SB 723 — LIQUOR-LICENSE-100 FEET-CHURCH

SB0723 EngrossedEnrolled LRB098 04927 MGM 34957 b AN ACT concerning liquor.

In the case of a church, the distance of 100 feet shall be measured to the SB0723 EngrossedEnrolled - 2 - LRB098 04927 MGM 34957 b nearest part of any building used for worship services or educational programs and not to property boundaries.

(d) In the interest of further developing Illinois' economy in the area of commerce, tourism, convention, and banquet SB0723 EngrossedEnrolled - 3 - LRB098 04927 MGM 34957 b business, nothing in this Section shall prohibit issuance of a retail license authorizing the sale of alcoholic beverages to a restaurant, banquet facility, grocery store, or hotel having not fewer than 150 guest room accommodations located in a municipality of more than 500,000 persons, notwithstanding the proximity of such hotel, restaurant, banquet facility, or grocery store to any church or school, if the licensed premises described on the license are located within an enclosed mall or building of a height of at least 6 stories, or 60 feet in the case of a building that has been registered as a national landmark, or in a grocery store having a minimum of 56,010 square feet of floor space in a single story building in an open mall of at least 3.96 acres that is adjacent to a public school that opened as a boys technical high school in 1934, or in a grocery store having a minimum of 31,000 square feet of floor space in a single story building located a distance of more than 90 feet but less than 100 feet from a high school that opened in 1928 as a junior high school and became a senior high school in 1933, and in each of these cases if the sale of alcoholic liquors is not the principal business carried on by the licensee.

(e) Nothing in this Section shall prohibit the issuance of a license to a church or private school to sell at retail SB0723 EngrossedEnrolled - 4 - LRB098 04927 MGM 34957 b alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors.

(g) Nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor at premises within 100 feet, but not less than 90 feet, of a public school if (1) the premises have been continuously licensed to sell alcoholic liquor for a period of at least 50 years, (2) the premises are located in a municipality having a population of over 500,000 inhabitants, (3) the licensee is an individual who is a member of a family that has held the previous 3 licenses for that location for more than 25 years, (4) the principal of the school and the alderman of the ward in which the school is located have delivered a written statement SB0723 EngrossedEnrolled - 5 - LRB098 04927 MGM 34957 b to the local liquor control commissioner stating that they do not object to the issuance of a license under this subsection (g), and (5) the local liquor control commissioner has received the written consent of a majority of the registered voters who live within 200 feet of the premises.

(i) Notwithstanding any provision in this Section to the SB0723 EngrossedEnrolled - 6 - LRB098 04927 MGM 34957 b contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 300,000 inhabitants and is within 100 feet of a church, synagogue, or other place of worship if:

(1) the primary entrance of the premises and the SB0723 EngrossedEnrolled - 7 - LRB098 04927 MGM 34957 b primary entrance of the school are parallel, on different streets, and separated by an alley;

(2) the shortest distance between the premises and the church or school is at least 80 feet apart and no greater SB0723 EngrossedEnrolled - 8 - LRB098 04927 MGM 34957 b than 85 feet apart;

SB0723 EngrossedEnrolled - 9 - LRB098 04927 MGM 34957 b (3) the church was established at the current location in 1916 and the present structure was erected in 1925;

(4) the sale of alcoholic liquor at the premises is SB0723 EngrossedEnrolled - 10 - LRB098 04927 MGM 34957 b incidental to the sale of food;

For purposes of this subsection (o), "premises" means a place of business together with a privately owned outdoor SB0723 EngrossedEnrolled - 11 - LRB098 04927 MGM 34957 b location that is adjacent to the place of business.

(3) the larger building containing the premises is SB0723 EngrossedEnrolled - 12 - LRB098 04927 MGM 34957 b within 100 feet of the nearest property line of a church-owned property on which a church-affiliated school is located;

(2) the restaurant has operated on the ground floor and SB0723 EngrossedEnrolled - 13 - LRB098 04927 MGM 34957 b lower level of a multi-story, multi-use building for more than 40 years;

and (3) a license for the sale of alcoholic liquor on the premises has been continuously in effect since January 1, 2007, except for interruptions between licenses of no more SB0723 EngrossedEnrolled - 14 - LRB098 04927 MGM 34957 b than 90 days.

and (9) the principal religious leader of the church and either the alderman of the ward in which the school is located or the principal of the school have delivered a written statement to the local liquor control commissioner SB0723 EngrossedEnrolled - 15 - LRB098 04927 MGM 34957 b stating that he or she does not object to the issuance of a license under this subsection (t).

(8) the distance from the rear door of the premises to the southwest corner of the property line of the school is SB0723 EngrossedEnrolled - 16 - LRB098 04927 MGM 34957 b at least 93 feet;

SB0723 EngrossedEnrolled - 17 - LRB098 04927 MGM 34957 b (5) the distance from the school's property line to the property line of the premises for which the license or renewal is sought is at least 60 feet;

(6) the distance between the property line of the premises and the property line of the church is at least 20 SB0723 EngrossedEnrolled - 18 - LRB098 04927 MGM 34957 b feet;

(7) the principal religious leader of the church has SB0723 EngrossedEnrolled - 19 - LRB098 04927 MGM 34957 b indicated his support of the issuance of the license;

(7) the street on which the entrances of the premises and the school are located is a major diagonal SB0723 EngrossedEnrolled - 20 - LRB098 04927 MGM 34957 b thoroughfare;

SB0723 EngrossedEnrolled - 21 - LRB098 04927 MGM 34957 b (10) the premises is located on a major arterial street that runs east-west and accepts truck traffic;

(9) the premises has approximately 992 square feet of SB0723 EngrossedEnrolled - 22 - LRB098 04927 MGM 34957 b pharmacy space;

SB0723 EngrossedEnrolled - 23 - LRB098 04927 MGM 34957 b (8) the storefront directly west of the church is being used as a restaurant;

and (7) the building in which the premises shall be located SB0723 EngrossedEnrolled - 24 - LRB098 04927 MGM 34957 b has been listed on the National Register of Historic Places since April 17, 1970.

and SB0723 EngrossedEnrolled - 25 - LRB098 04927 MGM 34957 b (10) the owner and operator of the grocery store operates 2 other grocery stores that have alcoholic liquor licenses within the same municipality.

(7) the alderman of the ward where the premises is located has given written approval of the issuance of the SB0723 EngrossedEnrolled - 26 - LRB098 04927 MGM 34957 b license;

SB0723 EngrossedEnrolled - 27 - LRB098 04927 MGM 34957 b (gg) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant or banquet facility established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:

(7) as of December 31, 2012, both the church property and the property on which the premises are located are SB0723 EngrossedEnrolled - 28 - LRB098 04927 MGM 34957 b within 250 feet of City of Chicago Business-Residential Planned Development Number 38;

(ii) Notwithstanding any provision of this Section to the SB0723 EngrossedEnrolled - 29 - LRB098 04927 MGM 34957 b contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a restaurant and at an outdoor patio area attached to the restaurant that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a church if:

and (8) the principal religious leader at the place of worship has indicated his or her consent to the issuance of SB0723 EngrossedEnrolled - 30 - LRB098 04927 MGM 34957 b the license in writing.

and (9) the principal religious leader of the church has SB0723 EngrossedEnrolled - 31 - LRB098 04927 MGM 34957 b delivered a written statement that he or she does not object to the issuance of a license under this subsection (jj).