Illinois 99th Regular Session Status: Enacted 1 D cosponsors

HB 3540 — OIL AND GAS ACT-LEASES

Last action — Public Act . . . . . . . . . 99-0484

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 26, 2015. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Illinois Oil and Gas Act. Authorizes the Department of Natural Resources to determine if oil and gas leases submitted with an application for a permit or transfer of a permit for a well are operative on the basis that prior oil and gas leases covering the same lands have terminated due to non-development or non-production. Requires that the determinations be based upon affidavits of non-development or non-production from knowledgeable individuals familiar with the history of development and production of oil or gas as to such lands, together with other evidence, which create a rebuttable presumption that the prior oil and gas leases have terminated and are of no further force and effect and that the submitted oil and gas leases are operative and effective. Provides that a court order or judgment declaring the prior leases terminated is not required for such determinations, except in extraordinary circumstances where the determinations cannot reasonably be concluded from the affidavits or evidence submitted to or available from the Department. Provides that, upon the Department's determination of a rebuttable presumption, the Department shall provide the current permittee with notice and a 30-day opportunity to request a hearing to rebut the presumption before a final determination on a lease is made. Provides that any determination made by the Department shall not diminish the rights or obligations of any current permittee of a well that are otherwise provided by statute or regulation of the Department. Provides that any request for a determination shall require the payment of a nonrefundable fee. Requires all determinations on leases by the Department be made no later than 90 days after the Department's receipt of a valid request for the determination. Effective immediately.

Bill Text

What changed in the latest version

1923 added · 235 removed

Plain-language change summary

The latest version of HB 3540 makes significant changes to the Liquor Control Act by updating regulations concerning the sale of alcoholic beverages near schools, churches, and hospitals. Specifically, it clarifies that no new licenses can be issued for sales within 100 feet of these locations, with some exceptions for restaurants and clubs that primarily serve food, especially in smaller municipalities. This change is important because it aims to protect sensitive areas like schools and churches from being located near alcohol-selling establishments, which could help maintain community standards and safety.

