State of Illinois
92nd General Assembly
Legislation

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92_SB1282enr

 
SB1282 Enrolled                                LRB9207816LDpr

 1        AN ACT concerning units of local government.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Election  Code  is  amended  by  changing
 5    Section 25-11 as follows:

 6        (10 ILCS 5/25-11) (from Ch. 46, par. 25-11)
 7        Sec. 25-11.  When a vacancy occurs in any elective county
 8    office,  or  in a county of less than 3,000,000 population in
 9    the office of clerk of the circuit court, in a  county  which
10    is  not a home rule unit, the county board or board of county
11    commissioners shall declare  that  such  vacancy  exists  and
12    notification  thereof  shall  be  given to the county central
13    committee or the appropriate county board or board of  county
14    commissioners   district   committee   of   each  established
15    political party within  3  days  of  the  occurrence  of  the
16    vacancy.   The  vacancy  shall  be  filled  within 60 days by
17    appointment of the chairman of the county board or  board  of
18    county  commissioners  with  the  advice  and  consent of the
19    county board or board of county commissioners. In counties in
20    which forest preserve district commissioners are  elected  by
21    districts  and  are  not  also  members  of the county board,
22    however, vacancies in the office of forest preserve  district
23    commissioner shall be filled within 60 days by appointment of
24    the  president  of  the  forest  preserve  district  board of
25    commissioners with the  advice  and  consent  of  the  forest
26    preserve  district  board  of  commissioners.  In counties in
27    which the forest preserve district president is  not  also  a
28    member of the county board, vacancies in the office of forest
29    preserve district president shall be filled within 60 days by
30    the  forest  preserve  district  board  of  commissioners  by
31    appointing  one  of  the commissioners to serve as president.
 
SB1282 Enrolled            -2-                 LRB9207816LDpr
 1    The appointee shall be a member of the same  political  party
 2    as the person he succeeds was at the time of his election and
 3    shall  be  otherwise  eligible  to serve. The appointee shall
 4    serve the remainder of the unexpired term.  However, if  more
 5    than  28  months remain in the term, the appointment shall be
 6    until the next general election at  which  time  the  vacated
 7    office  shall  be filled by election for the remainder of the
 8    term.  In the case of a vacancy in a seat on a  county  board
 9    or  board of county commissioners which has been divided into
10    districts under Section 2-3003 or 2-4006.5  of  the  Counties
11    Code,  the  appointee  must  also be a resident of the county
12    board or county commission district. If a county commissioner
13    ceases to reside in the district that he or she represents, a
14    vacancy in that office exists.
15        Except as otherwise provided by county  ordinance  or  by
16    law,  in  any  county which is a home rule unit, vacancies in
17    elective county offices,  other  than  the  office  of  chief
18    executive  officer,  and  vacancies in the office of clerk of
19    the  circuit  court  in  a  county  of  less  than  3,000,000
20    population, shall be filled by the county board or  board  of
21    county commissioners.
22    (Source: P.A. 92-189, eff. 8-1-01.)

23        Section  10.   The Downstate Forest Preserve District Act
24    is amended by changing Section 3c as follows:

25        (70 ILCS 805/3c)
26        Sec.  3c.  Elected  board  of  commissioners  in  certain
27    counties. If the boundaries of a  district  are  co-extensive
28    with  the  boundaries of a county having a population of more
29    than 800,000 but less than 3,000,000,  all  commissioners  of
30    the  forest  preserve district shall be elected from the same
31    districts as members of the county board beginning  with  the
32    general  election  held  in  2002 and each succeeding general
 
