Rep. Arthur L. Turner

Filed: 5/29/2008

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2231

2     AMENDMENT NO. ______. Amend Senate Bill 2231 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Liquor Control Act of 1934 is amended by
5 changing Sections 6-15 and 6-33 as follows:
 
6     (235 ILCS 5/6-15)  (from Ch. 43, par. 130)
7     Sec. 6-15. No alcoholic liquors shall be sold or delivered
8 in any building belonging to or under the control of the State
9 or any political subdivision thereof except as provided in this
10 Act. The corporate authorities of any city, village,
11 incorporated town or township may provide by ordinance,
12 however, that alcoholic liquor may be sold or delivered in any
13 specifically designated building belonging to or under the
14 control of the municipality or township, or in any building
15 located on land under the control of the municipality; provided
16 that such township complies with all applicable local

 

 

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1 ordinances in any incorporated area of the township. Alcoholic
2 liquor may be delivered to and sold under the authority of a
3 special use permit on any property owned by a conservation
4 district organized under the Conservation District Act,
5 provided that (i) the alcoholic liquor is sold only at an event
6 authorized by the governing board of the conservation district,
7 (ii) the issuance of the special use permit is authorized by
8 the local liquor control commissioner of the territory in which
9 the property is located, and (iii) the special use permit
10 authorizes the sale of alcoholic liquor for one day or less.
11 Alcoholic liquors may be delivered to and sold at any airport
12 belonging to or under the control of a municipality of more
13 than 25,000 inhabitants, or in any building or on any golf
14 course owned by a park district organized under the Park
15 District Code, subject to the approval of the governing board
16 of the district, or in any building or on any golf course owned
17 by a forest preserve district organized under the Downstate
18 Forest Preserve District Act, subject to the approval of the
19 governing board of the district, or on the grounds within 500
20 feet of any building owned by a forest preserve district
21 organized under the Downstate Forest Preserve District Act
22 during times when food is dispensed for consumption within 500
23 feet of the building from which the food is dispensed, subject
24 to the approval of the governing board of the district, or in a
25 building owned by a Local Mass Transit District organized under
26 the Local Mass Transit District Act, subject to the approval of

 

 

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1 the governing Board of the District, or in Bicentennial Park,
2 or on the premises of the City of Mendota Lake Park located
3 adjacent to Route 51 in Mendota, Illinois, or on the premises
4 of Camden Park in Milan, Illinois, or in the community center
5 owned by the City of Loves Park that is located at 1000 River
6 Park Drive in Loves Park, Illinois, or, in connection with the
7 operation of an established food serving facility during times
8 when food is dispensed for consumption on the premises, and at
9 the following aquarium and museums located in public parks: Art
10 Institute of Chicago, Chicago Academy of Sciences, Chicago
11 Historical Society, Field Museum of Natural History, Museum of
12 Science and Industry, DuSable Museum of African American
13 History, John G. Shedd Aquarium and Adler Planetarium, or at
14 Lakeview Museum of Arts and Sciences in Peoria, or in
15 connection with the operation of the facilities of the Chicago
16 Zoological Society or the Chicago Horticultural Society on land
17 owned by the Forest Preserve District of Cook County, or on any
18 land used for a golf course or for recreational purposes owned
19 by the Forest Preserve District of Cook County, subject to the
20 control of the Forest Preserve District Board of Commissioners
21 and applicable local law, provided that dram shop liability
22 insurance is provided at maximum coverage limits so as to hold
23 the District harmless from all financial loss, damage, and
24 harm, or in any building located on land owned by the Chicago
25 Park District if approved by the Park District Commissioners,
26 or on any land used for a golf course or for recreational

 

 

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1 purposes and owned by the Illinois International Port District
2 if approved by the District's governing board, or at any
3 airport, golf course, faculty center, or facility in which
4 conference and convention type activities take place belonging
5 to or under control of any State university or public community
6 college district, provided that with respect to a facility for
7 conference and convention type activities alcoholic liquors
8 shall be limited to the use of the convention or conference
9 participants or participants in cultural, political or
10 educational activities held in such facilities, and provided
11 further that the faculty or staff of the State university or a
12 public community college district, or members of an
13 organization of students, alumni, faculty or staff of the State
14 university or a public community college district are active
15 participants in the conference or convention, or in Memorial
16 Stadium on the campus of the University of Illinois at
17 Urbana-Champaign during games in which the Chicago Bears
18 professional football team is playing in that stadium during
19 the renovation of Soldier Field, not more than one and a half
20 hours before the start of the game and not after the end of the
21 third quarter of the game, or in the Pavilion Facility on the
22 campus of the University of Illinois at Chicago during games in
23 which the Chicago Storm professional soccer team is playing in
24 that facility, not more than one and a half hours before the
25 start of the game and not after the end of the third quarter of
26 the game, or in the Pavilion Facility on the campus of the

