Illinois 94th Regular Session Status: To Executive

SB 2445 — LIQUOR-SALE NEAR SCHOOL

Last action — Bill Dead - Amendatory Veto

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

This bill died with 94th Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Liquor Control Act of 1934. Provides that the prohibition against issuing a license to sell alcoholic liquor at retail at a premises that is located within a municipality with a population in excess of 300,000 and is within 100 feet of a school does not apply if (1) the primary entrance of the premises and the primary entrance of the school are at least 100 feet apart, on parallel streets, and separated by an alley and (2) the principal of the school has not indicated his or her opposition to the issuance or renewal of the license in writing to the local liquor control commissioner. Effective immediately.

Bill Text

What changed in the latest version

30 added · 27 removed

Plain-language change summary

The revised SB 2445 bill updates the regulations for selling alcohol near schools in large municipalities. It now applies specifically to cities with populations over 1,000,000 instead of over 300,000 and sets stricter distance requirements, requiring that premises be at least 350 feet away from the school. Additionally, it imposes more detailed criteria for applicants, such as requiring them to have a specific amount of restaurant space. These changes aim to better manage the sale of alcohol near educational institutions, ensuring that alcohol sales are ancillary to food sales and maintaining community safety.

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SB2445 Engrossed LRB094 16392 LJB 51646 b AN ACT concerning liquor.
SB2445 Enrolled LRB094 16392 LJB 51646 b AN ACT concerning liquor.
(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 SB2445 Engrossed - 2 - LRB094 16392 LJB 51646 b 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.
(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 SB2445 Enrolled - 2 - LRB094 16392 LJB 51646 b 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.
(d) In the interest of further developing Illinois’ economy in the area of commerce, tourism, convention, and banquet business, nothing in this Section shall prohibit issuance of a retail license authorizing the sale of alcoholic beverages to a restaurant, banquet facility, 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 SB2445 Engrossed - 3 - LRB094 16392 LJB 51646 b alcoholic liquors is not the principal business carried on by the licensee.
(d) In the interest of further developing Illinois’ economy in the area of commerce, tourism, convention, and banquet business, nothing in this Section shall prohibit issuance of a retail license authorizing the sale of alcoholic beverages to a restaurant, banquet facility, 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 SB2445 Enrolled - 3 - LRB094 16392 LJB 51646 b alcoholic liquors is not the principal business carried on by the licensee.
(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 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 SB2445 Engrossed - 4 - LRB094 16392 LJB 51646 b the written consent of a majority of the registered voters who live within 200 feet of the premises.
(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 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 SB2445 Enrolled - 4 - LRB094 16392 LJB 51646 b the written consent of a majority of the registered voters who live within 200 feet of the premises.
(j) (h) Notwithstanding any provision in this Section to SB2445 Engrossed - 5 - LRB094 16392 LJB 51646 b 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.
(j) (h) Notwithstanding any provision in this Section to SB2445 Enrolled - 5 - LRB094 16392 LJB 51646 b 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.
(k) 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 300,000 and is within 100 feet of a school if:
(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 and is within 100 feet of a school if:
(1) the primary entrance of the premises and the primary entrance of the school are at least 100 feet apart, on parallel streets, and separated by an alley;
(1) the primary entrance of the premises and the primary entrance of the school are parallel, on different streets, and separated by an alley;
(2) the general superintendent of schools of the school district organized under Article 34 of the School Code and the alderman of the ward in which the school is located have delivered a written statement to the local liquor control commissioner stating that the general superintendent of schools and alderman do not object to the issuance or renewal of a license;
(2) the southeast corner of the premises are at least 350 feet from the southwest corner of the school;
(3) the sale of alcoholic liquor at the premises is incidental to the sale of food;
(3) the school was built in 1978;
and (4) the sale of alcoholic liquor is not the principal business carried on at the premises.
(4) the sale of alcoholic liquor at the premises is incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(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;
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.
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Action History

