a municipality with | ||||||
17 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
18 | feet of a church if: | ||||||
19 | (1) the sale of alcoholic liquor is not the principal | ||||||
20 | business carried on by the licensee at the premises; | ||||||
21 | (2) the sale of alcoholic liquor at the premises is | ||||||
22 | incidental to the sale of food; | ||||||
23 | (3) the primary entrance to the premises and the | ||||||
24 | primary entrance to the church are located on the same | ||||||
25 | street; | ||||||
26 | (4) the premises is across the street from the church; |
| |||||||
| |||||||
1 | (5) the street on which the premises and the church are | ||||||
2 | located is a major arterial street that runs east-west; | ||||||
3 | (6) the church is an elder-led and Bible-based Assyrian | ||||||
4 | church; | ||||||
5 | (7) the premises and the church are both single-story | ||||||
6 | buildings; | ||||||
7 | (8) the storefront directly west of the church is being | ||||||
8 | used as a restaurant; and | ||||||
9 | (9) the distance between the northern-most property | ||||||
10 | line of the premises and the southern-most property line of | ||||||
11 | the church is 65 feet. | ||||||
12 | (cc) Notwithstanding any provision of this Section to the | ||||||
13 | contrary, nothing in this Section shall prohibit the issuance | ||||||
14 | or renewal of a license authorizing the sale of alcoholic | ||||||
15 | liquor at a premises that is located within a municipality with | ||||||
16 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
17 | feet of a school if: | ||||||
18 | (1) the sale of alcoholic liquor is not the principal | ||||||
19 | business carried on by the licensee at the premises; | ||||||
20 | (2) the licensee shall only sell packaged liquors at | ||||||
21 | the premises; | ||||||
22 | (3) the licensee is a national retail chain; | ||||||
23 | (4) as of October 25, 2011, the licensee has 1,767 | ||||||
24 | stores operating nationwide, 87 stores operating in the | ||||||
25 | State, and 10 stores operating within the municipality; | ||||||
26 | (5) the licensee shall occupy approximately 124,000 |
| |||||||
| |||||||
1 | square feet of space in the basement and first and second | ||||||
2 | floors of a building located across the street from a | ||||||
3 | school; | ||||||
4 | (6) the school opened in August of 2009 and occupies | ||||||
5 | approximately 67,000 square feet of space; and | ||||||
6 | (7) the building in which the premises shall be located | ||||||
7 | has been listed on the National Register of Historic Places | ||||||
8 | since April 17, 1970. | ||||||
9 | (dd) Notwithstanding any provision in this Section to the | ||||||
10 | contrary, nothing in this Section shall prohibit the issuance | ||||||
11 | or renewal of a license authorizing the sale of alcoholic | ||||||
12 | liquor within a full-service grocery store at a premises that | ||||||
13 | is located within a municipality with a population in excess of | ||||||
14 | 1,000,000 inhabitants and is within 100 feet of a school if: | ||||||
15 | (1) the premises is constructed on land that was | ||||||
16 | purchased from the municipality at a fair market price; | ||||||
17 | (2) the premises is constructed on land that was | ||||||
18 | previously used as a parking facility for public safety | ||||||
19 | employees; | ||||||
20 | (3) the sale of alcoholic liquor is not the principal | ||||||
21 | business carried on by the licensee at the premises; | ||||||
22 | (4) the main entrance to the store is more than 100 | ||||||
23 | feet from the main entrance to the school; | ||||||
24 | (5) the premises is to be new construction; | ||||||
25 | (6) the school is a private school; | ||||||
26 | (7) the principal of the school has given written |
| |||||||
| |||||||
1 | approval for the license; | ||||||
2 | (8) the alderman of the ward where the premises is | ||||||
3 | located has given written approval of the issuance of the | ||||||
4 | license; | ||||||
5 | (9) the grocery store level of the premises is between | ||||||
6 | 60,000 and 70,000 square feet; and | ||||||
7 | (10) the owner and operator of the grocery store | ||||||
8 | operates 2 other grocery stores that have alcoholic liquor | ||||||
9 | licenses within the same municipality. | ||||||
10 | (ee) Notwithstanding any provision in this Section to the | ||||||
11 | contrary, nothing in this Section shall prohibit the issuance | ||||||
12 | or renewal of a license authorizing the sale of alcoholic | ||||||