 

 

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1 University of Illinois at Chicago during games in which the
2 WNBA professional women's basketball team is playing in that
3 facility, not more than one and a half hours before the start
4 of the game and not after the 10-minute mark of the second half
5 of the game, or by a catering establishment which has rented
6 facilities from a board of trustees of a public community
7 college district, or in a restaurant that is operated by a
8 commercial tenant in the North Campus Parking Deck building
9 that (1) is located at 1201 West University Avenue, Urbana,
10 Illinois and (2) is owned by the Board of Trustees of the
11 University of Illinois, or, if approved by the District board,
12 on land owned by the Metropolitan Sanitary District of Greater
13 Chicago and leased to others for a term of at least 20 years.
14 Nothing in this Section precludes the sale or delivery of
15 alcoholic liquor in the form of original packaged goods in
16 premises located at 500 S. Racine in Chicago belonging to the
17 University of Illinois and used primarily as a grocery store by
18 a commercial tenant during the term of a lease that predates
19 the University's acquisition of the premises; but the
20 University shall have no power or authority to renew, transfer,
21 or extend the lease with terms allowing the sale of alcoholic
22 liquor; and the sale of alcoholic liquor shall be subject to
23 all local laws and regulations. After the acquisition by
24 Winnebago County of the property located at 404 Elm Street in
25 Rockford, a commercial tenant who sold alcoholic liquor at
26 retail on a portion of the property under a valid license at

 

 

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1 the time of the acquisition may continue to do so for so long
2 as the tenant and the County may agree under existing or future
3 leases, subject to all local laws and regulations regarding the
4 sale of alcoholic liquor. Each facility shall provide dram shop
5 liability in maximum insurance coverage limits so as to save
6 harmless the State, municipality, State university, airport,
7 golf course, faculty center, facility in which conference and
8 convention type activities take place, park district, Forest
9 Preserve District, public community college district,
10 aquarium, museum, or sanitary district from all financial loss,
11 damage or harm. Alcoholic liquors may be sold at retail in
12 buildings of golf courses owned by municipalities in connection
13 with the operation of an established food serving facility
14 during times when food is dispensed for consumption upon the
15 premises. Alcoholic liquors may be delivered to and sold at
16 retail in any building owned by a fire protection district
17 organized under the Fire Protection District Act, provided that
18 such delivery and sale is approved by the board of trustees of
19 the district, and provided further that such delivery and sale
20 is limited to fundraising events and to a maximum of 6 events
21 per year.
22     Alcoholic liquors may be served or sold in buildings under
23 the control of the Board of Trustees of the University of
24 Illinois for events that the Board may determine are public
25 events and not related student activities. The Board of
26 Trustees shall issue a written policy within 6 months of the

 

 

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1 effective date of this amendatory Act of the 95th General
2 Assembly concerning the types of events that would be eligible
3 for an exemption. Thereafter, the Board of Trustees may issue
4 revised, updated, new, or amended policies as it deems
5 necessary and appropriate. In preparing its written policy, the
6 Board of Trustees shall, among other factors it considers
7 relevant and important, give consideration to the following:
8 (i) whether the event is a student activity or student related
9 activity; (ii) whether the physical setting of the event is
10 conducive to control of liquor sales and distribution; (iii)
11 the ability of the event operator to ensure that the sale or
12 serving of alcoholic liquors and the demeanor of the
13 participants are in accordance with State law and University
14 policies; (iv) regarding the anticipated attendees at the
15 event, the relative proportion of individuals under the age of
16 21 to individuals age 21 or older; (v) the ability of the venue
17 operator to prevent the sale or distribution of alcoholic
18 liquors to individuals under the age of 21; (vi) whether the
19 event prohibits participants from removing alcoholic beverages
20 from the venue; and (vii) whether the event prohibits
21 participants from providing their own alcoholic liquors to the
22 venue. In addition, any policy submitted by the Board of
23 Trustees to the Illinois Liquor Control Commission must require
24 that any event at which alcoholic liquors are served or sold in
25 buildings under the control of the Board of Trustees shall
26 require the prior written approval of the Office of the

