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Borat on Wine, and the 100ft Liquor Rule. |

This article is one of a series of articles related to BYOB restaurants, liquor laws, and Chicago liquor licensing.

Why are there so many Chicago BYOB Restaurants

Chicago BYOB Corkage Fees Are Illegal?

Obscure Liquor Laws

Is there such thing as a Chicago BYOB License?

To start, I came across this video the other day.  Amazing stuff. Part of this was in the movie, right? Or is it all from Ali G?

Now, totally unrelated to Borat… I thought I’d share some findings from sifting through the IL and Chicago liquor rules a few weeks ago.  The IL Liquor Control Act of 1934 defines IL law related to distribution, sales, licensing, taxation, and warehousing of alcohol in the state.  This Act is continually revised as lawmakers see fit (e.g., accept bribes from businesses, crack down on gang activity, etc).   One of the rules in IL is that retail sales of alcohol are not allowed within 100 feet of churches, schools, or hospitals.  (Interesting to note that the homes of veterans, their children, or their spouses are also alcohol-free zones in the same way that churches are.)

I’m not sure when the 100 ft. rule first took affect, but the current Act is about 4 pages long.  The funny thing is, almost every bit of these four pages is focused on the various circumstances where this law does not apply.  Now I don’t spend my days digging through public law, so I’m not sure if everything passed by Congress looks like this, but I’m assuming it does.  That’s why the federal tax code is aparently 16,845 pages long, with over 9 million words.  Here’s a funny tidbit from revisions to the 100ft rule in recent years:

“In the interest of further developing Illinois’ economy in the area of commerce, tourism, convention, and banquet business, nothing in this Section shall prohibit issuance of a retail license authorizing the sale of alcoholic beverages to….(exclusions…) or in a grocery store having a minimum of 56,010 square feet of floor space in a single story building in an open mall of at least 3.96 acres that is adjacent to a public school that opened as a boys technical high school in 1934″.

Wouldn’t it be easier if they just said “yeah, Joe’s Liquor Mart is excluded.”  I assume Joe’s Liquor Mart gave the state a lot of money, or maybe they were owed a favor somehow.  Or maybe they just complained a lot.  But as we’ve all had a good taste of the corruption in IL and Chicago recently, I think we can reasonably doubt that someone just complained.  I was interested in figuring out what prompted this exclusion. Who is Joe’s Liquor Mart (yeah I just made that name up)?

Jewel on the left. Lane Tech on the right.

Jewel on the left. Lane Tech on the right.

I put on my sneaky detective hat, and searched the internet to see what “boys technical school” they were referring to.  The first thing that pops up on google is Lane Tech.  Lane Tech is a technical college prep school in Chicago, and one of the oldest schools in the city – it also opened in its current location in 1934.  I am hot on the trail.  Next, I pulled up google maps and did a search for grocery stores in the area.  Indeed, as suspected, there is a large grocery store in a single story building in an open mall adjacent to Lane Tech – a Jewel Osco, in fact.

Why was this Jewel excluded from the liquor law?  I have no idea, but I think it would be pretty interesting to see how all of these exclusions make their way into the law books.

I’d also like to say “you’re welcome” for pointing out this liquor-law-loophole.  If you were by any chance planning on opening a 56,010 square foot grocery store in a single store building in a 3.96 acre mall immediately next to school or church (just to tempt young children and the faithful), it is your lucky day.  Just build your store right next to a building that opened as a boys technical school in 1934, and you are golden!

I also discovered something else very disturbing during my google street-view mission.  Right next to Lane Tech, a Party City.  How can we expect our brightest youth to flourish when they are surrounded by booze and parties, and party cities.  We must pray for Lane Tech.

Party City.

Party City.

Author: Michael Siegler | Category: Liquor Law | Tags: , , , , , , |
Julkgq says... 11-21-2011 at 5:50pm

I just put your weblog site to my blogroll, I wish you would give some thought to doing the same.

