093_HB2201ham004
LRB093 06405 LRD 13800 a
1 AMENDMENT TO HOUSE BILL 2201
2 AMENDMENT NO. . Amend House Bill 2201, AS AMENDED,
3 in the introductory portion of Section 5, by replacing
4 "Section 5-2" with "Sections 5-2 and 6-15"; and
5 in Section 5, by inserting the following after the end of
6 Sec. 5-2:
7 "(235 ILCS 5/6-15) (from Ch. 43, par. 130)
8 Sec. 6-15. No alcoholic liquors shall be sold or
9 delivered in any building belonging to or under the control
10 of the State or any political subdivision thereof except as
11 provided in this Act. The corporate authorities of any city,
12 village, incorporated town or township may provide by
13 ordinance, however, that alcoholic liquor may be sold or
14 delivered in any specifically designated building belonging
15 to or under the control of the municipality or township, or
16 in any building located on land under the control of the
17 municipality; provided that such township complies with all
18 applicable local ordinances in any incorporated area of the
19 township. Alcoholic liquors may be delivered to and sold at
20 any airport belonging to or under the control of a
21 municipality of more than 25,000 inhabitants, or in any
22 building or on any golf course owned by a park district
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1 organized under the Park District Code, subject to the
2 approval of the governing board of the district, or in any
3 building or on any golf course owned by a forest preserve
4 district organized under the Downstate Forest Preserve
5 District Act, subject to the approval of the governing board
6 of the district, or on the grounds within 500 feet of any
7 building owned by a forest preserve district organized under
8 the Downstate Forest Preserve District Act during times when
9 food is dispensed for consumption within 500 feet of the
10 building from which the food is dispensed, subject to the
11 approval of the governing board of the district, or in a
12 building owned by a Local Mass Transit District organized
13 under the Local Mass Transit District Act, subject to the
14 approval of the governing Board of the District, or in
15 Bicentennial Park, or on the premises of the City of Mendota
16 Lake Park located adjacent to Route 51 in Mendota, Illinois,
17 or on the premises of Camden Park in Milan, Illinois, or in
18 the community center owned by the City of Loves Park that is
19 located at 1000 River Park Drive in Loves Park, Illinois, or,
20 in connection with the operation of an established food
21 serving facility during times when food is dispensed for
22 consumption on the premises, and at the following aquarium
23 and museums located in public parks: Art Institute of
24 Chicago, Chicago Academy of Sciences, Chicago Historical
25 Society, Field Museum of Natural History, Museum of Science
26 and Industry, DuSable Museum of African American History,
27 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
28 Museum of Arts and Sciences in Peoria, or in connection with
29 the operation of the facilities of the Chicago Zoological
30 Society or the Chicago Horticultural Society on land owned by
31 the Forest Preserve District of Cook County, or on any land
32 used for a golf course or for recreational purposes owned by
33 the Forest Preserve District of Cook County, subject to the
34 control of the Forest Preserve District Board of
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1 Commissioners and applicable local law, provided that dram