 

 

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1 Chancellor for the University campus where the event is
2 located. The Board of Trustees shall submit its policy, and any
3 subsequently revised, updated, new, or amended policies, to the
4 Illinois Liquor Control Commission, and any University event,
5 or location for an event, exempted under such policies shall
6 apply for a license under the applicable Sections of this Act.
7     Alcoholic liquor may be delivered to and sold at retail in
8 the Dorchester Senior Business Center owned by the Village of
9 Dolton if the alcoholic liquor is sold or dispensed only in
10 connection with organized functions for which the planned
11 attendance is 20 or more persons, and if the person or facility
12 selling or dispensing the alcoholic liquor has provided dram
13 shop liability insurance in maximum limits so as to hold
14 harmless the Village of Dolton and the State from all financial
15 loss, damage and harm.
16     Alcoholic liquors may be delivered to and sold at retail in
17 any building used as an Illinois State Armory provided:
18         (i) the Adjutant General's written consent to the
19     issuance of a license to sell alcoholic liquor in such
20     building is filed with the Commission;
21         (ii) the alcoholic liquor is sold or dispensed only in
22     connection with organized functions held on special
23     occasions;
24         (iii) the organized function is one for which the
25     planned attendance is 25 or more persons; and
26         (iv) the facility selling or dispensing the alcoholic

 

 

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1     liquors has provided dram shop liability insurance in
2     maximum limits so as to save harmless the facility and the
3     State from all financial loss, damage or harm.
4     Alcoholic liquors may be delivered to and sold at retail in
5 the Chicago Civic Center, provided that:
6         (i) the written consent of the Public Building
7     Commission which administers the Chicago Civic Center is
8     filed with the Commission;
9         (ii) the alcoholic liquor is sold or dispensed only in
10     connection with organized functions held on special
11     occasions;
12         (iii) the organized function is one for which the
13     planned attendance is 25 or more persons;
14         (iv) the facility selling or dispensing the alcoholic
15     liquors has provided dram shop liability insurance in
16     maximum limits so as to hold harmless the Civic Center, the
17     City of Chicago and the State from all financial loss,
18     damage or harm; and
19         (v) all applicable local ordinances are complied with.
20     Alcoholic liquors may be delivered or sold in any building
21 belonging to or under the control of any city, village or
22 incorporated town where more than 75% of the physical
23 properties of the building is used for commercial or
24 recreational purposes, and the building is located upon a pier
25 extending into or over the waters of a navigable lake or stream
26 or on the shore of a navigable lake or stream. Alcoholic liquor

 

 

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1 may be sold in buildings under the control of the Department of
2 Natural Resources when written consent to the issuance of a
3 license to sell alcoholic liquor in such buildings is filed
4 with the Commission by the Department of Natural Resources.
5 Alcoholic liquor may be served or delivered in buildings and
6 facilities under the control of the Department of Natural
7 Resources upon the written approval of the Director of Natural
8 Resources acting as the controlling government authority. The
9 Director of Natural Resources may specify conditions on that
10 approval, including but not limited to requirements for
11 insurance and hours of operation. Notwithstanding any other
12 provision of this Act, alcoholic liquor sold by a United States
13 Army Corps of Engineers or Department of Natural Resources
14 concessionaire who was operating on June 1, 1991 for
15 on-premises consumption only is not subject to the provisions
16 of Articles IV and IX. Beer and wine may be sold on the
17 premises of the Joliet Park District Stadium owned by the
18 Joliet Park District when written consent to the issuance of a
19 license to sell beer and wine in such premises is filed with
20 the local liquor commissioner by the Joliet Park District. Beer
21 and wine may be sold in buildings on the grounds of State
22 veterans' homes when written consent to the issuance of a
23 license to sell beer and wine in such buildings is filed with
24 the Commission by the Department of Veterans' Affairs, and the
25 facility shall provide dram shop liability in maximum insurance
26 coverage limits so as to save the facility harmless from all

 

 