SB1282 Enrolled            -3-                 LRB9207816LDpr
 1    election.   One  commissioner  shall  be  elected  from  each
 2    district.  At their first meeting  after  their  election  in
 3    2002  and following each subsequent decennial reapportionment
 4    of the county under Division 2-3 of the  Counties  Code,  the
 5    elected commissioners shall publicly by lot divide themselves
 6    into  2  groups, as equal in size as possible.  Commissioners
 7    from the first group shall serve for terms of  2,  4,  and  4
 8    years;  and  commissioners  from the second group shall serve
 9    terms of 4, 4, and 2 years.  Commissioners elected under this
10    Section  shall  take  office  at   the   first   meeting   of
11    commissioners   following   an   election  of  commissioners.
12    Beginning with the general election in 2002, the president of
13    the board of commissioners of the  forest  preserve  district
14    shall  be elected by the voters of the county, rather than by
15    the commissioners.  The president shall be a resident of  the
16    county  and  shall  be  elected  throughout  the county for a
17    4-year term without having been first elected as commissioner
18    of the forest preserve district. Each commissioner shall be a
19    resident of the county board district from which  he  or  she
20    was  elected  not  later than the date of the commencement of
21    the term of office.  The term of office for the president and
22    commissioners elected under this Section  shall  commence  on
23    the  first  Monday  of  the  month  following  the  month  of
24    election.  Neither  a  commissioner  nor the president of the
25    board of commissioners of that forest preserve district shall
26    serve simultaneously as member  or  chairman  of  the  county
27    board.   No  person  shall  seek  election to both the forest
28    preserve  commission  and  the  county  board  at  the   same
29    election.   The  compensation  for  the president shall be an
30    amount equal to 85% of the annual salary of the county  board
31    chairman.  The  president, with the advice and consent of the
32    board of commissioners shall appoint a secretary,  treasurer,
33    and  such  other officers as deemed necessary by the board of
34    commissioners, which officers need  not  be  members  of  the
 
SB1282 Enrolled            -4-                 LRB9207816LDpr
 1    board  of commissioners.  The president shall have the powers
 2    and duties as specified in Section 12 of this Act.
 3        Candidates  for  president  and  commissioner  shall   be
 4    candidates of established political parties.
 5        If  a  vacancy in the office of president or commissioner
 6    occurs, other than by expiration  of  the  president's  or  a
 7    commissioner's  term,  the  forest preserve district board of
 8    commissioners  shall  declare  that  a  vacancy  exists   and
 9    notification  of  the  vacancy  shall  be given to the county
10    central committee of each established political party  within
11    3  business days after the occurrence of the vacancy.  If the
12    vacancy occurs in the  office  of  forest  preserve  district
13    commissioner,  the  president  of  the board of commissioners
14    shall, within 60 days after the date of the vacancy, with the
15    advice and  consent  of  other  commissioners  then  serving,
16    appoint  a person an individual to serve for the remainder of
17    the unexpired term.  The appointee shall be  affiliated  with
18    the  same political party as the commissioner in whose office
19    the vacancy occurred and be a resident of such district.   If
20    a  vacancy  in  the office of president occurs, other than by
21    expiration of the president's term, the remaining members  of
22    the  board  of  commissioners shall, within 60 days after the
23    vacancy,  appoint  one  of  the  commissioners  to  serve  as
24    president for the remainder of the unexpired  term.  In  that
25    case,  the  office  of  the  commissioner who is appointed to
26    serve as president shall be deemed vacant and shall be filled
27    within 60 days by  appointment  of  the  president  with  the
28    advice  and  consent  of  the  other forest preserve district
29    commissioners.  The commissioner who is appointed to  fill  a
30    vacancy  in  the office of president shall be affiliated with
31    the same political party  as  the  person  who  occupied  the
32    office of president prior to the vacancy.  A person appointed
33    to  fill a vacancy in the office of president or commissioner
34    shall establish his or her party affiliation by  his  or  her
 
SB1282 Enrolled            -5-                 LRB9207816LDpr
 1    record of voting in primary elections or by holding or having
 2    held an office in an established political party organization
 3    before  the appointment.  If the appointee has not voted in a
 4    party primary election or is not holding or has not  held  an
 5    office  in an established political party organization before
 6    the appointment, the appointee shall  establish  his  or  her
 7    political   party   affiliation  by  his  or  her  record  of
 8    participating in an established political party's  nomination
 9    or  election  caucus. If, however, more than 28 months remain
10    in the unexpired term of a commissioner or the president, the
11    appointment shall be  until  the  next  general  consolidated
12    election, at which time the vacated office of commissioner or
13    president  shall  be  filled by election for the remainder of
14    the term. Notwithstanding any  law  to  the  contrary,  if  a
15    vacancy occurs after the last day provided in Section 7-12 of
16    the Election Code for filing nomination papers for the office
17    of  president of a forest preserve district where that office
18    is elected as provided for in this Section, or as  set  forth
19    in Section 7-61 of the Election Code, a vacancy in nomination
20    shall  be  filled  by  the  passage  of  a  resolution by the
21    nominating committee of the affected political  party  within
22    the  time  periods  specified  in  the  Election  Code.   The
23    nominating  committee  shall  consist  of the chairman of the
24    county central committee and the  township  chairmen  of  the
25    affected  political party.  All other vacancies in nomination
26    shall be filled in accordance  with  the  provisions  of  the
27    Election Code.
28        The   president  and  commissioners  elected  under  this
29    Section may  be  reimbursed  for  their  reasonable  expenses
30    actually  incurred  in performing their official duties under
31    this Act in accordance with the  provisions  of  Section  3a.
32    The  reimbursement  paid  under this Section shall be paid by
33    the forest preserve district.
34        Compensation for forest  preserve  commissioners  elected
 