→
Previous
Latest
HB3540 Engrossed LRB099 11197 AMC 31723 b AN ACT concerning regulation.
HB3540 Enrolled LRB099 11197 AMC 31723 b AN ACT concerning regulation.
The Illinois Oil and Gas Act is amended by changing Section 6 as follows:
The Liquor Control Act of 1934 is amended by changing Sections 6-11 and 6-15 as follows:
(225 ILCS 725/6) (from Ch.
(235 ILCS 5/6-11) Sec.
96 1/2, par.
6-11.
5409) Sec.
Sale near churches, schools, and hospitals.
6.
(a) 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;
The Department shall have the authority to conduct hearings and to make such reasonable rules as may be necessary from time to time in the proper administration and enforcement of this Act, including the adoption of rules and the holding of hearings for the following purposes:
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.
(1) To require the drilling, casing and plugging of wells to be done in such a manner as to prevent the migration of oil or gas from one stratum to another;
In the case of a church, the distance of 100 feet shall be measured to the HB3540 Enrolled - 2 - LRB099 11197 AMC 31723 b nearest part of any building used for worship services or educational programs and not to property boundaries.
to prevent the intrusion of water into oil, gas or coal strata;
(b) 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.
to prevent the pollution of fresh water supplies by oil, gas or salt water.
(c) Nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor incidental to a restaurant if (1) the primary business of the restaurant consists of the sale of food where the sale of liquor is incidental to the sale of food and the applicant is a completely new owner of the restaurant, (2) the immediately prior owner or operator of the premises where the restaurant is located operated the premises as a restaurant and held a valid retail license authorizing the sale of alcoholic liquor at the restaurant for at least part of the 24 months before the change of ownership, and (3) the restaurant is located 75 or more feet from a school.
(2) To require the person desiring or proposing to drill, deepen or convert any well for the exploration or production of oil or gas, for injection or water supply in connection with enhanced recovery projects, for the disposal of salt water, brine, or other oil or gas field wastes, or for input, withdrawal, or observation in HB3540 Engrossed - 2 - LRB099 11197 AMC 31723 b connection with the storage of natural gas or other liquid or gaseous hydrocarbons before commencing the drilling, deepening or conversion of any such well, to make application to the Department upon such form as the Department may prescribe and to comply with the provisions of this Section.
(d) In the interest of further developing Illinois' economy in the area of commerce, tourism, convention, and banquet HB3540 Enrolled - 3 - LRB099 11197 AMC 31723 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.
The drilling, deepening or conversion of any well is hereby prohibited until such application is made and the applicant is issued a permit therefor as provided by this Act.
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.
Each application for a well permit shall include the following:
(e) Nothing in this Section shall prohibit the issuance of a license to a church or private school to sell at retail HB3540 Enrolled - 4 - LRB099 11197 AMC 31723 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.
(A) The exact location of the well, (B) the name and address of the manager, operator, contractor, driller, or any other person responsible for the conduct of drilling operations, (C) the proposed depth of the well, (D) lease ownership information, and (E) such other relevant information as the Department may deem necessary or convenient to effectuate the purposes of this Act.
(f) Nothing in this Section shall prohibit a church or church affiliated school located in a home rule municipality or 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.
Additionally, each applicant who has not been issued a permit that is of record on the effective date of this amendatory Act of 1991, or who has not thereafter made payments of assessments under Section 19.7 of this Act for at least 2 consecutive years preceding the application, shall execute, as principal, and file with the Department a bond, executed by a surety authorized to transact business in this State, in an amount estimated to cover the cost of plugging the well and restoring the well site, but not to HB3540 Engrossed - 3 - LRB099 11197 AMC 31723 b exceed $5000, as determined by the Department for each well, or a blanket bond in an amount not to exceed $100,000 for all wells, before drilling, deepening, converting, or operating any well for which a permit is required that has not previously been plugged and abandoned in accordance with the Act.
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.
The Department shall release the bond if the well, or all wells in the case of a blanket bond, is not completed but is plugged and the well site restored in accordance with the Department's rules or is completed in accordance with the Department's rules and the permittee pays assessments to the Department in accordance with Section 19.7 of this Act for 2 consecutive years.
(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 HB3540 Enrolled - 5 - LRB099 11197 AMC 31723 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.
In lieu of a surety bond, the applicant may provide cash, certificates of deposit, or irrevocable letters of credit under such terms and conditions as the Department may provide by rule.
(h) 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 within premises and at an outdoor patio area attached to premises that are located in a municipality with a population in excess of 300,000 inhabitants and that are within 100 feet of a church if:
The sureties on all bonds in effect on the effective date of this amendatory Act of 1991 shall remain liable as sureties in accordance with their undertakings until released by the Department from further liability under the Act.
(1) the sale of alcoholic liquor at the premises is incidental to the sale of food, (2) the sale of liquor is not the principal business carried on by the licensee at the premises, (3) the premises are less than 1,000 square feet, (4) the premises are owned by the University of Illinois, (5) the premises are immediately adjacent to property owned by a church and are not less than 20 nor more than 40 feet from the church space used for worship services, and (6) the principal religious leader at the place of worship has indicated his or her support for the issuance of the license in writing.
The principal on each bond in effect on the effective date of this amendatory Act of 1991 shall be released from the obligation of maintaining the bond if either the well covered by a surety bond has been plugged and the well site restored in accordance with the Department's rules or the principal of the surety has paid the initial assessment in HB3540 Engrossed - 4 - LRB099 11197 AMC 31723 b accordance with Section 19.7 and no well or well site covered by the surety bond is in violation of the Act.
(i) Notwithstanding any provision in this Section to the HB3540 Enrolled - 6 - LRB099 11197 AMC 31723 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:
No permit shall be issued to a corporation incorporated outside of Illinois until the corporation has been authorized to do business in Illinois.
(1) the primary entrance of the premises and the primary entrance of the church, synagogue, or other place of worship are at least 100 feet apart, on parallel streets, and separated by an alley;
No permit shall be issued to an individual, partnership, or other unincorporated entity that is not a resident of Illinois until that individual, partnership, or other unincorporated entity has irrevocably consented to be sued in Illinois.
and (2) the principal religious leader at the place of worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
(3) To require the person assigning, transferring, or selling any well for which a permit is required under this Act to notify the Department of the change of ownership.
(j) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor at a theater that is within 100 feet of a church if (1) the church owns the theater, (2) the church leases the theater to one or more entities, and (3) the theater is used by at least 5 different not-for-profit theater groups.
The notification shall be on a form prescribed by the Department, shall be executed by the current permittee and by the new permittee, or their authorized representatives, and shall be filed with the Department within 30 days after the effective date of the assignment, transfer or sale.
(k) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
Within the 30 day notification period and prior to operating the well, the new permittee shall pay the required well transfer fee and, where applicable, file with the Department the bond required under subsection (2) of this Section.
(1) the primary entrance of the premises and the HB3540 Enrolled - 7 - LRB099 11197 AMC 31723 b primary entrance of the school are parallel, on different streets, and separated by an alley;
(4) To require the filing with the State Geological Survey of all geophysical logs, a well drilling report and drill cuttings or cores, if cores are required, within 90 HB3540 Engrossed - 5 - LRB099 11197 AMC 31723 b days after drilling ceases;
(2) the southeast corner of the premises are at least 350 feet from the southwest corner of the school;
and to file a completion report with the Department within 30 days after the date of first production following initial drilling or any reworking, or after the plugging of the well, if a dry hole.
(3) the school was built in 1978;
A copy of each completion report submitted to the Department shall be delivered to the State Geological Survey.
(4) the sale of alcoholic liquor at the premises is incidental to the sale of food;
The Department and the State Geological Survey shall keep the reports confidential, if requested in writing by the permittee, for 2 years after the date the permit is issued by the Department.
(5) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
This confidentiality requirement shall not prohibit the use of the report for research purposes, provided the State Geological Survey does not publish specific data or identify the well to which the completion report pertains.
(6) the applicant is the owner of the restaurant and has held a valid license authorizing the sale of alcoholic liquor for the business to be conducted on the premises at a different location for more than 7 years;
(5) To prevent "blowouts", "caving" and "seepage" in the same sense that conditions indicated by such terms are generally understood in the oil and gas business.
and (7) the premises is at least 2,300 square feet and sits on a lot that is between 6,100 and 6,150 square feet.
(6) To prevent fires.
(l) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a church or school if:
(7) To ascertain and identify the ownership of all oil and gas wells, producing leases, refineries, tanks, plants, structures, and all storage and transportation equipment and facilities.
(1) the primary entrance of the premises and the closest entrance of the church or school is at least 90 feet apart and no greater than 95 feet apart;
(8) To regulate the use of any enhanced recovery method in oil pools and oil fields.
(2) the shortest distance between the premises and the church or school is at least 80 feet apart and no greater HB3540 Enrolled - 8 - LRB099 11197 AMC 31723 b than 85 feet apart;
(9) To regulate or prohibit the use of vacuum.
(3) the applicant is the owner of the restaurant and on November 15, 2006 held a valid license authorizing the sale of alcoholic liquor for the business to be conducted on the premises for at least 14 different locations;
(10) To regulate the spacing of wells, the issuance of HB3540 Engrossed - 6 - LRB099 11197 AMC 31723 b permits, and the establishment of drilling units.
(4) the sale of alcoholic liquor at the premises is incidental to the sale of food;
(11) To regulate directional drilling of oil or gas wells.
(5) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(12) To regulate the plugging of wells.
(6) the premises is at least 3,200 square feet and sits on a lot that is between 7,150 and 7,200 square feet;
(13) To require that wells for which no logs or unsatisfactory logs are supplied shall be completely plugged with cement from bottom to top.
and (7) the principal religious leader at the place of worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
(14) To require a description in such form as is determined by the Department of the method of well plugging for each well, indicating the character of material used and the positions and dimensions of each plug.
(m) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a church if:
(15) To prohibit waste, as defined in this Act.