13 | liquor within a full-service grocery store at a premises that | ||||||
14 | is located within a municipality with a population in excess of | ||||||
15 | 1,000,000 inhabitants and is within 100 feet of a school if: | ||||||
16 | (1) the premises is constructed on land that once | ||||||
17 | contained an industrial steel facility; | ||||||
18 | (2) the premises is located on land that has undergone | ||||||
19 | environmental remediation; | ||||||
20 | (3) the premises is located within a retail complex | ||||||
21 | containing retail stores where some of the stores sell | ||||||
22 | alcoholic beverages; | ||||||
23 | (4) the principal activity of any restaurant in the | ||||||
24 | retail complex is the sale of food, and the sale of | ||||||
25 | alcoholic liquor is incidental to the sale of food; | ||||||
26 | (5) the sale of alcoholic liquor is not the principal |
| |||||||
| |||||||
1 | business carried on by the grocery store; | ||||||
2 | (6) the entrance to any business that sells alcoholic | ||||||
3 | liquor is more than 100 feet from the entrance to the | ||||||
4 | school; | ||||||
5 | (7) the alderman of the ward where the premises is | ||||||
6 | located has given written approval of the issuance of the | ||||||
7 | license; and | ||||||
8 | (8) the principal of the school has given written | ||||||
9 | consent to the issuance of the license. | ||||||
10 | (ff) Notwithstanding any provision of this Section to the | ||||||
11 | contrary, nothing in this Section shall prohibit the issuance | ||||||
12 | or renewal of a license authorizing the sale of alcoholic | ||||||
13 | liquor at a premises that is located within a municipality with | ||||||
14 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
15 | feet of a school if: | ||||||
16 | (1) the sale of alcoholic liquor is not the principal | ||||||
17 | business carried on at the premises; | ||||||
18 | (2) the sale of alcoholic liquor at the premises is | ||||||
19 | incidental to the operation of a theater; | ||||||
20 | (3) the premises is a one and one-half-story building | ||||||
21 | of approximately 10,000 square feet; | ||||||
22 | (4) the school is a City of Chicago School District 299 | ||||||
23 | school; | ||||||
24 | (5) the primary entrance of the premises and the | ||||||
25 | primary entrance of the school are at least 300 feet apart | ||||||
26 | and no more than 400 feet apart; |
| |||||||
| |||||||
1 | (6) the alderman of the ward in which the premises is | ||||||
2 | located has expressed, in writing, his support for the | ||||||
3 | issuance of the license; and | ||||||
4 | (7) the principal of the school has expressed, in | ||||||
5 | writing, that there is no objection to the issuance of a | ||||||
6 | license under this subsection (ff). | ||||||
7 | (gg) Notwithstanding any provision of this Section to the | ||||||
8 | contrary, nothing in this Section shall prohibit the issuance | ||||||
9 | or renewal of a license authorizing the sale of alcoholic | ||||||
10 | liquor incidental to the sale of food within a restaurant or | ||||||
11 | banquet facility established in a premises that is located in a | ||||||
12 | municipality with a population in excess of 1,000,000 | ||||||
13 | inhabitants and within 100 feet of a church if: | ||||||
14 | (1) the sale of alcoholic liquor is not the principal | ||||||
15 | business carried on by the licensee at the premises; | ||||||
16 | (2) the property on which the church is located and the | ||||||
17 | property on which the premises are located are both within | ||||||
18 | a district originally listed on the National Register of | ||||||
19 | Historic Places on February 14, 1979; | ||||||
20 | (3) the property on which the premises are located | ||||||
21 | contains one or more multi-story buildings that are at | ||||||
22 | least 95 years old and have no more than three stories; | ||||||
23 | (4) the building in which the church is located is at | ||||||
24 | least 120 years old; | ||||||
25 | (5) the property on which the church is located is | ||||||
26 | immediately adjacent to and west of the property on which |
| |||||||
| |||||||
1 | the premises are located; | ||||||
2 | (6) the western boundary of the property on which the | ||||||
3 | premises are located is no less than 118 feet in length and | ||||||
4 | no more than 122 feet in length; | ||||||
5 | (7) as of December 31, 2012, both the church property | ||||||
6 | and the property on which the premises are located are | ||||||
