HomeMy WebLinkAboutG60-21 Ordinance No. G60-21
AN ORDINANCE
REGARDING A CONDITIONAL USE FOR A CHURCH AT 115 SOUTH GROVE AVENUE,
SUITE 210-211 AND FUTURE RETAIL LIQUOR LICENSES
WHEREAS, the Illinois Liquor Control Act (235 ILCS 5/1-1 et seq.) contains certain
regulations pertaining to the location of liquor license establishments in close proximity to
churches and schools; and
WHEREAS, subsection 6-11 (a) of the Illinois Liquor Control Act (235 ILCS 5/6-11 (a))
provides in relevant part that no license shall be issued for the sale or retail of any alcoholic liquor
within one hundred feet of any church; and
WHEREAS, written application has been made requesting conditional use (also known as
a special use)approval for a church at the property commonly known as 115 South Grove Avenue,
Suite 210-211, Elgin, Illinois 60120 ("115 South Grove Avenue, Suite 210-211"); and
WHEREAS, there is a pre-existing liquor license to sell alcoholic liquor at retail at the
property commonly known as 200 Prairie Street, Elgin, Illinois 60120 ("200 Prairie Street"), and
WHEREAS,the pre-existing liquor license premises at 200 Prairie Street is located within
100 feet of 110-115 South Grove Avenue, Suite 210-211; and
WHEREAS, subsection 6-11 (f) of the Illinois Liquor Control Act (235 ILCS 5/6-11 )f))
specifically addresses situations in which a church seeks to locate within 100 feet of a property
having a preexisting liquor license as follows:
Nothing in this Section shall prohibit a church or church affiliated school located in a home
rule municipality or in a municipality with 75,000 or more inhabitants from locating within
100 feet of a property for which there is a preexisting license to sell alcoholic liquor at
retail. In these instances, the local zoning authority may, by ordinance adopt
simultaneously with the granting of an initial special use zoning permit for the church or
church affiliated school,provide that the 100 foot restriction in this Section shall not apply
to that church or church affiliated school and future retail liquor license. 235 ILCS 5/6-11
(f) (emphasis supplied).
WHEREAS, the City of Elgin is both a home rule municipality and is a municipality with
75,000 or more inhabitants; and
WHEREAS,the City Council of the City of Elgin is the local zoning authority for the City
of Elgin; and
WHEREAS, the granting of a conditional use approval under the City of Elgin's zoning
ordinance is equivalent to and is the same as a special use zoning permit referred to in subsection
6-11 (f) of the Illinois Liquor Control Act(235 ILCS 5/6-11 (f)); and
WHEREAS, both 115 South Grove Avenue, Suite 210-211 and 200 Prairie Street are
located within the CC1 Center City District; and
WHEREAS, the City Council of the City of Elgin has determined that it is necessary and
desirable to adopt this ordinance simultaneously with the granting of a conditional use for the
church at 115 South Grove Avenue, Suite 210-211 whereby the 100-foot restriction in Section 6-
11 (a) of the Illinois Liquor Control Act shall not apply to any church or church affiliated school
and future retail liquor licenses within 100 feet of 115 South Grove Avenue, Suite 210-211.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the forgoing recitals are hereby incorporated into this ordinance in their
entirety as if fully set forth in this section.
Section 2. That this ordinance is being adopted simultaneously with Ordinance No.
G55-21 providing for the granting of an initial conditional sue(also known as a special use zoning
permit) for a church to be located at the property commonly known as 115 South Grove Avenue,
Suite 210-211.Pursuant to 235 ILCS 5/6-11 (f),the 100-foot restriction for the issuance of a liquor
license to sell alcoholic liquor at retail within 100 feet of a church or church affiliated school
provided for in 235 ILCS 5/6-11 (a)shall not apply to the church or church affiliated school at 115
South Grove Avenue, Suite 210-211, and future retail liquor licenses to be issued within 100 feet
of such premises at 115 South Grove Avenue, Suite 210-211.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 4. That this ordinance shall be full in force and effect upon its passage in the
manner provided by law.
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Presented: November 3, 2021
Passed: November 3, 2021
Omnibus Vote: Yeas: 9 Nays: 0 ti
Recorded: November 3, 2021 �"
Published: November 5, 2021 r..,,.,~ �
Attes •
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Kimberly Dewis, ity Clerk
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