G17-16Ordinance No. G17 -16
AN ORDINANCE
REGARDING A CONDITIONAL USE FOR A CHURCH AT 75 MARKET 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- 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 for a portion of the property commonly known as 75 Market
Street, Elgin, Illinois 60123 (75 Market Street'); and
WHEREAS, there is a preexisting license to sell alcoholic liquor at retail for the property
commonly known as 1660 Larkin Avenue, Elgin, Illinois 60123 ("1660 Larkin Avenue "); and
WHEREAS, the pre- existing liquor license premises at 1660 Larkin Avenue is located
within 100 feet of 75 Market Street; and
WHEREAS, subsection 6 -1l(f) of the Illinois Liquor Control Act (235 ILCS 5/6- 1l(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 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 -1 l(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 75 Market Street and 1660 Larkin Avenue are located within the AB
Area Business zoning 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 75 Market 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 75 Market 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.
G13 -16 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 75 Market
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 -1 l(a) shall not apply to the church or church affiliated school at 75 Market Street
and future retail liquor licenses to be issued within 100 feet of such premises at 75 Market Street.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
avid J. Kaptkn,-Mfior
Presented: April 13, 2016
Passed: April 13, 2016
Vote: Yeas: 8 Nays: 1
Recorded: April 13, 2016
Published: April 15, 2016
Attest:
/`,
Kimberly Dewis, City Cl rk