(1) the premises and the church are perpendicular, and the primary entrance of the premises faces South while the primary entrance of the church faces West and the distance between the two entrances is more than 100 feet;
Show all 500 changed rows (460 more)
Previous
Latest
(16) To require the keeping of such records, the furnishing of such relevant information and the performance of such tests as the Department may deem necessary to carry into effect the purposes of this Act.
(2) the shortest distance between the premises lot line and the exterior wall of the church is at least 80 feet;
(17) To regulate the disposal of salt or sulphur-bearing water and any oil field waste produced in the operation of any oil or gas well.
HB3540 Enrolled - 9 - LRB099 11197 AMC 31723 b (3) the church was established at the current location in 1916 and the present structure was erected in 1925;
(18) To prescribe rules, conduct inspections and require compliance with health and safety standards for the protection of persons working underground in connection with any oil and gas operations.
(4) the premises is a single story, single use building with at least 1,750 square feet and no more than 2,000 square feet;
For the purposes of this paragraph, oil and gas operations include drilling or excavation, production operations, plugging or filling in and sealing, or any other work requiring the presence of HB3540 Engrossed - 7 - LRB099 11197 AMC 31723 b workers in shafts or excavations beneath the surface of the earth.
(5) the sale of alcoholic liquor at the premises is incidental to the sale of food;
Rules promulgated by the Department may include minimum qualifications of persons performing tasks affecting the health and safety of workers underground, minimum standards for the operation and maintenance of equipment, and safety procedures and precautions, and shall conform, as nearly as practicable, to corresponding qualifications, standards and procedures prescribed under The Coal Mining Act.
(6) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(19) To deposit the amount of any forfeited surety bond or other security in the Plugging and Restoration Fund, a special fund in the State treasury which is hereby created;
and (7) the principal religious leader at the place of worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
to deposit into the Fund any amounts collected, reimbursed or recovered by the Department under Sections 19.5, 19.6 and 19.7 of this Act;
(n) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
to accept, receive, and deposit into the Fund any grants, gifts or other funds which may be made available from public or private sources and all earnings received from investment of monies in the Fund;
(1) the school is a City of Chicago School District 299 school;
and to make expenditures from the Fund for the purposes of plugging, replugging or repairing any well, and restoring the site of any well, determined by the Department to be abandoned or ordered by the Department to be plugged, replugged, repaired or restored under Sections 8a, 19 or 19.1 of this Act, including expenses in administering the Fund.
(2) the school is located within subarea E of City of Chicago Residential Business Planned Development Number 70;
(20) To determine if oil and gas leases submitted with an application for a permit or transfer of a permit for a HB3540 Engrossed - 8 - LRB099 11197 AMC 31723 b well are operative on the basis that prior oil and gas leases covering the same lands have terminated due to non-development or non-production.
(3) the sale of alcoholic liquor is not the principal business carried on by the licensee on the premises;
Department determinations under this paragraph shall be based upon affidavits of non-development or non-production from knowledgeable individuals familiar with the history of development and production of oil or gas as to such lands, together with other evidence, which create a rebuttable presumption that the prior oil and gas leases have terminated and are of no further force and effect and that the submitted oil and gas leases are operative and effective.
(4) the sale of alcoholic liquor at the premises is HB3540 Enrolled - 10 - LRB099 11197 AMC 31723 b incidental to the sale of food;
To create a rebuttable presumption, such affidavits, together with other evidence provided to or available from the Department, shall reasonably indicate that there has been no development or production of oil and gas on the lands described in the prior leases for at least 24 consecutive months subsequent to the expiration of the primary term or any extension of the primary term as set forth in the leases.
and (5) the administration of City of Chicago School District 299 has expressed, in writing, its support for the issuance of the license.
A court order or judgment declaring the prior leases terminated is not required for determinations under this paragraph, except in extraordinary circumstances where such determinations cannot reasonably be concluded from the affidavits or evidence submitted to or available from the Department.
(o) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a retail license authorizing the sale of alcoholic liquor at a premises that is located within a municipality in excess of 1,000,000 inhabitants and within 100 feet of a church if:
Upon the Department's determination of a rebuttable presumption under this paragraph, the Department shall HB3540 Engrossed - 9 - LRB099 11197 AMC 31723 b provide the current permittee with notice and a 30-day opportunity to request a hearing to rebut the presumption before a final determination on a lease is made.
(1) the sale of alcoholic liquor at the premises is incidental to the sale of food;
Any determination made by the Department under this paragraph shall not diminish the rights or obligations of any current permittee of a well that are otherwise provided by statute or regulation of the Department.
(2) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
Any request for a determination under this paragraph shall require the payment of a nonrefundable fee of $1,000 by the applicant.
(3) the premises is located on a street that runs perpendicular to the street on which the church is located;
All determinations on leases by the Department under this paragraph shall be made no later than 90 days after the Department's receipt of a valid request for such determination.
(4) the primary entrance of the premises is at least 100 feet from the primary entrance of the church;
For the purposes of this Act, the State Geological Survey shall co-operate with the Department in making available its scientific and technical information on the oil and gas resources of the State, and the Department shall in turn furnish a copy to the State Geological Survey of all drilling permits as issued, and such other drilling and operating data received or secured by the Department which are pertinent to scientific research on the State's mineral resources.
(5) the shortest distance between any part of the premises and any part of the church is at least 60 feet;
(6) the premises is between 3,600 and 4,000 square feet and sits on a lot that is between 3,600 and 4,000 square feet;
and (7) the premises was built in the year 1909.
For purposes of this subsection (o), "premises" means a place of business together with a privately owned outdoor HB3540 Enrolled - 11 - LRB099 11197 AMC 31723 b location that is adjacent to the place of business.
(p) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the shortest distance between the backdoor of the premises, which is used as an emergency exit, and the church is at least 80 feet;
(2) the church was established at the current location in 1889;
and (3) liquor has been sold on the premises since at least 1985.
(q) 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 within 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-owned property if:
(1) the premises is located within a larger building operated as a grocery store;
(2) the area of the premises does not exceed 720 square feet and the area of the larger building exceeds 18,000 square feet;
(3) the larger building containing the premises is HB3540 Enrolled - 12 - LRB099 11197 AMC 31723 b within 100 feet of the nearest property line of a church-owned property on which a church-affiliated school is located;
(4) the sale of liquor is not the principal business carried on within the larger building;
(5) the primary entrance of the larger building and the premises and the primary entrance of the church-affiliated school are on different, parallel streets, and the distance between the 2 primary entrances is more than 100 feet;
(6) the larger building is separated from the church-owned property and church-affiliated school by an alley;
(7) the larger building containing the premises and the church building front are on perpendicular streets and are separated by a street;
and (8) (Blank).
(r) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance, renewal, or maintenance of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant 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:
(1) the primary entrance of the church and the primary entrance of the restaurant are at least 100 feet apart;
(2) the restaurant has operated on the ground floor and HB3540 Enrolled - 13 - LRB099 11197 AMC 31723 b lower level of a multi-story, multi-use building for more than 40 years;
(3) the primary business of the restaurant consists of the sale of food where the sale of liquor is incidental to the sale of food;
(4) the sale of alcoholic liquor is conducted primarily in the below-grade level of the restaurant to which the only public access is by a staircase located inside the restaurant;
and (5) the restaurant has held a license authorizing the sale of alcoholic liquor on the premises for more than 40 years.
(s) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population more than 5,000 and less than 10,000 and is within 100 feet of a church if:
(1) the church was established at the location within 100 feet of the premises after a license for the sale of alcoholic liquor at the premises was first issued;
(2) a license for sale of alcoholic liquor at the premises was first issued before January 1, 2007;
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 HB3540 Enrolled - 14 - LRB099 11197 AMC 31723 b than 90 days.
(t) 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 that is 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 school and a church if:
(1) the restaurant is located inside a five-story building with over 16,800 square feet of commercial space;
(2) the area of the premises does not exceed 31,050 square feet;
(3) the area of the restaurant does not exceed 5,800 square feet;
(4) the building has no less than 78 condominium units;
(5) the construction of the building in which the restaurant is located was completed in 2006;
(6) the building has 10 storefront properties, 3 of which are used for the restaurant;
(7) the restaurant will open for business in 2010;
(8) the building is north of the school and separated by an alley;
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 HB3540 Enrolled - 15 - LRB099 11197 AMC 31723 b stating that he or she does not object to the issuance of a license under this subsection (t).
(u) Notwithstanding any provision in this Section to the 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 1,000,000 inhabitants and within 100 feet of a school if:
(1) the premises operates as a restaurant and has been in operation since February 2008;
(2) the applicant is the owner of the premises;
(3) the sale of alcoholic liquor is incidental to the sale of food;
(4) the sale of alcoholic liquor is not the principal business carried on by the licensee on the premises;
(5) the premises occupy the first floor of a 3-story building that is at least 90 years old;
(6) the rear lot of the school and the rear corner of the building that the premises occupy are separated by an alley;
(7) the distance from the southwest corner of the property line of the school and the northeast corner of the building that the premises occupy is at least 16 feet, 5 inches;
(8) the distance from the rear door of the premises to the southwest corner of the property line of the school is HB3540 Enrolled - 16 - LRB099 11197 AMC 31723 b at least 93 feet;
(9) the school is a City of Chicago School District 299 school;
(10) the school's main structure was erected in 1902 and an addition was built to the main structure in 1959;
and (11) the principal of the school and the alderman in whose district the premises are located have expressed, in writing, their support for the issuance of the license.
(v) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
(1) the total land area of the premises for which the license or renewal is sought is more than 600,000 square feet;
(2) the premises for which the license or renewal is sought has more than 600 parking stalls;
(3) the total area of all buildings on the premises for which the license or renewal is sought exceeds 140,000 square feet;
(4) the property line of the premises for which the license or renewal is sought is separated from the property line of the school by a street;
