Public Act 099-0046

SB0398 Enrolled LRB099 03227 RPS 23235 b

AN ACT concerning liquor.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Liquor Control Act of 1934 is amended by

changing Sections 1-2, 1-3.25, 3-14, 4-1, 6-11, 6-27.1, 6-28,

and 6-31 and by adding Sections 6-22.5, 6-27.5, and 6-28.5 as

follows:

(235 ILCS 5/1-2) (from Ch. 43, par. 94)

Sec. 1-2. This Act shall be liberally construed, to the end

that the health, safety, and welfare of the People of the State

of Illinois shall be protected and temperance in the

consumption of alcoholic liquors shall be fostered and promoted

by sound and careful control and regulation of the manufacture,

sale, and distribution of alcoholic liquors. The State

Commission may not enforce any trade practice policy or other

rule that was not adopted in accordance with the Illinois

Administrative Procedure Act.

(Source: P.A. 82-783.)

(235 ILCS 5/1-3.25) (from Ch. 43, par. 95.25)

Sec. 1-3.25. "Hotel" means every building or other

structure kept, used, maintained, advertised and held out to

the public to be a place where food is actually served and

consumed and sleeping accommodations are offered for adequate

pay to travelers and guests, whether transient, permanent or

residential, in which twenty-five (25) or more rooms are used

for the sleeping accommodations of such guests and having one

or more public dining rooms where meals are served to such

guests, such sleeping accommodations and dining rooms being

conducted in the same building or buildings in connection

therewith and such building or buildings, structure or

structures being provided with adequate and sanitary kitchen

and dining room equipment and capacity. All public dining

rooms, banquet rooms, meeting rooms, room service areas,

mini-bars, and other locations within or adjacent to a hotel in

which alcoholic liquors are stored, offered for sale, or sold

at retail shall be considered part of the hotel's licensed

premises if those locations within or adjacent to the hotel are

owned and managed by the hotel operator. As part of the hotel's

licensed premises, each and all of those locations within or

adjacent to the hotel shall be maintained and managed pursuant

to a single retailer's license issued by the State Commission

to the hotel operator, regardless of the number of local

retailer licenses mandated by the local unit of government

having jurisdiction over the hotel. Public dining rooms and

other locations within or adjacent to a hotel that are owned or

managed by a person other than the hotel operator and are

licensed by the local unit of government having jurisdiction

over the hotel to a person other than the hotel operator are

not considered part of the hotel's licensed premises for

purposes of this Act and, as such, must be maintained and

operated under separate retailer's licenses.

(Source: P.A. 82-783.)

(235 ILCS 5/3-14) (from Ch. 43, par. 109)

Sec. 3-14. Issuance of license by Commission. Nothing

contained in this Act shall, however, be construed to permit

the State Commission to issue any license, other than

manufacturer's, foreign importer's, importing distributor's,

non-resident dealer's, and distributor's, broker's and

non-beverage user's license for any premises in any prohibited

territory, or to issue any license other than manufacturer's,

foreign importer's, importing distributor's, non-resident

dealer's, distributor's, railroad's, airplane's, boat's, or

broker's license, auction liquor license, or non-beverage

user's license, unless the person applying for such license

shall have obtained a local license for the same premises. For

purposes of this Section and only in regards to a hotel, the

local license issued for the same premises may include multiple

local licenses issued to a hotel operator for various portions

of the hotel building, structure, or adjacent property owned

and managed by the hotel operator in which alcoholic liquors

may be stored, offered for sale, and sold; however, all of

those portions of the hotel building, structure, or adjacent

property shall be considered the hotel premises for purposes of

the issuance of a retailer's license by the State Commission.

When such person has obtained a local license and has made

application to the State Commission in conformity with this Act

and paid the license fee provided, it shall be the duty of the

State Commission to issue a retailer's license to him;

provided, however, that the State Commission may refuse the

issuance or renewal of a retailer's license, upon notice and

after hearing, upon the grounds authorized in Section 6-3 of

this Act, and, provided further, that the issuance of such

license shall not prejudice the State Commission's action in

subsequently suspending or revoking such license if it is

determined by the State Commission, upon notice and after

hearing, that the licensee has, within the same or the

preceding license period, violated any provision of this Act or

any rule or regulation issued pursuant thereto and in effect

for 30 days prior to such violation. The Commission may also

refuse to renew a license if the licensee has failed to pay an

offer in compromise, pre-disciplinary settlement, or a fine

imposed by order.