2 shop liability insurance is provided at maximum coverage
3 limits so as to hold the District harmless from all financial
4 loss, damage, and harm, or in any building located on land
5 owned by the Chicago Park District if approved by the Park
6 District Commissioners, or on any land used for a golf course
7 or for recreational purposes and owned by the Illinois
8 International Port District if approved by the District's
9 governing board, or at any airport, golf course, faculty
10 center, or facility in which conference and convention type
11 activities take place belonging to or under control of any
12 State university or public community college district,
13 provided that with respect to a facility for conference and
14 convention type activities alcoholic liquors shall be limited
15 to the use of the convention or conference participants or
16 participants in cultural, political or educational activities
17 held in such facilities, and provided further that the
18 faculty or staff of the State university or a public
19 community college district, or members of an organization of
20 students, alumni, faculty or staff of the State university or
21 a public community college district are active participants
22 in the conference or convention, or in Memorial Stadium on
23 the campus of the University of Illinois at Urbana-Champaign
24 during games in which the Chicago Bears professional football
25 team is playing in that stadium during the renovation of
26 Soldier Field, not more than one and a half hours before the
27 start of the game and not after the end of the third quarter
28 of the game, or by a catering establishment which has rented
29 facilities from a board of trustees of a public community
30 college district, or, if approved by the District board, on
31 land owned by the Metropolitan Sanitary District of Greater
32 Chicago and leased to others for a term of at least 20 years.
33 Nothing in this Section precludes the sale or delivery of
34 alcoholic liquor in the form of original packaged goods in
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1 premises located at 500 S. Racine in Chicago belonging to the
2 University of Illinois and used primarily as a grocery store
3 by a commercial tenant during the term of a lease that
4 predates the University's acquisition of the premises; but
5 the University shall have no power or authority to renew,
6 transfer, or extend the lease with terms allowing the sale of
7 alcoholic liquor; and the sale of alcoholic liquor shall be
8 subject to all local laws and regulations. After the
9 acquisition by Winnebago County of the property located at
10 404 Elm Street in Rockford, a commercial tenant who sold
11 alcoholic liquor at retail on a portion of the property under
12 a valid license at the time of the acquisition may continue
13 to do so for so long as the tenant and the County may agree
14 under existing or future leases, subject to all local laws
15 and regulations regarding the sale of alcoholic liquor. Each
16 facility shall provide dram shop liability in maximum
17 insurance coverage limits so as to save harmless the State,
18 municipality, State university, airport, golf course, faculty
19 center, facility in which conference and convention type
20 activities take place, park district, Forest Preserve
21 District, public community college district, aquarium,
22 museum, or sanitary district from all financial loss, damage
23 or harm. Alcoholic liquors may be sold at retail in buildings
24 of golf courses owned by municipalities in connection with
25 the operation of an established food serving facility during
26 times when food is dispensed for consumption upon the
27 premises. Alcoholic liquors may be delivered to and sold at
28 retail in any building owned by a fire protection district
29 organized under the Fire Protection District Act, provided
30 that such delivery and sale is approved by the board of
31 trustees of the district, and provided further that such
32 delivery and sale is limited to fundraising events and to a
33 maximum of 6 events per year.
34 Alcoholic liquor may be delivered to and sold at retail
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1 in the Dorchester Senior Business Center owned by the Village
2 of Dolton if the alcoholic liquor is sold or dispensed only
3 in connection with organized functions for which the planned
4 attendance is 20 or more persons, and if the person or
5 facility selling or dispensing the alcoholic liquor has
6 provided dram shop liability insurance in maximum limits so
7 as to hold harmless the Village of Dolton and the State from
8 all financial loss, damage and harm.
9 Alcoholic liquors may be delivered to and sold at retail
10 in any building used as an Illinois State Armory provided:
11 (i) the Adjutant General's written consent to the
12 issuance of a license to sell alcoholic liquor in such
13 building is filed with the Commission;
14 (ii) the alcoholic liquor is sold or dispensed only
15 in connection with organized functions held on special
16 occasions;
17 (iii) the organized function is one for which the
18 planned attendance is 25 or more persons; and
19 (iv) the facility selling or dispensing the
20 alcoholic liquors has provided dram shop liability
21 insurance in maximum limits so as to save harmless the
22 facility and the State from all financial loss, damage or
23 harm.
24 Alcoholic liquors may be delivered to and sold at retail
25 in the Chicago Civic Center, provided that:
26 (i) the written consent of the Public Building
27 Commission which administers the Chicago Civic Center is
28 filed with the Commission;
29 (ii) the alcoholic liquor is sold or dispensed only
30 in connection with organized functions held on special
31 occasions;
32 (iii) the organized function is one for which the
33 planned attendance is 25 or more persons;
34 (iv) the facility selling or dispensing the
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1 alcoholic liquors has provided dram shop liability
2 insurance in maximum limits so as to hold harmless the
3 Civic Center, the City of Chicago and the State from all
4 financial loss, damage or harm; and
5 (v) all applicable local ordinances are complied
6 with.
7 Alcoholic liquors may be delivered or sold in any
8 building belonging to or under the control of any city,
9 village or incorporated town where more than 75% of the
10 physical properties of the building is used for commercial or
11 recreational purposes, and the building is located upon a
12 pier extending into or over the waters of a navigable lake or
13 stream or on the shore of a navigable lake or stream.
14 Alcoholic liquor may be sold in buildings under the control
15 of the Department of Natural Resources when written consent
16 to the issuance of a license to sell alcoholic liquor in such
17 buildings is filed with the Commission by the Department of
18 Natural Resources. Notwithstanding any other provision of
19 this Act, alcoholic liquor sold by a United States Army Corps
20 of Engineers or Department of Natural Resources
21 concessionaire who was operating on June 1, 1991 for
22 on-premises consumption only is not subject to the provisions
23 of Articles IV and IX. Beer and wine may be sold on the
24 premises of the Joliet Park District Stadium owned by the
25 Joliet Park District when written consent to the issuance of
26 a license to sell beer and wine in such premises is filed
27 with the local liquor commissioner by the Joliet Park
28 District. Beer and wine may be sold in buildings on the
29 grounds of State veterans' homes when written consent to the
30 issuance of a license to sell beer and wine in such buildings
31 is filed with the Commission by the Department of Veterans'
32 Affairs, and the facility shall provide dram shop liability
33 in maximum insurance coverage limits so as to save the
34 facility harmless from all financial loss, damage or harm.
