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Ordinance No. G32-12
AN ORDINANCE
REGARDING A CONDITIONAL USE FOR A CHURCH AT 205 FULTON STREET AND
FUTURE RETAIL LIQUOR LICENSES
WHEREAS, the Illinois Liquor Control Act (235 ILCS 511-1 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 5/6-1 l(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 for a portion of the property commonly known as 205 Fulton
Street, Elgin, Illinois 60120 ("205 Fulton Street"); and
WHEREAS, there is a preexisting license to sell alcoholic liquor at retail for the property
commonly known as 127 S. Grove Avenue, Elgin, Illinois 60120 ("127 S. Grove"); and
WHEREAS, the pre-existing liquor license premises at 127 S. Grove is located within
100 feet of 205 Fulton Street; and
WHEREAS, subsection 6-11(f) of the Illinois Liquor Control Act (235 ILCS 5/6-11(0)
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 adopted 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 licenses. 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
-c
• WHEREAS, both 205 Fulton Street and 127 S. Grove Avenue are located within the CCl
Center City zoning district which is part of the city's downtown area and entertainment 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 205 Fulton Street 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 205 Fulton Street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the foregoing 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.
G33-12 providing for the granting of an initial conditional use (also known as a special use
zoning permit) for a church to be located in the portion of the property commonly known as 205
Fulton Street. 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 205 Fulton Street and future retail liquor licenses to be issued within 100 feet of such
•
premises at 205 Fulton Street.
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 in full force and effect upon its passage in the
manner provided by law.
David J. Ka in,Mayor
Presented: May 9, 2012
Passed: May 9, 2012
Vote: Yeas: 5 Nays: 0
Recorded: May 9, 2012 •
Published: May 11, 2012 uRas�„Ma
Attest:
• Kimberly Dewis, City Clerk ,