(A) Restriction and regulation in regard to proximity to churches, schools, hospitals, homes for the aged or indigent persons or for veterans, their wives, or children, or any utility or naval stations. No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school, hospital, home for aged or indigent persons or for veterans, their wives, or children or any utility or naval stations; provided, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs or to restaurants, food shops, or other places where sale of alcoholic liquors is not the principal business carried on, if such place of business so exempted shall have been established for such purpose prior to the taking effect of this chapter. No person shall hereafter engage in business as a retailer of any alcoholic liquor within 100 feet of any undertaking establishments or mortuary.
(B) Restrictions and regulation in regard to video gambling a/k/a gaming parlors selling alcoholic liquors in certain portions of the city.
(1) Prospectively, no further Class A and/or Class B liquor licenses within the city shall be issued within the portion of the Downtown Business District presently designated as the “Potential Downtown Historic District” presently constituted as defined on Exhibit “A” attached to Ord. No. 2700, which is hereby made a part hereof, as the same may be from time to time amended, (hereinafter the “Designated Portion of Downtown”) for any business whose primary source of business activity and/or business revenue is lawful gaming operations as provided within the State of Illinois Consolidated Statutes.
(2) Prospectively any applicant for a Class A and/or Class B license shall be required to designate whether its primary source of business activity and/or business revenue is expected to be related to lawful gaming operations and to provide a copy of the income tax return if requested at any time whether regarding license acquisition and/or retention. The Liquor Commissioner shall have the authority within the exercise of reasonable discretion to determine whether a prospective applicant is likely to have its primary source of business activity and/or business revenue from lawful gambling operations.
(3) In the event that any Class A and/or Class B license should be prospectively issued to any person and/or entity that previously represented that both its primary business activity and business revenue is not lawful gambling, and it is determined that this representation is not accurate, the same shall be grounds for revocation of any license. It is hereby declared by the city that further businesses whose primary source of either business activity or business revenue is lawful gaming operations within the above described designated portion of downtown as the same may be from time to time amended is hereby declared to be a nuisance and detrimental to the best interests of said designated portion of downtown.
(4) It is hereby declared that any presently existing Class A and/or Class B liquor license of the city that presently has as its principal source of either business activity and/or business revenue, lawful gaming operations to be determined within the sole discretion reasonably exercised of the Liquor Commissioner, that as to any such Class A and/or Class B liquor license, it is further declared that the same is neither assignable or transferable nor subject to reissuance to any person and/or entity not presently named on the existing liquor license. As to any liquor license within said designated portion of downtown of the city.
(Ord. 1127, passed 3-9-1987; Ord. 2700, passed 8-28-2017) Penalty, see § 110.99