SB1282 Enrolled            -6-                 LRB9207816LDpr
 1    under  this Section shall be the same as that of county board
 2    members  of  the  county  with  which  the  forest   preserve
 3    district's boundaries are co-extensive.
 4    (Source: P.A. 91-933, eff. 12-30-00.)

 5        Section 15.  The Liquor Control Act of 1934 is amended by
 6    changing Section 6-15 as follows:

 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
23    organized  under  the  Park  District  Code,  subject  to the
24    approval of the governing board of the district,  or  in  any
25    building  or  on  any  golf course owned by a forest preserve
26    district  organized  under  the  Downstate  Forest   Preserve
27    District  Act, subject to the approval of the governing board
28    of the district, or on the grounds within  500  feet  of  any
29    building  owned by a forest preserve district organized under
30    the Downstate Forest Preserve District Act during times  when
31    food  is  dispensed  for  consumption  within 500 feet of the
32    building from which the food is  dispensed,  subject  to  the
 
SB1282 Enrolled            -7-                 LRB9207816LDpr
 1    approval  of  the  governing  board  of the district, or in a
 2    building owned by a Local  Mass  Transit  District  organized
 3    under  the  Local  Mass  Transit District Act, subject to the
 4    approval of the  governing  Board  of  the  District,  or  in
 5    Bicentennial  Park, or on the premises of the City of Mendota
 6    Lake Park located adjacent to Route 51 in Mendota,  Illinois,
 7    or  on  the premises of Camden Park in Milan, Illinois, or in
 8    the community center owned by the City of Loves Park that  is
 9    located at 1000 River Park Drive in Loves Park, Illinois, or,
10    in  connection  with  the  operation  of  an established food
11    serving facility during times  when  food  is  dispensed  for
12    consumption  on  the  premises, and at the following aquarium
13    and  museums  located  in  public  parks:  Art  Institute  of
14    Chicago, Chicago  Academy  of  Sciences,  Chicago  Historical
15    Society,  Field  Museum of Natural History, Museum of Science
16    and Industry, DuSable Museum  of  African  American  History,
17    John  G. Shedd Aquarium and Adler Planetarium, or at Lakeview
18    Museum of Arts and Sciences in Peoria, or in connection  with
19    the  operation  of  the  facilities of the Chicago Zoological
20    Society or the Chicago Horticultural Society on land owned by
21    the Forest Preserve District of Cook County, or on  any  land
22    used  for a golf course or for recreational purposes owned by
23    the Forest Preserve District of Cook County, subject  to  the
24    control   of   the   Forest   Preserve   District   Board  of
25    Commissioners and applicable local law,  provided  that  dram
26    shop  liability  insurance  is  provided  at maximum coverage
27    limits so as to hold the District harmless from all financial
28    loss, damage, and harm, or in any building  located  on  land
29    owned  by  the  Chicago Park District if approved by the Park
30    District Commissioners, or on any land used for a golf course
31    or for  recreational  purposes  and  owned  by  the  Illinois
32    International  Port  District  if  approved by the District's
33    governing board, or at  any  airport,  golf  course,  faculty
34    center,  or  facility in which conference and convention type
 