HB3540 Enrolled - 17 - LRB099 11197 AMC 31723 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) as of the effective date of this amendatory Act of the 97th General Assembly, the premises for which the license or renewal is sought is located in the Illinois Medical District.
(w) Notwithstanding any provision in this Section to the 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 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor at the premises is incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(3) the premises occupy the first floor and basement of a 2-story building that is 106 years old;
(4) the premises is at least 7,000 square feet and located on a lot that is at least 11,000 square feet;
(5) the premises is located directly west of the church, on perpendicular streets, and separated by an alley;
(6) the distance between the property line of the premises and the property line of the church is at least 20 HB3540 Enrolled - 18 - LRB099 11197 AMC 31723 b feet;
(7) the distance between the primary entrance of the premises and the primary entrance of the church is at least 130 feet;
and (8) the church has been at its location for at least 40 years.
(x) 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 at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the church has been operating in its current location since 1973;
(3) the premises has been operating in its current location since 1988;
(4) the church and the premises are owned by the same parish;
(5) the premises is used for cultural and educational purposes;
(6) the primary entrance to the premises and the primary entrance to the church are located on the same street;
(7) the principal religious leader of the church has HB3540 Enrolled - 19 - LRB099 11197 AMC 31723 b indicated his support of the issuance of the license;
(8) the premises is a 2-story building of approximately 23,000 square feet;
and (9) the premises houses a ballroom on its ground floor of approximately 5,000 square feet.
(y) 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 at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is incidental to the sale of food;
(3) according to the municipality, the distance between the east property line of the premises and the west property line of the school is 97.8 feet;
(4) the school is a City of Chicago School District 299 school;
(5) the school has been operating since 1959;
(6) the primary entrance to the premises and the primary entrance to the school are located on the same street;
(7) the street on which the entrances of the premises and the school are located is a major diagonal HB3540 Enrolled - 20 - LRB099 11197 AMC 31723 b thoroughfare;
(8) the premises is a single-story building of approximately 2,900 square feet;
and (9) the premises is used for commercial purposes only.
(z) 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 at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a mosque if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at the premises;
(3) the licensee is a national retail chain having over 100 locations within the municipality;
(4) the licensee has over 8,000 locations nationwide;
(5) the licensee has locations in all 50 states;
(6) the premises is located in the North-East quadrant of the municipality;
(7) the premises is a free-standing building that has "drive-through" pharmacy service;
(8) the premises has approximately 14,490 square feet of retail space;
(9) the premises has approximately 799 square feet of pharmacy space;
HB3540 Enrolled - 21 - LRB099 11197 AMC 31723 b (10) the premises is located on a major arterial street that runs east-west and accepts truck traffic;
and (11) the alderman of the ward in which the premises is located has expressed, in writing, his or her support for the issuance of the license.
(aa) 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 at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at the premises;
(3) the licensee is a national retail chain having over 100 locations within the municipality;
(4) the licensee has over 8,000 locations nationwide;
(5) the licensee has locations in all 50 states;
(6) the premises is located in the North-East quadrant of the municipality;
(7) the premises is located across the street from a national grocery chain outlet;
(8) the premises has approximately 16,148 square feet of retail space;
(9) the premises has approximately 992 square feet of HB3540 Enrolled - 22 - LRB099 11197 AMC 31723 b pharmacy space;
(10) the premises is located on a major arterial street that runs north-south and accepts truck traffic;
and (11) the alderman of the ward in which the premises is located has expressed, in writing, his or her support for the issuance of the license.
(bb) 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 at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is incidental to the sale of food;
(3) the primary entrance to the premises and the primary entrance to the church are located on the same street;
(4) the premises is across the street from the church;
(5) the street on which the premises and the church are located is a major arterial street that runs east-west;
(6) the church is an elder-led and Bible-based Assyrian church;
(7) the premises and the church are both single-story buildings;
HB3540 Enrolled - 23 - LRB099 11197 AMC 31723 b (8) the storefront directly west of the church is being used as a restaurant;
and (9) the distance between the northern-most property line of the premises and the southern-most property line of the church is 65 feet.
(cc) 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 at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at the premises;
(3) the licensee is a national retail chain;
(4) as of October 25, 2011, the licensee has 1,767 stores operating nationwide, 87 stores operating in the State, and 10 stores operating within the municipality;
(5) the licensee shall occupy approximately 124,000 square feet of space in the basement and first and second floors of a building located across the street from a school;
(6) the school opened in August of 2009 and occupies approximately 67,000 square feet of space;
and (7) the building in which the premises shall be located HB3540 Enrolled - 24 - LRB099 11197 AMC 31723 b has been listed on the National Register of Historic Places since April 17, 1970.
(dd) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
(1) the premises is constructed on land that was purchased from the municipality at a fair market price;
(2) the premises is constructed on land that was previously used as a parking facility for public safety employees;
(3) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(4) the main entrance to the store is more than 100 feet from the main entrance to the school;
(5) the premises is to be new construction;
(6) the school is a private school;
(7) the principal of the school has given written approval for the license;
(8) the alderman of the ward where the premises is located has given written approval of the issuance of the license;
(9) the grocery store level of the premises is between 60,000 and 70,000 square feet;
and HB3540 Enrolled - 25 - LRB099 11197 AMC 31723 b (10) the owner and operator of the grocery store operates 2 other grocery stores that have alcoholic liquor licenses within the same municipality.
(ee) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
(1) the premises is constructed on land that once contained an industrial steel facility;
(2) the premises is located on land that has undergone environmental remediation;
(3) the premises is located within a retail complex containing retail stores where some of the stores sell alcoholic beverages;
(4) the principal activity of any restaurant in the retail complex is the sale of food, and the sale of alcoholic liquor is incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal business carried on by the grocery store;
(6) the entrance to any business that sells alcoholic liquor is more than 100 feet from the entrance to the school;
(7) the alderman of the ward where the premises is located has given written approval of the issuance of the HB3540 Enrolled - 26 - LRB099 11197 AMC 31723 b license;
and (8) the principal of the school has given written consent to the issuance of the license.
(ff) 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 at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is not the principal business carried on at the premises;
(2) the sale of alcoholic liquor at the premises is incidental to the operation of a theater;
(3) the premises is a one and one-half-story building of approximately 10,000 square feet;
(4) the school is a City of Chicago School District 299 school;
(5) the primary entrance of the premises and the primary entrance of the school are at least 300 feet apart and no more than 400 feet apart;
(6) the alderman of the ward in which the premises is located has expressed, in writing, his support for the issuance of the license;
and (7) the principal of the school has expressed, in writing, that there is no objection to the issuance of a license under this subsection (ff).
HB3540 Enrolled - 27 - LRB099 11197 AMC 31723 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:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the property on which the church is located and the property on which the premises are located are both within a district originally listed on the National Register of Historic Places on February 14, 1979;
(3) the property on which the premises are located contains one or more multi-story buildings that are at least 95 years old and have no more than three stories;
(4) the building in which the church is located is at least 120 years old;
(5) the property on which the church is located is immediately adjacent to and west of the property on which the premises are located;
(6) the western boundary of the property on which the premises are located is no less than 118 feet in length and no more than 122 feet in length;
(7) as of December 31, 2012, both the church property and the property on which the premises are located are HB3540 Enrolled - 28 - LRB099 11197 AMC 31723 b within 250 feet of City of Chicago Business-Residential Planned Development Number 38;
(8) the principal religious leader at the place of worship has indicated his or her support for the issuance of the license in writing;
and (9) the alderman in whose district the premises are located has expressed his or her support for the issuance of the license in writing.
For the purposes of this subsection, "banquet facility" means the part of the building that is located on the floor above a restaurant and caters to private parties and where the sale of alcoholic liquors is not the principal business.
(hh) 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 within a hotel and at an outdoor patio area attached to the hotel that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a hospital if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the hotel;
(2) the hotel is located within the City of Chicago Business Planned Development Number 468;
and (3) the hospital is located within the City of Chicago Institutional Planned Development Number 3.
(ii) Notwithstanding any provision of this Section to the HB3540 Enrolled - 29 - LRB099 11197 AMC 31723 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:
(1) the sale of alcoholic liquor at the premises is not the principal business carried on by the licensee and is incidental to the sale of food;
(2) the restaurant has been operated on the street level of a 2-story building located on a corner lot since 2008;
(3) the restaurant is between 3,700 and 4,000 square feet and sits on a lot that is no more than 6,200 square feet;
(4) the primary entrance to the restaurant and the primary entrance to the church are located on the same street;
(5) the street on which the restaurant and the church are located is a major east-west street;
(6) the restaurant and the church are separated by a one-way northbound street;
(7) the church is located to the west of and no more than 65 feet from the restaurant;
and (8) the principal religious leader at the place of worship has indicated his or her consent to the issuance of HB3540 Enrolled - 30 - LRB099 11197 AMC 31723 b the license in writing.
(jj) 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 at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is incidental to the sale of food;
(3) the premises are located east of the church, on perpendicular streets, and separated by an alley;
(4) the distance between the primary entrance of the premises and the primary entrance of the church is at least 175 feet;
(5) the distance between the property line of the premises and the property line of the church is at least 40 feet;
(6) the licensee has been operating at the premises since 2012;
(7) the church was constructed in 1904;
(8) the alderman of the ward in which the premises is located has expressed, in writing, his or her support for the issuance of the license;
and (9) the principal religious leader of the church has HB3540 Enrolled - 31 - LRB099 11197 AMC 31723 b delivered a written statement that he or she does not object to the issuance of a license under this subsection (jj).