As a final note , permit me thank you for your patience with my English as (I’m convinced you have figured this by now,), English is not my initial tongue therefore I am using Google Translate to form out what to enter what I actually have in mind to write down .

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Chicago Liquor Law – BYOB license? |

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This article is one of a series of articles related to BYOB restaurants, liquor laws, and Chicago liquor licensing.

Why are there so many Chicago BYOB Restaurants

Chicago BYOB Corkage Fees Are Illegal?

Obscure Liquor Laws

Is there such thing as a Chicago BYOB License?

Throughout the last several months of launching WineMcGee, I’ve learned a lot about the liquor laws of Chicago, IL, and the US as a whole.  I’m going to kick off The Bottle Topper with a series of posts on the laws as I understand them, and explain some interesting aspects that affect our everyday lives:

  • Why are there so few late night bars?  I love Beaumonts like everyone else (what? you don’t love it??), but choosing between Beaumonts and Big City Tap (aka “The Big Shitty”) seems like a crime.
  • Why are there so many Chicago BYOB Restaurants?
  • Is it illegal for a BYOB to charge a corkage fee?
  • Is your favorite happy hour spot in Chicago doing something illegal?
  • After your BYOB dinner, can you take an unfinished bottle of wine home with you?
  • The big Illinois wine shipping debate.  Did Blagojevich screw us again?

Whatever you do, don’t take these articles as a substitute for consulting with your lawyer.  They are not meant to provide legal advice and I have absolutely no credentials in the field of law (although I did once stay at a holiday inn express).

Today I’m going to provide an overview of Chicago liquor licensing, and discuss the laws that relate to BYOB.

First, a little bit of background on alcohol law: Throughout the US, like many of the rules that govern our lives, alcohol is governed by a combination of federal, state, and local county and municipality laws.  While there is certainly a lively debate raging over the limits of state regulatory power pertaining to alcohol (see http://www.specialtywineretailers.org/illinois.html), the Twenty First Amendment to the constitution is generally thought to grant the states fairly broad powers to regulate the importation, sale, distribution and consumption of alcohol.  The state then has the power to grant certain authorities to each municipality.  The city of Chicago has been granted rights to regulate the retail sale of alcohol within the city.

Each business in Chicago that sells alcohol is required to obtain both an Illinois liquor license, and a Chicago liquor license.  In Chicago there are actually nine types of liquor licenses (niiiine times.  niiiine times.  Name the movie.)  There are different licenses for liquor stores, restaurants, taverns, patios, and late-night places.  If you want to see the full details you can check out this PDF guide:  Chicago Liquor Application Guide

What about the license for BYOB restaurants?  There is no such license.  If a restaurant wants to allow BYOB, they can.  While the Illinois Municipal Code grants each municipality the ability to license and regulate BYOB restaurants (see 65 ILCS 5/11-42-10.1), it appears as though Chicago has, at least for the time being, chosen not to do so.  For that reason, and because I enjoy drinking other people’s wine more than purchasing my own, I am officially declaring my apartment a BYOB.

Not all surrounding cities feel the same way about BYOB.  In some areas there are ordinances in place to prohibit BYOB at certain places, like strip clubs.  If you grew up in the suburbs like me, you probably know of Diamonds Gentlemen’s Club (just from the outside).  Because there were two DUI-related deaths and a murder at the club (yeah, you probably want to stay away), DuPage County approved a measure to ban the BYOB allowance at strip clubs. (see DuPage County should ban BYOB policies at strip clubs)

But we live in Chicago, and here everything goes.  Except maybe charging for corkage.  We’ll investigate that later.

(any lawyer types out there see any inacuracies or have something to add?  Let us know.)

Author: Michael Siegler | Category: Liquor Law | Tags: , , |
Winosewer says... 9-17-2009 at 3:50pm

I like the way you mix in the facts with your sense of humor. Keep writing like this and I think you’ll find a broad following. Keep up the good work.

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