(Source: P.A. 89-250, eff. 1-1-96.)

(235 ILCS 5/4-1) (from Ch. 43, par. 110)

Sec. 4-1. In every city, village or incorporated town, the

city council or president and board of trustees, and in

counties in respect of territory outside the limits of any such

city, village or incorporated town the county board shall have

the power by general ordinance or resolution to determine the

number, kind and classification of licenses, for sale at retail

of alcoholic liquor not inconsistent with this Act and the

amount of the local licensee fees to be paid for the various

kinds of licenses to be issued in their political subdivision,

except those issued to the specific non-beverage users exempt

from payment of license fees under Section 5-3 which shall be

issued without payment of any local license fees, and the

manner of distribution of such fees after their collection; to

regulate or prohibit the presence of persons under the age of

21 on the premises of licensed retail establishments of various

kinds and classifications where alcoholic liquor is drawn,

poured, mixed or otherwise served for consumption on the

premises; to prohibit any minor from drawing, pouring, or

mixing any alcoholic liquor as an employee of any retail

licensee; and to prohibit any minor from at any time attending

any bar and from drawing, pouring or mixing any alcoholic

liquor in any licensed retail premises; and to establish such

further regulations and restrictions upon the issuance of and

operations under local licenses not inconsistent with law as

the public good and convenience may require; and to provide

penalties for the violation of regulations and restrictions,

including those made by county boards, relative to operation

under local licenses; provided, however, that in the exercise

of any of the powers granted in this section, the issuance of

such licenses shall not be prohibited except for reasons

specifically enumerated in Sections 6-2, 6-11, 6-12 and 6-25 of

this Act.

However, in any municipality with a population exceeding

1,000,000 that has adopted the form of government authorized

under "An Act concerning cities, villages, and incorporated

towns, and to repeal certain Acts herein named", approved

August 15, 1941, as amended, no person shall be granted any

license or privilege to sell alcoholic liquors between the

hours of two o'clock a.m. and seven o'clock a.m. on week days

nor between the hours of three o'clock a.m. and twelve o'clock

noon on Sundays unless such person has given at least 14 days

prior written notice to the alderman of the ward in which such

person's licensed premises are located stating his intention to

make application for such license or privilege and unless

evidence confirming service of such written notice is included

in such application. Any license or privilege granted in

violation of this paragraph shall be null and void.

(Source: P.A. 85-156.)

(235 ILCS 5/6-11)

Sec. 6-11. Sale near churches, schools, and hospitals.

(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; nor to the renewal

of a license for the sale at retail of alcoholic liquor on

premises within 100 feet of any church or school where the

church or school has been established within such 100 feet

since the issuance of the original license. In the case of a

church, the distance of 100 feet shall be measured to the

nearest part of any building used for worship services or

educational programs and not to property boundaries.

(a-5) Notwithstanding any provision of this Section to the

contrary, a local liquor control commissioner may grant an

exemption to the prohibition in subsection (a) of this Section

if a local rule or ordinance authorizes the local liquor

control commissioner to grant that exemption.

(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.

(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.

(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

alcoholic liquors is not the principal business carried on by

the licensee.

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.

(e) Nothing in this Section shall prohibit the issuance of

a license to a church or private school to sell at retail

alcoholic liquor if any such sales are limited to periods when

groups are assembled on the premises solely for the promotion

of some common object other than the sale or consumption of

alcoholic liquors.

(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

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) 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) 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.

(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:

(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 southeast corner of the premises are at least

350 feet from the southwest corner of the school;

(3) the school was built in 1978;

(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.

(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:

(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.