(kk) 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 at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors on the premises;
(3) the licensee is a national retail chain;
(4) as of February 27, 2013, the licensee had 1,778 stores operating nationwide, 89 operating in this State, and 11 stores operating within the municipality;
(5) the licensee shall occupy approximately 169,048 square feet of space within a building that is located across the street from a tuition-based preschool;
and (6) the alderman of the ward in which the premises is located has expressed, in writing, his or her support for the issuance of the license.
(ll) 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 HB3540 Enrolled - 32 - LRB099 11197 AMC 31723 b liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors on the premises;
(3) the licensee is a national retail chain;
(4) as of February 27, 2013, the licensee had 1,778 stores operating nationwide, 89 operating in this State, and 11 stores operating within the municipality;
(5) the licensee shall occupy approximately 191,535 square feet of space within a building that is located across the street from an elementary school;
and (6) the alderman of the ward in which the premises is located has expressed, in writing, his or her support for the issuance of the license.
(mm) 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 within premises and at an outdoor patio or sidewalk cafe, or both, attached to premises that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a hospital if:
(1) the primary business of the restaurant consists of the sale of food where the sale of liquor is incidental to HB3540 Enrolled - 33 - LRB099 11197 AMC 31723 b the sale of food;
(2) as a restaurant, the premises may or may not offer catering as an incidental part of food service;
(3) the primary business of the restaurant is conducted in space owned by a hospital or an entity owned or controlled by, under common control with, or that controls a hospital, and the chief hospital administrator has expressed his or her support for the issuance of the license in writing;
and (4) the hospital is an adult acute care facility primarily located within the City of Chicago Institutional Planned Development Number 3.
(nn) 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 at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal business carried out on the premises;
(2) the sale of alcoholic liquor at the premises is incidental to the operation of a theater;
(3) the premises are a building that was constructed in 1913 and opened on May 24, 1915 as a vaudeville theater, and the premises were converted to a motion picture theater in 1935;
HB3540 Enrolled - 34 - LRB099 11197 AMC 31723 b (4) the church was constructed in 1889 with a stone exterior;
(5) the primary entrance of the premises and the primary entrance of the church are at least 100 feet apart;
and (6) the principal religious leader at the place of worship has indicated his or her consent to the issuance of the license in writing;
and (7) the alderman in whose ward the premises are located has expressed his or her support for the issuance of the license in writing.
(oo) 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 at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a mosque, church, or other place of worship if:
(1) the primary entrance of the premises and the primary entrance of the mosque, church, or other place of worship are perpendicular and are on different streets;
(2) the primary entrance to the premises faces West and the primary entrance to the mosque, church, or other place of worship faces South;
(3) the distance between the 2 primary entrances is at least 100 feet;
(4) the mosque, church, or other place of worship was HB3540 Enrolled - 35 - LRB099 11197 AMC 31723 b established in a location within 100 feet of the premises after a license for the sale of alcohol at the premises was first issued;
(5) the mosque, church, or other place of worship was established on or around January 1, 2011;
(6) a license for the sale of alcohol at the premises was first issued on or before January 1, 1985;
(7) a license for the sale of alcohol at the premises has been continuously in effect since January 1, 1985, except for interruptions between licenses of no more than 90 days;
and (8) the premises are a single-story, single-use building of at least 3,000 square feet and no more than 3,380 square feet.
(pp) 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 on premises that are located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of at least one church if:
(1) the sale of liquor shall not be the principal business carried on by the licensee at the premises;
(2) the premises are at least 2,000 square feet and no more than 10,000 square feet and is located in a single-story building;
HB3540 Enrolled - 36 - LRB099 11197 AMC 31723 b (3) the property on which the premises are located is within an area that, as of 2009, was designated as a Renewal Community by the United States Department of Housing and Urban Development;
(4) the property on which the premises are located and the properties on which the churches are located are on the same street;
(5) the property on which the premises are located is immediately adjacent to and east of the property on which at least one of the churches is located;
(6) the property on which the premises are located is across the street and southwest of the property on which another church is located;
(7) the principal religious leaders of the churches have indicated their support for the issuance of the license in writing;
and (8) the alderman in whose ward the premises are located has expressed his or her support for the issuance of the license in writing.
For purposes of this subsection (pp), "banquet facility" means the part of the building that caters to private parties and where the sale of alcoholic liquors is not the principal business.
(qq) 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 HB3540 Enrolled - 37 - LRB099 11197 AMC 31723 b liquor on premises that are located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church or school if:
(1) the primary entrance of the premises and the closest entrance of the church or school are at least 200 feet apart and no greater than 300 feet apart;
(2) the shortest distance between the premises and the church or school is at least 66 feet apart and no greater than 81 feet apart;
(3) the premises are a single-story, steel-framed commercial building with at least 18,042 square feet, and was constructed in 1925 and 1997;
(4) the owner of the business operated within the premises has been the general manager of a similar supermarket within one mile from the premises, which has had a valid license authorizing the sale of alcoholic liquor since 2002, and is in good standing with the City of Chicago;
(5) the principal religious leader at the place of worship has indicated his or her support to the issuance or renewal of the license in writing;
(6) the alderman of the ward has indicated his or her support to the issuance or renewal of the license in writing;
and (7) the principal of the school has indicated his or her support to the issuance or renewal of the license in HB3540 Enrolled - 38 - LRB099 11197 AMC 31723 b writing.
(rr) 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 at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a club that leases space to a school if:
(1) the sale of alcoholic liquor is not the principal business carried out on the premises;
(2) the sale of alcoholic liquor at the premises is incidental to the operation of a grocery store;
(3) the premises are a building of approximately 1,750 square feet and is rented by the owners of the grocery store from a family member;
(4) the property line of the premises is approximately 68 feet from the property line of the club;
(5) the primary entrance of the premises and the primary entrance of the club where the school leases space are at least 100 feet apart;
(6) the director of the club renting space to the school has indicated his or her consent to the issuance of the license in writing;
and (7) the alderman in whose district the premises are located has expressed his or her support for the issuance of the license in writing.
(ss) Notwithstanding any provision of this Section to the HB3540 Enrolled - 39 - LRB099 11197 AMC 31723 b contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the premises are located within a 15 unit building with 13 residential apartments and 2 commercial spaces, and the licensee will occupy both commercial spaces;
(2) a restaurant has been operated on the premises since June 2011;
(3) the restaurant currently occupies 1,075 square feet, but will be expanding to include 975 additional square feet;
(4) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(5) the premises are located south of the church and on the same street and are separated by a one-way westbound street;
(6) the primary entrance of the premises is at least 93 feet from the primary entrance of the church;
(7) the shortest distance between any part of the premises and any part of the church is at least 72 feet;
(8) the building in which the restaurant is located was built in 1910;
(9) the alderman of the ward in which the premises are located has expressed, in writing, his or her support for HB3540 Enrolled - 40 - LRB099 11197 AMC 31723 b the issuance of the license;
and (10) the principal religious leader of the church has delivered a written statement that he or she does not object to the issuance of a license under this subsection (ss).
(tt) 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 at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is incidental to the sale of food;
(3) the sale of alcoholic liquor at the premises was previously authorized by a package goods liquor license;
(4) the premises are at least 40,000 square feet with 25 parking spaces in the contiguous surface lot to the north of the store and 93 parking spaces on the roof;
(5) the shortest distance between the lot line of the parking lot of the premises and the exterior wall of the church is at least 80 feet;
(6) the distance between the building in which the church is located and the building in which the premises are located is at least 180 feet;
HB3540 Enrolled - 41 - LRB099 11197 AMC 31723 b (7) the main entrance to the church faces west and is at least 257 feet from the main entrance of the premises;
and (8) the applicant is the owner of 10 similar grocery stores within the City of Chicago and the surrounding area and has been in business for more than 30 years.
(uu) 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 at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is incidental to the operation of a grocery store;
(3) the premises are located in a building that is approximately 68,000 square feet with 157 parking spaces on property that was previously vacant land;
(4) the main entrance to the church faces west and is at least 500 feet from the entrance of the premises, which faces north;
(5) the church and the premises are separated by an alley;
(6) the applicant is the owner of 9 similar grocery stores in the City of Chicago and the surrounding area and HB3540 Enrolled - 42 - LRB099 11197 AMC 31723 b has been in business for more than 40 years;
and (7) the alderman of the ward in which the premises are located has expressed, in writing, his or her support for the issuance of the license.
(vv) 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 at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is the principal business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is primary to the sale of food;
(3) the premises are located south of the church and on perpendicular streets and are separated by a driveway;
(4) the primary entrance of the premises is at least 100 feet from the primary entrance of the church;
(5) the shortest distance between any part of the premises and any part of the church is at least 15 feet;
(6) the premises are less than 100 feet from the church center, but greater than 100 feet from the area within the building where church services are held;
(7) the premises are 25,830 square feet and sit on a lot that is 0.48 acres;
(8) the premises were once designated as a Korean HB3540 Enrolled - 43 - LRB099 11197 AMC 31723 b American Presbyterian Church and were once used as a Masonic Temple;
(9) the premises were built in 1910;
(10) the alderman of the ward in which the premises are located has expressed, in writing, his or her support for the issuance of the license;
and (11) the principal religious leader of the church has delivered a written statement that he or she does not object to the issuance of a license under this subsection (vv).
For the purposes of this subsection (vv), "premises" means a place of business together with a privately owned outdoor location that is adjacent to the place of business.
(ww) 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 at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the school is located within Sub Area III of City of Chicago Residential-Business Planned Development Number 523, as amended;