7 | within 250 feet of City of Chicago Business-Residential | ||||||
8 | Planned Development Number 38; | ||||||
9 | (8) the principal religious leader at the place of | ||||||
10 | worship has indicated his or her support for the issuance | ||||||
11 | of the license in writing; and | ||||||
12 | (9) the alderman in whose district the premises are | ||||||
13 | located has expressed his or her support for the issuance | ||||||
14 | of the license in writing. | ||||||
15 | For the purposes of this subsection, "banquet facility" | ||||||
16 | means the part of the building that is located on the floor | ||||||
17 | above a restaurant and caters to private parties and where the | ||||||
18 | sale of alcoholic liquors is not the principal business. | ||||||
19 | (hh) Notwithstanding any provision of this Section to the | ||||||
20 | contrary, nothing in this Section shall prohibit the issuance | ||||||
21 | or renewal of a license authorizing the sale of alcoholic | ||||||
22 | liquor within a hotel and at an outdoor patio area attached to | ||||||
23 | the hotel that are located in a municipality with a population | ||||||
24 | in excess of 1,000,000 inhabitants and that are within 100 feet | ||||||
25 | of a hospital if: | ||||||
26 | (1) the sale of alcoholic liquor is not the principal |
| |||||||
| |||||||
1 | business carried on by the licensee at the hotel; | ||||||
2 | (2) the hotel is located within the City of Chicago | ||||||
3 | Business Planned Development Number 468; and | ||||||
4 | (3) the hospital is located within the City of Chicago | ||||||
5 | Institutional Planned Development Number 3. | ||||||
6 | (ii) Notwithstanding any provision of this Section to the | ||||||
7 | contrary, nothing in this Section shall prohibit the issuance | ||||||
8 | or renewal of a license authorizing the sale of alcoholic | ||||||
9 | liquor within a restaurant and at an outdoor patio area | ||||||
10 | attached to the restaurant that are located in a municipality | ||||||
11 | with a population in excess of 1,000,000 inhabitants and that | ||||||
12 | are within 100 feet of a church if: | ||||||
13 | (1) the sale of alcoholic liquor at the premises is not | ||||||
14 | the principal business carried on by the licensee and is | ||||||
15 | incidental to the sale of food; | ||||||
16 | (2) the restaurant has been operated on the street | ||||||
17 | level of a 2-story building located on a corner lot since | ||||||
18 | 2008; | ||||||
19 | (3) the restaurant is between 3,700 and 4,000 square | ||||||
20 | feet and sits on a lot that is no more than 6,200 square | ||||||
21 | feet; | ||||||
22 | (4) the primary entrance to the restaurant and the | ||||||
23 | primary entrance to the church are located on the same | ||||||
24 | street; | ||||||
25 | (5) the street on which the restaurant and the church | ||||||
26 | are located is a major east-west street; |
| |||||||
| |||||||
1 | (6) the restaurant and the church are separated by a | ||||||
2 | one-way northbound street; | ||||||
3 | (7) the church is located to the west of and no more | ||||||
4 | than 65 feet from the restaurant; and | ||||||
5 | (8) the principal religious leader at the place of | ||||||
6 | worship has indicated his or her consent to the issuance of | ||||||
7 | the license in writing. | ||||||
8 | (jj) Notwithstanding any provision of this Section to the | ||||||
9 | contrary, nothing in this Section shall prohibit the issuance | ||||||
10 | or renewal of a license authorizing the sale of alcoholic | ||||||
11 | liquor at premises located within a municipality with a | ||||||
12 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
13 | feet of a church if: | ||||||
14 | (1) the sale of alcoholic liquor is not the principal | ||||||
15 | business carried on by the licensee at the premises; | ||||||
16 | (2) the sale of alcoholic liquor is incidental to the | ||||||
17 | sale of food; | ||||||
18 | (3) the premises are located east of the church, on | ||||||
19 | perpendicular streets, and separated by an alley; | ||||||
20 | (4) the distance between the primary entrance of the | ||||||
21 | premises and the primary entrance of the church is at least | ||||||
22 | 175 feet; | ||||||
23 | (5) the distance between the property line of the | ||||||
24 | premises and the property line of the church is at least 40 | ||||||
25 | feet; | ||||||
26 | (6) the licensee has been operating at the premises |
| |||||||
| |||||||
1 | since 2012; | ||||||