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1 Such liquors may be delivered to and sold at any property
2 owned or held under lease by a Metropolitan Pier and
3 Exposition Authority or Metropolitan Exposition and
4 Auditorium Authority.
5 Beer and wine may be sold and dispensed at professional
6 sporting events and at professional concerts and other
7 entertainment events conducted on premises owned by the
8 Forest Preserve District of Kane County, subject to the
9 control of the District Commissioners and applicable local
10 law, provided that dram shop liability insurance is provided
11 at maximum coverage limits so as to hold the District
12 harmless from all financial loss, damage and harm.
13 Nothing in this Section shall preclude the sale or
14 delivery of beer and wine at a State or county fair or the
15 sale or delivery of beer or wine at a city fair in any
16 otherwise lawful manner.
17 Alcoholic liquors may be sold at retail in buildings in
18 State parks under the control of the Department of Natural
19 Resources, provided:
20 a. the State park has overnight lodging facilities
21 with some restaurant facilities or, not having overnight
22 lodging facilities, has restaurant facilities which serve
23 complete luncheon and dinner or supper meals,
24 b. consent to the issuance of a license to sell
25 alcoholic liquors in the buildings has been filed with
26 the commission by the Department of Natural Resources,
27 and
28 c. the alcoholic liquors are sold by the State park
29 lodge or restaurant concessionaire only during the hours
30 from 11 o'clock a.m. until 12 o'clock midnight.
31 Notwithstanding any other provision of this Act,
32 alcoholic liquor sold by the State park or restaurant
33 concessionaire is not subject to the provisions of
34 Articles IV and IX.
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1 Alcoholic liquors may be sold at retail in buildings on
2 properties under the control of the Historic Sites and
3 Preservation Division of the Historic Preservation Agency or
4 the Abraham Lincoln Presidential Library and Museum provided:
5 a. the property has overnight lodging facilities
6 with some restaurant facilities or, not having overnight
7 lodging facilities, has restaurant facilities which serve
8 complete luncheon and dinner or supper meals,
9 b. consent to the issuance of a license to sell
10 alcoholic liquors in the buildings has been filed with
11 the commission by the Historic Sites and Preservation
12 Division of the Historic Preservation Agency or the
13 Abraham Lincoln Presidential Library and Museum, and
14 c. the alcoholic liquors are sold by the lodge or
15 restaurant concessionaire only during the hours from 11
16 o'clock a.m. until 12 o'clock midnight.
17 The sale of alcoholic liquors pursuant to this Section
18 does not authorize the establishment and operation of
19 facilities commonly called taverns, saloons, bars, cocktail
20 lounges, and the like except as a part of lodge and
21 restaurant facilities in State parks or golf courses owned by
22 Forest Preserve Districts with a population of less than
23 3,000,000 or municipalities or park districts.
24 Alcoholic liquors may be sold at retail in the
25 Springfield Administration Building of the Department of
26 Transportation and the Illinois State Armory in Springfield;
27 provided, that the controlling government authority may
28 consent to such sales only if
29 a. the request is from a not-for-profit
30 organization;
31 b. such sales would not impede normal operations of
32 the departments involved;
33 c. the not-for-profit organization provides dram
34 shop liability in maximum insurance coverage limits and
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1 agrees to defend, save harmless and indemnify the State
2 of Illinois from all financial loss, damage or harm;
3 d. no such sale shall be made during normal working
4 hours of the State of Illinois; and
5 e. the consent is in writing.
6 Alcoholic liquors may be sold at retail in buildings in
7 recreational areas of river conservancy districts under the
8 control of, or leased from, the river conservancy districts.
9 Such sales are subject to reasonable local regulations as
10 provided in Article IV; however, no such regulations may
11 prohibit or substantially impair the sale of alcoholic
12 liquors on Sundays or Holidays.