and (2) the premises are located within Sub Area I, Sub Area II, or Sub Area IV of City of Chicago Residential-Business Planned Development Number 523, as amended.
HB3540 Enrolled - 44 - LRB099 11197 AMC 31723 b (xx) 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 at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of wine or wine-related products is the exclusive business carried on by the licensee at the premises;
(2) the primary entrance of the premises and the primary entrance of the church are at least 100 feet apart and are located on different streets;
(3) the building in which the premises are located and the building in which the church is located are separated by an alley;
(4) the premises consists of less than 2,000 square feet of floor area dedicated to the sale of wine or wine-related products;
(5) the premises are located on the first floor of a 2-story building that is at least 99 years old and has a residential unit on the second floor;
and (6) the principal religious leader at the church has indicated his or her support for the issuance or renewal of the license in writing.
(yy) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance HB3540 Enrolled - 45 - LRB099 11197 AMC 31723 b or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is incidental to the operation of a grocery store;
(3) the premises are a one-story building containing approximately 10,000 square feet and are rented by the owners of the grocery store;
(4) the sale of alcoholic liquor at the premises occurs in a retail area of the grocery store that is approximately 3,500 square feet;
(5) the grocery store has operated at the location since 1984;
(6) the grocery store is closed on Sundays;
(7) the property on which the premises are located is a corner lot that is bound by 3 streets and an alley, where one street is a one-way street that runs north-south, one street runs east-west, and one street runs northwest-southeast;
(8) the property line of the premises is approximately 16 feet from the property line of the building where the church is located;
(9) the premises are separated from the building HB3540 Enrolled - 46 - LRB099 11197 AMC 31723 b containing the church by a public alley;
(10) the primary entrance of the premises and the primary entrance of the church are at least 100 feet apart;
(11) representatives of the church have delivered a written statement that the church does not object to the issuance of a license under this subsection (yy);
and (12) the alderman of the ward in which the grocery store is located has expressed, in writing, his or her support for the issuance of the license.
86-205;
97-9, eff.
86-364;
6-14-11;
86-1177;
97-12, eff.
87-744.) Section 99.
6-14-11;
97-634, eff.
12-16-11;
97-774, eff.
7-13-12;
97-780, eff.
7-13-12;
97-806, eff.
7-13-12;
97-1166, eff.
3-1-13;
98-274, eff.
8-9-13;
98-463, eff.
8-16-13;
98-571, eff.
8-27-13;
98-592, eff.
11-15-13;
98-1092, eff.
8-26-14;
98-1158, eff.
1-9-15.) (235 ILCS 5/6-15) (from Ch.
43, par.
130) Sec.
6-15.
No alcoholic liquors shall be sold or delivered in any building belonging to or under the control of the State or any political subdivision thereof except as provided in this Act.
The corporate authorities of any city, village, incorporated town, township, or county may provide by ordinance, however, that alcoholic liquor may be sold or delivered in any specifically designated building belonging to or under the control of the municipality, township, or county, or in any building located on land under the control of the municipality, township, or county;
provided that such township HB3540 Enrolled - 47 - LRB099 11197 AMC 31723 b or county complies with all applicable local ordinances in any incorporated area of the township or county.
Alcoholic liquor may be delivered to and sold under the authority of a special use permit on any property owned by a conservation district organized under the Conservation District Act, provided that (i) the alcoholic liquor is sold only at an event authorized by the governing board of the conservation district, (ii) the issuance of the special use permit is authorized by the local liquor control commissioner of the territory in which the property is located, and (iii) the special use permit authorizes the sale of alcoholic liquor for one day or less.
Alcoholic liquors may be delivered to and sold at any airport belonging to or under the control of a municipality of more than 25,000 inhabitants, or in any building or on any golf course owned by a park district organized under the Park District Code, subject to the approval of the governing board of the district, or in any building or on any golf course owned by a forest preserve district organized under the Downstate Forest Preserve District Act, subject to the approval of the governing board of the district, or on the grounds within 500 feet of any building owned by a forest preserve district organized under the Downstate Forest Preserve District Act during times when food is dispensed for consumption within 500 feet of the building from which the food is dispensed, subject to the approval of the governing board of the district, or in a building owned by a Local Mass Transit District organized under HB3540 Enrolled - 48 - LRB099 11197 AMC 31723 b the Local Mass Transit District Act, subject to the approval of the governing Board of the District, or in Bicentennial Park, or on the premises of the City of Mendota Lake Park located adjacent to Route 51 in Mendota, Illinois, or on the premises of Camden Park in Milan, Illinois, or in the community center owned by the City of Loves Park that is located at 1000 River Park Drive in Loves Park, Illinois, or, in connection with the operation of an established food serving facility during times when food is dispensed for consumption on the premises, and at the following aquarium and museums located in public parks:
Art Institute of Chicago, Chicago Academy of Sciences, Chicago Historical Society, Field Museum of Natural History, Museum of Science and Industry, DuSable Museum of African American History, John G.
Shedd Aquarium and Adler Planetarium, or at Lakeview Museum of Arts and Sciences in Peoria, or in connection with the operation of the facilities of the Chicago Zoological Society or the Chicago Horticultural Society on land owned by the Forest Preserve District of Cook County, or on any land used for a golf course or for recreational purposes owned by the Forest Preserve District of Cook County, subject to the control of the Forest Preserve District Board of Commissioners and applicable local law, provided that dram shop liability insurance is provided at maximum coverage limits so as to hold the District harmless from all financial loss, damage, and harm, or in any building located on land owned by the Chicago Park District if approved by the Park District Commissioners, HB3540 Enrolled - 49 - LRB099 11197 AMC 31723 b or on any land used for a golf course or for recreational purposes and owned by the Illinois International Port District if approved by the District's governing board, or at any airport, golf course, faculty center, or facility in which conference and convention type activities take place belonging to or under control of any State university or public community college district, provided that with respect to a facility for conference and convention type activities alcoholic liquors shall be limited to the use of the convention or conference participants or participants in cultural, political or educational activities held in such facilities, and provided further that the faculty or staff of the State university or a public community college district, or members of an organization of students, alumni, faculty or staff of the State university or a public community college district are active participants in the conference or convention, or in Memorial Stadium on the campus of the University of Illinois at Urbana-Champaign during games in which the Chicago Bears professional football team is playing in that stadium during the renovation of Soldier Field, not more than one and a half hours before the start of the game and not after the end of the third quarter of the game, or in the Pavilion Facility on the campus of the University of Illinois at Chicago during games in which the Chicago Storm professional soccer team is playing in that facility, not more than one and a half hours before the start of the game and not after the end of the third quarter of HB3540 Enrolled - 50 - LRB099 11197 AMC 31723 b the game, or in the Pavilion Facility on the campus of the University of Illinois at Chicago during games in which the WNBA professional women's basketball team is playing in that facility, not more than one and a half hours before the start of the game and not after the 10-minute mark of the second half of the game, or by a catering establishment which has rented facilities from a board of trustees of a public community college district, or in a restaurant that is operated by a commercial tenant in the North Campus Parking Deck building that (1) is located at 1201 West University Avenue, Urbana, Illinois and (2) is owned by the Board of Trustees of the University of Illinois, or, if approved by the District board, on land owned by the Metropolitan Sanitary District of Greater Chicago and leased to others for a term of at least 20 years.
Nothing in this Section precludes the sale or delivery of alcoholic liquor in the form of original packaged goods in premises located at 500 S.
Racine in Chicago belonging to the University of Illinois and used primarily as a grocery store by a commercial tenant during the term of a lease that predates the University's acquisition of the premises;
but the University shall have no power or authority to renew, transfer, or extend the lease with terms allowing the sale of alcoholic liquor;
and the sale of alcoholic liquor shall be subject to all local laws and regulations.
After the acquisition by Winnebago County of the property located at 404 Elm Street in Rockford, a commercial tenant who sold alcoholic liquor at HB3540 Enrolled - 51 - LRB099 11197 AMC 31723 b retail on a portion of the property under a valid license at the time of the acquisition may continue to do so for so long as the tenant and the County may agree under existing or future leases, subject to all local laws and regulations regarding the sale of alcoholic liquor.
Alcoholic liquors may be delivered to and sold at Memorial Hall, located at 211 North Main Street, Rockford, under conditions approved by Winnebago County and subject to all local laws and regulations regarding the sale of alcoholic liquor.
Each facility shall provide dram shop liability in maximum insurance coverage limits so as to save harmless the State, municipality, State university, airport, golf course, faculty center, facility in which conference and convention type activities take place, park district, Forest Preserve District, public community college district, aquarium, museum, or sanitary district from all financial loss, damage or harm.
Alcoholic liquors may be sold at retail in buildings of golf courses owned by municipalities or Illinois State University in connection with the operation of an established food serving facility during times when food is dispensed for consumption upon the premises.
Alcoholic liquors may be delivered to and sold at retail in any building owned by a fire protection district organized under the Fire Protection District Act, provided that such delivery and sale is approved by the board of trustees of the district, and provided further that such delivery and sale is limited to fundraising events and to a maximum of 6 events per year.
However, the limitation HB3540 Enrolled - 52 - LRB099 11197 AMC 31723 b to fundraising events and to a maximum of 6 events per year does not apply to the delivery, sale, or manufacture of alcoholic liquors at the building located at 59 Main Street in Oswego, Illinois, owned by the Oswego Fire Protection District if the alcoholic liquor is sold or dispensed as approved by the Oswego Fire Protection District and the property is no longer being utilized for fire protection purposes.
Alcoholic liquors may be served or sold in buildings under the control of the Board of Trustees of the University of Illinois for events that the Board may determine are public events and not related student activities.
The Board of Trustees shall issue a written policy within 6 months of the effective date of this amendatory Act of the 95th General Assembly concerning the types of events that would be eligible for an exemption.
Thereafter, the Board of Trustees may issue revised, updated, new, or amended policies as it deems necessary and appropriate.
In preparing its written policy, the Board of Trustees shall, among other factors it considers relevant and important, give consideration to the following:
(i) whether the event is a student activity or student related activity;
(ii) whether the physical setting of the event is conducive to control of liquor sales and distribution;