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1 financial loss, damage or harm. Such liquors may be delivered
2 to and sold at any property owned or held under lease by a
3 Metropolitan Pier and Exposition Authority or Metropolitan
4 Exposition and 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 Forest
8 Preserve District of Kane County, subject to the control of the
9 District Commissioners and applicable local law, provided that
10 dram shop liability insurance is provided at maximum coverage
11 limits so as to hold the District harmless from all financial
12 loss, damage and harm.
13     Nothing in this Section shall preclude the sale or delivery
14 of beer and wine at a State or county fair or the sale or
15 delivery of beer or wine at a city fair in any otherwise lawful
16 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 with
21     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 the
26     commission by the Department of Natural Resources, and

 

 

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1         c. the alcoholic liquors are sold by the State park
2     lodge or restaurant concessionaire only during the hours
3     from 11 o'clock a.m. until 12 o'clock midnight.
4     Notwithstanding any other provision of this Act, alcoholic
5     liquor sold by the State park or restaurant concessionaire
6     is not subject to the provisions of Articles IV and IX.
7     Alcoholic liquors may be sold at retail in buildings on
8 properties under the control of the Historic Sites and
9 Preservation Division of the Historic Preservation Agency or
10 the Abraham Lincoln Presidential Library and Museum provided:
11         a. the property has overnight lodging facilities with
12     some restaurant facilities or, not having overnight
13     lodging facilities, has restaurant facilities which serve
14     complete luncheon and dinner or supper meals,
15         b. consent to the issuance of a license to sell
16     alcoholic liquors in the buildings has been filed with the
17     commission by the Historic Sites and Preservation Division
18     of the Historic Preservation Agency or the Abraham Lincoln
19     Presidential Library and Museum, and
20         c. the alcoholic liquors are sold by the lodge or
21     restaurant concessionaire only during the hours from 11
22     o'clock a.m. until 12 o'clock midnight.
23     The sale of alcoholic liquors pursuant to this Section does
24 not authorize the establishment and operation of facilities
25 commonly called taverns, saloons, bars, cocktail lounges, and
26 the like except as a part of lodge and restaurant facilities in

 

 

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1 State parks or golf courses owned by Forest Preserve Districts
2 with a population of less than 3,000,000 or municipalities or
3 park districts.
4     Alcoholic liquors may be sold at retail in the Springfield
5 Administration Building of the Department of Transportation
6 and the Illinois State Armory in Springfield; provided, that
7 the controlling government authority may consent to such sales
8 only if
9         a. the request is from a not-for-profit organization;
10         b. such sales would not impede normal operations of the
11     departments involved;
12         c. the not-for-profit organization provides dram shop
13     liability in maximum insurance coverage limits and agrees
14     to defend, save harmless and indemnify the State of
15     Illinois from all financial loss, damage or harm;
16         d. no such sale shall be made during normal working
17     hours of the State of Illinois; and
18         e. the consent is in writing.
19     Alcoholic liquors may be sold at retail in buildings in
20 recreational areas of river conservancy districts under the
21 control of, or leased from, the river conservancy districts.
22 Such sales are subject to reasonable local regulations as
23 provided in Article IV; however, no such regulations may
24 prohibit or substantially impair the sale of alcoholic liquors
25 on Sundays or Holidays.
26     Alcoholic liquors may be provided in long term care

 

 

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1 facilities owned or operated by a county under Division 5-21 or
2 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 to
7 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 the
15 Willard Ice Building in Springfield, at the State Library in
16 Springfield, and at Illinois State Museum facilities by (1) an
17 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 manner
25     that does not impair normal operations of State offices
26     located in the building;

 

 

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1         c. Sells or dispenses alcoholic liquors only in
2     connection with an official activity in the building;
3         d. Provides, or its catering service provides, dram
4     shop liability insurance in maximum coverage limits and in
5     which the carrier agrees to defend, save harmless and
6     indemnify the State of Illinois from all financial loss,
7     damage or harm arising out of the selling or dispensing of
8     alcoholic liquors.
9     Nothing in this Act shall prevent a not-for-profit
10 organization or agency of the State from employing the services
11 of a catering establishment for the selling or dispensing of
12 alcoholic liquors at authorized functions.
13     The controlling government authority for the Willard Ice
14 Building in Springfield shall be the Director of the Department
15 of Revenue. The controlling government authority for Illinois
16 State Museum facilities shall be the Director of the Illinois
17 State Museum. The controlling government authority for the
18 State Library in Springfield shall be the Secretary of State.
19     Alcoholic liquors may be delivered to and sold at retail or
20 dispensed at any facility, property or building under the
21 jurisdiction of the Historic Sites and Preservation Division of
22 the Historic Preservation Agency or the Abraham Lincoln
23 Presidential Library and Museum where the delivery, sale or
24 dispensing is by (1) an agency of the State, whether
25 legislative, judicial or executive, provided that such agency
26 first obtains written permission to sell or dispense alcoholic