(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:

(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;

(2) the shortest distance between the premises lot line

and the exterior wall of the church is at least 80 feet;

(3) the church was established at the current location

in 1916 and the present structure was erected in 1925;

(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;

(5) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(6) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises; 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.

(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:

(1) the school is a City of Chicago School District 299

school;

(2) the school is located within subarea E of City of

Chicago Residential Business Planned Development Number

70;

(3) the sale of alcoholic liquor is not the principal

business carried on by the licensee on the premises;

(4) the sale of alcoholic liquor at the premises is

incidental to the sale of food; and

(5) the administration of City of Chicago School

District 299 has expressed, in writing, its support for the

issuance of the license.

(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:

(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 is located on a street that runs

perpendicular to the street on which the church is located;

(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 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

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

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

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

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

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

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;

(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

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

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

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;

(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

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;

(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

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

(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

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).

(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

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

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

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

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

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

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;

(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

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;

(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

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

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

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

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;

(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

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

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.

(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.

(Source: P.A. 97-9, eff. 6-14-11; 97-12, eff. 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 5/6-22.5 new)

Sec. 6-22.5. Infusions.

(a) For purposes of this Section, "infusion" means a spirit

where ingredients, including, but not limited to, fruits,

spices, or nuts, are added to naturally infuse flavor into the

spirit.

(b) A retail licensee that is preparing an infusion for

consumption on the premises shall comply with the following

requirements:

(1) the infusion shall be mixed and stored on the

premises of the licensee;

(2) the container that the infusion is stored in must

have a lid and be in sanitary condition;

(3) the infusion shall not be aged for more than 14

days;

(4) the infusion must be used or destroyed within 21

days after the end of the aging process;

(5) cleaning records for the container that the

infusion is stored in must be available for inspection by

agents of the State Commission; and

(6) the container that the infusion is stored in must

have a label affixed to the container that provides the

production date of the infusion, the base spirit of the

infusion, the date the infusion will finish the aging

process, and the date by which the infusion must be

destroyed.

(235 ILCS 5/6-27.1)

(This Section may contain text from a Public Act with a

delayed effective date)

Sec. 6-27.1. Responsible alcohol service server training.

(a) Unless issued a valid server training certificate

between July 1, 2012 and July 1, 2015 by a certified Beverage

Alcohol Sellers and Servers Education and Training (BASSET)

trainer, all alcohol servers in Cook County are required to

obtain and complete training in basic responsible alcohol

service as outlined in 77 Ill. Adm. Code 3500, as those

provisions exist on July 1, 2015 (the effective date of Public

Act 98-939), by July 1, 2015 or within 120 days after the

alcohol server begins his or her employment, whichever is

later. All alcohol servers in a county, other than Cook County,

with a population of 200,000 inhabitants or more are required

to obtain and complete training in basic responsible alcohol

service as outlined in 77 Ill. Adm. Code 3500, as those

provisions exist on July 1, 2015 (the effective date of Public

Act 98-939), by July 1, 2016 or within 120 days after the

alcohol server begins his or her employment, whichever is

later. All alcohol servers in a county with a population of

more than 30,000 inhabitants and less than 200,000 inhabitants

are required to obtain and complete training in basic

responsible alcohol service as outlined in 77 Ill. Adm. Code

3500, as those provisions exist on July 1, 2015 (the effective

date of Public Act 98-939), by July 1, 2017 or within 120 days

after the alcohol server begins his or her employment,

whichever is later. All alcohol servers in counties with a

population of 30,000 inhabitants or less are required to obtain

and complete training in basic responsible alcohol service as

outlined in 77 Ill. Adm. Code 3500, as those provisions exist

on July 1, 2015 (the effective date of Public Act 98-939), by

July 1, 2018 or within 120 days after the alcohol server begins

his or her employment, whichever is later.

There is no limit to the amount of times a server may take

the training. A certificate of training belongs to the server,

and a server may transfer a certificate of training to a

different employer, but shall not transfer a certificate of

training to another server. Proof that an alcohol server has

been trained must be available upon reasonable request by State

law enforcement officials. For the purpose of this Section,

"alcohol servers" means persons who sell or serve open

containers of alcoholic beverages at retail and anyone whose

job description entails the checking of identification for the

purchase of open containers of alcoholic beverages at retail or

for entry into the licensed premises. The definition does not

include (i) a distributor or importing distributor conducting

product sampling as authorized in Section 6-31 of this Act or a

registered tasting representative, as provided in 11 Ill. Adm.

