Public Act 90-0617 of the 90th General Assembly
Public Act 90-0617
HB3254 Enrolled LRB9011110LDdvA
AN ACT to amend the Liquor Control Act of 1934 by
changing Section 6-11 and adding Section 6-16.2.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Section 6-11 and adding Section 6-16.2 as follows:
(235 ILCS 5/6-11) (from Ch. 43, par. 127)
Sec. 6-11. No license shall be issued for the sale at
retail of any alcoholic liquor within 100 feet of any church,
school other than an institution of higher learning,
hospital, home for aged or indigent persons or for veterans,
their spouses or children or any military or naval station,
provided, that this prohibition shall not apply to hotels
offering restaurant service, regularly organized clubs, or to
restaurants, food shops or other places where sale of
alcoholic liquors is not the principal business carried on if
the place of business so exempted is not located in a
municipality of more than 500,000 persons, unless required by
local ordinance; nor to the renewal of a license for the sale
at retail of alcoholic liquor on premises within 100 feet of
any church or school where the church or school has been
established within such 100 feet since the issuance of the
original license. In the case of a church, the distance of
100 feet shall be measured to the nearest part of any
building used for worship services or educational programs
and not to property boundaries.
Nothing in this Section shall prohibit the issuance of a
retail license authorizing the sale of alcoholic liquor to a
restaurant, the primary business of which is the sale of
goods baked on the premises if (i) the restaurant is newly
constructed and located on a lot of not less than 10,000
square feet, (ii) the restaurant costs at least $1,000,000 to
construct, (iii) the licensee is the titleholder to the
premises and resides on the premises, and (iv) the
construction of the restaurant is completed within 18 months
of the effective date of this amendatory Act of 1998.
In the interest of further developing Illinois' economy
in the area of tourism, convention, and banquet business,
nothing in this Section shall prohibit issuance of a retail
license authorizing the sale of alcoholic beverages to a
restaurant, banquet facility, or hotel having not fewer than
150 guest room accommodations located in a municipality of
more than 500,000 persons, notwithstanding the proximity of
such hotel, restaurant, or banquet facility to any church or
school, if the licensed premises described on the license are
located within an enclosed mall or building of a height of at
least 6 stories, or 60 feet in the case of a building that
has been registered as a national landmark, and in either
case if the sale of alcoholic liquors is not the principal
business carried on by the license.
For purposes of this Section, a "banquet facility" is any
part of a building that caters to private parties and where
the sale of alcoholic liquors is not the principal business.
Nothing in this Section shall prohibit the issuance of a
license to a church or private school to sell at retail
alcoholic liquor if any such sales are limited to periods
when groups are assembled on the premises solely for the
promotion of some common object other than the sale or
consumption of alcoholic liquors.
Nothing in this Section shall prohibit a church or church
affiliated school located in a municipality with 75,000 or
more inhabitants from locating within 100 feet of a property
for which there is a preexisting license to sell alcoholic
liquor at retail. In these instances, the local zoning
authority may, by ordinance adopted simultaneously with the
granting of an initial special use zoning permit for the
church or church affiliated school, provide that the 100-foot
restriction in this Section shall not apply to that church or
church affiliated school and future retail liquor licenses.
(Source: P.A. 89-308, eff. 1-1-96; 89-709, eff. 2-14-97;
revised 2-20-97.)
(235 ILCS 5/6-16.2 new)
Sec. 6-16.2. Prohibited entry to a licensed premises. A
municipality or county may prohibit a licensee or any
officer, associate, member, representative, agent, or
employee of a licensee from permitting a person under the age
of 21 years to enter and remain in that portion of a licensed
premises that sells, gives, or delivers alcoholic liquor for
consumption on the premises. No prohibition under this
Section, however, shall apply to any licensed premises, such
as without limitation a restaurant or food shop, where
selling, giving, or delivering alcoholic liquor is not the
principal business of the licensee at those premises.
In those instances where a person under the age of 21
years is prohibited from entering and remaining on the
premises, proof that the defendant-licensee, or his employee
or agent, demanded, was shown, and reasonably relied upon
adequate written evidence for purposes of entering and
remaining on the licensed premises is an affirmative defense
in any criminal prosecution therefor or to any proceedings
for the suspension or revocation of any license based
thereon. It shall not, however, be an affirmative defense if
the defendant-license, or his agent or employee, accepted the
written evidence knowing it to be false or fraudulent.
Adequate written evidence of age and identity of the
person is a document issued by a federal, state, county, or
municipal government, or subdivision or agency thereof,
including, but not limited to, a motor vehicle operator's
license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued to a
member of the armed forces.
If a false or fraudulent Illinois driver's license or
Illinois identification card is presented by a person less
than 21 years of age to a licensee or the licensee's agent or
employee for the purpose of obtaining entry and remaining on
a licensed premises, the law enforcement officer or agency
investigating the incident shall, upon the conviction of the
person who presented the fraudulent license or
identification, make a report of the matter to the Secretary
of State on a form provided by the Secretary of State.
Section 99. Effective date. This Act takes effect upon
becoming law.