SB1282 Enrolled            -8-                 LRB9207816LDpr
 1    activities take place belonging to or under  control  of  any
 2    State   university  or  public  community  college  district,
 3    provided that with respect to a facility for  conference  and
 4    convention type activities alcoholic liquors shall be limited
 5    to  the  use  of the convention or conference participants or
 6    participants in cultural, political or educational activities
 7    held in  such  facilities,  and  provided  further  that  the
 8    faculty  or  staff  of  the  State  university  or  a  public
 9    community  college district, or members of an organization of
10    students, alumni, faculty or staff of the State university or
11    a public community college district are  active  participants
12    in  the  conference  or convention, or in Memorial Stadium on
13    the campus of the University of Illinois at  Urbana-Champaign
14    during games in which the Chicago Bears professional football
15    team  is  playing  in  that  stadium during the renovation of
16    Soldier Field, not more than one and a half hours before  the
17    start  of the game and not after the end of the third quarter
18    of the game, or by a catering establishment which has  rented
19    facilities  from  a  board  of trustees of a public community
20    college district, or, if approved by the District  board,  on
21    land  owned  by the Metropolitan Sanitary District of Greater
22    Chicago and leased to others for a term of at least 20 years.
23    Nothing in this Section precludes the  sale  or  delivery  of
24    alcoholic  liquor  in  the form of original packaged goods in
25    premises located at 500 S. Racine in Chicago belonging to the
26    University of Illinois and used primarily as a grocery  store
27    by  a  commercial  tenant  during  the  term  of a lease that
28    predates the University's acquisition of  the  premises;  but
29    the  University  shall  have  no power or authority to renew,
30    transfer, or extend the lease with terms allowing the sale of
31    alcoholic liquor; and the sale of alcoholic liquor  shall  be
32    subject  to  all  local  laws  and  regulations.    After the
33    acquisition by Winnebago County of the  property  located  at
34    404  Elm  Street  in  Rockford,  a commercial tenant who sold
 
SB1282 Enrolled            -9-                 LRB9207816LDpr
 1    alcoholic liquor at retail on a portion of the property under
 2    a valid license at the time of the acquisition  may  continue
 3    to  do  so for so long as the tenant and the County may agree
 4    under existing or future leases, subject to  all  local  laws
 5    and regulations regarding the sale of alcoholic liquor.  Each
 6    facility   shall  provide  dram  shop  liability  in  maximum
 7    insurance coverage limits so as to save harmless  the  State,
 8    municipality, State university, airport, golf course, faculty
 9    center,  facility  in  which  conference  and convention type
10    activities  take  place,  park  district,   Forest   Preserve
11    District,   public   community  college  district,  aquarium,
12    museum, or sanitary district from all financial loss,  damage
13    or harm. Alcoholic liquors may be sold at retail in buildings
14    of  golf  courses  owned by municipalities in connection with
15    the operation of an established food serving facility  during
16    times  when  food  is  dispensed  for  consumption  upon  the
17    premises.  Alcoholic  liquors may be delivered to and sold at
18    retail in any building owned by a  fire  protection  district
19    organized  under  the  Fire Protection District Act, provided
20    that such delivery and sale  is  approved  by  the  board  of
21    trustees  of  the  district,  and  provided further that such
22    delivery and sale is limited to fundraising events and  to  a
23    maximum of 6 events per year.
24        Alcoholic  liquor  may be delivered to and sold at retail
25    in the Dorchester Senior Business Center owned by the Village
26    of Dolton if the alcoholic liquor is sold or  dispensed  only
27    in  connection with organized functions for which the planned
28    attendance is 20 or  more  persons,  and  if  the  person  or
29    facility  selling  or  dispensing  the  alcoholic  liquor has
30    provided dram shop liability insurance in maximum  limits  so
31    as  to hold harmless the Village of Dolton and the State from
32    all financial loss, damage and harm.
33        Alcoholic liquors may be delivered to and sold at  retail
34    in any building used as an Illinois State Armory provided:
 