2 | (7) the church was constructed in 1904; | ||||||
3 | (8) 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; and | ||||||
6 | (9) the principal religious leader of the church has | ||||||
7 | delivered a written statement that he or she does not | ||||||
8 | object to the issuance of a license under this subsection | ||||||
9 | (jj). | ||||||
10 | (kk) Notwithstanding any provision of this Section to the | ||||||
11 | contrary, nothing in this Section shall prohibit the issuance | ||||||
12 | or renewal of a license authorizing the sale of alcoholic | ||||||
13 | liquor at a premises that is located within a municipality with | ||||||
14 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
15 | feet of a school if: | ||||||
16 | (1) the sale of alcoholic liquor is not the principal | ||||||
17 | business carried on by the licensee at the premises; | ||||||
18 | (2) the licensee shall only sell packaged liquors on | ||||||
19 | the premises; | ||||||
20 | (3) the licensee is a national retail chain; | ||||||
21 | (4) as of February 27, 2013, the licensee had 1,778 | ||||||
22 | stores operating nationwide, 89 operating in this State, | ||||||
23 | and 11 stores operating within the municipality; | ||||||
24 | (5) the licensee shall occupy approximately 169,048 | ||||||
25 | square feet of space within a building that is located | ||||||
26 | across the street from a tuition-based preschool; and |
| |||||||
| |||||||
1 | (6) the alderman of the ward in which the premises is | ||||||
2 | located has expressed, in writing, his or her support for | ||||||
3 | the issuance of the license. | ||||||
4 | (ll) Notwithstanding any provision of this Section to the | ||||||
5 | contrary, nothing in this Section shall prohibit the issuance | ||||||
6 | or renewal of a license authorizing the sale of alcoholic | ||||||
7 | liquor at a premises that is located within a municipality with | ||||||
8 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
9 | feet 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 191,535 | ||||||
19 | square feet of space within a building that is located | ||||||
20 | across the street from an elementary school; 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 | (mm) Notwithstanding any provision of this Section to the | ||||||
25 | contrary, nothing in this Section shall prohibit the issuance | ||||||
26 | or renewal of a license authorizing the sale of alcoholic |
| |||||||
| |||||||
1 | liquor within premises and at an outdoor patio or sidewalk | ||||||
2 | cafe, or both, attached to premises that are located in a | ||||||
3 | municipality with a population in excess of 1,000,000 | ||||||
4 | inhabitants and that are within 100 feet of a hospital if: | ||||||
5 | (1) the primary business of the restaurant consists of | ||||||
6 | the sale of food where the sale of liquor is incidental to | ||||||
7 | the sale of food; | ||||||
8 | (2) as a restaurant, the premises may or may not offer | ||||||
9 | catering as an incidental part of food service; | ||||||
10 | (3) the primary business of the restaurant is conducted | ||||||
11 | in space owned by a hospital or an entity owned or | ||||||
12 | controlled by, under common control with, or that controls | ||||||
13 | a hospital, and the chief hospital administrator has | ||||||
14 | expressed his or her support for the issuance of the | ||||||
15 | license in writing; and | ||||||
16 | (4) the hospital is an adult acute care facility | ||||||
17 | primarily located within the City of Chicago Institutional | ||||||
18 | Planned Development Number 3. | ||||||
19 | (nn) Notwithstanding any provision of this Section to the | ||||||
20 | contrary, nothing in this Section shall prohibit the issuance | ||||||
21 | or renewal of a license authorizing the sale of alcoholic | ||||||
22 | liquor at a premises that is located within a municipality with | ||||||
23 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
24 | feet of a church if: | ||||||
25 | (1) the sale of alcoholic liquor is not the principal | ||||||
26 | business carried out on the premises; |
| |||||||
| |||||||
1 | (2) the sale of alcoholic liquor at the premises is | ||||||
2 | incidental to the operation of a theater; | ||||||
3 | (3) the premises are a building that was constructed in | ||||||
4 | 1913 and opened on May 24, 1915 as a vaudeville theater, | ||||||
5 | and the premises were converted to a motion picture theater | ||||||
6 | in 1935; | ||||||
7 | (4) the church was constructed in 1889 with a stone | ||||||