 

 

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1 liquors from a controlling government authority, or by (2) an
2 individual or organization provided that such individual or
3 organization:
4         a. Obtains written consent from the controlling
5     government authority;
6         b. Sells or dispenses the alcoholic liquors in a manner
7     that does not impair normal workings of State offices or
8     operations located at the facility, property or building;
9         c. Sells or dispenses alcoholic liquors only in
10     connection with an official activity of the individual or
11     organization in the facility, property or building;
12         d. Provides, or its catering service provides, dram
13     shop liability insurance in maximum coverage limits and in
14     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 of
17     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 the
22 Abraham Lincoln Presidential Library and Museum shall be the
23 Director of the Abraham Lincoln Presidential Library and
24 Museum.
25     Alcoholic liquors may be delivered to and sold at retail or
26 dispensed for consumption at the Michael Bilandic Building at

 

 

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1 160 North LaSalle Street, Chicago IL 60601, after the normal
2 business hours of any day care or child care facility located
3 in the building, by (1) a commercial tenant or subtenant
4 conducting business on the premises under a lease made pursuant
5 to Section 405-315 of the Department of Central Management
6 Services Law (20 ILCS 405/405-315), provided that such tenant
7 or subtenant who accepts delivery of, sells, or dispenses
8 alcoholic liquors shall procure and maintain dram shop
9 liability insurance in maximum coverage limits and in which the
10 carrier agrees to defend, indemnify, and save harmless the
11 State of Illinois from all financial loss, damage, or harm
12 arising out of the delivery, sale, or dispensing of alcoholic
13 liquors, or by (2) an agency of the State, whether legislative,
14 judicial, or executive, provided that such agency first obtains
15 written permission to accept delivery of and sell or dispense
16 alcoholic liquors from the Director of Central Management
17 Services, or by (3) a not-for-profit organization, provided
18 that such organization:
19         a. obtains written consent from the Department of
20     Central Management Services;
21         b. accepts delivery of and sells or dispenses the
22     alcoholic liquors in a manner that does not impair normal
23     operations of State offices located in the building;
24         c. accepts delivery of and sells or dispenses alcoholic
25     liquors only in connection with an official activity in the
26     building; and

 

 

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1         d. provides, or its catering service provides, dram
2     shop liability insurance in maximum coverage limits and in
3     which the carrier agrees to defend, save harmless, and
4     indemnify the State of Illinois from all financial loss,
5     damage, or harm arising out of the selling or dispensing of
6     alcoholic liquors.
7     Nothing in this Act shall prevent a not-for-profit
8 organization or agency of the State from employing the services
9 of a catering establishment for the selling or dispensing of
10 alcoholic liquors at functions authorized by the Director of
11 Central Management Services.
12     Alcoholic liquors may be sold at retail or dispensed at the
13 James R. Thompson Center in Chicago, subject to the provisions
14 of Section 7.4 of the State Property Control Act, and 222 South
15 College Street in Springfield, Illinois by (1) a commercial
16 tenant or subtenant conducting business on the premises under a
17 lease or sublease made pursuant to Section 405-315 of the
18 Department of Central Management Services Law (20 ILCS
19 405/405-315), provided that such tenant or subtenant who sells
20 or dispenses alcoholic liquors shall procure and maintain dram
21 shop liability insurance in maximum coverage limits and in
22 which the carrier agrees to defend, indemnify and save harmless
23 the State of Illinois from all financial loss, damage or harm
24 arising out of the sale or dispensing of alcoholic liquors, or
25 by (2) an agency of the State, whether legislative, judicial or
26 executive, provided that such agency first obtains written

 

 

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1 permission to sell or dispense alcoholic liquors from the
2 Director of Central Management Services, or by (3) a
3 not-for-profit organization, 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 manner
7     that does not impair normal operations of State offices
8     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 in
13     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 of
16     alcoholic liquors.
17     Nothing in this Act shall prevent a not-for-profit
18 organization or agency of the State from employing the services
19 of a catering establishment for the selling or dispensing of
20 alcoholic liquors at functions authorized by the Director of
21 Central Management Services.
22     Alcoholic liquors may be sold or delivered at any facility
23 owned by the Illinois Sports Facilities Authority provided that
24 dram shop liability insurance has been made available in a
25 form, with such coverage and in such amounts as the Authority
26 reasonably determines is necessary.