SB1282 Enrolled            -10-                LRB9207816LDpr
 1             (i)  the  Adjutant  General's written consent to the
 2        issuance of a license to sell alcoholic  liquor  in  such
 3        building is filed with the Commission;
 4             (ii)  the alcoholic liquor is sold or dispensed only
 5        in  connection  with  organized functions held on special
 6        occasions;
 7             (iii)  the organized function is one for  which  the
 8        planned attendance is 25 or more persons; and
 9             (iv)  the   facility   selling   or  dispensing  the
10        alcoholic  liquors  has  provided  dram  shop   liability
11        insurance  in  maximum  limits so as to save harmless the
12        facility and the State from all financial loss, damage or
13        harm.
14        Alcoholic liquors may be delivered to and sold at  retail
15    in the Chicago Civic Center, provided that:
16             (i)  the  written  consent  of  the  Public Building
17        Commission which administers the Chicago Civic Center  is
18        filed with the Commission;
19             (ii)  the alcoholic liquor is sold or dispensed only
20        in  connection  with  organized functions held on special
21        occasions;
22             (iii)  the organized function is one for  which  the
23        planned attendance is 25 or more persons;
24             (iv)  the   facility   selling   or  dispensing  the
25        alcoholic  liquors  has  provided  dram  shop   liability
26        insurance  in  maximum  limits so as to hold harmless the
27        Civic Center, the City of Chicago and the State from  all
28        financial loss, damage or harm; and
29             (v)  all  applicable  local  ordinances are complied
30        with.
31        Alcoholic  liquors  may  be  delivered  or  sold  in  any
32    building belonging to or  under  the  control  of  any  city,
33    village  or  incorporated  town  where  more  than 75% of the
34    physical properties of the building is used for commercial or
 
SB1282 Enrolled            -11-                LRB9207816LDpr
 1    recreational purposes, and the building  is  located  upon  a
 2    pier extending into or over the waters of a navigable lake or
 3    stream  or  on  the  shore  of  a  navigable  lake or stream.
 4    Alcoholic liquor may be sold in buildings under  the  control
 5    of  the  Department of Natural Resources when written consent
 6    to the issuance of a license to sell alcoholic liquor in such
 7    buildings is filed with the Commission by the  Department  of
 8    Natural  Resources.  Notwithstanding  any  other provision of
 9    this Act, alcoholic liquor sold by a United States Army Corps
10    of   Engineers   or   Department   of    Natural    Resources
11    concessionaire   who  was  operating  on  June  1,  1991  for
12    on-premises consumption only is not subject to the provisions
13    of Articles IV and IX. Beer and  wine  may  be  sold  on  the
14    premises  of  the  Joliet  Park District Stadium owned by the
15    Joliet Park District when written consent to the issuance  of
16    a  license  to  sell  beer and wine in such premises is filed
17    with  the  local  liquor  commissioner  by  the  Joliet  Park
18    District. Beer and wine may  be  sold  in  buildings  on  the
19    grounds  of State veterans' homes when written consent to the
20    issuance of a license to sell beer and wine in such buildings
21    is filed with the Commission by the Department  of  Veterans'
22    Affairs,  and  the facility shall provide dram shop liability
23    in maximum insurance  coverage  limits  so  as  to  save  the
24    facility  harmless  from  all financial loss, damage or harm.
25    Such liquors may be delivered to and  sold  at  any  property
26    owned  or  held  under  lease  by  a  Metropolitan  Pier  and
27    Exposition   Authority   or   Metropolitan   Exposition   and
28    Auditorium Authority.
29        Beer  and  wine may be sold and dispensed at professional
30    sporting  events  and  at  professional  concerts  and  other
31    entertainment events  conducted  on  premises  owned  by  the
32    Forest  Preserve  District  of  Kane  County,  subject to the
33    control of the District Commissioners  and  applicable  local
34    law,  provided that dram shop liability insurance is provided
 
