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91_HB3870
LRB9111754LDpk
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 6-11.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Section 6-11 as follows:
7 (235 ILCS 5/6-11) (from Ch. 43, par. 127)
8 Sec. 6-11. No license shall be issued for the sale at
9 retail of any alcoholic liquor within 100 feet of any church,
10 school other than an institution of higher learning,
11 hospital, home for aged or indigent persons or for veterans,
12 their spouses or children or any military or naval station,
13 provided, that this prohibition shall not apply to hotels
14 offering restaurant service, regularly organized clubs, or to
15 restaurants, food shops or other places where sale of
16 alcoholic liquors is not the principal business carried on if
17 the place of business so exempted is not located in a
18 municipality of more than 500,000 persons, unless required by
19 local ordinance; nor to the renewal of a license for the sale
20 at retail of alcoholic liquor on premises within 100 feet of
21 any church or school where the church or school has been
22 established within such 100 feet since the issuance of the
23 original license. In the case of a church, the distance of
24 100 feet shall be measured to the nearest part of any
25 building used for worship services or educational programs
26 and not to property boundaries.
27 Nothing in this Section shall prohibit the issuance of a
28 retail license authorizing the sale of alcoholic liquor to a
29 restaurant, the primary business of which is the sale of
30 goods baked on the premises if (i) the restaurant is newly
31 constructed and located on a lot of not less than 10,000
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1 square feet, (ii) the restaurant costs at least $1,000,000 to
2 construct, (iii) the licensee is the titleholder to the
3 premises and resides on the premises, and (iv) the
4 construction of the restaurant is completed within 18 months
5 of the effective date of this amendatory Act of 1998.
6 Nothing in this Section shall prohibit the issuance of a
7 retail license authorizing the sale of alcoholic liquor
8 incidental to a restaurant if (1) the primary business of the
9 restaurant consists of the sale of food where the sale of
10 liquor is incidental to the sale of food and the applicant is
11 a completely new owner of the restaurant, (2) the immediately
12 prior owner or operator of the premises where the restaurant
13 is located operated the premises as a restaurant and held a
14 valid retail license authorizing the sale of alcoholic liquor
15 at the restaurant for at least part of the 24 months before
16 the change of ownership, and (3) the restaurant is located 75
17 or more feet from a school.
18 In the interest of further developing Illinois' economy
19 in the area of commerce, tourism, convention, and banquet
20 business, nothing in this Section shall prohibit issuance of
21 a retail license authorizing the sale of alcoholic beverages
22 to a restaurant, banquet facility, grocery store, or hotel
23 having not fewer than 150 guest room accommodations located
24 in a municipality of more than 500,000 persons,
25 notwithstanding the proximity of such hotel, restaurant,
26 banquet facility, or grocery store to any church or school,
27 if the licensed premises described on the license are located
28 within an enclosed mall or building of a height of at least 6
29 stories, or 60 feet in the case of a building that has been
30 registered as a national landmark, or in a grocery store
31 having a minimum of 56,010 square feet of floor space in a
32 single story building in an open mall of at least 3.96 acres
33 that is adjacent to a public school that opened as a boys
34 technical high school in 1934, and in each of these cases if
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1 the sale of alcoholic liquors is not the principal business
2 carried on by the licensee.
3 For purposes of this Section, a "banquet facility" is any
4 part of a building that caters to private parties and where
5 the sale of alcoholic liquors is not the principal business.
6 Nothing in this Section shall prohibit the issuance of a
7 license to a church or private school to sell at retail
8 alcoholic liquor if any such sales are limited to periods
9 when groups are assembled on the premises solely for the
10 promotion of some common object other than the sale or
11 consumption of alcoholic liquors.
12 Nothing in this Section shall prohibit a church or church
13 affiliated school located in a municipality with 75,000 or
14 more inhabitants from locating within 100 feet of a property
15 for which there is a preexisting license to sell alcoholic
16 liquor at retail. In these instances, the local zoning
17 authority may, by ordinance adopted simultaneously with the
18 granting of an initial special use zoning permit for the
19 church or church affiliated school, provide that the 100-foot
20 restriction in this Section shall not apply to that church or
21 church affiliated school and future retail liquor licenses.
22 (Source: P.A. 90-617, eff. 7-10-98; 90-655, eff. 7-30-98;
23 91-357, eff. 7-29-99; 91-623, eff. 1-1-00.)