(a) No person shall sell at retail any alcoholic liquor without first having obtained a city retailer's license for each premises where the retailer is located to sell the same.
(b) No license shall be issued for the sale of alcoholic liquor, for consumption on the premises, in those areas designated by the Chicago Zoning Ordinance as a B3 District, if the premises sought to be licensed are within 400 feet of existing premises licensed for the sale of alcoholic liquor; said measurement shall be from property line to property line, for consumption on the premises; provided, however, that this prohibition shall not apply to hotels offering restaurant service, restaurants or clubs; nor to the renewal for issuance of a license for the sale of alcoholic liquor for consumption on the premises, where said place of business was established and licensed prior to the effective date of the ordinance codified in this chapter and has operated continuously subsequent to the effective date of the ordinance codified in this chapter.
(c) No license shall be issued to any person if the premises described in the license application are contained in a building or structure located in any B2 through B3 District that was previously licensed for the sale of alcoholic liquor, but which is vacant or unused and unlicensed for a continuous period of six months where the issuance of such license would constitute a nonconforming use in the district in which the building or structure is located.
(d) In addition to the restrictions cited in Section 6-11 of the Illinois Liquor Control Act of 1934, as amended, no license shall be issued for the sale of retail alcoholic liquor within 100 feet of any affected institution. Said measurement shall be from property line to property line. In the case of a place of worship, 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
(1) The local liquor control commissioner (for purposes of this subsection (d), "commissioner") may grant a reduction of the distance requirement in this subsection (d) if, based on a review of relevant factors, he concludes that such a reduction would not detrimentally impact the affected institution. The grant of a distance reduction shall not exempt the applicant from any application requirement associated with issuance of a liquor license.
(2) Factors which the commissioner may consider with regard to an application for a distance reduction include, by way of example and not limitation: (i) the type of activity to be conducted at the establishment and the days and times during which such activity will take place, (ii) the size of the establishment and of the affected institution, (iii) the availability of adequate parking for patrons of both the establishment and the affected institution, (iv) whether the license sought is for consumption on premises or for package goods, (v) a report from the police regarding the location, as well as the history of activity conducted at or in conjunction with the premises and any associated infractions or violations of the municipal code, (vi) the relevant geography, (vii) the legal nature and history of the applicant, and (viii) the measures the applicant proposes to implement to maintain quiet and security in conjunction with the establishment.
(3) An applicant seeking a distance requirement reduction shall make a written submission to the commissioner as part of the liquor license application process, presenting all factors which the applicant believes to be relevant to whether a reduction is appropriate. The applicant shall provide a copy of the written submission to the affected institution. Upon receiving a submission for a distance requirement reduction, the commissioner shall notify the affected alderman and solicit a recommendation based on the alderman’s analysis of relevant factors, and may seek additional information or supplementary proof from the applicant, and may also solicit information from the community and other public officials. The commissioner shall review the information provided to him and shall incorporate his decision regarding a distance reduction into his decision regarding whether to grant or deny the license.
(4) If the commissioner grants the application for a reduction, those factors that he deemed relevant to the determination may in his judgment be included in a plan of conduct. If the liquor license is granted, any such plan of conduct shall be deemed a part of the license, and compliance with the plan of conduct shall be a necessary condition to the continued validity of the license. Failure to comply with one or more elements of the plan of conduct shall subject the licensee to suspension or revocation of the liquor license.
(e) Where two or more premises are under the same roof or at one street address, a separate city retailer's license shall be obtained for each such premises; provided, that nothing herein contained shall be so construed as to prevent any hotel operator licensed under the provisions of this chapter from serving alcoholic liquor to his registered guests in any room or part of his hotel.
(f) The issuance to or possession by any person of a retail liquor dealer tax stamp issued for a then-existing tax period by the United States government or any of its agencies shall be and constitute prima facie evidence that such person is subject to the provisions of this chapter.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 1-12-93, pp. 27820, 27823, 27825, 27827, 27830; 2-10-93, pp. 28493, 28495; 3-8-93, pp. 29475, 29478, 29479, 29480, 29482; 3-26-93, pp. 30318, 30321, 30323; Amend Coun. J. 6-23-93, p. 34400; Amend Coun. J. 6-14-95, p. 3091; Amend Coun. J. 3-5-03, p. 104990, § 2; Amend Coun. J. 6-23-04, p. 27005, § 1; Amend Coun. J. 5-9-07, p. 105047, § 3; Amend Coun. J. 9-5-07, p. 6870 § 1; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 3-18-15, p. 103943, § 1; Amend Coun. J. 4-10-19, p. 99046, § 1)