8 | exterior; | ||||||
9 | (5) the primary entrance of the premises and the | ||||||
10 | primary entrance of the church are at least 100 feet apart; | ||||||
11 | and | ||||||
12 | (6) the principal religious leader at the place of | ||||||
13 | worship has indicated his or her consent to the issuance of | ||||||
14 | the license in writing; and | ||||||
15 | (7) 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 | (oo) Notwithstanding any provision of this Section to the | ||||||
19 | contrary, nothing in this Section shall prohibit the issuance | ||||||
20 | or renewal of a license authorizing the sale of alcoholic | ||||||
21 | liquor at a premises that is located within a municipality with | ||||||
22 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
23 | feet of a mosque, church, or other place of worship if: | ||||||
24 | (1) the primary entrance of the premises and the | ||||||
25 | primary entrance of the mosque, church, or other place of | ||||||
26 | worship are perpendicular and are on different streets; |
| |||||||
| |||||||
1 | (2) the primary entrance to the premises faces West and | ||||||
2 | the primary entrance to the mosque, church, or other place | ||||||
3 | of worship faces South; | ||||||
4 | (3) the distance between the 2 primary entrances is at | ||||||
5 | least 100 feet; | ||||||
6 | (4) the mosque, church, or other place of worship was | ||||||
7 | established in a location within 100 feet of the premises | ||||||
8 | after a license for the sale of alcohol at the premises was | ||||||
9 | first issued; | ||||||
10 | (5) the mosque, church, or other place of worship was | ||||||
11 | established on or around January 1, 2011; | ||||||
12 | (6) a license for the sale of alcohol at the premises | ||||||
13 | was first issued on or before January 1, 1985; | ||||||
14 | (7) a license for the sale of alcohol at the premises | ||||||
15 | has been continuously in effect since January 1, 1985, | ||||||
16 | except for interruptions between licenses of no more than | ||||||
17 | 90 days; and | ||||||
18 | (8) the premises are a single-story, single-use | ||||||
19 | building of at least 3,000 square feet and no more than | ||||||
20 | 3,380 square feet. | ||||||
21 | (pp) Notwithstanding any provision of this Section to the | ||||||
22 | contrary, nothing in this Section shall prohibit the issuance | ||||||
23 | or renewal of a license authorizing the sale of alcoholic | ||||||
24 | liquor incidental to the sale of food within a restaurant or | ||||||
25 | banquet facility established on premises that are located in a | ||||||
26 | municipality with a population in excess of 1,000,000 |
| |||||||
| |||||||
1 | inhabitants and within 100 feet of at least one church if: | ||||||
2 | (1) the sale of liquor shall not be the principal | ||||||
3 | business carried on by the licensee at the premises; | ||||||
4 | (2) the premises are at least 2,000 square feet and no | ||||||
5 | more than 10,000 square feet and is located in a | ||||||
6 | single-story building; | ||||||
7 | (3) the property on which the premises are located is | ||||||
8 | within an area that, as of 2009, was designated as a | ||||||
9 | Renewal Community by the United States Department of | ||||||
10 | Housing and Urban Development; | ||||||
11 | (4) the property on which the premises are located and | ||||||
12 | the properties on which the churches are located are on the | ||||||
13 | same street; | ||||||
14 | (5) the property on which the premises are located is | ||||||
15 | immediately adjacent to and east of the property on which | ||||||
16 | at least one of the churches is located; | ||||||
17 | (6) the property on which the premises are located is | ||||||
18 | across the street and southwest of the property on which | ||||||
19 | another church is located; | ||||||
20 | (7) the principal religious leaders of the churches | ||||||
21 | have indicated their support for the issuance of the | ||||||
22 | license in writing; and | ||||||
23 | (8) the alderman in whose ward the premises are located | ||||||
24 | has expressed his or her support for the issuance of the | ||||||
25 | license in writing. | ||||||
26 | For purposes of this subsection (pp), "banquet facility" |
| |||||||
| |||||||
1 | means the part of the building that caters to private parties | ||||||
2 | and where the sale of alcoholic liquors is not the principal | ||||||
3 | business. | ||||||
4 | (qq) Notwithstanding any provision of this Section to the | ||||||