(iii) the ability of the event operator to ensure that the sale or serving of alcoholic liquors and the demeanor of the participants are in accordance with State law and University policies;
(iv) regarding the anticipated attendees at the HB3540 Enrolled - 53 - LRB099 11197 AMC 31723 b event, the relative proportion of individuals under the age of 21 to individuals age 21 or older;
(v) the ability of the venue operator to prevent the sale or distribution of alcoholic liquors to individuals under the age of 21;
(vi) whether the event prohibits participants from removing alcoholic beverages from the venue;
and (vii) whether the event prohibits participants from providing their own alcoholic liquors to the venue.
In addition, any policy submitted by the Board of Trustees to the Illinois Liquor Control Commission must require that any event at which alcoholic liquors are served or sold in buildings under the control of the Board of Trustees shall require the prior written approval of the Office of the Chancellor for the University campus where the event is located.
The Board of Trustees shall submit its policy, and any subsequently revised, updated, new, or amended policies, to the Illinois Liquor Control Commission, and any University event, or location for an event, exempted under such policies shall apply for a license under the applicable Sections of this Act.
Alcoholic liquors may be served or sold in buildings under the control of the Board of Trustees of Northern Illinois University for events that the Board may determine are public events and not student-related activities.
The Board of Trustees shall issue a written policy within 6 months after June 28, 2011 (the effective date of Public Act 97-45) concerning the types of events that would be eligible for an exemption.
Thereafter, the Board of Trustees may issue revised, HB3540 Enrolled - 54 - LRB099 11197 AMC 31723 b updated, new, or amended policies as it deems necessary and appropriate.
In preparing its written policy, the Board of Trustees shall, in addition to other factors it considers relevant and important, give consideration to the following:
(i) whether the event is a student activity or student-related activity;
(ii) whether the physical setting of the event is conducive to control of liquor sales and distribution;
(iii) the ability of the event operator to ensure that the sale or serving of alcoholic liquors and the demeanor of the participants are in accordance with State law and University policies;
(iv) the anticipated attendees at the event and the relative proportion of individuals under the age of 21 to individuals age 21 or older;
(v) the ability of the venue operator to prevent the sale or distribution of alcoholic liquors to individuals under the age of 21;
(vi) whether the event prohibits participants from removing alcoholic beverages from the venue;
and (vii) whether the event prohibits participants from providing their own alcoholic liquors to the venue.
Alcoholic liquors may be served or sold in buildings under the control of the Board of Trustees of Chicago State University for events that the Board may determine are public events and not student-related activities.
The Board of Trustees shall issue a written policy within 6 months after August 2, 2013 (the effective date of Public Act 98-132) concerning the types of events that would be eligible for an HB3540 Enrolled - 55 - LRB099 11197 AMC 31723 b exemption.
Thereafter, the Board of Trustees may issue revised, updated, new, or amended policies as it deems necessary and appropriate.
In preparing its written policy, the Board of Trustees shall, in addition to other factors it considers relevant and important, give consideration to the following:
(i) whether the event is a student activity or student-related activity;
(ii) whether the physical setting of the event is conducive to control of liquor sales and distribution;
(iii) the ability of the event operator to ensure that the sale or serving of alcoholic liquors and the demeanor of the participants are in accordance with State law and University policies;
(iv) the anticipated attendees at the event and the relative proportion of individuals under the age of 21 to individuals age 21 or older;
(v) the ability of the venue operator to prevent the sale or distribution of alcoholic liquors to individuals under the age of 21;
(vi) whether the event prohibits participants from removing alcoholic beverages from the venue;
and (vii) whether the event prohibits participants from providing their own alcoholic liquors to the venue.
Alcoholic liquors may be served or sold in buildings under the control of the Board of Trustees of Illinois State University for events that the Board may determine are public events and not student-related activities.
The Board of Trustees shall issue a written policy within 6 months after the effective date of this amendatory Act of the 97th General HB3540 Enrolled - 56 - LRB099 11197 AMC 31723 b Assembly concerning the types of events that would be eligible for an exemption.
Thereafter, the Board of Trustees may issue revised, updated, new, or amended policies as it deems necessary and appropriate.
In preparing its written policy, the Board of Trustees shall, in addition to other factors it considers relevant and important, give consideration to the following:
(i) whether the event is a student activity or student-related activity;
(ii) whether the physical setting of the event is conducive to control of liquor sales and distribution;
(iii) the ability of the event operator to ensure that the sale or serving of alcoholic liquors and the demeanor of the participants are in accordance with State law and University policies;
(iv) the anticipated attendees at the event and the relative proportion of individuals under the age of 21 to individuals age 21 or older;
(v) the ability of the venue operator to prevent the sale or distribution of alcoholic liquors to individuals under the age of 21;
(vi) whether the event prohibits participants from removing alcoholic beverages from the venue;
and (vii) whether the event prohibits participants from providing their own alcoholic liquors to the venue.
Alcoholic liquor may be delivered to and sold at retail in the Dorchester Senior Business Center owned by the Village of Dolton if the alcoholic liquor is sold or dispensed only in connection with organized functions for which the planned attendance is 20 or more persons, and if the person or facility HB3540 Enrolled - 57 - LRB099 11197 AMC 31723 b selling or dispensing the alcoholic liquor has provided dram shop liability insurance in maximum limits so as to hold harmless the Village of Dolton and the State from all financial loss, damage and harm.
Alcoholic liquors may be delivered to and sold at retail in any building used as an Illinois State Armory provided:
(i) the Adjutant General's written consent to the issuance of a license to sell alcoholic liquor in such building is filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only in connection with organized functions held on special occasions;
(iii) the organized function is one for which the planned attendance is 25 or more persons;
and (iv) the facility selling or dispensing the alcoholic liquors has provided dram shop liability insurance in maximum limits so as to save harmless the facility and the State from all financial loss, damage or harm.
Alcoholic liquors may be delivered to and sold at retail in the Chicago Civic Center, provided that:
(i) the written consent of the Public Building Commission which administers the Chicago Civic Center is filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only in connection with organized functions held on special occasions;
HB3540 Enrolled - 58 - LRB099 11197 AMC 31723 b (iii) the organized function is one for which the planned attendance is 25 or more persons;
(iv) the facility selling or dispensing the alcoholic liquors has provided dram shop liability insurance in maximum limits so as to hold harmless the Civic Center, the City of Chicago and the State from all financial loss, damage or harm;
and (v) all applicable local ordinances are complied with.
Alcoholic liquors may be delivered or sold in any building belonging to or under the control of any city, village or incorporated town where more than 75% of the physical properties of the building is used for commercial or recreational purposes, and the building is located upon a pier extending into or over the waters of a navigable lake or stream or on the shore of a navigable lake or stream.
In accordance with a license issued under this Act, alcoholic liquor may be sold, served, or delivered in buildings and facilities under the control of the Department of Natural Resources during events or activities lasting no more than 7 continuous days upon the written approval of the Director of Natural Resources acting as the controlling government authority.
The Director of Natural Resources may specify conditions on that approval, including but not limited to requirements for insurance and hours of operation.
Notwithstanding any other provision of this Act, alcoholic liquor sold by a United States Army Corps of Engineers or Department of Natural Resources concessionaire HB3540 Enrolled - 59 - LRB099 11197 AMC 31723 b who was operating on June 1, 1991 for on-premises consumption only is not subject to the provisions of Articles IV and IX.
Beer and wine may be sold on the premises of the Joliet Park District Stadium owned by the Joliet Park District when written consent to the issuance of a license to sell beer and wine in such premises is filed with the local liquor commissioner by the Joliet Park District.
Beer and wine may be sold in buildings on the grounds of State veterans' homes when written consent to the issuance of a license to sell beer and wine in such buildings is filed with the Commission by the Department of Veterans' Affairs, and the facility shall provide dram shop liability in maximum insurance coverage limits so as to save the facility harmless from all financial loss, damage or harm.
Such liquors may be delivered to and sold at any property owned or held under lease by a Metropolitan Pier and Exposition Authority or Metropolitan Exposition and Auditorium Authority.
Beer and wine may be sold and dispensed at professional sporting events and at professional concerts and other entertainment events conducted on premises owned by the Forest Preserve District of Kane County, subject to the control of the District Commissioners and applicable local law, provided that dram shop liability insurance is provided at maximum coverage limits so as to hold the District harmless from all financial loss, damage and harm.
Nothing in this Section shall preclude the sale or delivery of beer and wine at a State or county fair or the sale or HB3540 Enrolled - 60 - LRB099 11197 AMC 31723 b delivery of beer or wine at a city fair in any otherwise lawful manner.
Alcoholic liquors may be sold at retail in buildings in State parks under the control of the Department of Natural Resources, provided:
a.
the State park has overnight lodging facilities with some restaurant facilities or, not having overnight lodging facilities, has restaurant facilities which serve complete luncheon and dinner or supper meals, b.
(blank), and c.
the alcoholic liquors are sold by the State park lodge or restaurant concessionaire only during the hours from 11 o'clock a.m.
until 12 o'clock midnight.
Notwithstanding any other provision of this Act, alcoholic liquor sold by the State park or restaurant concessionaire is not subject to the provisions of Articles IV and IX.
Alcoholic liquors may be sold at retail in buildings on properties under the control of the Historic Sites and Preservation Division of the Historic Preservation Agency or the Abraham Lincoln Presidential Library and Museum provided:
a.
the property has overnight lodging facilities with some restaurant facilities or, not having overnight lodging facilities, has restaurant facilities which serve complete luncheon and dinner or supper meals, b.
consent to the issuance of a license to sell alcoholic liquors in the buildings has been filed with the HB3540 Enrolled - 61 - LRB099 11197 AMC 31723 b commission by the Historic Sites and Preservation Division of the Historic Preservation Agency or the Abraham Lincoln Presidential Library and Museum, and c.
the alcoholic liquors are sold by the lodge or restaurant concessionaire only during the hours from 11 o'clock a.m.
until 12 o'clock midnight.
The sale of alcoholic liquors pursuant to this Section does not authorize the establishment and operation of facilities commonly called taverns, saloons, bars, cocktail lounges, and the like except as a part of lodge and restaurant facilities in State parks or golf courses owned by Forest Preserve Districts with a population of less than 3,000,000 or municipalities or park districts.
Alcoholic liquors may be sold at retail in the Springfield Administration Building of the Department of Transportation and the Illinois State Armory in Springfield;
⬇ Download PDF
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 99-0484