 

 

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1     Alcoholic liquors may be sold at retail or dispensed at the
2 Rockford State Office Building by (1) an agency of the State,
3 whether legislative, judicial or executive, provided that such
4 agency first obtains written permission to sell or dispense
5 alcoholic liquors from the Department of Central Management
6 Services, or by (2) a not-for-profit organization, provided
7 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 manner
11     that does not impair normal operations of State offices
12     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 in
17     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 of
20     alcoholic liquors.
21     Nothing in this Act shall prevent a not-for-profit
22 organization or agency of the State from employing the services
23 of a catering establishment for the selling or dispensing of
24 alcoholic liquors at functions authorized by the Department of
25 Central Management Services.
26     Alcoholic liquors may be sold or delivered in a building

 

 

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1 that is owned by McLean County, situated on land owned by the
2 county in the City of Bloomington, and used by the McLean
3 County Historical Society if the sale or delivery is approved
4 by an ordinance adopted by the county board, and the
5 municipality in which the building is located may not prohibit
6 that sale or delivery, notwithstanding any other provision of
7 this Section. The regulation of the sale and delivery of
8 alcoholic liquor in a building that is owned by McLean County,
9 situated on land owned by the county, and used by the McLean
10 County Historical Society as provided in this paragraph is an
11 exclusive power and function of the State and is a denial and
12 limitation under Article VII, Section 6, subsection (h) of the
13 Illinois Constitution of the power of a home rule municipality
14 to regulate that sale and delivery.
15     Alcoholic liquors may be sold or delivered in any building
16 situated on land held in trust for any school district
17 organized under Article 34 of the School Code, if the building
18 is not used for school purposes and if the sale or delivery is
19 approved by the board of education.
20     Alcoholic liquors may be sold or delivered in buildings
21 owned by the Community Building Complex Committee of Boone
22 County, Illinois if the person or facility selling or
23 dispensing the alcoholic liquor has provided dram shop
24 liability insurance with coverage and in amounts that the
25 Committee reasonably determines are necessary.
26     Alcoholic liquors may be sold or delivered in the building

 

 

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1 located at 1200 Centerville Avenue in Belleville, Illinois and
2 occupied by either the Belleville Area Special Education
3 District or the Belleville Area Special Services Cooperative.
4     Alcoholic liquors may be delivered to and sold at the Louis
5 Joliet Renaissance Center, City Center Campus, located at 214
6 N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
7 Department facilities, Main Campus, located at 1215 Houbolt
8 Road, Joliet, owned by or under the control of Joliet Junior
9 College, Illinois Community College District No. 525.
10     Alcoholic liquors may be delivered to and sold at Triton
11 College, Illinois Community College District No. 504.
12     Alcoholic liquors may be delivered to and sold at the
13 building located at 446 East Hickory Avenue in Apple River,
14 Illinois, owned by the Apple River Fire Protection District,
15 and occupied by the Apple River Community Association if the
16 alcoholic liquor is sold or dispensed only in connection with
17 organized functions approved by the Apple River Community
18 Association for which the planned attendance is 20 or more
19 persons and if the person or facility selling or dispensing the
20 alcoholic liquor has provided dram shop liability insurance in
21 maximum limits so as to hold harmless the Apple River Fire
22 Protection District, the Village of Apple River, and the Apple
23 River Community Association from all financial loss, damage,
24 and harm.
25     Alcoholic liquors may be delivered to and sold at the Sikia
26 Restaurant, Kennedy King College Campus, located at 740 West

 

 

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1 63rd Street, Chicago, and at the Food Services in the Great
2 Hall/Washburne Culinary Institute Department facility, Kennedy
3 King College Campus, located at 740 West 63rd Street, Chicago,
4 owned by or under the control of City Colleges of Chicago,
5 Illinois Community College District No. 508.
6 (Source: P.A. 93-19, eff. 6-20-03; 93-103, eff. 1-1-04; 93-627,
7 eff. 6-1-04; 93-844, eff. 7-30-04; 94-300, eff. 7-21-05;
8 94-382, eff. 7-29-05; 94-463, eff. 8-4-05; 94-1015, eff.
9 7-7-06.)
 
