Zoning exemptions for Chicago are par for the course, Rep. Peter Breen (R-Lombard) said during House debate April 24 regarding HB5612, sponsored by Rep. Greg Harris (D-Chicago).
Breen noted the bill that would allow for three liquor licenses within the 100-foot limit of church, school and daycare facilities is yet another freedom offered to Chicago.
“There are different rules on liquor in Chicago as against the rest of the state,” Breen said.
Rep. Peter Breen (R-Lombard)
| Photo courtesy Rep. Peter Breen (R-Lombard)
To his understanding, in the rest of the state a liquor establishment cannot be within a 100 feet of a church, Breen said, but Harris wanted to break that rule for Treasure Island Foods in Wilmette.
“Is that within 100 feet of the Chicago border,” Breen questioned, before adding he did not believe that lawmakers had to exempt liquor establishments within 100 feet of a school unless it was a bar.
“I believe the 100-foot exemption applies statewide, representative,” Harris said. “There are some differences in Chicago, but in this case, there would need to be an exemption in the General Assembly for this location.”
Breen said he “literally” believed Treasure Island Foods was not within the 100-foot limit and did not need to written into state law.
“There seems to be a disagreement among lawyers here, which I am not one,” Harris said.
But Breen said he is. “I have litigated the issue,” Breen said.
Breen urged Harris’ staff to look more closely at the location..
“We are overruling the local ordinances on that front,” Breen said.
However, Harris said his staff is confident Treasure Island Foods needs the immunity as well as the two other locations he was seeking exemptions for including the Bryn Mawr Breakfast Club.
“Recently as they see more competition coming into the neighborhood, they see they are at a disadvantage on their brunch business because they don’t have an incidental liquor license,” Harris said.
Again, Breen questioned the needed exemption.
“Every single day on this floor we consider an exemption,” Breen said.
Breen said there were two paths before the General Assembly that could be taken; one, they could continue to exempt Chicago over and over from liquor license rules or they can make a more permanent rule.
“We can change the law so Chicago is treated the way the rest of the state is treated, and that is the easier way to do it,” Breen said, adding he even has a bill to do so.
His argument almost swayed the House Floor, with HB5612 passing on a 59-51 vote. After the vote, Harris moved for postponed consideration.
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