SB1282 Enrolled            -12-                LRB9207816LDpr
 1    at maximum  coverage  limits  so  as  to  hold  the  District
 2    harmless from all financial loss, damage and harm.
 3        Nothing  in  this  Section  shall  preclude  the  sale or
 4    delivery of beer and wine at a State or county  fair  or  the
 5    sale  or  delivery  of  beer  or  wine  at a city fair in any
 6    otherwise lawful manner.
 7        Alcoholic liquors may be sold at retail in  buildings  in
 8    State  parks  under  the control of the Department of Natural
 9    Resources, provided:
10             a.  the State park has overnight lodging  facilities
11        with  some restaurant facilities or, not having overnight
12        lodging facilities, has restaurant facilities which serve
13        complete luncheon and dinner or supper meals,
14             b.  consent to the issuance of  a  license  to  sell
15        alcoholic  liquors  in  the buildings has been filed with
16        the commission by the Department  of  Natural  Resources,
17        and
18             c.  the alcoholic liquors are sold by the State park
19        lodge  or restaurant concessionaire only during the hours
20        from  11  o'clock  a.m.  until   12   o'clock   midnight.
21        Notwithstanding   any   other   provision  of  this  Act,
22        alcoholic liquor sold by the  State  park  or  restaurant
23        concessionaire  is  not  subject  to  the  provisions  of
24        Articles IV and IX.
25        Alcoholic  liquors  may be sold at retail in buildings on
26    properties under the control  of  the  Historic  Preservation
27    Agency provided:
28             a.  the  property  has  overnight lodging facilities
29        with some restaurant facilities or, not having  overnight
30        lodging facilities, has restaurant facilities which serve
31        complete luncheon and dinner or supper meals,
32             b.  consent  to  the  issuance  of a license to sell
33        alcoholic liquors in the buildings has  been  filed  with
34        the commission by the Historic Preservation Agency, and
 
SB1282 Enrolled            -13-                LRB9207816LDpr
 1             c.  the  alcoholic  liquors are sold by the lodge or
 2        restaurant concessionaire only during the hours  from  11
 3        o'clock a.m. until 12 o'clock midnight.
 4        The  sale  of  alcoholic liquors pursuant to this Section
 5    does  not  authorize  the  establishment  and  operation   of
 6    facilities  commonly  called taverns, saloons, bars, cocktail
 7    lounges,  and  the  like  except  as  a  part  of  lodge  and
 8    restaurant facilities in State parks or golf courses owned by
 9    Forest Preserve Districts with  a  population  of  less  than
10    3,000,000 or municipalities or park districts.
11        Alcoholic   liquors   may   be  sold  at  retail  in  the
12    Springfield Administration  Building  of  the  Department  of
13    Transportation  and the Illinois State Armory in Springfield;
14    provided,  that  the  controlling  government  authority  may
15    consent to such sales only if
16             a.  the   request   is   from    a    not-for-profit
17        organization;
18             b.  such sales would not impede normal operations of
19        the departments involved;
20             c.  the  not-for-profit  organization  provides dram
21        shop liability in maximum insurance coverage  limits  and
22        agrees  to  defend, save harmless and indemnify the State
23        of Illinois from all financial loss, damage or harm;
24             d.  no such sale shall be made during normal working
25        hours of the State of Illinois; and
26             e.  the consent is in writing.
27        Alcoholic liquors may be sold at retail in  buildings  in
28    recreational  areas  of river conservancy districts under the
29    control of, or leased from, the river conservancy  districts.
30    Such  sales  are  subject  to reasonable local regulations as
31    provided in Article IV;  however,  no  such  regulations  may
32    prohibit  or  substantially  impair  the  sale  of  alcoholic
33    liquors on Sundays or Holidays.
34        Alcoholic  liquors  may  be  provided  in  long term care
 
SB1282 Enrolled            -14-                LRB9207816LDpr
 1    facilities owned or operated by a county under Division  5-21
 2    or  5-22  of the Counties Code, when approved by the facility
 3    operator and not in conflict  with  the  regulations  of  the
 4    Illinois  Department  of  Public  Health, to residents of the
 5    facility who have had  their  consumption  of  the  alcoholic
 6    liquors  provided approved in writing by a physician licensed
 7    to practice medicine in all its branches.
 8        Alcoholic liquors may be delivered to  and  dispensed  in
 9    State  housing  assigned  to  employees  of the Department of
10    Corrections. No person shall furnish or allow to be furnished
11    any alcoholic liquors to any prisoner confined in  any  jail,
12    reformatory,  prison  or  house  of  correction except upon a
13    physician's prescription for medicinal purposes.
14        Alcoholic liquors may be sold at retail or  dispensed  at
15    the Willard Ice Building in Springfield, at the State Library
16    in  Springfield,  and  at Illinois State Museum facilities by
17    (1) an agency of the State, whether legislative, judicial  or
18    executive,  provided  that  such agency first obtains written
19    permission to sell or dispense  alcoholic  liquors  from  the
20    controlling  government authority, or by (2) a not-for-profit
21    organization, provided that such organization:
22             a.  Obtains written  consent  from  the  controlling
23        government authority;
24             b.  Sells  or  dispenses  the alcoholic liquors in a
25        manner that does not impair normal  operations  of  State
26        offices located in the building;
27             c.  Sells  or  dispenses  alcoholic  liquors only in
28        connection with an official activity in the building;
29             d.  Provides, or its catering service provides, dram
30        shop liability insurance in maximum coverage  limits  and
31        in  which the carrier agrees to defend, save harmless and
32        indemnify the State of Illinois from all financial  loss,
33        damage  or  harm arising out of the selling or dispensing
34        of alcoholic liquors.
 
