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| [ Conference Committee Report 001 ] |
91_SB0656
LRB9103496LDmb
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Sections 6-11 and 7-13.
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 Sections 6-11 and 7-13 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 tourism, convention, and banquet business,
20 nothing in this Section shall prohibit issuance of a retail
21 license authorizing the sale of alcoholic beverages to a
22 restaurant, banquet facility, or hotel having not fewer than
23 150 guest room accommodations located in a municipality of
24 more than 500,000 persons, notwithstanding the proximity of
25 such hotel, restaurant, or banquet facility to any church or
26 school, if the licensed premises described on the license are
27 located within an enclosed mall or building of a height of at
28 least 6 stories, or 60 feet in the case of a building that
29 has been registered as a national landmark, and in either
30 case if the sale of alcoholic liquors is not the principal
31 business carried on by the licensee license.
32 For purposes of this Section, a "banquet facility" is any
33 part of a building that caters to private parties and where
34 the sale of alcoholic liquors is not the principal business.
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1 Nothing in this Section shall prohibit the issuance of a
2 license to a church or private school to sell at retail
3 alcoholic liquor if any such sales are limited to periods
4 when groups are assembled on the premises solely for the
5 promotion of some common object other than the sale or
6 consumption of alcoholic liquors.
7 Nothing in this Section shall prohibit a church or church
8 affiliated school located in a municipality with 75,000 or
9 more inhabitants from locating within 100 feet of a property
10 for which there is a preexisting license to sell alcoholic
11 liquor at retail. In these instances, the local zoning
12 authority may, by ordinance adopted simultaneously with the
13 granting of an initial special use zoning permit for the
14 church or church affiliated school, provide that the 100-foot
15 restriction in this Section shall not apply to that church or
16 church affiliated school and future retail liquor licenses.
17 (Source: P.A. 89-308, eff. 1-1-96; 89-709, eff. 2-14-97;
18 90-617, eff. 7-10-98; 90-655, eff. 7-30-98; revised
19 10-31-98.)
20 (235 ILCS 5/7-13) (from Ch. 43, par. 156)
21 Sec. 7-13. Granting licenses after revocation; waiting
22 period; discretion. When any license shall have been revoked
23 for any cause, no license shall be granted to any person for
24 the period of one year thereafter for the conduct of the
25 business of manufacturing, distributing, or selling alcoholic
26 liquor in the premises described in the revoked license
27 unless the revocation order has been vacated or unless the
28 revocation order was entered as to the licensee only.
29 Nothing in this Section shall prohibit the issuance of a
30 retail license authorizing the sale of alcoholic liquor
31 incidental to a restaurant if (1) the primary business of the
32 restaurant consists of the sale of food where the sale of
33 liquor is incidental to the sale of food and the applicant is
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1 a completely new owner of the restaurant, (2) the immediately
2 prior owner or operator of the premises where the restaurant
3 is located operated the premises as a restaurant and held a
4 valid retail license authorizing the sale of alcoholic liquor
5 at the restaurant for at least part of the 24 months before
6 the change of ownership, and (3) the restaurant is located 75
7 or more feet from a school.
8 (Source: P.A. 89-250, eff. 1-1-96.)