Code 100.40, conducting a tasting, as defined in 11 Ill. Adm.

Code 100.10; (ii) a volunteer serving alcoholic beverages at a

charitable function; or (iii) an instructor engaged in training

or educating on the proper technique for using a system that

dispenses alcoholic beverages.

(b) Responsible alcohol service training must cover and

assess knowledge of the topics noted in 77 Ill. Adm. Code

3500.155.

(c) Beginning on the effective date of this amendatory Act

of the 98th General Assembly, but no later than October 1,

2015, all existing BASSET trainers who are already BASSET

certified as of the effective date of this amendatory Act of

the 98th General Assembly shall be recertified by the State

Commission and be required to comply with the conditions for

server training set forth in this amendatory Act of the 98th

General Assembly.

(d) Training modules and certificate program plans must be

approved by the State Commission. All documents, materials, or

information related to responsible alcohol service training

program approval that are submitted to the State Commission are

confidential and shall not be open to public inspection or

dissemination and are exempt from disclosure.

The State Commission shall only approve programs that meet

the following criteria:

(1) the training course covers the content specified in

77 Ill. Adm. Code 3500.155;

(2) if the training course is classroom-based, the

classroom training is at least 4 hours, is available in

English and Spanish, and includes a test;

(3) if the training course is online or computer-based,

the course is designed in a way that ensures that no

content can be skipped, is interactive, has audio for

content for servers that have a disability, and includes a

test;

(4) training and testing is based on a job task

analysis that clearly identifies and focuses on the

knowledge, skills, and abilities needed to responsibly

serve alcoholic beverages and is developed using best

practices in instructional design and exam development to

ensure that the program is fair and legally defensible;

(5) training and testing is conducted by any means

available, including, but not limited to, online,

computer, classroom, or live trainers; and

(6) the program must provide access on a

24-hour-per-day, 7-days-per-week basis for certificate

verification for State Commission, State law enforcement

officials, and employers to be able to verify certificate

authenticity.

(e) Nothing in subsection (d) of this Section shall be

construed to require a program to use a test administrator or

proctor.

(f) A certificate issued from a BASSET-licensed training

program shall be accepted as meeting the training requirements

for all server license and permit laws and ordinances in the

State.

(g) A responsible alcohol service training certificate

from a BASSET-licensed program shall be valid for 3 years.

(h) The provisions of this Section shall apply beginning

July 1, 2015. From July 1, 2015 through December 31, 2015,

enforcement of the provisions of this Section shall be limited

to education and notification of the requirements to encourage

compliance.

(i) The provisions of this Section do not apply to a

special event retailer.

(Source: P.A. 98-939, eff. 7-1-15.)

(235 ILCS 5/6-27.5 new)

Sec. 6-27.5. Mandatory schedule of prices. All retail

licensees shall maintain a schedule of the prices charged for

all drinks of alcoholic liquor to be served and consumed on the

licensed premises or in any room or part thereof. Whenever a

hotel or multi-use establishment which holds a valid retailer's

license operates on its premises more than one establishment at

which drinks of alcoholic liquor are sold at retail, the hotel

or multi-use establishment shall maintain at each such

establishment a separate schedule of the prices charged for

such drinks at that establishment.

(235 ILCS 5/6-28) (from Ch. 43, par. 144d)

Sec. 6-28. Prohibited happy hours Happy hours prohibited.

(a) (Blank). All retail licensees shall maintain a schedule

of the prices charged for all drinks of alcoholic liquor to be

served and consumed on the licensed premises or in any room or

part thereof. Whenever a hotel or multi-use establishment which

holds a valid retailer's license operates on its premises more

than one establishment at which drinks of alcoholic liquor are

sold at retail, the hotel or multi-use establishment shall

maintain at each such establishment a separate schedule of the

prices charged for such drinks at that establishment.