5 | contrary, nothing in this Section shall prohibit the issuance | ||||||
6 | or renewal of a license authorizing the sale of alcoholic | ||||||
7 | liquor on premises that are located within a municipality with | ||||||
8 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
9 | feet of a church or school if: | ||||||
10 | (1) the primary entrance of the premises and the | ||||||
11 | closest entrance of the church or school are at least 200 | ||||||
12 | feet apart and no greater than 300 feet apart; | ||||||
13 | (2) the shortest distance between the premises and the | ||||||
14 | church or school is at least 66 feet apart and no greater | ||||||
15 | than 81 feet apart; | ||||||
16 | (3) the premises are a single-story, steel-framed | ||||||
17 | commercial building with at least 18,042 square feet, and | ||||||
18 | was constructed in 1925 and 1997; | ||||||
19 | (4) the owner of the business operated within the | ||||||
20 | premises has been the general manager of a similar | ||||||
21 | supermarket within one mile from the premises, which has | ||||||
22 | had a valid license authorizing the sale of alcoholic | ||||||
23 | liquor since 2002, and is in good standing with the City of | ||||||
24 | Chicago; | ||||||
25 | (5) the principal religious leader at the place of | ||||||
26 | worship has indicated his or her support to the issuance or |
| |||||||
| |||||||
1 | renewal of the license in writing; | ||||||
2 | (6) the alderman of the ward has indicated his or her | ||||||
3 | support to the issuance or renewal of the license in | ||||||
4 | writing; and | ||||||
5 | (7) the principal of the school has indicated his or | ||||||
6 | her support to the issuance or renewal of the license in | ||||||
7 | writing. | ||||||
8 | (rr) Notwithstanding any provision of this Section to the | ||||||
9 | contrary, nothing in this Section shall prohibit the issuance | ||||||
10 | or renewal of a license authorizing the sale of alcoholic | ||||||
11 | liquor at premises located within a municipality with a | ||||||
12 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
13 | feet of a club that leases space to a school if: | ||||||
14 | (1) the sale of alcoholic liquor is not the principal | ||||||
15 | business carried out on the premises; | ||||||
16 | (2) the sale of alcoholic liquor at the premises is | ||||||
17 | incidental to the operation of a grocery store; | ||||||
18 | (3) the premises are a building of approximately 1,750 | ||||||
19 | square feet and is rented by the owners of the grocery | ||||||
20 | store from a family member; | ||||||
21 | (4) the property line of the premises is approximately | ||||||
22 | 68 feet from the property line of the club; | ||||||
23 | (5) the primary entrance of the premises and the | ||||||
24 | primary entrance of the club where the school leases space | ||||||
25 | are at least 100 feet apart; | ||||||
26 | (6) the director of the club renting space to the |
| |||||||
| |||||||
1 | school has indicated his or her consent to the issuance of | ||||||
2 | the license in writing; and | ||||||
3 | (7) the alderman in whose district the premises are | ||||||
4 | located has expressed his or her support for the issuance | ||||||
5 | of the license in writing. | ||||||
6 | (ss) Notwithstanding any provision of this Section to the | ||||||
7 | contrary, nothing in this Section shall prohibit the issuance | ||||||
8 | or renewal of a license authorizing the sale of alcoholic | ||||||
9 | liquor at premises located within a municipality with a | ||||||
10 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
11 | feet of a church if: | ||||||
12 | (1) the premises are located within a 15 unit building | ||||||
13 | with 13 residential apartments and 2 commercial spaces, and | ||||||
14 | the licensee will occupy both commercial spaces; | ||||||
15 | (2) a restaurant has been operated on the premises | ||||||
16 | since June 2011; | ||||||
17 | (3) the restaurant currently occupies 1,075 square | ||||||
18 | feet, but will be expanding to include 975 additional | ||||||
19 | square feet; | ||||||
20 | (4) the sale of alcoholic liquor is not the principal | ||||||
21 | business carried on by the licensee at the premises; | ||||||
22 | (5) the premises are located south of the church and on | ||||||
23 | the same street and are separated by a one-way westbound | ||||||
24 | street; | ||||||
25 | (6) the primary entrance of the premises is at least 93 | ||||||