  2. Effective Date October 30, 2015

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Concurs

  7. Senate Floor Amendment No. 1 House Concurs 072-038-000

  8. 3/5 Vote Required

  9. Senate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Executive Committee; 009-000-000

  10. Final Action Deadline Extended-9(b) September 30, 2015

  11. Senate Floor Amendment No. 1 Motion to Concur Rules Referred to Executive Committee

  12. Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee

  13. Senate Floor Amendment No. 1 Motion Filed Concur Rep. Ann M. Williams

  14. Chief Sponsor Changed to Rep. Ann M. Williams

  15. Remove Chief Co-Sponsor Rep. John Cavaletto

  16. Remove Chief Co-Sponsor Rep. David B. Reis

  17. Remove Chief Co-Sponsor Rep. Terri Bryant

  18. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  19. Arrived in House

  20. Third Reading - Passed; 049-002-000

  21. 3/5 Vote Required

  22. Placed on Calendar Order of 3rd Reading

  23. Senate Floor Amendment No. 1 Adopted; Haine

  24. Recalled to Second Reading

  25. Senate Floor Amendment No. 1 Recommend Do Adopt Executive; 015-000-000

  26. Alternate Chief Sponsor Changed to Sen. William R. Haine

  27. Senate Floor Amendment No. 1 Assignments Refers to Executive

  28. Rule 2-10 Committee/3rd Reading Deadline Established As August 19, 2015

  29. Senate Floor Amendment No. 1 Referred to Assignments

  30. Senate Floor Amendment No. 1 Filed with Secretary by Sen. William R. Haine

  31. Rule 2-10 Third Reading Deadline Established As May 31, 2015

  32. Placed on Calendar Order of 3rd Reading May 19, 2015

  33. Second Reading

  34. Placed on Calendar Order of 2nd Reading May 5, 2015

  35. Do Pass Environment and Conservation; 008-000-000

  36. Assigned to Environment and Conservation

  37. Referred to Assignments

  38. First Reading

  39. Chief Senate Sponsor Sen. Gary Forby

  40. Placed on Calendar Order of First Reading April 15, 2015

  41. Arrive in Senate

  42. Third Reading - Short Debate - Passed 113-000-000

  43. Placed on Calendar Order of 3rd Reading - Short Debate

  44. Second Reading - Short Debate

  45. Placed on Calendar 2nd Reading - Short Debate

  46. Remove Chief Co-Sponsor Rep. John Bradley

  47. Do Pass / Short Debate Energy Committee; 010-000-000

  48. Added Chief Co-Sponsor Rep. John Cavaletto

  49. Added Chief Co-Sponsor Rep. David B. Reis

  50. Added Chief Co-Sponsor Rep. Terri Bryant

  51. Added Chief Co-Sponsor Rep. John Bradley

  52. Assigned to Energy Committee

  53. Referred to Rules Committee

  54. First Reading

  55. Filed with the Clerk by Rep. Brandon W. Phelps

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 8 voted No

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 1

Passed 72 Yea · 38 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 463008
Democrat 25300
Republican 1500
Total 723808
% of votes cast 61%32%0%7%
How each member voted (118)
Member Party Vote
Sandack — Yea
Smiddy — Yea
Acevedo — Yea
Andersson — Yea
Anthony — Nay
Arroyo — Yea
Batinick — Nay
Beiser — Yea
Bellock — Nay
Mautino — Yea
Bourne — Nay
Breen — Yea
Brown — Nay
Butler — Nay
McAsey — Yea
Jackson — Yea
Jesiel — Nay
Lang — Yea
McAuliffe — Yea
Moffitt — Yea
Davis, Monique — Yea
Soto — Yea
Tabares — Yea
Tryon — Yea
Turner — Yea
Unes — Yea
Verschoore — Yea
Sullivan — Yea
Bradley — Yea
Mitchell, Christian — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Harris, David — Yea
Wheeler, Barbara — Yea
Demmer — Yea
Durkin — Yea
Flowers — Yea
Golar — Yea
Harris, Greg — Yea
Wheeler, Keith — Yea
Leitch — Not Voting
Williams — Yea
Hernandez — Yea
Madigan — Not Voting
McDermed — Nay
McSweeney — Nay
Jones — Yea
Phelps — Yea
Phillips — Not Voting
Bennett — Nay
Sente — Nay
Sommer — Nay
Brady — Nay
Mitchell, Bill — Nay
Stewart — Not Voting
Thapedi — Nay
Wallace — Nay
Wehrli — Nay
Willis — Nay
Winger — Not Voting
Yingling — Nay
Zalewski — Yea
Cavaletto — Nay
Cloonen — Nay
Conroy — Yea
Costello — Nay
Currie — Yea
D'Amico — Yea
Drury — Nay
Dunkin — Not Voting
Fortner — Nay
Franks — Nay
Frese — Nay
Hays — Nay
Hurley — Yea
Ives — Nay
Nekritz — Yea
Kay — Nay
Poe — Not Voting
Pritchard — Not Voting
Reaves-Harris — Yea
Reis — Nay
Riley — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Nay
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Nay
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Nay
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Charles Meier Republican Nay
Christopher "C.D." Davidsmeyer Republican Nay
Joe C. Sosnowski Republican Nay
John M. Cabello Republican Nay
Norine K. Hammond Republican Yea
Terri Bryant Republican Nay

Official roll call →

Third Reading

Passed 49 Yea · 2 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 36204
Republican 1003
Democrat 12001
Total 49208
% of votes cast 83%3%0%14%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Not Voting
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Nay
Bush — Yea
McCarter — Nay
Link — Yea
Manar — Yea
Radogno — Yea
Bennett — Yea
Forby — Yea
Haine — Yea
Harris — Yea
Kotowski — Yea
LaHood — Yea
Landek — Yea
McGuire — Yea
Brady — Yea
McCann — Yea
Sullivan — Yea
Cullerton, T. — Yea
Cullerton — Yea
McConnaughay — Yea
Mulroe — Yea
Muñoz — Yea
Nybo — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Clayborne — Yea
Connelly — Yea
Duffy — Not Voting
Hutchinson — Yea
Noland — Yea
Oberweis — Not Voting
Raoul — Yea
Righter — Not Voting
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Not Voting
Neil Anderson Republican Not Voting
Sue Rezin Republican Not Voting

Official roll call →

Third Reading

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 81003
Democrat 26002
Republican 6000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Sandack — Yea
Winger — Yea
Madigan — Not Voting
Acevedo — Yea
Andersson — Yea
Anthony — Yea
Arroyo — Yea
Batinick — Yea
Beiser — Yea
Bellock — Yea
Mautino — Not Voting
Bourne — Yea
Breen — Yea
Brown — Yea
Butler — Yea
Costello — Yea
Durkin — Yea
Nekritz — Yea
Phelps — Yea
Sente — Yea
Smiddy — Yea
Sommer — Yea
Soto — Yea
Bennett — Yea
Harris, David — Yea
Harris, Greg — Yea
Bradley — Yea
Brady — Yea
Hernandez — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Frese — Yea
Golar — Yea
Hays — Yea
Hurley — Yea
Ives — Yea
Jackson — Yea
Jesiel — Yea
Lang — Yea
Jones — Yea
Leitch — Yea
Sullivan — Yea
McAsey — Yea
McAuliffe — Yea
McDermed — Yea
McSweeney — Yea
Davis, Monique — Yea
Wheeler, Barbara — Yea
Wheeler, Keith — Yea
Moffitt — Yea
Williams — Yea
Mitchell, Bill — Yea
Stewart — Yea
Mitchell, Christian — Yea
Tabares — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Unes — Yea
Verschoore — Yea
Wallace — Yea
Wehrli — Yea
Willis — Yea
Yingling — Yea
Zalewski — Yea
Cavaletto — Yea
Cloonen — Yea
Conroy — Yea
Currie — Yea
D'Amico — Yea
Demmer — Yea
Drury — Yea
Dunkin — Yea
Kay — Yea
Phillips — Yea
Poe — Yea
Pritchard — Yea
Reaves-Harris — Yea
Reis — Yea
Riley — Not Voting
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Not Voting
Jaime M. Andrade, Jr. Democrat Not Voting
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Terri Bryant Republican Yea

Official roll call →

Subjects

environment energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 3540 do?
Amends the Illinois Oil and Gas Act. Authorizes the Department of Natural Resources to determine if oil and gas leases submitted with an application for a permit or transfer of a permit for a well are operative on the basis that prior oil and gas leases covering the same lands have terminated due to non-development or non-production. Requires that the determinations be based upon affidavits of non-development or non-production from knowledgeable individuals familiar with the history of development and production of oil or gas as to such lands, together with other evidence, which create a rebuttable presumption that the prior oil and gas leases have terminated and are of no further force and effect and that the submitted oil and gas leases are operative and effective. Provides that a court order or judgment declaring the prior leases terminated is not required for such determinations, except in extraordinary circumstances where the determinations cannot reasonably be concluded from the affidavits or evidence submitted to or available from the Department. Provides that, upon the Department's determination of a rebuttable presumption, the Department shall provide the current permittee with notice and a 30-day opportunity to request a hearing to rebut the presumption before a final determination on a lease is made. Provides that any determination made by the Department shall not diminish the rights or obligations of any current permittee of a well that are otherwise provided by statute or regulation of the Department. Provides that any request for a determination shall require the payment of a nonrefundable fee. Requires all determinations on leases by the Department be made no later than 90 days after the Department's receipt of a valid request for the determination. Effective immediately.
Who sponsors HB 3540?
HB 3540 is sponsored by Ann M. Williams (Democrat).
What is the current status of HB 3540?
This bill has been enacted into law. Introduced February 26, 2015. Enacted.
Where can I track HB 3540?
Track HB 3540 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 3540

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 3540

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →