SB0398 Enrolled LRB099 03227 RPS 23235 b
1		AN ACT concerning liquor.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Liquor Control Act of 1934 is amended by
5		changing Sections 1-2, 1-3.25, 3-14, 4-1, 6-11, 6-27.1, 6-28,
6		and 6-31 and by adding Sections 6-22.5, 6-27.5, and 6-28.5 as
7		follows:
8		(235 ILCS 5/1-2) (from Ch. 43, par. 94)
9		Sec. 1-2. This Act shall be liberally construed, to the end
10		that the health, safety, and welfare of the People of the State
11		of Illinois shall be protected and temperance in the
12		consumption of alcoholic liquors shall be fostered and promoted
13		by sound and careful control and regulation of the manufacture,
14		sale, and distribution of alcoholic liquors. The State
15		Commission may not enforce any trade practice policy or other
16		rule that was not adopted in accordance with the Illinois
17		Administrative Procedure Act.
18		(Source: P.A. 82-783.)
19		(235 ILCS 5/1-3.25) (from Ch. 43, par. 95.25)
20		Sec. 1-3.25. "Hotel" means every building or other
21		structure kept, used, maintained, advertised and held out to
22		the public to be a place where food is actually served and

SB0398 Enrolled - 2 - LRB099 03227 RPS 23235 b
1		consumed and sleeping accommodations are offered for adequate
2		pay to travelers and guests, whether transient, permanent or
3		residential, in which twenty-five (25) or more rooms are used
4		for the sleeping accommodations of such guests and having one
5		or more public dining rooms where meals are served to such
6		guests, such sleeping accommodations and dining rooms being
7		conducted in the same building or buildings in connection
8		therewith and such building or buildings, structure or
9		structures being provided with adequate and sanitary kitchen
10		and dining room equipment and capacity. All public dining
11		rooms, banquet rooms, meeting rooms, room service areas,
12		mini-bars, and other locations within or adjacent to a hotel in
13		which alcoholic liquors are stored, offered for sale, or sold
14		at retail shall be considered part of the hotel's licensed
15		premises if those locations within or adjacent to the hotel are
16		owned and managed by the hotel operator. As part of the hotel's
17		licensed premises, each and all of those locations within or
18		adjacent to the hotel shall be maintained and managed pursuant
19		to a single retailer's license issued by the State Commission
20		to the hotel operator, regardless of the number of local
21		retailer licenses mandated by the local unit of government
22		having jurisdiction over the hotel. Public dining rooms and
23		other locations within or adjacent to a hotel that are owned or
24		managed by a person other than the hotel operator and are
25		licensed by the local unit of government having jurisdiction
26		over the hotel to a person other than the hotel operator are

SB0398 Enrolled - 3 - LRB099 03227 RPS 23235 b
1		not considered part of the hotel's licensed premises for
2		purposes of this Act and, as such, must be maintained and
3		operated under separate retailer's licenses.
4		(Source: P.A. 82-783.)
5		(235 ILCS 5/3-14) (from Ch. 43, par. 109)
6		Sec. 3-14. Issuance of license by Commission. Nothing
7		contained in this Act shall, however, be construed to permit
8		the State Commission to issue any license, other than
9		manufacturer's, foreign importer's, importing distributor's,
10		non-resident dealer's, and distributor's, broker's and
11		non-beverage user's license for any premises in any prohibited
12		territory, or to issue any license other than manufacturer's,
13		foreign importer's, importing distributor's, non-resident
14		dealer's, distributor's, railroad's, airplane's, boat's, or
15		broker's license, auction liquor license, or non-beverage
16		user's license, unless the person applying for such license
17		shall have obtained a local license for the same premises. For
18		purposes of this Section and only in regards to a hotel, the
19		local license issued for the same premises may include multiple
20		local licenses issued to a hotel operator for various portions
21		of the hotel building, structure, or adjacent property owned
22		and managed by the hotel operator in which alcoholic liquors
23		may be stored, offered for sale, and sold; however, all of
24		those portions of the hotel building, structure, or adjacent
25		property shall be considered the hotel premises for purposes of

SB0398 Enrolled - 4 - LRB099 03227 RPS 23235 b
1		the issuance of a retailer's license by the State Commission.
2		When such person has obtained a local license and has made
3		application to the State Commission in conformity with this Act
4		and paid the license fee provided, it shall be the duty of the
5		State Commission to issue a retailer's license to him;
6		provided, however, that the State Commission may refuse the
7		issuance or renewal of a retailer's license, upon notice and
8		after hearing, upon the grounds authorized in Section 6-3 of
9		this Act, and, provided further, that the issuance of such
10		license shall not prejudice the State Commission's action in
11		subsequently suspending or revoking such license if it is
12		determined by the State Commission, upon notice and after
13		hearing, that the licensee has, within the same or the
14		preceding license period, violated any provision of this Act or
15		any rule or regulation issued pursuant thereto and in effect
16		for 30 days prior to such violation. The Commission may also
17		refuse to renew a license if the licensee has failed to pay an
18		offer in compromise, pre-disciplinary settlement, or a fine
19		imposed by order.
20		(Source: P.A. 89-250, eff. 1-1-96.)
21		(235 ILCS 5/4-1) (from Ch. 43, par. 110)
22		Sec. 4-1. In every city, village or incorporated town, the
23		city council or president and board of trustees, and in
24		counties in respect of territory outside the limits of any such
25		city, village or incorporated town the county board shall have

SB0398 Enrolled - 5 - LRB099 03227 RPS 23235 b
1		the power by general ordinance or resolution to determine the
2		number, kind and classification of licenses, for sale at retail
3		of alcoholic liquor not inconsistent with this Act and the
4		amount of the local licensee fees to be paid for the various
5		kinds of licenses to be issued in their political subdivision,
6		except those issued to the specific non-beverage users exempt
7		from payment of license fees under Section 5-3 which shall be
8		issued without payment of any local license fees, and the
9		manner of distribution of such fees after their collection; to
10		regulate or prohibit the presence of persons under the age of
11		21 on the premises of licensed retail establishments of various
12		kinds and classifications where alcoholic liquor is drawn,
13		poured, mixed or otherwise served for consumption on the
14		premises; to prohibit any minor from drawing, pouring, or
15		mixing any alcoholic liquor as an employee of any retail
16		licensee; and to prohibit any minor from at any time attending
17		any bar and from drawing, pouring or mixing any alcoholic
18		liquor in any licensed retail premises; and to establish such
19		further regulations and restrictions upon the issuance of and
20		operations under local licenses not inconsistent with law as
21		the public good and convenience may require; and to provide
22		penalties for the violation of regulations and restrictions,
23		including those made by county boards, relative to operation
24		under local licenses; provided, however, that in the exercise
25		of any of the powers granted in this section, the issuance of
26		such licenses shall not be prohibited except for reasons

SB0398 Enrolled - 6 - LRB099 03227 RPS 23235 b
1		specifically enumerated in Sections 6-2, 6-11, 6-12 and 6-25 of
2		this Act.
3		However, in any municipality with a population exceeding
4		1,000,000 that has adopted the form of government authorized
5		under "An Act concerning cities, villages, and incorporated
6		towns, and to repeal certain Acts herein named", approved
7		August 15, 1941, as amended, no person shall be granted any
8		license or privilege to sell alcoholic liquors between the
9		hours of two o'clock a.m. and seven o'clock a.m. on week days
10		nor between the hours of three o'clock a.m. and twelve o'clock
11		noon on Sundays unless such person has given at least 14 days
12		prior written notice to the alderman of the ward in which such
13		person's licensed premises are located stating his intention to
14		make application for such license or privilege and unless
15		evidence confirming service of such written notice is included
16		in such application. Any license or privilege granted in
17		violation of this paragraph shall be null and void.
18		(Source: P.A. 85-156.)
19		(235 ILCS 5/6-11)
20		Sec. 6-11. Sale near churches, schools, and hospitals.
21		(a) No license shall be issued for the sale at retail of
22		any alcoholic liquor within 100 feet of any church, school
23		other than an institution of higher learning, hospital, home
24		for aged or indigent persons or for veterans, their spouses or
25		children or any military or naval station, provided, that this

SB0398 Enrolled - 7 - LRB099 03227 RPS 23235 b
1		prohibition shall not apply to hotels offering restaurant
2		service, regularly organized clubs, or to restaurants, food
3		shops or other places where sale of alcoholic liquors is not
4		the principal business carried on if the place of business so
5		exempted is not located in a municipality of more than 500,000
6		persons, unless required by local ordinance; nor to the renewal
7		of a license for the sale at retail of alcoholic liquor on
8		premises within 100 feet of any church or school where the
9		church or school has been established within such 100 feet
10		since the issuance of the original license. In the case of a
11		church, the distance of 100 feet shall be measured to the
12		nearest part of any building used for worship services or
13		educational programs and not to property boundaries.
14		(a-5) Notwithstanding any provision of this Section to the
15		contrary, a local liquor control commissioner may grant an
16		exemption to the prohibition in subsection (a) of this Section
17		if a local rule or ordinance authorizes the local liquor
18		control commissioner to grant that exemption.
19		(b) Nothing in this Section shall prohibit the issuance of
20		a retail license authorizing the sale of alcoholic liquor to a
21		restaurant, the primary business of which is the sale of goods
22		baked on the premises if (i) the restaurant is newly
23		constructed and located on a lot of not less than 10,000 square
24		feet, (ii) the restaurant costs at least $1,000,000 to
25		construct, (iii) the licensee is the titleholder to the
26		premises and resides on the premises, and (iv) the construction

SB0398 Enrolled - 8 - LRB099 03227 RPS 23235 b
1		of the restaurant is completed within 18 months of the
2		effective date of this amendatory Act of 1998.
3		(c) Nothing in this Section shall prohibit the issuance of
4		a retail license authorizing the sale of alcoholic liquor
5		incidental to a restaurant if (1) the primary business of the
6		restaurant consists of the sale of food where the sale of
7		liquor is incidental to the sale of food and the applicant is a
8		completely new owner of the restaurant, (2) the immediately
9		prior owner or operator of the premises where the restaurant is
10		located operated the premises as a restaurant and held a valid
11		retail license authorizing the sale of alcoholic liquor at the
12		restaurant for at least part of the 24 months before the change
13		of ownership, and (3) the restaurant is located 75 or more feet
14		from a school.
15		(d) In the interest of further developing Illinois' economy
16		in the area of commerce, tourism, convention, and banquet
17		business, nothing in this Section shall prohibit issuance of a
18		retail license authorizing the sale of alcoholic beverages to a
19		restaurant, banquet facility, grocery store, or hotel having
20		not fewer than 150 guest room accommodations located in a
21		municipality of more than 500,000 persons, notwithstanding the
22		proximity of such hotel, restaurant, banquet facility, or
23		grocery store to any church or school, if the licensed premises
24		described on the license are located within an enclosed mall or
25		building of a height of at least 6 stories, or 60 feet in the
26		case of a building that has been registered as a national

SB0398 Enrolled - 9 - LRB099 03227 RPS 23235 b
1		landmark, or in a grocery store having a minimum of 56,010
2		square feet of floor space in a single story building in an
3		open mall of at least 3.96 acres that is adjacent to a public
4		school that opened as a boys technical high school in 1934, or
5		in a grocery store having a minimum of 31,000 square feet of
6		floor space in a single story building located a distance of
7		more than 90 feet but less than 100 feet from a high school
8		that opened in 1928 as a junior high school and became a senior
9		high school in 1933, and in each of these cases if the sale of
10		alcoholic liquors is not the principal business carried on by
11		the licensee.
12		For purposes of this Section, a "banquet facility" is any
13		part of a building that caters to private parties and where the
14		sale of alcoholic liquors is not the principal business.
15		(e) Nothing in this Section shall prohibit the issuance of
16		a license to a church or private school to sell at retail
17		alcoholic liquor if any such sales are limited to periods when
18		groups are assembled on the premises solely for the promotion
19		of some common object other than the sale or consumption of
20		alcoholic liquors.
21		(f) Nothing in this Section shall prohibit a church or
22		church affiliated school located in a home rule municipality or
23		in a municipality with 75,000 or more inhabitants from locating
24		within 100 feet of a property for which there is a preexisting
25		license to sell alcoholic liquor at retail. In these instances,
26		the local zoning authority may, by ordinance adopted

SB0398 Enrolled - 10 - LRB099 03227 RPS 23235 b
1		simultaneously with the granting of an initial special use
2		zoning permit for the church or church affiliated school,
3		provide that the 100-foot restriction in this Section shall not
4		apply to that church or church affiliated school and future
5		retail liquor licenses.
6		(g) Nothing in this Section shall prohibit the issuance of
7		a retail license authorizing the sale of alcoholic liquor at
8		premises within 100 feet, but not less than 90 feet, of a
9		public school if (1) the premises have been continuously
10		licensed to sell alcoholic liquor for a period of at least 50
11		years, (2) the premises are located in a municipality having a
12		population of over 500,000 inhabitants, (3) the licensee is an
13		individual who is a member of a family that has held the
14		previous 3 licenses for that location for more than 25 years,
15		(4) the principal of the school and the alderman of the ward in
16		which the school is located have delivered a written statement
17		to the local liquor control commissioner stating that they do
18		not object to the issuance of a license under this subsection
19		(g), and (5) the local liquor control commissioner has received
20		the written consent of a majority of the registered voters who
21		live within 200 feet of the premises.
22		(h) Notwithstanding any provision of this Section to the
23		contrary, nothing in this Section shall prohibit the issuance
24		or renewal of a license authorizing the sale of alcoholic
25		liquor within premises and at an outdoor patio area attached to
26		premises that are located in a municipality with a population

SB0398 Enrolled - 11 - LRB099 03227 RPS 23235 b
1		in excess of 300,000 inhabitants and that are within 100 feet
2		of a church if:
3		(1) the sale of alcoholic liquor at the premises is
4		incidental to the sale of food,
5		(2) the sale of liquor is not the principal business
6		carried on by the licensee at the premises,
7		(3) the premises are less than 1,000 square feet,
8		(4) the premises are owned by the University of
9		Illinois,
10		(5) the premises are immediately adjacent to property
11		owned by a church and are not less than 20 nor more than 40
12		feet from the church space used for worship services, and
13		(6) the principal religious leader at the place of
14		worship has indicated his or her support for the issuance
15		of the license in writing.
16		(i) Notwithstanding any provision in this Section to the
17		contrary, nothing in this Section shall prohibit the issuance
18		or renewal of a license to sell alcoholic liquor at a premises
19		that is located within a municipality with a population in
20		excess of 300,000 inhabitants and is within 100 feet of a
21		church, synagogue, or other place of worship if:
22		(1) the primary entrance of the premises and the
23		primary entrance of the church, synagogue, or other place
24		of worship are at least 100 feet apart, on parallel
25		streets, and separated by an alley; and
26		(2) the principal religious leader at the place of

SB0398 Enrolled - 12 - LRB099 03227 RPS 23235 b
1		worship has not indicated his or her opposition to the
2		issuance or renewal of the license in writing.
3		(j) Notwithstanding any provision in this Section to the
4		contrary, nothing in this Section shall prohibit the issuance
5		of a retail license authorizing the sale of alcoholic liquor at
6		a theater that is within 100 feet of a church if (1) the church
7		owns the theater, (2) the church leases the theater to one or
8		more entities, and (3) the theater is used by at least 5
9		different not-for-profit theater groups.
10		(k) Notwithstanding any provision in this Section to the
11		contrary, nothing in this Section shall prohibit the issuance
12		or renewal of a license authorizing the sale of alcoholic
13		liquor at a premises that is located within a municipality with
14		a population in excess of 1,000,000 inhabitants and is within
15		100 feet of a school if:
16		(1) the primary entrance of the premises and the
17		primary entrance of the school are parallel, on different
18		streets, and separated by an alley;
19		(2) the southeast corner of the premises are at least
20		350 feet from the southwest corner of the school;
21		(3) the school was built in 1978;
22		(4) the sale of alcoholic liquor at the premises is
23		incidental to the sale of food;
24		(5) the sale of alcoholic liquor is not the principal
25		business carried on by the licensee at the premises;
26		(6) the applicant is the owner of the restaurant and

SB0398 Enrolled - 13 - LRB099 03227 RPS 23235 b
1		has held a valid license authorizing the sale of alcoholic
2		liquor for the business to be conducted on the premises at
3		a different location for more than 7 years; and
4		(7) the premises is at least 2,300 square feet and sits
5		on a lot that is between 6,100 and 6,150 square feet.
6		(l) Notwithstanding any provision in this Section to the
7		contrary, nothing in this Section shall prohibit the issuance
8		or renewal of a license authorizing the sale of alcoholic
9		liquor at a premises that is located within a municipality with
10		a population in excess of 1,000,000 inhabitants and is within
11		100 feet of a church or school if:
12		(1) the primary entrance of the premises and the
13		closest entrance of the church or school is at least 90
14		feet apart and no greater than 95 feet apart;
15		(2) the shortest distance between the premises and the
16		church or school is at least 80 feet apart and no greater
17		than 85 feet apart;
18		(3) the applicant is the owner of the restaurant and on
19		November 15, 2006 held a valid license authorizing the sale
20		of alcoholic liquor for the business to be conducted on the
21		premises for at least 14 different locations;
22		(4) the sale of alcoholic liquor at the premises is
23		incidental to the sale of food;
24		(5) the sale of alcoholic liquor is not the principal
25		business carried on by the licensee at the premises;
26		(6) the premises is at least 3,200 square feet and sits

SB0398 Enrolled - 14 - LRB099 03227 RPS 23235 b
1		on a lot that is between 7,150 and 7,200 square feet; and
2		(7) the principal religious leader at the place of
3		worship has not indicated his or her opposition to the
4		issuance or renewal of the license in writing.
5		(m) Notwithstanding any provision in this Section to the
6		contrary, nothing in this Section shall prohibit the issuance
7		or renewal of a license authorizing the sale of alcoholic
8		liquor at a premises that is located within a municipality with
9		a population in excess of 1,000,000 inhabitants and is within
10		100 feet of a church if:
11		(1) the premises and the church are perpendicular, and
12		the primary entrance of the premises faces South while the
13		primary entrance of the church faces West and the distance
14		between the two entrances is more than 100 feet;
15		(2) the shortest distance between the premises lot line
16		and the exterior wall of the church is at least 80 feet;
17		(3) the church was established at the current location
18		in 1916 and the present structure was erected in 1925;
19		(4) the premises is a single story, single use building
20		with at least 1,750 square feet and no more than 2,000
21		square feet;
22		(5) the sale of alcoholic liquor at the premises is
23		incidental to the sale of food;
24		(6) the sale of alcoholic liquor is not the principal
25		business carried on by the licensee at the premises; and
26		(7) the principal religious leader at the place of

SB0398 Enrolled - 15 - LRB099 03227 RPS 23235 b
1		worship has not indicated his or her opposition to the
2		issuance or renewal of the license in writing.
3		(n) Notwithstanding any provision in this Section to the
4		contrary, nothing in this Section shall prohibit the issuance
5		or renewal of a license authorizing the sale of alcoholic
6		liquor at a premises that is located within a municipality with
7		a population in excess of 1,000,000 inhabitants and is within
8		100 feet of a school if:
9		(1) the school is a City of Chicago School District 299
10		school;
11		(2) the school is located within subarea E of City of
12		Chicago Residential Business Planned Development Number
13		70;
14		(3) the sale of alcoholic liquor is not the principal
15		business carried on by the licensee on the premises;
16		(4) the sale of alcoholic liquor at the premises is
17		incidental to the sale of food; and
18		(5) the administration of City of Chicago School
19		District 299 has expressed, in writing, its support for the
20		issuance of the license.
21		(o) Notwithstanding any provision of this Section to the
22		contrary, nothing in this Section shall prohibit the issuance
23		or renewal of a retail license authorizing the sale of
24		alcoholic liquor at a premises that is located within a
25		municipality in excess of 1,000,000 inhabitants and within 100
26		feet of a church if:

SB0398 Enrolled - 16 - LRB099 03227 RPS 23235 b
1		(1) the sale of alcoholic liquor at the premises is
2		incidental to the sale of food;
3		(2) the sale of alcoholic liquor is not the principal
4		business carried on by the licensee at the premises;
5		(3) the premises is located on a street that runs
6		perpendicular to the street on which the church is located;
7		(4) the primary entrance of the premises is at least
8		100 feet from the primary entrance of the church;
9		(5) the shortest distance between any part of the
10		premises and any part of the church is at least 60 feet;
11		(6) the premises is between 3,600 and 4,000 square feet
12		and sits on a lot that is between 3,600 and 4,000 square
13		feet; and
14		(7) the premises was built in the year 1909.
15		For purposes of this subsection (o), "premises" means a
16		place of business together with a privately owned outdoor
17		location that is adjacent to the place of business.
18		(p) Notwithstanding any provision in this Section to the
19		contrary, nothing in this Section shall prohibit the issuance
20		or renewal of a license authorizing the sale of alcoholic
21		liquor at a premises that is located within a municipality with
22		a population in excess of 1,000,000 inhabitants and within 100
23		feet of a church if:
24		(1) the shortest distance between the backdoor of the
25		premises, which is used as an emergency exit, and the
26		church is at least 80 feet;

SB0398 Enrolled - 17 - LRB099 03227 RPS 23235 b
1		(2) the church was established at the current location
2		in 1889; and
3		(3) liquor has been sold on the premises since at least
4		1985.
5		(q) Notwithstanding any provision of this Section to the
6		contrary, nothing in this Section shall prohibit the issuance
7		or renewal of a license authorizing the sale of alcoholic
8		liquor within a premises that is located in a municipality with
9		a population in excess of 1,000,000 inhabitants and within 100
10		feet of a church-owned property if:
11		(1) the premises is located within a larger building
12		operated as a grocery store;
13		(2) the area of the premises does not exceed 720 square
14		feet and the area of the larger building exceeds 18,000
15		square feet;
16		(3) the larger building containing the premises is
17		within 100 feet of the nearest property line of a
18		church-owned property on which a church-affiliated school
19		is located;
20		(4) the sale of liquor is not the principal business
21		carried on within the larger building;
22		(5) the primary entrance of the larger building and the
23		premises and the primary entrance of the church-affiliated
24		school are on different, parallel streets, and the distance
25		between the 2 primary entrances is more than 100 feet;
26		(6) the larger building is separated from the

SB0398 Enrolled - 18 - LRB099 03227 RPS 23235 b
1		church-owned property and church-affiliated school by an
2		alley;
3		(7) the larger building containing the premises and the
4		church building front are on perpendicular streets and are
5		separated by a street; and
6		(8) (Blank).
7		(r) Notwithstanding any provision of this Section to the
8		contrary, nothing in this Section shall prohibit the issuance,
9		renewal, or maintenance of a license authorizing the sale of
10		alcoholic liquor incidental to the sale of food within a
11		restaurant established in a premises that is located in a
12		municipality with a population in excess of 1,000,000
13		inhabitants and within 100 feet of a church if:
14		(1) the primary entrance of the church and the primary
15		entrance of the restaurant are at least 100 feet apart;
16		(2) the restaurant has operated on the ground floor and
17		lower level of a multi-story, multi-use building for more
18		than 40 years;
19		(3) the primary business of the restaurant consists of
20		the sale of food where the sale of liquor is incidental to
21		the sale of food;
22		(4) the sale of alcoholic liquor is conducted primarily
23		in the below-grade level of the restaurant to which the
24		only public access is by a staircase located inside the
25		restaurant; and
26		(5) the restaurant has held a license authorizing the

SB0398 Enrolled - 19 - LRB099 03227 RPS 23235 b
1		sale of alcoholic liquor on the premises for more than 40
2		years.
3		(s) Notwithstanding any provision of this Section to the
4		contrary, nothing in this Section shall prohibit renewal of a
5		license authorizing the sale of alcoholic liquor at a premises
6		that is located within a municipality with a population more
7		than 5,000 and less than 10,000 and is within 100 feet of a
8		church if:
9		(1) the church was established at the location within
10		100 feet of the premises after a license for the sale of
11		alcoholic liquor at the premises was first issued;
12		(2) a license for sale of alcoholic liquor at the
13		premises was first issued before January 1, 2007; and
14		(3) a license for the sale of alcoholic liquor on the
15		premises has been continuously in effect since January 1,
16		2007, except for interruptions between licenses of no more
17		than 90 days.
18		(t) Notwithstanding any provision of this Section to the
19		contrary, nothing in this Section shall prohibit the issuance
20		or renewal of a license authorizing the sale of alcoholic
21		liquor incidental to the sale of food within a restaurant that
22		is established in a premises that is located in a municipality
23		with a population in excess of 1,000,000 inhabitants and within
24		100 feet of a school and a church if:
25		(1) the restaurant is located inside a five-story
26		building with over 16,800 square feet of commercial space;

SB0398 Enrolled - 20 - LRB099 03227 RPS 23235 b
1		(2) the area of the premises does not exceed 31,050
2		square feet;
3		(3) the area of the restaurant does not exceed 5,800
4		square feet;
5		(4) the building has no less than 78 condominium units;
6		(5) the construction of the building in which the
7		restaurant is located was completed in 2006;
8		(6) the building has 10 storefront properties, 3 of
9		which are used for the restaurant;
10		(7) the restaurant will open for business in 2010;
11		(8) the building is north of the school and separated
12		by an alley; and
13		(9) the principal religious leader of the church and
14		either the alderman of the ward in which the school is
15		located or the principal of the school have delivered a
16		written statement to the local liquor control commissioner
17		stating that he or she does not object to the issuance of a
18		license under this subsection (t).
19		(u) Notwithstanding any provision in this Section to the
20		contrary, nothing in this Section shall prohibit the issuance
21		or renewal of a license to sell alcoholic liquor at a premises
22		that is located within a municipality with a population in
23		excess of 1,000,000 inhabitants and within 100 feet of a school
24		if:
25		(1) the premises operates as a restaurant and has been
26		in operation since February 2008;

SB0398 Enrolled - 21 - LRB099 03227 RPS 23235 b
1		(2) the applicant is the owner of the premises;
2		(3) the sale of alcoholic liquor is incidental to the
3		sale of food;
4		(4) the sale of alcoholic liquor is not the principal
5		business carried on by the licensee on the premises;
6		(5) the premises occupy the first floor of a 3-story
7		building that is at least 90 years old;
8		(6) the rear lot of the school and the rear corner of
9		the building that the premises occupy are separated by an
10		alley;
11		(7) the distance from the southwest corner of the
12		property line of the school and the northeast corner of the
13		building that the premises occupy is at least 16 feet, 5
14		inches;
15		(8) the distance from the rear door of the premises to
16		the southwest corner of the property line of the school is
17		at least 93 feet;
18		(9) the school is a City of Chicago School District 299
19		school;
20		(10) the school's main structure was erected in 1902
21		and an addition was built to the main structure in 1959;
22		and
23		(11) the principal of the school and the alderman in
24		whose district the premises are located have expressed, in
25		writing, their support for the issuance of the license.
26		(v) Notwithstanding any provision in this Section to the

SB0398 Enrolled - 22 - LRB099 03227 RPS 23235 b
1		contrary, nothing in this Section shall prohibit the issuance
2		or renewal of a license authorizing the sale of alcoholic
3		liquor at a premises that is located within a municipality with
4		a population in excess of 1,000,000 inhabitants and is within
5		100 feet of a school if:
6		(1) the total land area of the premises for which the
7		license or renewal is sought is more than 600,000 square
8		feet;
9		(2) the premises for which the license or renewal is
10		sought has more than 600 parking stalls;
11		(3) the total area of all buildings on the premises for
12		which the license or renewal is sought exceeds 140,000
13		square feet;
14		(4) the property line of the premises for which the
15		license or renewal is sought is separated from the property
16		line of the school by a street;
17		(5) the distance from the school's property line to the
18		property line of the premises for which the license or
19		renewal is sought is at least 60 feet;
20		(6) as of the effective date of this amendatory Act of
21		the 97th General Assembly, the premises for which the
22		license or renewal is sought is located in the Illinois
23		Medical District.
24		(w) Notwithstanding any provision in this Section to the
25		contrary, nothing in this Section shall prohibit the issuance
26		or renewal of a license to sell alcoholic liquor at a premises

SB0398 Enrolled - 23 - LRB099 03227 RPS 23235 b
1		that is located within a municipality with a population in
2		excess of 1,000,000 inhabitants and within 100 feet of a church
3		if:
4		(1) the sale of alcoholic liquor at the premises is
5		incidental to the sale of food;
6		(2) the sale of alcoholic liquor is not the principal
7		business carried on by the licensee at the premises;
8		(3) the premises occupy the first floor and basement of
9		a 2-story building that is 106 years old;
10		(4) the premises is at least 7,000 square feet and
11		located on a lot that is at least 11,000 square feet;
12		(5) the premises is located directly west of the
13		church, on perpendicular streets, and separated by an
14		alley;
15		(6) the distance between the property line of the
16		premises and the property line of the church is at least 20
17		feet;
18		(7) the distance between the primary entrance of the
19		premises and the primary entrance of the church is at least
20		130 feet; and
21		(8) the church has been at its location for at least 40
22		years.
23		(x) Notwithstanding any provision of this Section to the
24		contrary, nothing in this Section shall prohibit the issuance
25		or renewal of a license authorizing the sale of alcoholic
26		liquor at a premises that is located within a municipality with

SB0398 Enrolled - 24 - LRB099 03227 RPS 23235 b
1		a population in excess of 1,000,000 inhabitants and within 100
2		feet of a church if:
3		(1) the sale of alcoholic liquor is not the principal
4		business carried on by the licensee at the premises;
5		(2) the church has been operating in its current
6		location since 1973;
7		(3) the premises has been operating in its current
8		location since 1988;
9		(4) the church and the premises are owned by the same
10		parish;
11		(5) the premises is used for cultural and educational
12		purposes;
13		(6) the primary entrance to the premises and the
14		primary entrance to the church are located on the same
15		street;
16		(7) the principal religious leader of the church has
17		indicated his support of the issuance of the license;
18		(8) the premises is a 2-story building of approximately
19		23,000 square feet; and
20		(9) the premises houses a ballroom on its ground floor
21		of approximately 5,000 square feet.
22		(y) Notwithstanding any provision of this Section to the
23		contrary, nothing in this Section shall prohibit the issuance
24		or renewal of a license authorizing the sale of alcoholic
25		liquor at a premises that is located within a municipality with
26		a population in excess of 1,000,000 inhabitants and within 100

SB0398 Enrolled - 25 - LRB099 03227 RPS 23235 b
1		feet of a school if:
2		(1) the sale of alcoholic liquor is not the principal
3		business carried on by the licensee at the premises;
4		(2) the sale of alcoholic liquor at the premises is
5		incidental to the sale of food;
6		(3) according to the municipality, the distance
7		between the east property line of the premises and the west
8		property line of the school is 97.8 feet;
9		(4) the school is a City of Chicago School District 299
10		school;
11		(5) the school has been operating since 1959;
12		(6) the primary entrance to the premises and the
13		primary entrance to the school are located on the same
14		street;
15		(7) the street on which the entrances of the premises
16		and the school are located is a major diagonal
17		thoroughfare;
18		(8) the premises is a single-story building of
19		approximately 2,900 square feet; and
20		(9) the premises is used for commercial purposes only.
21		(z) Notwithstanding any provision of this Section to the
22		contrary, nothing in this Section shall prohibit the issuance
23		or renewal of a license authorizing the sale of alcoholic
24		liquor at a premises that is located within a municipality with
25		a population in excess of 1,000,000 inhabitants and within 100
26		feet of a mosque if:

SB0398 Enrolled - 26 - LRB099 03227 RPS 23235 b
1		(1) the sale of alcoholic liquor is not the principal
2		business carried on by the licensee at the premises;
3		(2) the licensee shall only sell packaged liquors at
4		the premises;
5		(3) the licensee is a national retail chain having over
6		100 locations within the municipality;
7		(4) the licensee has over 8,000 locations nationwide;
8		(5) the licensee has locations in all 50 states;
9		(6) the premises is located in the North-East quadrant
10		of the municipality;
11		(7) the premises is a free-standing building that has
12		"drive-through" pharmacy service;
13		(8) the premises has approximately 14,490 square feet
14		of retail space;
15		(9) the premises has approximately 799 square feet of
16		pharmacy space;
17		(10) the premises is located on a major arterial street
18		that runs east-west and accepts truck traffic; and
19		(11) the alderman of the ward in which the premises is
20		located has expressed, in writing, his or her support for
21		the issuance of the license.
22		(aa) Notwithstanding any provision of this Section to the
23		contrary, nothing in this Section shall prohibit the issuance
24		or renewal of a license authorizing the sale of alcoholic
25		liquor at a premises that is located within a municipality with
26		a population in excess of 1,000,000 inhabitants and within 100

SB0398 Enrolled - 27 - LRB099 03227 RPS 23235 b
1		feet of a church if:
2		(1) the sale of alcoholic liquor is not the principal
3		business carried on by the licensee at the premises;
4		(2) the licensee shall only sell packaged liquors at
5		the premises;
6		(3) the licensee is a national retail chain having over
7		100 locations within the municipality;
8		(4) the licensee has over 8,000 locations nationwide;
9		(5) the licensee has locations in all 50 states;
10		(6) the premises is located in the North-East quadrant
11		of the municipality;
12		(7) the premises is located across the street from a
13		national grocery chain outlet;
14		(8) the premises has approximately 16,148 square feet
15		of retail space;
16		(9) the premises has approximately 992 square feet of
17		pharmacy space;
18		(10) the premises is located on a major arterial street
19		that runs north-south and accepts truck traffic; and
20		(11) the alderman of the ward in which the premises is
21		located has expressed, in writing, his or her support for
22		the issuance of the license.
23		(bb) Notwithstanding any provision of this Section to the
24		contrary, nothing in this Section shall prohibit the issuance
25		or renewal of a license authorizing the sale of alcoholic
26		liquor at a premises that is located within a municipality with

SB0398 Enrolled - 28 - LRB099 03227 RPS 23235 b
1		a population in excess of 1,000,000 inhabitants and within 100
2		feet of a church if:
3		(1) the sale of alcoholic liquor is not the principal
4		business carried on by the licensee at the premises;
5		(2) the sale of alcoholic liquor at the premises is
6		incidental to the sale of food;
7		(3) the primary entrance to the premises and the
8		primary entrance to the church are located on the same
9		street;
10		(4) the premises is across the street from the church;
11		(5) the street on which the premises and the church are
12		located is a major arterial street that runs east-west;
13		(6) the church is an elder-led and Bible-based Assyrian
14		church;
15		(7) the premises and the church are both single-story
16		buildings;
17		(8) the storefront directly west of the church is being
18		used as a restaurant; and
19		(9) the distance between the northern-most property
20		line of the premises and the southern-most property line of
21		the church is 65 feet.
22		(cc) Notwithstanding any provision of this Section to the
23		contrary, nothing in this Section shall prohibit the issuance
24		or renewal of a license authorizing the sale of alcoholic
25		liquor at a premises that is located within a municipality with
26		a population in excess of 1,000,000 inhabitants and within 100

SB0398 Enrolled - 29 - LRB099 03227 RPS 23235 b
1		feet of a school if:
2		(1) the sale of alcoholic liquor is not the principal
3		business carried on by the licensee at the premises;
4		(2) the licensee shall only sell packaged liquors at
5		the premises;
6		(3) the licensee is a national retail chain;
7		(4) as of October 25, 2011, the licensee has 1,767
8		stores operating nationwide, 87 stores operating in the
9		State, and 10 stores operating within the municipality;
10		(5) the licensee shall occupy approximately 124,000
11		square feet of space in the basement and first and second
12		floors of a building located across the street from a
13		school;
14		(6) the school opened in August of 2009 and occupies
15		approximately 67,000 square feet of space; and
16		(7) the building in which the premises shall be located
17		has been listed on the National Register of Historic Places
18		since April 17, 1970.
19		(dd) Notwithstanding any provision in this Section to the
20		contrary, nothing in this Section shall prohibit the issuance
21		or renewal of a license authorizing the sale of alcoholic
22		liquor within a full-service grocery store at a premises that
23		is located within a municipality with a population in excess of
24		1,000,000 inhabitants and is within 100 feet of a school if:
25		(1) the premises is constructed on land that was
26		purchased from the municipality at a fair market price;

SB0398 Enrolled - 30 - LRB099 03227 RPS 23235 b
1		(2) the premises is constructed on land that was
2		previously used as a parking facility for public safety
3		employees;
4		(3) the sale of alcoholic liquor is not the principal
5		business carried on by the licensee at the premises;
6		(4) the main entrance to the store is more than 100
7		feet from the main entrance to the school;
8		(5) the premises is to be new construction;
9		(6) the school is a private school;
10		(7) the principal of the school has given written
11		approval for the license;
12		(8) the alderman of the ward where the premises is
13		located has given written approval of the issuance of the
14		license;
15		(9) the grocery store level of the premises is between
16		60,000 and 70,000 square feet; and
17		(10) the owner and operator of the grocery store
18		operates 2 other grocery stores that have alcoholic liquor
19		licenses within the same municipality.
20		(ee) Notwithstanding any provision in this Section to the
21		contrary, nothing in this Section shall prohibit the issuance
22		or renewal of a license authorizing the sale of alcoholic
23		liquor within a full-service grocery store at a premises that
24		is located within a municipality with a population in excess of
25		1,000,000 inhabitants and is within 100 feet of a school if:
26		(1) the premises is constructed on land that once

SB0398 Enrolled - 31 - LRB099 03227 RPS 23235 b
1		contained an industrial steel facility;
2		(2) the premises is located on land that has undergone
3		environmental remediation;
4		(3) the premises is located within a retail complex
5		containing retail stores where some of the stores sell
6		alcoholic beverages;
7		(4) the principal activity of any restaurant in the
8		retail complex is the sale of food, and the sale of
9		alcoholic liquor is incidental to the sale of food;
10		(5) the sale of alcoholic liquor is not the principal
11		business carried on by the grocery store;
12		(6) the entrance to any business that sells alcoholic
13		liquor is more than 100 feet from the entrance to the
14		school;
15		(7) the alderman of the ward where the premises is
16		located has given written approval of the issuance of the
17		license; and
18		(8) the principal of the school has given written
19		consent to the issuance of the license.
20		(ff) Notwithstanding any provision of this Section to the
21		contrary, nothing in this Section shall prohibit the issuance
22		or renewal of a license authorizing the sale of alcoholic
23		liquor at a premises that is located within a municipality with
24		a population in excess of 1,000,000 inhabitants and within 100
25		feet of a school if:
26		(1) the sale of alcoholic liquor is not the principal

SB0398 Enrolled - 32 - LRB099 03227 RPS 23235 b
1		business carried on at the premises;
2		(2) the sale of alcoholic liquor at the premises is
3		incidental to the operation of a theater;
4		(3) the premises is a one and one-half-story building
5		of approximately 10,000 square feet;
6		(4) the school is a City of Chicago School District 299
7		school;
8		(5) the primary entrance of the premises and the
9		primary entrance of the school are at least 300 feet apart
10		and no more than 400 feet apart;
11		(6) the alderman of the ward in which the premises is
12		located has expressed, in writing, his support for the
13		issuance of the license; and
14		(7) the principal of the school has expressed, in
15		writing, that there is no objection to the issuance of a
16		license under this subsection (ff).
17		(gg) Notwithstanding any provision of this Section to the
18		contrary, nothing in this Section shall prohibit the issuance
19		or renewal of a license authorizing the sale of alcoholic
20		liquor incidental to the sale of food within a restaurant or
21		banquet facility established in a premises that is located in a
22		municipality with a population in excess of 1,000,000
23		inhabitants and within 100 feet of a church if:
24		(1) the sale of alcoholic liquor is not the principal
25		business carried on by the licensee at the premises;
26		(2) the property on which the church is located and the

SB0398 Enrolled - 33 - LRB099 03227 RPS 23235 b
1		property on which the premises are located are both within
2		a district originally listed on the National Register of
3		Historic Places on February 14, 1979;
4		(3) the property on which the premises are located
5		contains one or more multi-story buildings that are at
6		least 95 years old and have no more than three stories;
7		(4) the building in which the church is located is at
8		least 120 years old;
9		(5) the property on which the church is located is
10		immediately adjacent to and west of the property on which
11		the premises are located;
12		(6) the western boundary of the property on which the
13		premises are located is no less than 118 feet in length and
14		no more than 122 feet in length;
15		(7) as of December 31, 2012, both the church property
16		and the property on which the premises are located are
17		within 250 feet of City of Chicago Business-Residential
18		Planned Development Number 38;
19		(8) the principal religious leader at the place of
20		worship has indicated his or her support for the issuance
21		of the license in writing; and
22		(9) the alderman in whose district the premises are
23		located has expressed his or her support for the issuance
24		of the license in writing.
25		For the purposes of this subsection, "banquet facility"
26		means the part of the building that is located on the floor

SB0398 Enrolled - 34 - LRB099 03227 RPS 23235 b
1		above a restaurant and caters to private parties and where the
2		sale of alcoholic liquors is not the principal business.
3		(hh) Notwithstanding any provision of this Section to the
4		contrary, nothing in this Section shall prohibit the issuance
5		or renewal of a license authorizing the sale of alcoholic
6		liquor within a hotel and at an outdoor patio area attached to
7		the hotel that are located in a municipality with a population
8		in excess of 1,000,000 inhabitants and that are within 100 feet
9		of a hospital if:
10		(1) the sale of alcoholic liquor is not the principal
11		business carried on by the licensee at the hotel;
12		(2) the hotel is located within the City of Chicago
13		Business Planned Development Number 468; and
14		(3) the hospital is located within the City of Chicago
15		Institutional Planned Development Number 3.
16		(ii) Notwithstanding any provision of this Section to the
17		contrary, nothing in this Section shall prohibit the issuance
18		or renewal of a license authorizing the sale of alcoholic
19		liquor within a restaurant and at an outdoor patio area
20		attached to the restaurant that are located in a municipality
21		with a population in excess of 1,000,000 inhabitants and that
22		are within 100 feet of a church if:
23		(1) the sale of alcoholic liquor at the premises is not
24		the principal business carried on by the licensee and is
25		incidental to the sale of food;
26		(2) the restaurant has been operated on the street

SB0398 Enrolled - 35 - LRB099 03227 RPS 23235 b
1		level of a 2-story building located on a corner lot since
2		2008;
3		(3) the restaurant is between 3,700 and 4,000 square
4		feet and sits on a lot that is no more than 6,200 square
5		feet;
6		(4) the primary entrance to the restaurant and the
7		primary entrance to the church are located on the same
8		street;
9		(5) the street on which the restaurant and the church
10		are located is a major east-west street;
11		(6) the restaurant and the church are separated by a
12		one-way northbound street;
13		(7) the church is located to the west of and no more
14		than 65 feet from the restaurant; and
15		(8) the principal religious leader at the place of
16		worship has indicated his or her consent to the issuance of
17		the license in writing.
18		(jj) Notwithstanding any provision of this Section to the
19		contrary, nothing in this Section shall prohibit the issuance
20		or renewal of a license authorizing the sale of alcoholic
21		liquor at premises located within a municipality with a
22		population in excess of 1,000,000 inhabitants and within 100
23		feet of a church if:
24		(1) the sale of alcoholic liquor is not the principal
25		business carried on by the licensee at the premises;
26		(2) the sale of alcoholic liquor is incidental to the

SB0398 Enrolled - 36 - LRB099 03227 RPS 23235 b
1		sale of food;
2		(3) the premises are located east of the church, on
3		perpendicular streets, and separated by an alley;
4		(4) the distance between the primary entrance of the
5		premises and the primary entrance of the church is at least
6		175 feet;
7		(5) the distance between the property line of the
8		premises and the property line of the church is at least 40
9		feet;
10		(6) the licensee has been operating at the premises
11		since 2012;
12		(7) the church was constructed in 1904;
13		(8) the alderman of the ward in which the premises is
14		located has expressed, in writing, his or her support for
15		the issuance of the license; and
16		(9) the principal religious leader of the church has
17		delivered a written statement that he or she does not
18		object to the issuance of a license under this subsection
19		(jj).
20		(kk) Notwithstanding any provision of this Section to the
21		contrary, nothing in this Section shall prohibit the issuance
22		or renewal of a license authorizing the sale of alcoholic
23		liquor at a premises that is located within a municipality with
24		a population in excess of 1,000,000 inhabitants and within 100
25		feet of a school if:
26		(1) the sale of alcoholic liquor is not the principal

SB0398 Enrolled - 37 - LRB099 03227 RPS 23235 b
1		business carried on by the licensee at the premises;
2		(2) the licensee shall only sell packaged liquors on
3		the premises;
4		(3) the licensee is a national retail chain;
5		(4) as of February 27, 2013, the licensee had 1,778
6		stores operating nationwide, 89 operating in this State,
7		and 11 stores operating within the municipality;
8		(5) the licensee shall occupy approximately 169,048
9		square feet of space within a building that is located
10		across the street from a tuition-based preschool; and
11		(6) the alderman of the ward in which the premises is
12		located has expressed, in writing, his or her support for
13		the issuance of the license.
14		(ll) Notwithstanding any provision of this Section to the
15		contrary, nothing in this Section shall prohibit the issuance
16		or renewal of a license authorizing the sale of alcoholic
17		liquor at a premises that is located within a municipality with
18		a population in excess of 1,000,000 inhabitants and within 100
19		feet of a school if:
20		(1) the sale of alcoholic liquor is not the principal
21		business carried on by the licensee at the premises;
22		(2) the licensee shall only sell packaged liquors on
23		the premises;
24		(3) the licensee is a national retail chain;
25		(4) as of February 27, 2013, the licensee had 1,778
26		stores operating nationwide, 89 operating in this State,

SB0398 Enrolled - 38 - LRB099 03227 RPS 23235 b
1		and 11 stores operating within the municipality;
2		(5) the licensee shall occupy approximately 191,535
3		square feet of space within a building that is located
4		across the street from an elementary school; and
5		(6) the alderman of the ward in which the premises is
6		located has expressed, in writing, his or her support for
7		the issuance of the license.
8		(mm) Notwithstanding any provision of this Section to the
9		contrary, nothing in this Section shall prohibit the issuance
10		or renewal of a license authorizing the sale of alcoholic
11		liquor within premises and at an outdoor patio or sidewalk
12		cafe, or both, attached to premises that are located in a
13		municipality with a population in excess of 1,000,000
14		inhabitants and that are within 100 feet of a hospital if:
15		(1) the primary business of the restaurant consists of
16		the sale of food where the sale of liquor is incidental to
17		the sale of food;
18		(2) as a restaurant, the premises may or may not offer
19		catering as an incidental part of food service;
20		(3) the primary business of the restaurant is conducted
21		in space owned by a hospital or an entity owned or
22		controlled by, under common control with, or that controls
23		a hospital, and the chief hospital administrator has
24		expressed his or her support for the issuance of the
25		license in writing; and
26		(4) the hospital is an adult acute care facility

SB0398 Enrolled - 39 - LRB099 03227 RPS 23235 b
1		primarily located within the City of Chicago Institutional
2		Planned Development Number 3.
3		(nn) Notwithstanding any provision of this Section to the
4		contrary, nothing in this Section shall prohibit the issuance
5		or renewal of a license authorizing the sale of alcoholic
6		liquor at a premises that is located within a municipality with
7		a population in excess of 1,000,000 inhabitants and within 100
8		feet of a church if:
9		(1) the sale of alcoholic liquor is not the principal
10		business carried out on the premises;
11		(2) the sale of alcoholic liquor at the premises is
12		incidental to the operation of a theater;
13		(3) the premises are a building that was constructed in
14		1913 and opened on May 24, 1915 as a vaudeville theater,
15		and the premises were converted to a motion picture theater
16		in 1935;
17		(4) the church was constructed in 1889 with a stone
18		exterior;
19		(5) the primary entrance of the premises and the
20		primary entrance of the church are at least 100 feet apart;
21		and
22		(6) the principal religious leader at the place of
23		worship has indicated his or her consent to the issuance of
24		the license in writing; and
25		(7) the alderman in whose ward the premises are located
26		has expressed his or her support for the issuance of the

SB0398 Enrolled - 40 - LRB099 03227 RPS 23235 b
1		license in writing.
2		(oo) Notwithstanding any provision of this Section to the
3		contrary, nothing in this Section shall prohibit the issuance
4		or renewal of a license authorizing the sale of alcoholic
5		liquor at a premises that is located within a municipality with
6		a population in excess of 1,000,000 inhabitants and within 100
7		feet of a mosque, church, or other place of worship if:
8		(1) the primary entrance of the premises and the
9		primary entrance of the mosque, church, or other place of
10		worship are perpendicular and are on different streets;
11		(2) the primary entrance to the premises faces West and
12		the primary entrance to the mosque, church, or other place
13		of worship faces South;
14		(3) the distance between the 2 primary entrances is at
15		least 100 feet;
16		(4) the mosque, church, or other place of worship was
17		established in a location within 100 feet of the premises
18		after a license for the sale of alcohol at the premises was
19		first issued;
20		(5) the mosque, church, or other place of worship was
21		established on or around January 1, 2011;
22		(6) a license for the sale of alcohol at the premises
23		was first issued on or before January 1, 1985;
24		(7) a license for the sale of alcohol at the premises
25		has been continuously in effect since January 1, 1985,
26		except for interruptions between licenses of no more than

SB0398 Enrolled - 41 - LRB099 03227 RPS 23235 b
1		90 days; and
2		(8) the premises are a single-story, single-use
3		building of at least 3,000 square feet and no more than
4		3,380 square feet.
5		(pp) Notwithstanding any provision of this Section to the
6		contrary, nothing in this Section shall prohibit the issuance
7		or renewal of a license authorizing the sale of alcoholic
8		liquor incidental to the sale of food within a restaurant or
9		banquet facility established on premises that are located in a
10		municipality with a population in excess of 1,000,000
11		inhabitants and within 100 feet of at least one church if:
12		(1) the sale of liquor shall not be the principal
13		business carried on by the licensee at the premises;
14		(2) the premises are at least 2,000 square feet and no
15		more than 10,000 square feet and is located in a
16		single-story building;
17		(3) the property on which the premises are located is
18		within an area that, as of 2009, was designated as a
19		Renewal Community by the United States Department of
20		Housing and Urban Development;
21		(4) the property on which the premises are located and
22		the properties on which the churches are located are on the
23		same street;
24		(5) the property on which the premises are located is
25		immediately adjacent to and east of the property on which
26		at least one of the churches is located;

SB0398 Enrolled - 42 - LRB099 03227 RPS 23235 b
1		(6) the property on which the premises are located is
2		across the street and southwest of the property on which
3		another church is located;
4		(7) the principal religious leaders of the churches
5		have indicated their support for the issuance of the
6		license in writing; and
7		(8) the alderman in whose ward the premises are located
8		has expressed his or her support for the issuance of the
9		license in writing.
10		For purposes of this subsection (pp), "banquet facility"
11		means the part of the building that caters to private parties
12		and where the sale of alcoholic liquors is not the principal
13		business.
14		(qq) Notwithstanding any provision of this Section to the
15		contrary, nothing in this Section shall prohibit the issuance
16		or renewal of a license authorizing the sale of alcoholic
17		liquor on premises that are located within a municipality with
18		a population in excess of 1,000,000 inhabitants and within 100
19		feet of a church or school if:
20		(1) the primary entrance of the premises and the
21		closest entrance of the church or school are at least 200
22		feet apart and no greater than 300 feet apart;
23		(2) the shortest distance between the premises and the
24		church or school is at least 66 feet apart and no greater
25		than 81 feet apart;
26		(3) the premises are a single-story, steel-framed

SB0398 Enrolled - 43 - LRB099 03227 RPS 23235 b
1		commercial building with at least 18,042 square feet, and
2		was constructed in 1925 and 1997;
3		(4) the owner of the business operated within the
4		premises has been the general manager of a similar
5		supermarket within one mile from the premises, which has
6		had a valid license authorizing the sale of alcoholic
7		liquor since 2002, and is in good standing with the City of
8		Chicago;
9		(5) the principal religious leader at the place of
10		worship has indicated his or her support to the issuance or
11		renewal of the license in writing;
12		(6) the alderman of the ward has indicated his or her
13		support to the issuance or renewal of the license in
14		writing; and
15		(7) the principal of the school has indicated his or
16		her support to the issuance or renewal of the license in
17		writing.
18		(rr) Notwithstanding any provision of this Section to the
19		contrary, nothing in this Section shall prohibit the issuance
20		or renewal of a license authorizing the sale of alcoholic
21		liquor at premises located within a municipality with a
22		population in excess of 1,000,000 inhabitants and within 100
23		feet of a club that leases space to a school if:
24		(1) the sale of alcoholic liquor is not the principal
25		business carried out on the premises;
26		(2) the sale of alcoholic liquor at the premises is

SB0398 Enrolled - 44 - LRB099 03227 RPS 23235 b
1		incidental to the operation of a grocery store;
2		(3) the premises are a building of approximately 1,750
3		square feet and is rented by the owners of the grocery
4		store from a family member;
5		(4) the property line of the premises is approximately
6		68 feet from the property line of the club;
7		(5) the primary entrance of the premises and the
8		primary entrance of the club where the school leases space
9		are at least 100 feet apart;
10		(6) the director of the club renting space to the
11		school has indicated his or her consent to the issuance of
12		the license in writing; and
13		(7) the alderman in whose district the premises are
14		located has expressed his or her support for the issuance
15		of the license in writing.
16		(ss) Notwithstanding any provision of this Section to the
17		contrary, nothing in this Section shall prohibit the issuance
18		or renewal of a license authorizing the sale of alcoholic
19		liquor at premises located within a municipality with a
20		population in excess of 1,000,000 inhabitants and within 100
21		feet of a church if:
22		(1) the premises are located within a 15 unit building
23		with 13 residential apartments and 2 commercial spaces, and
24		the licensee will occupy both commercial spaces;
25		(2) a restaurant has been operated on the premises
26		since June 2011;

SB0398 Enrolled - 45 - LRB099 03227 RPS 23235 b
1		(3) the restaurant currently occupies 1,075 square
2		feet, but will be expanding to include 975 additional
3		square feet;
4		(4) the sale of alcoholic liquor is not the principal
5		business carried on by the licensee at the premises;
6		(5) the premises are located south of the church and on
7		the same street and are separated by a one-way westbound
8		street;
9		(6) the primary entrance of the premises is at least 93
10		feet from the primary entrance of the church;
11		(7) the shortest distance between any part of the
12		premises and any part of the church is at least 72 feet;
13		(8) the building in which the restaurant is located was
14		built in 1910;
15		(9) the alderman of the ward in which the premises are
16		located has expressed, in writing, his or her support for
17		the issuance of the license; and
18		(10) the principal religious leader of the church has
19		delivered a written statement that he or she does not
20		object to the issuance of a license under this subsection
21		(ss).
22		(tt) Notwithstanding any provision of this Section to the
23		contrary, nothing in this Section shall prohibit the issuance
24		or renewal of a license authorizing the sale of alcoholic
25		liquor at premises located within a municipality with a
26		population in excess of 1,000,000 inhabitants and within 100

SB0398 Enrolled - 46 - LRB099 03227 RPS 23235 b
1		feet of a church if:
2		(1) the sale of alcoholic liquor is not the principal
3		business carried on by the licensee at the premises;
4		(2) the sale of alcoholic liquor is incidental to the
5		sale of food;
6		(3) the sale of alcoholic liquor at the premises was
7		previously authorized by a package goods liquor license;
8		(4) the premises are at least 40,000 square feet with
9		25 parking spaces in the contiguous surface lot to the
10		north of the store and 93 parking spaces on the roof;
11		(5) the shortest distance between the lot line of the
12		parking lot of the premises and the exterior wall of the
13		church is at least 80 feet;
14		(6) the distance between the building in which the
15		church is located and the building in which the premises
16		are located is at least 180 feet;
17		(7) the main entrance to the church faces west and is
18		at least 257 feet from the main entrance of the premises;
19		and
20		(8) the applicant is the owner of 10 similar grocery
21		stores within the City of Chicago and the surrounding area
22		and has been in business for more than 30 years.
23		(uu) Notwithstanding any provision of this Section to the
24		contrary, nothing in this Section shall prohibit the issuance
25		or renewal of a license authorizing the sale of alcoholic
26		liquor at premises located within a municipality with a

SB0398 Enrolled - 47 - LRB099 03227 RPS 23235 b
1		population in excess of 1,000,000 inhabitants and within 100
2		feet of a church if:
3		(1) the sale of alcoholic liquor is not the principal
4		business carried on by the licensee at the premises;
5		(2) the sale of alcoholic liquor is incidental to the
6		operation of a grocery store;
7		(3) the premises are located in a building that is
8		approximately 68,000 square feet with 157 parking spaces on
9		property that was previously vacant land;
10		(4) the main entrance to the church faces west and is
11		at least 500 feet from the entrance of the premises, which
12		faces north;
13		(5) the church and the premises are separated by an
14		alley;
15		(6) the applicant is the owner of 9 similar grocery
16		stores in the City of Chicago and the surrounding area and
17		has been in business for more than 40 years; and
18		(7) the alderman of the ward in which the premises are
19		located has expressed, in writing, his or her support for
20		the issuance of the license.
21		(vv) Notwithstanding any provision of this Section to the
22		contrary, nothing in this Section shall prohibit the issuance
23		or renewal of a license authorizing the sale of alcoholic
24		liquor at premises located within a municipality with a
25		population in excess of 1,000,000 inhabitants and within 100
26		feet of a church if:

SB0398 Enrolled - 48 - LRB099 03227 RPS 23235 b
1		(1) the sale of alcoholic liquor is the principal
2		business carried on by the licensee at the premises;
3		(2) the sale of alcoholic liquor is primary to the sale
4		of food;
5		(3) the premises are located south of the church and on
6		perpendicular streets and are separated by a driveway;
7		(4) the primary entrance of the premises is at least
8		100 feet from the primary entrance of the church;
9		(5) the shortest distance between any part of the
10		premises and any part of the church is at least 15 feet;
11		(6) the premises are less than 100 feet from the church
12		center, but greater than 100 feet from the area within the
13		building where church services are held;
14		(7) the premises are 25,830 square feet and sit on a
15		lot that is 0.48 acres;
16		(8) the premises were once designated as a Korean
17		American Presbyterian Church and were once used as a
18		Masonic Temple;
19		(9) the premises were built in 1910;
20		(10) the alderman of the ward in which the premises are
21		located has expressed, in writing, his or her support for
22		the issuance of the license; and
23		(11) the principal religious leader of the church has
24		delivered a written statement that he or she does not
25		object to the issuance of a license under this subsection
26		(vv).

SB0398 Enrolled - 49 - LRB099 03227 RPS 23235 b
1		For the purposes of this subsection (vv), "premises" means
2		a place of business together with a privately owned outdoor
3		location that is adjacent to the place of business.
4		(ww) Notwithstanding any provision of this Section to the
5		contrary, nothing in this Section shall prohibit the issuance
6		or renewal of a license authorizing the sale of alcoholic
7		liquor at premises located within a municipality with a
8		population in excess of 1,000,000 inhabitants and within 100
9		feet of a school if:
10		(1) the school is located within Sub Area III of City
11		of Chicago Residential-Business Planned Development Number
12		523, as amended; and
13		(2) the premises are located within Sub Area I, Sub
14		Area II, or Sub Area IV of City of Chicago
15		Residential-Business Planned Development Number 523, as
16		amended.
17		(xx) Notwithstanding any provision of this Section to the
18		contrary, nothing in this Section shall prohibit the issuance
19		or renewal of a license authorizing the sale of alcoholic
20		liquor at premises located within a municipality with a
21		population in excess of 1,000,000 inhabitants and within 100
22		feet of a church if:
23		(1) the sale of wine or wine-related products is the
24		exclusive business carried on by the licensee at the
25		premises;
26		(2) the primary entrance of the premises and the

SB0398 Enrolled - 50 - LRB099 03227 RPS 23235 b
1		primary entrance of the church are at least 100 feet apart
2		and are located on different streets;
3		(3) the building in which the premises are located and
4		the building in which the church is located are separated
5		by an alley;
6		(4) the premises consists of less than 2,000 square
7		feet of floor area dedicated to the sale of wine or
8		wine-related products;
9		(5) the premises are located on the first floor of a
10		2-story building that is at least 99 years old and has a
11		residential unit on the second floor; and
12		(6) the principal religious leader at the church has
13		indicated his or her support for the issuance or renewal of
14		the license in writing.
15		(Source: P.A. 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634,
16		eff. 12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12;
17		97-806, eff. 7-13-12; 97-1166, eff. 3-1-13; 98-274, eff.
18		8-9-13; 98-463, eff. 8-16-13; 98-571, eff. 8-27-13; 98-592,
19		eff. 11-15-13; 98-1092, eff. 8-26-14; 98-1158, eff. 1-9-15.)
20		(235 ILCS 5/6-22.5 new)
21		Sec. 6-22.5. Infusions.
22		(a) For purposes of this Section, "infusion" means a spirit
23		where ingredients, including, but not limited to, fruits,
24		spices, or nuts, are added to naturally infuse flavor into the
25		spirit.

SB0398 Enrolled - 51 - LRB099 03227 RPS 23235 b
1		(b) A retail licensee that is preparing an infusion for
2		consumption on the premises shall comply with the following
3		requirements:
4		(1) the infusion shall be mixed and stored on the
5		premises of the licensee;
6		(2) the container that the infusion is stored in must
7		have a lid and be in sanitary condition;
8		(3) the infusion shall not be aged for more than 14
9		days;
10		(4) the infusion must be used or destroyed within 21
11		days after the end of the aging process;
12		(5) cleaning records for the container that the
13		infusion is stored in must be available for inspection by
14		agents of the State Commission; and
15		(6) the container that the infusion is stored in must
16		have a label affixed to the container that provides the
17		production date of the infusion, the base spirit of the
18		infusion, the date the infusion will finish the aging
19		process, and the date by which the infusion must be
20		destroyed.
21		(235 ILCS 5/6-27.1)
22		(This Section may contain text from a Public Act with a
23		delayed effective date)
24		Sec. 6-27.1. Responsible alcohol service server training.
25		(a) Unless issued a valid server training certificate

SB0398 Enrolled - 52 - LRB099 03227 RPS 23235 b
1		between July 1, 2012 and July 1, 2015 by a certified Beverage
2		Alcohol Sellers and Servers Education and Training (BASSET)
3		trainer, all alcohol servers in Cook County are required to
4		obtain and complete training in basic responsible alcohol
5		service as outlined in 77 Ill. Adm. Code 3500, as those
6		provisions exist on July 1, 2015 (the effective date of Public
7		Act 98-939), by July 1, 2015 or within 120 days after the
8		alcohol server begins his or her employment, whichever is
9		later. All alcohol servers in a county, other than Cook County,
10		with a population of 200,000 inhabitants or more are required
11		to obtain and complete training in basic responsible alcohol
12		service as outlined in 77 Ill. Adm. Code 3500, as those
13		provisions exist on July 1, 2015 (the effective date of Public
14		Act 98-939), by July 1, 2016 or within 120 days after the
15		alcohol server begins his or her employment, whichever is
16		later. All alcohol servers in a county with a population of
17		more than 30,000 inhabitants and less than 200,000 inhabitants
18		are required to obtain and complete training in basic
19		responsible alcohol service as outlined in 77 Ill. Adm. Code
20		3500, as those provisions exist on July 1, 2015 (the effective
21		date of Public Act 98-939), by July 1, 2017 or within 120 days
22		after the alcohol server begins his or her employment,
23		whichever is later. All alcohol servers in counties with a
24		population of 30,000 inhabitants or less are required to obtain
25		and complete training in basic responsible alcohol service as
26		outlined in 77 Ill. Adm. Code 3500, as those provisions exist

SB0398 Enrolled - 53 - LRB099 03227 RPS 23235 b
1		on July 1, 2015 (the effective date of Public Act 98-939), by
2		July 1, 2018 or within 120 days after the alcohol server begins
3		his or her employment, whichever is later.
4		There is no limit to the amount of times a server may take
5		the training. A certificate of training belongs to the server,
6		and a server may transfer a certificate of training to a
7		different employer, but shall not transfer a certificate of
8		training to another server. Proof that an alcohol server has
9		been trained must be available upon reasonable request by State
10		law enforcement officials. For the purpose of this Section,
11		"alcohol servers" means persons who sell or serve open
12		containers of alcoholic beverages at retail and anyone whose
13		job description entails the checking of identification for the
14		purchase of open containers of alcoholic beverages at retail or
15		for entry into the licensed premises. The definition does not
16		include (i) a distributor or importing distributor conducting
17		product sampling as authorized in Section 6-31 of this Act or a
18		registered tasting representative, as provided in 11 Ill. Adm.
19		Code 100.40, conducting a tasting, as defined in 11 Ill. Adm.
20		Code 100.10; (ii) a volunteer serving alcoholic beverages at a
21		charitable function; or (iii) an instructor engaged in training
22		or educating on the proper technique for using a system that
23		dispenses alcoholic beverages.
24		(b) Responsible alcohol service training must cover and
25		assess knowledge of the topics noted in 77 Ill. Adm. Code
26		3500.155.

SB0398 Enrolled - 54 - LRB099 03227 RPS 23235 b
1		(c) Beginning on the effective date of this amendatory Act
2		of the 98th General Assembly, but no later than October 1,
3		2015, all existing BASSET trainers who are already BASSET
4		certified as of the effective date of this amendatory Act of
5		the 98th General Assembly shall be recertified by the State
6		Commission and be required to comply with the conditions for
7		server training set forth in this amendatory Act of the 98th
8		General Assembly.
9		(d) Training modules and certificate program plans must be
10		approved by the State Commission. All documents, materials, or
11		information related to responsible alcohol service training
12		program approval that are submitted to the State Commission are
13		confidential and shall not be open to public inspection or
14		dissemination and are exempt from disclosure.
15		The State Commission shall only approve programs that meet
16		the following criteria:
17		(1) the training course covers the content specified in
18		77 Ill. Adm. Code 3500.155;
19		(2) if the training course is classroom-based, the
20		classroom training is at least 4 hours, is available in
21		English and Spanish, and includes a test;
22		(3) if the training course is online or computer-based,
23		the course is designed in a way that ensures that no
24		content can be skipped, is interactive, has audio for
25		content for servers that have a disability, and includes a
26		test;

SB0398 Enrolled - 55 - LRB099 03227 RPS 23235 b
1		(4) training and testing is based on a job task
2		analysis that clearly identifies and focuses on the
3		knowledge, skills, and abilities needed to responsibly
4		serve alcoholic beverages and is developed using best
5		practices in instructional design and exam development to
6		ensure that the program is fair and legally defensible;
7		(5) training and testing is conducted by any means
8		available, including, but not limited to, online,
9		computer, classroom, or live trainers; and
10		(6) the program must provide access on a
11		24-hour-per-day, 7-days-per-week basis for certificate
12		verification for State Commission, State law enforcement
13		officials, and employers to be able to verify certificate
14		authenticity.
15		(e) Nothing in subsection (d) of this Section shall be
16		construed to require a program to use a test administrator or
17		proctor.
18		(f) A certificate issued from a BASSET-licensed training
19		program shall be accepted as meeting the training requirements
20		for all server license and permit laws and ordinances in the
21		State.
22		(g) A responsible alcohol service training certificate
23		from a BASSET-licensed program shall be valid for 3 years.
24		(h) The provisions of this Section shall apply beginning
25		July 1, 2015. From July 1, 2015 through December 31, 2015,
26		enforcement of the provisions of this Section shall be limited

SB0398 Enrolled - 56 - LRB099 03227 RPS 23235 b
1		to education and notification of the requirements to encourage
2		compliance.
3		(i) The provisions of this Section do not apply to a
4		special event retailer.
5		(Source: P.A. 98-939, eff. 7-1-15.)
6		(235 ILCS 5/6-27.5 new)
7		Sec. 6-27.5. Mandatory schedule of prices. All retail
8		licensees shall maintain a schedule of the prices charged for
9		all drinks of alcoholic liquor to be served and consumed on the
10		licensed premises or in any room or part thereof. Whenever a
11		hotel or multi-use establishment which holds a valid retailer's
12		license operates on its premises more than one establishment at
13		which drinks of alcoholic liquor are sold at retail, the hotel
14		or multi-use establishment shall maintain at each such
15		establishment a separate schedule of the prices charged for
16		such drinks at that establishment.
17		(235 ILCS 5/6-28) (from Ch. 43, par. 144d)
18		Sec. 6-28. Prohibited happy hours Happy hours prohibited.
19		(a) (Blank). All retail licensees shall maintain a schedule
20		of the prices charged for all drinks of alcoholic liquor to be
21		served and consumed on the licensed premises or in any room or
22		part thereof. Whenever a hotel or multi-use establishment which
23		holds a valid retailer's license operates on its premises more
24		than one establishment at which drinks of alcoholic liquor are

SB0398 Enrolled - 57 - LRB099 03227 RPS 23235 b
1		sold at retail, the hotel or multi-use establishment shall
2		maintain at each such establishment a separate schedule of the
3		prices charged for such drinks at that establishment.
4		(b) No retail licensee or employee or agent of such
5		licensee shall:
6		(1) sell more than one drink of alcoholic liquor for
7		the price of one drink of alcoholic liquor serve 2 or more
8		drinks of alcoholic liquor at one time to one person for
9		consumption by that one person, except conducting product
10		sampling pursuant to Section 6-31 or selling or delivering
11		wine by the bottle or carafe;
12		(2) sell, offer to sell or serve to any person an
13		unlimited number of drinks of alcoholic liquor during any
14		set period of time for a fixed price, except at private
15		functions not open to the general public or as provided in
16		Section 6-28.5 of this Act;
17		(3) (blank) sell, offer to sell or serve any drink of
18		alcoholic liquor to any person on any one date at a reduced
19		price other than that charged other purchasers of drinks on
20		that day where such reduced price is a promotion to
21		encourage consumption of alcoholic liquor, except as
22		authorized in paragraph (7) of subsection (c);
23		(4) increase the volume of alcoholic liquor contained
24		in a drink, or the size of a drink of alcoholic liquor,
25		without increasing proportionately the price regularly
26		charged for the drink on that day;

SB0398 Enrolled - 58 - LRB099 03227 RPS 23235 b
1		(5) encourage or permit, on the licensed premises, any
2		game or contest which involves drinking alcoholic liquor or
3		the awarding of drinks of alcoholic liquor as prizes for
4		such game or contest on the licensed premises; or
5		(6) advertise or promote in any way, whether on or off
6		the licensed premises, any of the practices prohibited
7		under paragraphs (1) through (5).
8		(c) (Blank). Nothing in subsection (b) shall be construed
9		to prohibit a licensee from:
10		(1) offering free food or entertainment at any time;
11		(2) including drinks of alcoholic liquor as part of a
12		meal package;
13		(3) including drinks of alcoholic liquor as part of a
14		hotel package;
15		(4) negotiating drinks of alcoholic liquor as part of a
16		contract between a hotel or multi-use establishment and
17		another group for the holding of any function, meeting,
18		convention or trade show;
19		(5) providing room service to persons renting rooms at
20		a hotel;
21		(6) selling pitchers (or the equivalent, including but
22		not limited to buckets), carafes, or bottles of alcoholic
23		liquor which are customarily sold in such manner, or
24		selling bottles of spirits, and delivered to 2 or more
25		persons at one time;
26		(7) increasing prices of drinks of alcoholic liquor in

SB0398 Enrolled - 59 - LRB099 03227 RPS 23235 b
1		lieu of, in whole or in part, a cover charge to offset the
2		cost of special entertainment not regularly scheduled; or
3		(8) including drinks of alcoholic liquor as part of an
4		entertainment package where the licensee is separately
5		licensed by a municipal ordinance that (A) restricts dates
6		of operation to dates during which there is an event at an
7		adjacent stadium, (B) restricts hours of serving alcoholic
8		liquor to 2 hours before the event and one hour after the
9		event, (C) restricts alcoholic liquor sales to beer and
10		wine, (D) requires tickets for admission to the
11		establishment, and (E) prohibits sale of admission tickets
12		on the day of an event and permits the sale of admission
13		tickets for single events only.
14		(d) A violation of this Section Act shall be grounds for
15		suspension or revocation of the retailer's license as provided
16		by this Act. The State Commission may not enforce any trade
17		practice policy or other rule that was not adopted in
18		accordance with the Illinois Administrative Procedure Act.
19		(Source: P.A. 98-571, eff. 8-27-13.)
20		(235 ILCS 5/6-28.5 new)
21		Sec. 6-28.5. Permitted happy hours and meal packages, party
22		packages, and entertainment packages.
23		(a) As used in this Section:
24		"Dedicated event space" means a room or rooms or other
25		clearly delineated space within a retail licensee's premises

SB0398 Enrolled - 60 - LRB099 03227 RPS 23235 b
1		that is reserved for the exclusive use of party package
2		invitees during the entirety of a party package. Furniture,
3		stanchions and ropes, or other room dividers may be used to
4		clearly delineate a dedicated event space.
5		"Meal package" means a food and beverage package, which may
6		or may not include entertainment, where the service of
7		alcoholic liquor is an accompaniment to the food, including,
8		but not limited to, a meal, tour, tasting, or any combination
9		thereof for a fixed price by a retail licensee or any other
10		licensee operating within a sports facility, restaurant,
11		winery, brewery, or distillery.
12		"Party package" means a private party, function, or event
13		for a specific social or business occasion, either arranged by
14		invitation or reservation for a defined number of individuals,
15		that is not open to the general public and where attendees are
16		served both food and alcohol for a fixed price in a dedicated
17		event space.
18		(b) A retail licensee may:
19		(1) offer free food or entertainment at any time;
20		(2) include drinks of alcoholic liquor as part of a
21		meal package;
22		(3) sell or offer for sale a party package only if the
23		retail licensee:
24		(A) offers food in the dedicated event space;
25		(B) limits the party package to no more than 3
26		hours;

SB0398 Enrolled - 61 - LRB099 03227 RPS 23235 b
1		(C) distributes wristbands, lanyards, shirts, or
2		any other such wearable items to identify party package
3		attendees so the attendees may be granted access to the
4		dedicated event space; and
5		(D) excludes individuals not participating in the
6		party package from the dedicated event space;
7		(4) include drinks of alcoholic liquor as part of a
8		hotel package;
9		(5) negotiate drinks of alcoholic liquor as part of a
10		hotel package;
11		(6) provide room service to persons renting rooms at a
12		hotel;
13		(7) sell pitchers (or the equivalent, including, but
14		not limited to, buckets of bottled beer), carafes, or
15		bottles of alcoholic liquor which are customarily sold in
16		such manner, or sell bottles of spirits;
17		(8) advertise events permitted under this Section;
18		(9) include drinks of alcoholic liquor as part of an
19		entertainment package where the licensee is separately
20		licensed by a municipal ordinance that (A) restricts dates
21		of operation to dates during which there is an event at an
22		adjacent stadium, (B) restricts hours of serving alcoholic
23		liquor to 2 hours before the event and one hour after the
24		event, (C) restricts alcoholic liquor sales to beer and
25		wine, (D) requires tickets for admission to the
26		establishment, and (E) prohibits sale of admission tickets

SB0398 Enrolled - 62 - LRB099 03227 RPS 23235 b
1		on the day of an event and permits the sale of admission
2		tickets for single events only; and
3		(10) discount any drink of alcoholic liquor during a
4		specified time period only if:
5		(A) the price of the drink of alcoholic liquor is
6		not changed during the time that it is discounted;
7		(B) the period of time during which any drink of
8		alcoholic liquor is discounted does not exceed 4 hours
9		per day and 15 hours per week; however, this period of
10		time is not required to be consecutive and may be
11		divided by the licensee in any manner;
12		(C) the drink of alcoholic liquor is not discounted
13		between the hours of 10:00 p.m. and the licensed
14		premises' closing hour; and
15		(D) notice of the discount of the drink of
16		alcoholic liquor during a specified time is posted on
17		the licensed premises or on the licensee's publicly
18		available website at least 7 days prior to the
19		specified time.
20		(b) A violation of this Section shall be grounds for
21		suspension or revocation of the retailer's license as provided
22		by this Act. The State Commission may not enforce any trade
23		practice policy or other rule that was not adopted in
24		accordance with the Illinois Administrative Procedure Act.
25		(c) All licensees affected by this Section must also comply
26		with Sections 6-16, 6-21, and 6-27.1 of this Act.

SB0398 Enrolled - 63 - LRB099 03227 RPS 23235 b
1		(235 ILCS 5/6-31)
2		Sec. 6-31. Product sampling.
3		(a) Retailer, distributor, importing distributor,
4		manufacturer and nonresident dealer licensees may conduct
5		product sampling for consumption at a licensed retail location.
6		Up to 3 samples, consisting of no more than (i) 1/4 ounce of
7		distilled spirits, (ii) one ounce of wine, or (iii) 2 ounces of
8		beer may be served to a consumer in one day.
9		(b) Notwithstanding the provisions of subsection (a), an
10		on-premises retail licensee may offer for sale and serve more
11		than one drink per person for sampling purposes without
12		violating paragraph (1) of subsection (b) of Section 6-28 or
13		paragraph (6) of subsection (c) of Section 6-28 of this Act,
14		provided the total quantity of the sampling package, regardless
15		of the number of containers in which the alcoholic liquor is
16		being served, does not exceed 1 ounce of distilled spirits, 4
17		ounces of wine, or 16 ounces of beer. In any event, all
18		provisions of Section 6-28 shall apply to an on-premises retail
19		licensee that conducts product sampling.
20		(Source: P.A. 90-432, eff. 1-1-98; 90-626, eff. 1-1-99.)
21		(235 ILCS 5/6-14 rep.)
22		Section 10. The Liquor Control Act of 1934 is amended by
23		repealing Section 6-14.

SB0398 Enrolled - 64 - LRB099 03227 RPS 23235 b
1		Section 95. No acceleration or delay. Where this Act makes
2		changes in a statute that is represented in this Act by text
3		that is not yet or no longer in effect (for example, a Section
4		represented by multiple versions), the use of that text does
5		not accelerate or delay the taking effect of (i) the changes
6		made by this Act or (ii) provisions derived from any other
7		Public Act.
8		Section 99. Effective date. This Act takes effect upon
9		becoming law.