SB 947 — LIQUOR-TECH

SB0947 *LRB09404606AMC34635b*Engrossed 94THLRB094 GENERAL04606 ASSEMBLYAMC State34635 ofb IllinoisAN andACT 2006concerning SB0947liquor. Introduced 2/18/2005, by Sen.

Ira I.

Silverstein - Emil Jones, Jr.

SYNOPSIS AS INTRODUCED:

ILCS 5/6-16.1 Amends the Liquor Control Act of 1934.

Makes a technical change in a Section concerning enforcement actions.

LRB094 04606 AMC 34635 b A BILL FOR SB0947 LRB094 04606 AMC 34635 b AN ACT concerning liquor.

The Liquor Control Act of 1934 is amended by changing Section 6-16.16-11 as follows:

(235 ILCS 5/6-16.1)5/6-11) Sec.(from Ch.

6-16.1.43, par.

Enforcement127) actions.Sec.

(a)6-11. A licensee or an officer, associate, member, representative, agent, or employee of a licensee may sell, give, or deliver alcoholic liquor to a person under the the age of 21 years or authorize the sale, gift, or delivery of alcoholic liquor to a person under the age of 21 years pursuant to a plan or action to investigate, patrol, or otherwise conduct a "sting operation" or enforcement action against a person employed by the licensee or on any licensed premises if the licensee or officer, associate, member, representative, agent, or employee of the licensee provides written notice, at least 14 days before the "sting operation" or enforcement action, unless governing body of the municipality or county having jurisdiction sets a shorter period by ordinance, to the law enforcement agency having jurisdiction, the local liquor control commissioner, or both.

NoticeSale providednear underchurches, thisschools, Sectionand shallhospitals. be valid for a "sting operation" or enforcement action conducted within 60 days of the provision of that notice, unless the governing body of the municipality or county having jurisdiction sets a shorter period by ordinance.

(b)(a) ANo locallicense liquorshall controlbe commissionissued orfor unitthe sale at retail of localany governmentalcoholic thatliquor conductswithin alcohol100 andfeet tobaccoof complianceany operationschurch, shallschool establishother athan policyan andinstitution standardsof higher learning, hospital, home for alcoholaged andor tobaccoindigent compliancepersons operationsor tofor investigateveterans, whethertheir aspouses licenseeor ischildren furnishingor (1)any alcoholicmilitary liquoror naval station, provided, that this prohibition shall not apply to personshotels underoffering 21restaurant yearsservice, ofregularly ageorganized inclubs, violationor ofto thisrestaurants, Actfood shops or (2)other tobaccoplaces towhere personssale SB0947of -alcoholic 2liquors -is LRB094not 04606the AMCprincipal 34635business bcarried inon violationif the place of thebusiness Saleso exempted is not located in a municipality of Tobaccomore tothan Minors500,000 Act.persons, unless required by local ordinance;

(c)nor Theto Illinoisthe Lawrenewal Enforcementof Traininga Standardslicense Boardfor shallthe developsale aat modelretail policyof andalcoholic guidelinesliquor foron thepremises operationwithin 100 feet of alcoholany andchurch tobaccoor complianceschool checkswhere bythe localchurch lawor enforcementschool officers.has been established within such 100 feet since the issuance of the original license.

TheIn Illinoisthe Lawcase Enforcementof Traininga Standardschurch, Boardthe distance of 100 feet shall alsobe requiremeasured to the supervisingnearest officerspart of suchany compliancebuilding checksused tofor haveworship metservices aor minimumeducational trainingprograms standardand asnot determinedto byproperty theboundaries. Board.

The(b) BoardNothing in this Section shall haveprohibit the rightissuance of a retail license authorizing the sale of alcoholic liquor to waivea anyrestaurant, trainingthe basedprimary business of which is the sale of goods baked on currentthe writtenpremises policiesif (i) the restaurant is newly constructed and procedureslocated foron alcohola 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 SB0947 Engrossed - 2 - LRB094 04606 AMC 34635 b premises and tobaccoresides complianceon checkthe operationspremises, and in-service(iv) trainingthe alreadyconstruction administeredof bythe restaurant is completed within 18 months of the localeffective lawdate enforcementof agency,this department,amendatory orAct office.of 1998.

(d)(c) TheNothing provisionsin this Section shall prohibit the issuance of subsectionsa (b)retail andlicense (c)authorizing dothe notsale applyof alcoholic liquor incidental to a homerestaurant ruleif unit(1) withthe 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 thanfeet 2,000,000from inhabitants.a school.

(e)(d) AIn homethe ruleinterest unit,of otherfurther 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 homemunicipality ruleof unitmore withthan 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 2,000,00090 inhabitants,feet maybut notless regulatethan enforcement100 actionsfeet from a high school that opened in 1928 as a mannerjunior inconsistenthigh withschool and became a senior high school in 1933, and in each of these cases if the regulationsale of enforcementSB0947 actionsEngrossed under- this3 Section.- LRB094 04606 AMC 34635 b alcoholic liquors is not the principal business carried on by the licensee.

ThisFor subsectionpurposes (e)of isthis Section, a limitation"banquet underfacility" subsectionis (i)any part of Sectiona 6building ofthat Articlecaters VIIto ofprivate theparties Illinoisand Constitutionwhere on the concurrentsale exercise by home rule units of powersalcoholic andliquors functionsis exercisednot by the State.principal business.

(f)(e) ANothing licenseein whothis isSection shall prohibit the subjectissuance of ana enforcementlicense actionto a church or "stingprivate operation"school underto thissell Sectionat andretail isalcoholic found,liquor pursuantif toany thesuch enforcementsales action,are limited to beperiods inwhen compliancegroups withare thisassembled Acton shallthe bepremises notifiedsolely byfor the enforcementpromotion agencyof actionsome thatcommon noobject violationother wasthan foundthe withinsale 30or daysconsumption afterof thealcoholic finding.liquors.

(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.

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.

(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 SB0947 Engrossed - 4 - LRB094 04606 AMC 34635 b the written consent of a majority of the registered voters who live within 200 feet of the premises.

(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:

(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.

(i) (h) 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 inhabitants and is within 100 feet of a church, synagogue, or other place of worship if:

(1) the primary entrance of the premises and the 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;

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.

(j) (h) Notwithstanding any provision in this Section to SB0947 Engrossed - 5 - LRB094 04606 AMC 34635 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 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:

(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;

(2) the shortest distance between the premises and the church or school is at least 80 feet apart and no greater than 85 feet apart;

(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;

(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 premises is at least 3,200 square feet and sits on a lot that is between 7,150 and 7,200 square feet;

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.

92-503,92-720, eff.

1-1-02;7-25-02;