26 | feet from the primary entrance of the church; |
| |||||||
| |||||||
1 | (7) the shortest distance between any part of the | ||||||
2 | premises and any part of the church is at least 72 feet; | ||||||
3 | (8) the building in which the restaurant is located was | ||||||
4 | built in 1910; | ||||||
5 | (9) the alderman of the ward in which the premises are | ||||||
6 | located has expressed, in writing, his or her support for | ||||||
7 | the issuance of the license; and | ||||||
8 | (10) the principal religious leader of the church has | ||||||
9 | delivered a written statement that he or she does not | ||||||
10 | object to the issuance of a license under this subsection | ||||||
11 | (ss). | ||||||
12 | (tt) Notwithstanding any provision of this Section to the | ||||||
13 | contrary, nothing in this Section shall prohibit the issuance | ||||||
14 | or renewal of a license authorizing the sale of alcoholic | ||||||
15 | liquor at premises located within a municipality with a | ||||||
16 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
17 | feet of a church if: | ||||||
18 | (1) the sale of alcoholic liquor is not the principal | ||||||
19 | business carried on by the licensee at the premises; | ||||||
20 | (2) the sale of alcoholic liquor is incidental to the | ||||||
21 | sale of food; | ||||||
22 | (3) the sale of alcoholic liquor at the premises was | ||||||
23 | previously authorized by a package goods liquor license; | ||||||
24 | (4) the premises are at least 40,000 square feet with | ||||||
25 | 25 parking spaces in the contiguous surface lot to the | ||||||
26 | north of the store and 93 parking spaces on the roof; |
| |||||||
| |||||||
1 | (5) the shortest distance between the lot line of the | ||||||
2 | parking lot of the premises and the exterior wall of the | ||||||
3 | church is at least 80 feet; | ||||||
4 | (6) the distance between the building in which the | ||||||
5 | church is located and the building in which the premises | ||||||
6 | are located is at least 180 feet; | ||||||
7 | (7) the main entrance to the church faces west and is | ||||||
8 | at least 257 feet from the main entrance of the premises; | ||||||
9 | and | ||||||
10 | (8) the applicant is the owner of 10 similar grocery | ||||||
11 | stores within the City of Chicago and the surrounding area | ||||||
12 | and has been in business for more than 30 years. | ||||||
13 | (uu) Notwithstanding any provision of this Section to the | ||||||
14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
15 | or renewal of a license authorizing the sale of alcoholic | ||||||
16 | liquor at premises located within a municipality with a | ||||||
17 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
18 | feet of a church if: | ||||||
19 | (1) the sale of alcoholic liquor is not the principal | ||||||
20 | business carried on by the licensee at the premises; | ||||||
21 | (2) the sale of alcoholic liquor is incidental to the | ||||||
22 | operation of a grocery store; | ||||||
23 | (3) the premises are located in a building that is | ||||||
24 | approximately 68,000 square feet with 157 parking spaces on | ||||||
25 | property that was previously vacant land; | ||||||
26 | (4) the main entrance to the church faces west and is |
| |||||||
| |||||||
1 | at least 500 feet from the entrance of the premises, which | ||||||
2 | faces north; | ||||||
3 | (5) the church and the premises are separated by an | ||||||
4 | alley; | ||||||
5 | (6) the applicant is the owner of 9 similar grocery | ||||||
6 | stores in the City of Chicago and the surrounding area and | ||||||
7 | has been in business for more than 40 years; and | ||||||
8 | (7) the alderman of the ward in which the premises are | ||||||
9 | located has expressed, in writing, his or her support for | ||||||
10 | the issuance of the license. | ||||||
11 | (vv) Notwithstanding any provision of this Section to the | ||||||
12 | contrary, nothing in this Section shall prohibit the issuance | ||||||
13 | or renewal of a license authorizing the sale of alcoholic | ||||||
14 | liquor at premises located within a municipality with a | ||||||
15 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
16 | feet of a church if: | ||||||
17 | (1) the sale of alcoholic liquor is the principal | ||||||
18 | business carried on by the licensee at the premises; | ||||||
19 | (2) the sale of alcoholic liquor is primary to the sale | ||||||
20 | of food; | ||||||
21 | (3) the premises are located south of the church and on | ||||||
