Thursday, July 25, 2019

Proposed Liquor Store Location On Broadway Will Require Special Exemption



Regarding the request for a new liquor store at 4635 North Broadway, and the meeting about it tonight, we're amplifying some new information that a couple of readers brought up on UU's Facebook page.

One reader said, "Can a liquor store be next to a church?" and posted a photo of the sign for the church that's located in the building next door to the proposed new liquor store.

House of Prayer meets in the back of the building where Elim Wigs is, which would violate the city's traditional regulation that there can be no liquor sales within 100' of a place of worship (or a school, or a home for the elderly, or a homeless shelter).

Another reader posted in response:
"Regarding the proposed store's distance from the House of Prayer church: The folks at BACP [Business Affairs and Consumer Protection] spent some time walking me through the city's liquor licensing process because some laws at the state and city levels concerning the minimum distance from churches changed within the past year.

The store and church are too close for the applicant to receive a liquor license straight up; they would need to apply for an exemption, which the new laws permit.

The City's Liquor Control Commissioner can reduce the distance requirement if he concludes that the liquor store's close proximity would not detrimentally impact the church. Factors which the commissioner may consider include the size of the store and the size of the church, hours of operation, police and aldermanic input, and the measures the applicant proposes to maintain quiet and security.

These proposed measures would be incorporated into the applicant's plan of operation - which becomes attached to the liquor license and is enforceable by law."

6 comments:

  1. Do we really need a stand alone liquor store when we already have Provisions (next to the Uptown Theater), Target, Aldi, Jewel, and another liquor store a few blocks south on Broadway by Montross Ave. Also, won't the proposed Chicago Market in the Gerber building also sell alcohol (according to the plans released recently)?

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  2. WE DON’T NEED A LIQUOR STORE JUST GONNA HAVE A BUNCH OF GANG BANGERS HANGING OUT IN FRONT DID WE VOTE IT DRY A FEW YEARS AGO PLEASE!!!!!!!

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  3. I don't understand why a church is even in the equation? I could see a problem if a liquor store was close to a school, or maybe a daycare for kids.. but why is a church a problem?

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    1. Agreed. Why are we even considering a church in the equation.

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  4. Brad - agree with you 100%. What happened to separation of church and state?

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  5. This is the Chicago ordinance, in part, amended in 2018. You can look up the September 20th, 2018 amendments to Sections 4-60-010 and 4-60-020 of the Municipal Code if you want to be all lawyer-like.

    This language was added:

    ""Affected institution" means any church, temple, synagogue or other place of worship, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children, any military or naval station, or any branch of the Chicago Public library open to the public, with the exception of the main and regional libraries."

    It goes on:

    "4-60-020 License required - Restricted areas.

    (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. [This language was added} 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."

    It goes on to say that an applicant who wants to put a liquor store closer than that 100 feet must let the "affected institution" know, and the liquor commissioner will decide if an exemption is allowed, taking into account many factors, including hours of operation, distance, time of use, the alderman's opinion, etc.

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