13 Alcoholic liquors may be provided in long term care
14 facilities owned or operated by a county under Division 5-21
15 or 5-22 of the Counties Code, when approved by the facility
16 operator and not in conflict with the regulations of the
17 Illinois Department of Public Health, to residents of the
18 facility who have had their consumption of the alcoholic
19 liquors provided approved in writing by a physician licensed
20 to practice medicine in all its branches.
21 Alcoholic liquors may be delivered to and dispensed in
22 State housing assigned to employees of the Department of
23 Corrections. No person shall furnish or allow to be furnished
24 any alcoholic liquors to any prisoner confined in any jail,
25 reformatory, prison or house of correction except upon a
26 physician's prescription for medicinal purposes.
27 Alcoholic liquors may be sold at retail or dispensed at
28 the Willard Ice Building in Springfield, at the State Library
29 in Springfield, and at Illinois State Museum facilities by
30 (1) an agency of the State, whether legislative, judicial or
31 executive, provided that such agency first obtains written
32 permission to sell or dispense alcoholic liquors from the
33 controlling government authority, or by (2) a not-for-profit
34 organization, provided that such organization:
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1 a. Obtains written consent from the controlling
2 government authority;
3 b. Sells or dispenses the alcoholic liquors in a
4 manner that does not impair normal operations of State
5 offices located in the building;
6 c. Sells or dispenses alcoholic liquors only in
7 connection with an official activity in the building;
8 d. Provides, or its catering service provides, dram
9 shop liability insurance in maximum coverage limits and
10 in which the carrier agrees to defend, save harmless and
11 indemnify the State of Illinois from all financial loss,
12 damage or harm arising out of the selling or dispensing
13 of alcoholic liquors.
14 Nothing in this Act shall prevent a not-for-profit
15 organization or agency of the State from employing the
16 services of a catering establishment for the selling or
17 dispensing of alcoholic liquors at authorized functions.
18 The controlling government authority for the Willard Ice
19 Building in Springfield shall be the Director of the
20 Department of Revenue. The controlling government authority
21 for Illinois State Museum facilities shall be the Director of
22 the Illinois State Museum. The controlling government
23 authority for the State Library in Springfield shall be the
24 Secretary of State.
25 Alcoholic liquors may be delivered to and sold at retail
26 or dispensed at any facility, property or building under the
27 jurisdiction of the Historic Sites and Preservation Division
28 of the Historic Preservation Agency or the Abraham Lincoln
29 Presidential Library and Museum where the delivery, sale or
30 dispensing is by (1) an agency of the State, whether
31 legislative, judicial or executive, provided that such agency
32 first obtains written permission to sell or dispense
33 alcoholic liquors from a controlling government authority, or
34 by (2) a not-for-profit organization provided that such
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1 organization:
2 a. Obtains written consent from the controlling
3 government authority;
4 b. Sells or dispenses the alcoholic liquors in a
5 manner that does not impair normal workings of State
6 offices or operations located at the facility, property
7 or building;
8 c. Sells or dispenses alcoholic liquors only in
9 connection with an official activity of the
10 not-for-profit organization in the facility, property or
11 building;
12 d. Provides, or its catering service provides, dram
13 shop liability insurance in maximum coverage limits and
14 in which the carrier agrees to defend, save harmless and
15 indemnify the State of Illinois from all financial loss,
16 damage or harm arising out of the selling or dispensing
17 of alcoholic liquors.
18 The controlling government authority for the Historic
19 Sites and Preservation Division of the Historic Preservation
20 Agency shall be the Director of the Historic Sites and
21 Preservation, and the controlling government authority for
22 the Abraham Lincoln Presidential Library and Museum shall be
23 the Director of the Abraham Lincoln Presidential Library and
24 Museum.
25 Alcoholic liquors may be sold at retail or dispensed at
26 the James R. Thompson Center in Chicago and 222 South College
27 Street in Springfield, Illinois by (1) a commercial tenant or
28 subtenant conducting business on the premises under a lease
29 made pursuant to Section 405-315 of the Department of Central
30 Management Services Law (20 ILCS 405/405-315), provided that
31 such tenant or subtenant who sells or dispenses alcoholic
32 liquors shall procure and maintain dram shop liability
33 insurance in maximum coverage limits and in which the carrier
34 agrees to defend, indemnify and save harmless the State of
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1 Illinois from all financial loss, damage or harm arising out
2 of the sale or dispensing of alcoholic liquors, or by (2) an
3 agency of the State, whether legislative, judicial or
4 executive, provided that such agency first obtains written
5 permission to sell or dispense alcoholic liquors from the
6 Director of Central Management Services, or by (3) a
7 not-for-profit organization, provided that such organization:
8 a. Obtains written consent from the Department of
9 Central Management Services;
10 b. Sells or dispenses the alcoholic liquors in a
11 manner that does not impair normal operations of State
12 offices located in the building;
13 c. Sells or dispenses alcoholic liquors only in
14 connection with an official activity in the building;
15 d. Provides, or its catering service provides, dram
16 shop liability insurance in maximum coverage limits and
17 in which the carrier agrees to defend, save harmless and
18 indemnify the State of Illinois from all financial loss,
19 damage or harm arising out of the selling or dispensing
20 of alcoholic liquors.