  1. Bill Dead - Amendatory Veto

  2. Motion Filed Override Amendatory Veto Sen. John J. Cullerton

  3. Placed on Calendar Amendatory Veto November 15, 2006

  4. Governor Amendatory Veto

  5. Sent to the Governor

  6. Passed Both Houses

  7. House Floor Amendment No. 1 Senate Concurs 039-016-000

  8. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 009-001-000

  9. House Floor Amendment No. 1 Motion to Concur Rules Referred to Executive

  10. House Floor Amendment No. 1 Motion to Concur Referred to Rules

  11. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Cullerton

  12. Placed on Calendar Order of Concurrence House Amendment(s) 01-May 4, 2006

  13. Secretary's Desk - Concurrence House Amendment(s) 01

  14. Third Reading - Short Debate - Passed 062-050-000

  15. Placed on Calendar - Consideration Postponed

  16. Consideration Postponed

  17. Final Action Deadline Extended-9(b) May 5, 2006

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

  19. House Floor Amendment No. 1 Adopted by Voice Vote

  20. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000

  21. House Floor Amendment No. 1 Referred to Rules Committee

  22. House Floor Amendment No. 1 Filed with Clerk by Rep. Sara Feigenholtz

  23. Held on Calendar Order of Second Reading - Short Debate

  24. Recalled to Second Reading - Short Debate

  25. Final Action Deadline Extended-9(b) April 30, 2006

  26. Final Action Deadline Extended-9(b) April 13, 2006

  27. Final Action Deadline Extended-9(b) April 7, 2006

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

  29. Second Reading - Short Debate

  30. Placed on Calendar 2nd Reading - Short Debate

  31. Do Pass / Short Debate Executive Committee; 008-004-000

  32. Assigned to Executive Committee

  33. Referred to Rules Committee

  34. First Reading

  35. Chief House Sponsor Rep. Sara Feigenholtz

  36. Placed on Calendar Order of First Reading

  37. Arrived in House

  38. Third Reading - Passed; 033-011-001

  39. Placed on Calendar Order of 3rd Reading February 27, 2006

  40. Senate Floor Amendment No. 2 Adopted; Cullerton

  41. Recalled to Second Reading

  42. Senate Floor Amendment No. 2 Recommend Do Adopt Executive; 009-001-000

  43. Senate Floor Amendment No. 2 Rules Refers to Executive

  44. Senate Floor Amendment No. 2 Referred to Rules

  45. Senate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton

  46. Placed on Calendar Order of 3rd Reading February 22, 2006

  47. Second Reading

  48. Placed on Calendar Order of 2nd Reading February 16, 2006

  49. Do Pass as Amended Executive; 009-001-000

  50. Senate Committee Amendment No. 1 Adopted

  51. Senate Committee Amendment No. 1 Rules Refers to Executive

  52. Senate Committee Amendment No. 1 Referred to Rules

  53. Senate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton

  54. Assigned to Executive

  55. Referred to Rules

  56. First Reading

  57. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • John J. Cullerton · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 6 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • John J. Cullerton

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 39 Yea · 16 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 351503
Democrat 4100
Republican 0001
Total 391604
% of votes cast 66%27%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Schoenberg — Yea
Shadid — Yea
Sieben — Yea
Silverstein — Yea
Luechtefeld — Nay
Maloney — Yea
Althoff — Yea
Martinez — Yea
Axley — Yea
Bomke — Nay
Burzynski — Nay
Clayborne — Yea
Haine — Not Voting
Meeks — Yea
Millner — Yea
Peterson — Yea
Rutherford — Yea
Sullivan — Yea
Petka — Yea
Forby — Yea
Garrett — Yea
Geo-Karis — Yea
Halvorson — Yea
Hendon — Yea
Lauzen — Nay
Jacobs — Yea
Cullerton — Yea
Watson — Yea
Link — Yea
Brady — Nay
Jones, J. — Nay
Jones, W. — Nay
Demuzio — Nay
Munoz — Not Voting
Radogno — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Nay
Winkel — Nay
Cronin — Yea
Crotty — Yea
Dahl — Nay
DeLeo — Yea
Dillard — Not Voting
Pankau — Nay
Raoul — Yea
Rauschenberger — Nay
Righter — Nay
Risinger — Nay
Ronen — Yea
Roskam — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Nay
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Third Reading