(b) No retail licensee or employee or agent of such

licensee shall:

(1) sell more than one drink of alcoholic liquor for

the price of one drink of alcoholic liquor serve 2 or more

drinks of alcoholic liquor at one time to one person for

consumption by that one person, except conducting product

sampling pursuant to Section 6-31 or selling or delivering

wine by the bottle or carafe;

(2) sell, offer to sell or serve to any person an

unlimited number of drinks of alcoholic liquor during any

set period of time for a fixed price, except at private

functions not open to the general public or as provided in

Section 6-28.5 of this Act;

(3) (blank) sell, offer to sell or serve any drink of

alcoholic liquor to any person on any one date at a reduced

price other than that charged other purchasers of drinks on

that day where such reduced price is a promotion to

encourage consumption of alcoholic liquor, except as

authorized in paragraph (7) of subsection (c);

(4) increase the volume of alcoholic liquor contained

in a drink, or the size of a drink of alcoholic liquor,

without increasing proportionately the price regularly

charged for the drink on that day;

(5) encourage or permit, on the licensed premises, any

game or contest which involves drinking alcoholic liquor or

the awarding of drinks of alcoholic liquor as prizes for

such game or contest on the licensed premises; or

(6) advertise or promote in any way, whether on or off

the licensed premises, any of the practices prohibited

under paragraphs (1) through (5).

(c) (Blank). Nothing in subsection (b) shall be construed

to prohibit a licensee from:

(1) offering free food or entertainment at any time;

(2) including drinks of alcoholic liquor as part of a

meal package;

(3) including drinks of alcoholic liquor as part of a

hotel package;

(4) negotiating drinks of alcoholic liquor as part of a

contract between a hotel or multi-use establishment and

another group for the holding of any function, meeting,

convention or trade show;

(5) providing room service to persons renting rooms at

a hotel;

(6) selling pitchers (or the equivalent, including but

not limited to buckets), carafes, or bottles of alcoholic

liquor which are customarily sold in such manner, or

selling bottles of spirits, and delivered to 2 or more

persons at one time;

(7) increasing prices of drinks of alcoholic liquor in

lieu of, in whole or in part, a cover charge to offset the

cost of special entertainment not regularly scheduled; or

(8) including drinks of alcoholic liquor as part of an

entertainment package where the licensee is separately

licensed by a municipal ordinance that (A) restricts dates

of operation to dates during which there is an event at an

adjacent stadium, (B) restricts hours of serving alcoholic

liquor to 2 hours before the event and one hour after the

event, (C) restricts alcoholic liquor sales to beer and

wine, (D) requires tickets for admission to the

establishment, and (E) prohibits sale of admission tickets

on the day of an event and permits the sale of admission

tickets for single events only.

(d) A violation of this Section Act shall be grounds for

suspension or revocation of the retailer's license as provided

by this Act. The State Commission may not enforce any trade

practice policy or other rule that was not adopted in

accordance with the Illinois Administrative Procedure Act.

(Source: P.A. 98-571, eff. 8-27-13.)

(235 ILCS 5/6-28.5 new)

Sec. 6-28.5. Permitted happy hours and meal packages, party

packages, and entertainment packages.

(a) As used in this Section:

"Dedicated event space" means a room or rooms or other

clearly delineated space within a retail licensee's premises

that is reserved for the exclusive use of party package

invitees during the entirety of a party package. Furniture,

stanchions and ropes, or other room dividers may be used to

clearly delineate a dedicated event space.

"Meal package" means a food and beverage package, which may

or may not include entertainment, where the service of

alcoholic liquor is an accompaniment to the food, including,

but not limited to, a meal, tour, tasting, or any combination

thereof for a fixed price by a retail licensee or any other

licensee operating within a sports facility, restaurant,

winery, brewery, or distillery.

"Party package" means a private party, function, or event

for a specific social or business occasion, either arranged by

invitation or reservation for a defined number of individuals,

that is not open to the general public and where attendees are

served both food and alcohol for a fixed price in a dedicated

event space.