10     (235 ILCS 5/6-33)
11     Sec. 6-33. Sealing and removal of open wine bottles from a
12 restaurant. Notwithstanding any other provision of this Act, a
13 restaurant licensed to sell alcoholic liquor in this State may
14 permit a patron to remove one unsealed and partially consumed
15 bottle of wine for off-premise consumption provided that the
16 patron has purchased a meal and consumed a portion of the
17 bottle of wine with the meal on the restaurant premises. A
18 partially consumed bottle of wine that is to be removed from
19 the premises pursuant to this Section shall be securely sealed
20 by the licensee or an agent of the licensee prior to removal
21 from the premises and placed in a transparent one-time use
22 tamper-proof bag. The licensee or agent of the licensee shall
23 provide a dated receipt for the bottle of wine to the patron.
24 Wine that is resealed in accordance with the provisions of this
25 Section and not tampered with and transported in accordance

 

 

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1 with the restrictions of subsections (a) and (b) of Section
2 11-502 of the Illinois Vehicle Code shall not be deemed to
3 violate an unsealed container for the purposes of Section
4 11-502 of the Illinois Vehicle Code.
5 (Source: P.A. 94-1047, eff. 1-1-07; 95-331, eff. 8-21-07.)
 
6     Section 10. The Illinois Vehicle Code is amended by
7 changing Section 11-502 as follows:
 
8     (625 ILCS 5/11-502)  (from Ch. 95 1/2, par. 11-502)
9     Sec. 11-502. Transportation or possession of alcoholic
10 liquor in a motor vehicle.
11     (a) Except as provided in paragraph (c) and in Section 6-33
12 of the Liquor Control Act of 1934, no driver may transport,
13 carry, possess or have any alcoholic liquor within the
14 passenger area of any motor vehicle upon a highway in this
15 State except in the original container and with the seal
16 unbroken.
17     (b) Except as provided in paragraph (c) and in Section 6-33
18 of the Liquor Control Act of 1934, no passenger may carry,
19 possess or have any alcoholic liquor within any passenger area
20 of any motor vehicle upon a highway in this State except in the
21 original container and with the seal unbroken.
22     (c) This Section shall not apply to the passengers in a
23 limousine when it is being used for purposes for which a
24 limousine is ordinarily used, the passengers on a chartered bus

 

 

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1 when it is being used for purposes for which chartered buses
2 are ordinarily used or on a motor home or mini motor home as
3 defined in Section 1-145.01 of this Code. However, the driver
4 of any such vehicle is prohibited from consuming or having any
5 alcoholic liquor in or about the driver's area. Any evidence of
6 alcoholic consumption by the driver shall be prima facie
7 evidence of such driver's failure to obey this Section. For the
8 purposes of this Section, a limousine is a motor vehicle of the
9 first division with the passenger compartment enclosed by a
10 partition or dividing window used in the for-hire
11 transportation of passengers and operated by an individual in
12 possession of a valid Illinois driver's license of the
13 appropriate classification pursuant to Section 6-104 of this
14 Code.
15     (d) (Blank) The exemption applicable to chartered buses
16 under paragraph (c) does not apply to any chartered bus being
17 used for school purposes.
18     (e) Any driver who is convicted of violating subsection (a)
19 of this Section for a second or subsequent time within one year
20 of a similar conviction shall be subject to suspension of
21 driving privileges as provided, in paragraph 23 of subsection
22 (a) of Section 6-206 of this Code.
23     (f) Any driver, who is less than 21 years of age at the
24 date of the offense and who is convicted of violating
25 subsection (a) of this Section or a similar provision of a
26 local ordinance, shall be subject to the loss of driving

 

 

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1 privileges as provided in paragraph 13 of subsection (a) of
2 Section 6-205 of this Code and paragraph 33 of subsection (a)
3 of Section 6-206 of this Code.
4 (Source: P.A. 94-1047, eff. 1-1-07.)
 
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.".