Passed 62 Yea · 50 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 544606
Democrat 8100
Republican 0300
Total 625006
% of votes cast 53%42%0%5%
How each member voted (118)
Member Party Vote
Sacia — Nay
Saviano — Yea
Schmitz — Nay
Schock — Nay
Sommer — Nay
Madigan — Yea
Acevedo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Nay
Bellock — Nay
Berrios — Yea
Biggins — Nay
Mautino — Yea
Black — Nay
Boland — Yea
May — Nay
Bost — Yea
Brauer — Nay
Brosnahan — Yea
Golar — Yea
Gordon — Nay
Hamos — Yea
Hultgren — Nay
Nekritz — Yea
Jefferson — Nay
Jenisch — Not Voting
Krause — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
McAuliffe — Yea
Reitz — Yea
Lyons — Yea
McCarthy — Yea
McKeon — Yea
Mendoza — Yea
Molaro — Yea
Mulligan — Yea
Osmond — Yea
McGuire — Yea
Bradley, Richard — Yea
Poe — Nay
Scully — Yea
Soto — Yea
Tryon — Yea
Burke — Yea
Turner — Yea
Sullivan — Yea
Hannig — Yea
Verschoore — Yea
Washington — Yea
Yarbrough — Yea
Younge — Yea
Howard — Yea
Davis, Monique — Yea
Chavez — Yea
Colvin — Yea
Cross — Yea
Currie — Yea
Dugan — Nay
Dunkin — Yea
Dunn — Yea
Flowers — Yea
Fritchey — Yea
Giles — Yea
Graham — Yea
Granberg — Yea
Holbrook — Yea
Mathias — Not Voting
Meyer — Nay
Moffitt — Nay
Munson — Nay
Myers — Nay
Parke — Nay
Bradley, John — Nay
Brady — Nay
Phelps — Nay
Pihos — Nay
Mitchell, Bill — Nay
Mitchell, Jerry — Nay
Tenhouse — Nay
Wait — Nay
Winters — Nay
Watson — Nay
Jones — Not Voting
Churchill — Not Voting
Coulson — Not Voting
Cultra — Nay
D'Amico — Nay
Daniels — Nay
Durkin — Nay
Eddy — Nay
Flider — Nay
Franks — Nay
Froehlich — Nay
Hassert — Nay
Jakobsson — Nay
Kosel — Nay
Osterman — Yea
Patterson — Not Voting
Pritchard — Nay
Ramey — Nay
Reis — Nay
Ryg — Nay
Chapa LaVia — Nay
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Nay
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Nay
Chapin Rose Republican Nay
Chris Miller Republican Nay

Official roll call →

Third Reading

Passed 33 Yea · 11 Nay · 15 Other
Party YeaNayPresentNot Voting
Unaffiliated 2911013
Democrat 4001
Republican 0001
Total 3311015
% of votes cast 56%19%0%25%
How each member voted (59)
Member Party Vote
Sandoval — Not Voting
Lauzen — Nay
Maloney — Yea
Althoff — Yea
Martinez — Yea
Axley — Nay
Bomke — Nay
Burzynski — Nay
Halvorson — Not Voting
Link — Yea
Luechtefeld — Nay
Meeks — Yea
Millner — Yea
Munoz — Yea
Pankau — Yea
Petka — Yea
Jacobs — Yea
Schoenberg — Yea
Cullerton — Yea
Watson — Yea
Shadid — Yea
Sieben — Not Voting
Silverstein — Not Voting
Brady — Nay
Jones, J. — Nay
Jones, W. — Nay
Trotter — Yea
Viverito — Not Voting
Sullivan, J. — Not Voting
Wilhelmi — Not Voting
Demuzio — Not Voting
Winkel — Nay
Clayborne — Yea
Cronin — Not Voting
Crotty — Yea
Dahl — Nay
DeLeo — Yea
Dillard — Not Voting
Forby — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Hendon — Yea
Peterson — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Nay
Ronen — Yea
Roskam — Not Voting
Rutherford — Not Voting
del Valle — Not Voting
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Not Voting
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Subjects

public-safety education
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Frequently asked questions

What does SB 2445 do?
Amends the Liquor Control Act of 1934. Provides that the prohibition against issuing a license to sell alcoholic liquor at retail at a premises that is located within a municipality with a population in excess of 300,000 and is within 100 feet of a school does not apply if (1) the primary entrance of the premises and the primary entrance of the school are at least 100 feet apart, on parallel streets, and separated by an alley and (2) the principal of the school has not indicated his or her opposition to the issuance or renewal of the license in writing to the local liquor control commissioner. Effective immediately.
Who sponsors SB 2445?
SB 2445 is sponsored by John J. Cullerton.
What is the current status of SB 2445?
This bill died with 94th Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2445?
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