(b) A retail licensee may:

(1) offer free food or entertainment at any time;

(2) include drinks of alcoholic liquor as part of a

meal package;

(3) sell or offer for sale a party package only if the

retail licensee:

(A) offers food in the dedicated event space;

(B) limits the party package to no more than 3

hours;

(C) distributes wristbands, lanyards, shirts, or

any other such wearable items to identify party package

attendees so the attendees may be granted access to the

dedicated event space; and

(D) excludes individuals not participating in the

party package from the dedicated event space;

(4) include drinks of alcoholic liquor as part of a

hotel package;

(5) negotiate drinks of alcoholic liquor as part of a

hotel package;

(6) provide room service to persons renting rooms at a

hotel;

(7) sell pitchers (or the equivalent, including, but

not limited to, buckets of bottled beer), carafes, or

bottles of alcoholic liquor which are customarily sold in

such manner, or sell bottles of spirits;

(8) advertise events permitted under this Section;

(9) include drinks of alcoholic liquor as part of an

entertainment package where the licensee is separately

licensed by a municipal ordinance that (A) restricts dates

of operation to dates during which there is an event at an

adjacent stadium, (B) restricts hours of serving alcoholic

liquor to 2 hours before the event and one hour after the

event, (C) restricts alcoholic liquor sales to beer and

wine, (D) requires tickets for admission to the

establishment, and (E) prohibits sale of admission tickets

on the day of an event and permits the sale of admission

tickets for single events only; and

(10) discount any drink of alcoholic liquor during a

specified time period only if:

(A) the price of the drink of alcoholic liquor is

not changed during the time that it is discounted;

(B) the period of time during which any drink of

alcoholic liquor is discounted does not exceed 4 hours

per day and 15 hours per week; however, this period of

time is not required to be consecutive and may be

divided by the licensee in any manner;

(C) the drink of alcoholic liquor is not discounted

between the hours of 10:00 p.m. and the licensed

premises' closing hour; and

(D) notice of the discount of the drink of

alcoholic liquor during a specified time is posted on

the licensed premises or on the licensee's publicly

available website at least 7 days prior to the

specified time.

(b) A violation of this Section shall be grounds for

suspension or revocation of the retailer's license as provided

by this Act. The State Commission may not enforce any trade

practice policy or other rule that was not adopted in

accordance with the Illinois Administrative Procedure Act.

(c) All licensees affected by this Section must also comply

with Sections 6-16, 6-21, and 6-27.1 of this Act.

(235 ILCS 5/6-31)

Sec. 6-31. Product sampling.

(a) Retailer, distributor, importing distributor,

manufacturer and nonresident dealer licensees may conduct

product sampling for consumption at a licensed retail location.

Up to 3 samples, consisting of no more than (i) 1/4 ounce of

distilled spirits, (ii) one ounce of wine, or (iii) 2 ounces of

beer may be served to a consumer in one day.

(b) Notwithstanding the provisions of subsection (a), an

on-premises retail licensee may offer for sale and serve more

than one drink per person for sampling purposes without

violating paragraph (1) of subsection (b) of Section 6-28 or

paragraph (6) of subsection (c) of Section 6-28 of this Act,

provided the total quantity of the sampling package, regardless

of the number of containers in which the alcoholic liquor is

being served, does not exceed 1 ounce of distilled spirits, 4

ounces of wine, or 16 ounces of beer. In any event, all

provisions of Section 6-28 shall apply to an on-premises retail

licensee that conducts product sampling.

(Source: P.A. 90-432, eff. 1-1-98; 90-626, eff. 1-1-99.)

(235 ILCS 5/6-14 rep.)

Section 10. The Liquor Control Act of 1934 is amended by

repealing Section 6-14.

Section 95. No acceleration or delay. Where this Act makes

changes in a statute that is represented in this Act by text

that is not yet or no longer in effect (for example, a Section

represented by multiple versions), the use of that text does

not accelerate or delay the taking effect of (i) the changes

made by this Act or (ii) provisions derived from any other

Public Act.

Section 99. Effective date. This Act takes effect upon

becoming law.