G29-18 Ordinance No. G29-18
AN ORDINANCE
REGARDING A CONDITIONAL USE FOR A CHURCH AT 28 TYLER CREEK PLAZA
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 28 Tyler Creek Plaza,
Elgin, Illinois 60120 ("28 Tyler Creek Plaza"); and
WHEREAS, there is a pre-existing liquor license to sell alcoholic liquor at retail at the
property commonly known as 20 Tyler Creek Plaza, Elgin, Illinois 60120 ("20 Tyler Creek
Plaza"), and
WHEREAS, the pre-existing liquor license premises at 20 Tyler Creek Plaza is located
within 100 feet of 28 Tyler Creek Plaza; 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 licenses. 235 ILCS 5/6-
11 (0 (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 (0); and
WHEREAS, both 28 Tyler Creek Plaza and 20 Tyler Creek Plaza are located within the
AB Area Business District and ARC Arterial Road Corridor Overlay 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 28 Tyler Creek Plaza 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 28 Tyler Creek Plaza.
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.
G28-18 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 28 Tyler Creek Plaza.
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 28 Tyler Creek Plaza
and future retail liquor licenses to be issued within 100 feet of such premises at 28 Tyler Creek
Plaza.
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 full in force and effect upon its passage in the
manner provided by law.
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Davidj. K. . in, ' ayor
Presented: June 27, 2018
Passed: June 27, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: June 27, 2018 11—r /.
Published: June 28, 2018
A es . � Or. •.
Kimberly Dewis, City Jerk D1t
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