22 | perpendicular streets and are separated by a driveway; | ||||||
23 | (4) the primary entrance of the premises is at least | ||||||
24 | 100 feet from the primary entrance of the church; | ||||||
25 | (5) the shortest distance between any part of the | ||||||
26 | premises and any part of the church is at least 15 feet; |
| |||||||
| |||||||
1 | (6) the premises are less than 100 feet from the church | ||||||
2 | center, but greater than 100 feet from the area within the | ||||||
3 | building where church services are held; | ||||||
4 | (7) the premises are 25,830 square feet and sit on a | ||||||
5 | lot that is 0.48 acres; | ||||||
6 | (8) the premises were once designated as a Korean | ||||||
7 | American Presbyterian Church and were once used as a | ||||||
8 | Masonic Temple; | ||||||
9 | (9) the premises were built in 1910; | ||||||
10 | (10) the alderman of the ward in which the premises are | ||||||
11 | located has expressed, in writing, his or her support for | ||||||
12 | the issuance of the license; and | ||||||
13 | (11) the principal religious leader of the church has | ||||||
14 | delivered a written statement that he or she does not | ||||||
15 | object to the issuance of a license under this subsection | ||||||
16 | (vv). | ||||||
17 | For the purposes of this subsection (vv), "premises" means | ||||||
18 | a place of business together with a privately owned outdoor | ||||||
19 | location that is adjacent to the place of business.
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20 | (ww) Notwithstanding any provision of this Section to the
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21 | contrary, nothing in this Section shall prohibit the issuance
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22 | or renewal of a license authorizing the sale of alcoholic
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23 | liquor at premises located within a municipality with a
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24 | population in excess of 1,000,000 inhabitants and within 100
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25 | feet of a school if: | ||||||
26 | (1) the school is located within Sub Area III of City |
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1 | of Chicago Residential-Business Planned Development Number | ||||||
2 | 523, as amended; and | ||||||
3 | (2) the premises are located within Sub Area I, Sub | ||||||
4 | Area II, or Sub Area IV of City of Chicago | ||||||
5 | Residential-Business Planned Development Number 523, as | ||||||
6 | amended. | ||||||
7 | (xx) Notwithstanding any provision of this Section to the | ||||||
8 | contrary, nothing in this Section shall prohibit the issuance | ||||||
9 | or renewal of a license authorizing the sale of alcoholic | ||||||
10 | liquor at premises located within a municipality with a | ||||||
11 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
12 | feet of a church if: | ||||||
13 | (1) the sale of wine or wine-related products is the | ||||||
14 | exclusive business carried on by the licensee at the | ||||||
15 | premises; | ||||||
16 | (2) the primary entrance of the premises and the | ||||||
17 | primary entrance of the church are at least 100 feet apart | ||||||
18 | and are located on different streets; | ||||||
19 | (3) the building in which the premises are located and | ||||||
20 | the building in which the church is located are separated | ||||||
21 | by an alley; | ||||||
22 | (4) the premises consists of less than 2,000 square | ||||||
23 | feet of floor area dedicated to the sale of wine or | ||||||
24 | wine-related products; | ||||||
25 | (5) the premises are located on the first floor of a | ||||||
26 | 2-story building that is at least 99 years old and has a |
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1 | residential unit on the second floor; and | ||||||
2 | (6) the principal religious leader at the church has | ||||||
3 | indicated his or her support for the issuance or renewal of | ||||||
4 | the license in writing. | ||||||
5 | (Source: P.A. 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634, | ||||||
6 | eff. 12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12; | ||||||
7 | 97-806, eff. 7-13-12; 97-1166, eff. 3-1-13; 98-274, eff. | ||||||
8 | 8-9-13; 98-463, eff. 8-16-13; 98-571, eff. 8-27-13; 98-592, | ||||||
9 | eff. 11-15-13; 98-1092, eff. 8-26-14; 98-1158, eff. 1-9-15; | ||||||
10 | 09900SB0398ham002.)
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