21 Nothing in this Act shall prevent a not-for-profit
22 organization or agency of the State from employing the
23 services of a catering establishment for the selling or
24 dispensing of alcoholic liquors at functions authorized by
25 the Director of Central Management Services.
26 Alcoholic liquors may be sold or delivered at any
27 facility owned by the Illinois Sports Facilities Authority
28 provided that dram shop liability insurance has been made
29 available in a form, with such coverage and in such amounts
30 as the Authority reasonably determines is necessary.
31 Alcoholic liquors may be sold at retail or dispensed at
32 the Rockford State Office Building by (1) an agency of the
33 State, whether legislative, judicial or executive, provided
34 that such agency first obtains written permission to sell or
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1 dispense alcoholic liquors from the Department of Central
2 Management Services, or by (2) a not-for-profit organization,
3 provided that such organization:
4 a. Obtains written consent from the Department of
5 Central Management Services;
6 b. Sells or dispenses the alcoholic liquors in a
7 manner that does not impair normal operations of State
8 offices located in the building;
9 c. Sells or dispenses alcoholic liquors only in
10 connection with an official activity in the building;
11 d. Provides, or its catering service provides, dram
12 shop liability insurance in maximum coverage limits and
13 in which the carrier agrees to defend, save harmless and
14 indemnify the State of Illinois from all financial loss,
15 damage or harm arising out of the selling or dispensing
16 of alcoholic liquors.
17 Nothing in this Act shall prevent a not-for-profit
18 organization or agency of the State from employing the
19 services of a catering establishment for the selling or
20 dispensing of alcoholic liquors at functions authorized by
21 the Department of Central Management Services.
22 Alcoholic liquors may be sold or delivered in a building
23 that is owned by McLean County, situated on land owned by the
24 county in the City of Bloomington, and used by the McLean
25 County Historical Society if the sale or delivery is approved
26 by an ordinance adopted by the county board, and the
27 municipality in which the building is located may not
28 prohibit that sale or delivery, notwithstanding any other
29 provision of this Section. The regulation of the sale and
30 delivery of alcoholic liquor in a building that is owned by
31 McLean County, situated on land owned by the county, and used
32 by the McLean County Historical Society as provided in this
33 paragraph is an exclusive power and function of the State and
34 is a denial and limitation under Article VII, Section 6,
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1 subsection (h) of the Illinois Constitution of the power of a
2 home rule municipality to regulate that sale and delivery.
3 Alcoholic liquors may be sold or delivered in any
4 building situated on land held in trust for any school
5 district organized under Article 34 of the School Code, if
6 the building is not used for school purposes and if the sale
7 or delivery is approved by the board of education.
8 Alcoholic liquors may be sold or delivered in buildings
9 owned by the Community Building Complex Committee of Boone
10 County, Illinois if the person or facility selling or
11 dispensing the alcoholic liquor has provided dram shop
12 liability insurance with coverage and in amounts that the
13 Committee reasonably determines are necessary.
14 Alcoholic liquors may be sold or delivered in the
15 building located at 1200 Centerville Avenue in Belleville,
16 Illinois and occupied by either the Belleville Area Special
17 Education District or the Belleville Area Special Services
18 Cooperative.
19 Alcoholic liquors may be delivered to and sold at the
20 Louis Joliet Renaissance Center, City Center Campus, located
21 at 214 N. Ottawa Street, Joliet, and the Food
22 Services/Culinary Arts Department facilities, Main Campus,
23 located at 1215 Houbolt Road, Joliet, owned by or under the
24 control of Joliet Junior College, Illinois Community College
25 District No. 525.
26 (Source: P.A. 91-239, eff. 1-1-00; 91-922, eff. 7-7-00;
27 92-512, eff. 1-1-02; 92-583, eff. 6-26-02; 92-600, eff.
28 7-1-02; revised 9-3-02.)".