SB1282 Enrolled            -15-                LRB9207816LDpr
 1        Nothing  in  this  Act  shall  prevent  a  not-for-profit
 2    organization or  agency  of  the  State  from  employing  the
 3    services  of  a  catering  establishment  for  the selling or
 4    dispensing of alcoholic liquors at authorized functions.
 5        The controlling government authority for the Willard  Ice
 6    Building   in  Springfield  shall  be  the  Director  of  the
 7    Department of Revenue.  The controlling government  authority
 8    for Illinois State Museum facilities shall be the Director of
 9    the   Illinois  State  Museum.   The  controlling  government
10    authority for the State Library in Springfield shall  be  the
11    Secretary of State.
12        Alcoholic  liquors may be delivered to and sold at retail
13    or dispensed at any facility, property or building under  the
14    jurisdiction  of  the  Historic Preservation Agency where the
15    delivery, sale or dispensing is  by  (1)  an  agency  of  the
16    State,  whether  legislative, judicial or executive, provided
17    that such agency first obtains written permission to sell  or
18    dispense  alcoholic  liquors  from  a  controlling government
19    authority, or by (2) a not-for-profit  organization  provided
20    that such organization:
21             a.  Obtains  written  consent  from  the controlling
22        government authority;
23             b.  Sells or dispenses the alcoholic  liquors  in  a
24        manner  that  does  not  impair  normal workings of State
25        offices or operations located at the  facility,  property
26        or building;
27             c.  Sells  or  dispenses  alcoholic  liquors only in
28        connection   with   an   official   activity    of    the
29        not-for-profit  organization in the facility, property or
30        building;
31             d.  Provides, or its catering service provides, dram
32        shop liability insurance in maximum coverage  limits  and
33        in  which the carrier agrees to defend, save harmless and
34        indemnify the State of Illinois from all financial  loss,
 
SB1282 Enrolled            -16-                LRB9207816LDpr
 1        damage  or  harm arising out of the selling or dispensing
 2        of alcoholic liquors.
 3        The controlling government  authority  for  the  Historic
 4    Preservation  Agency  shall  be  the Director of the Historic
 5    Preservation Agency.
 6        Alcoholic liquors may be sold at retail or  dispensed  at
 7    the James R. Thompson Center in Chicago and 222 South College
 8    Street in Springfield, Illinois by (1) a commercial tenant or
 9    subtenant  conducting  business on the premises under a lease
10    made pursuant to Section 405-315 of the Department of Central
11    Management Services Law (20 ILCS 405/405-315), provided  that
12    such  tenant  or  subtenant  who sells or dispenses alcoholic
13    liquors  shall  procure  and  maintain  dram  shop  liability
14    insurance in maximum coverage limits and in which the carrier
15    agrees to defend, indemnify and save harmless  the  State  of
16    Illinois  from all financial loss, damage or harm arising out
17    of the sale or dispensing of alcoholic liquors, or by (2)  an
18    agency   of  the  State,  whether  legislative,  judicial  or
19    executive, provided that such agency  first  obtains  written
20    permission  to  sell  or  dispense alcoholic liquors from the
21    Director  of  Central  Management  Services,  or  by  (3)   a
22    not-for-profit organization, provided that such organization:
23             a.  Obtains  written  consent from the Department of
24        Central Management Services;
25             b.  Sells or dispenses the alcoholic  liquors  in  a
26        manner  that  does  not impair normal operations of State
27        offices located in the building;
28             c.  Sells or dispenses  alcoholic  liquors  only  in
29        connection with an official activity in the building;
30             d.  Provides, or its catering service provides, dram
31        shop  liability  insurance in maximum coverage limits and
32        in which the carrier agrees to defend, save harmless  and
33        indemnify  the State of Illinois from all financial loss,
34        damage or harm arising out of the selling  or  dispensing
 
