A. Zoning: A license may only be issued for the sale of alcoholic liquor at retail on premises zoned B-3 highway business district pursuant to the village zoning ordinance. (Ord. 865, 5-5-2008)
B. Proximity To Other Uses:
1. No license shall be issued for the sale at retail of any alcoholic liquor within one hundred feet (100') of any church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children or any military or naval station, provided, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where sale of alcoholic liquors is not the principal business carried on, nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within one hundred feet (100') of any church or school where the church or school has been established within such one hundred feet (100') since the issuance of the original license. In the case of a church, the distance of one hundred feet (100') shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries.
2. Nothing in this subsection shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor to a restaurant, the primary business of which is the sale of goods baked on the premises, if: a) the restaurant is newly constructed and located on a lot of not less than ten thousand (10,000) square feet; b) the restaurant costs at least one million dollars ($1,000,000.00) to construct; c) the licensee is the titleholder to the premises and resides on the premises; and d) the construction of the restaurant is completed within eighteen (18) months of the effective date of 235 Illinois Compiled Statutes 5/6-11.
3. Nothing in this subsection shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor incidental to a restaurant if: a) the primary business of the restaurant consists of the sale of food where the sale of liquor is incidental to the sale of food and the applicant is a completely new owner of the restaurant; b) the immediately prior owner or operator of the premises where the restaurant is located operated the premises as a restaurant and held a valid retail license authorizing the sale of alcoholic liquor at the restaurant for at least part of the twenty four (24) months before the change of ownership; and c) the restaurant is located seventy five feet (75') or more from a school.
4. Nothing in this subsection shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors.
5. Notwithstanding any provision in this subsection to the contrary, nothing in this subsection shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor at a theater that is within one hundred feet (100') of a church if: a) the church owns the theater; b) the church leases the theater to one or more entities; and c) the theater is used by at least five (5) different not for profit theater groups.
C. Change Of Location: Any license issued hereunder shall permit the sale of alcoholic liquor only in the premises described in the application and license. Such location may be changed only upon the written permit to make such change issued by the local liquor control commissioner. No change of location shall be permitted unless the proposed site for the new location is a proper one for the retail sale of alcoholic liquor. (Ord. 774, 12-4-2000; amd. 2012 Code)