SB1282 Enrolled            -17-                LRB9207816LDpr
 1        of alcoholic liquors.
 2        Nothing  in  this  Act  shall  prevent  a  not-for-profit
 3    organization  or  agency  of  the  State  from  employing the
 4    services of a  catering  establishment  for  the  selling  or
 5    dispensing  of  alcoholic  liquors at functions authorized by
 6    the Director of Central Management Services.
 7        Alcoholic  liquors  may  be  sold  or  delivered  at  any
 8    facility owned by the Illinois  Sports  Facilities  Authority
 9    provided  that  dram  shop  liability insurance has been made
10    available in a form, with such coverage and in  such  amounts
11    as the Authority reasonably determines is necessary.
12        Alcoholic  liquors  may be sold at retail or dispensed at
13    the Rockford State Office Building by (1) an  agency  of  the
14    State,  whether  legislative, judicial or executive, provided
15    that such agency first obtains written permission to sell  or
16    dispense  alcoholic  liquors  from  the Department of Central
17    Management Services, or by (2) a not-for-profit organization,
18    provided that such organization:
19             a.  Obtains written consent from the  Department  of
20        Central Management Services;
21             b.  Sells  or  dispenses  the alcoholic liquors in a
22        manner that does not impair normal  operations  of  State
23        offices located in the building;
24             c.  Sells  or  dispenses  alcoholic  liquors only in
25        connection with an official activity in the building;
26             d.  Provides, or its catering service provides, dram
27        shop liability insurance in maximum coverage  limits  and
28        in  which the carrier agrees to defend, save harmless and
29        indemnify the State of Illinois from all financial  loss,
30        damage  or  harm arising out of the selling or dispensing
31        of alcoholic liquors.
32        Nothing  in  this  Act  shall  prevent  a  not-for-profit
33    organization or  agency  of  the  State  from  employing  the
34    services  of  a  catering  establishment  for  the selling or
 
SB1282 Enrolled            -18-                LRB9207816LDpr
 1    dispensing of alcoholic liquors at  functions  authorized  by
 2    the Department of Central Management Services.
 3        Alcoholic  liquors may be sold or delivered in a building
 4    that is owned by McLean County, situated on land owned by the
 5    county in the City of Bloomington, and  used  by  the  McLean
 6    County Historical Society if the sale or delivery is approved
 7    by  an  ordinance  adopted  by  the  county  board,  and  the
 8    municipality  in  which  the  building  is  located  may  not
 9    prohibit  that  sale  or  delivery, notwithstanding any other
10    provision of this Section.  The regulation of  the  sale  and
11    delivery  of  alcoholic liquor in a building that is owned by
12    McLean County, situated on land owned by the county, and used
13    by the McLean County Historical Society as provided  in  this
14    paragraph is an exclusive power and function of the State and
15    is  a  denial  and  limitation  under Article VII, Section 6,
16    subsection (h) of the Illinois Constitution of the power of a
17    home rule municipality to regulate that sale and delivery.
18        Alcoholic  liquors  may  be  sold  or  delivered  in  any
19    building situated on  land  held  in  trust  for  any  school
20    district  organized  under  Article 34 of the School Code, if
21    the building is not used for school purposes and if the  sale
22    or delivery is approved by the board of education.
23        Alcoholic  liquors  may be sold or delivered in buildings
24    owned by the Community Building Complex  Committee  of  Boone
25    County,  Illinois  if  the  person  or  facility  selling  or
26    dispensing  the  alcoholic  liquor  has  provided  dram  shop
27    liability  insurance  with  coverage  and in amounts that the
28    Committee reasonably determines are necessary.
29        Alcoholic  liquors  may  be  sold  or  delivered  in  the
30    building located at 1200 Centerville  Avenue  in  Belleville,
31    Illinois  and  occupied by either the Belleville Area Special
32    Education District or the Belleville  Area  Special  Services
33    Cooperative.
34    (Source:   P.A.  91-239,  eff.  1-1-00;  91-922, eff. 7-7-00;
 
SB1282 Enrolled            -19-                LRB9207816LDpr
 1    92-512, eff. 1-1-02.)

 2        Section 99.  Effective date.  This Act takes effect  upon
 3    becoming law.

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