95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2322

 

Introduced 2/14/2008, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/6-15   from Ch. 43, par. 130

    Amends the Liquor Control Act of 1934. Deletes a provision allowing alcoholic liquors to be delivered to or sold at Memorial Stadium on the campus of the University of Illinois at Urbana-Champaign during games in which the Chicago Bears professional football team is playing in that stadium during the renovation of Soldier Field or in a restaurant that is operated by a commercial tenant in the North Campus Parking Deck building that (1) is located at 1201 West University Avenue, Urbana, Illinois and (2) is owned by the Board of Trustees of the University of Illinois. Deletes a similar provision allowing the sale or delivery of alcoholic liquors at professional soccer and womens' basketball games on the campus of the U. of I-Chicago. Provides that alcoholic liquors may be served or sold in buildings under the control of the Board of Trustees of the University of Illinois for events that the Board may determine are public events and not related student activities. Provides that the Board of Trustees shall issue a written policy within 6 months of the effective date of the Act concerning the types of events that would be eligible for an exemption. Sets forth a list of factors that the Board of Trustees shall consider in preparing its written policy. Provides that any policy submitted by the Board of Trustees to the Illinois Liquor Control Commission must require that any event at which alcoholic liquors are served or sold in buildings under the control of the Board of Trustees shall require the prior written approval of the Office of the Chancellor for the University campus where the event is located. Effective immediately.


LRB095 17037 KBJ 43086 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2322 LRB095 17037 KBJ 43086 b

1     AN ACT concerning liquor.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Liquor Control Act of 1934 is amended by
5 changing Section 6-15 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
17 ordinances in any incorporated area of the township. Alcoholic
18 liquor may be delivered to and sold under the authority of a
19 special use permit on any property owned by a conservation
20 district organized under the Conservation District Act,
21 provided that (i) the alcoholic liquor is sold only at an event
22 authorized by the governing board of the conservation district,
23 (ii) the issuance of the special use permit is authorized by

 

 

SB2322 - 2 - LRB095 17037 KBJ 43086 b

1 the local liquor control commissioner of the territory in which
2 the property is located, and (iii) the special use permit
3 authorizes the sale of alcoholic liquor for one day or less.
4 Alcoholic liquors may be delivered to and sold at any airport
5 belonging to or under the control of a municipality of more
6 than 25,000 inhabitants, or in any building or on any golf
7 course owned by a park district organized under the Park
8 District Code, subject to the approval of the governing board
9 of the district, or in any building or on any golf course owned
10 by a forest preserve district organized under the Downstate
11 Forest Preserve District Act, subject to the approval of the
12 governing board of the district, or on the grounds within 500
13 feet of any building owned by a forest preserve district
14 organized under the Downstate Forest Preserve District Act
15 during times when food is dispensed for consumption within 500
16 feet of the building from which the food is dispensed, subject
17 to the approval of the governing board of the district, or in a
18 building owned by a Local Mass Transit District organized under
19 the Local Mass Transit District Act, subject to the approval of
20 the governing Board of the District, or in Bicentennial Park,
21 or on the premises of the City of Mendota Lake Park located
22 adjacent to Route 51 in Mendota, Illinois, or on the premises
23 of Camden Park in Milan, Illinois, or in the community center
24 owned by the City of Loves Park that is located at 1000 River
25 Park Drive in Loves Park, Illinois, or, in connection with the
26 operation of an established food serving facility during times

 

 

SB2322 - 3 - LRB095 17037 KBJ 43086 b

1 when food is dispensed for consumption on the premises, and at
2 the following aquarium and museums located in public parks: Art
3 Institute of Chicago, Chicago Academy of Sciences, Chicago
4 Historical Society, Field Museum of Natural History, Museum of
5 Science and Industry, DuSable Museum of African American
6 History, John G. Shedd Aquarium and Adler Planetarium, or at
7 Lakeview Museum of Arts and Sciences in Peoria, or in
8 connection with the operation of the facilities of the Chicago
9 Zoological Society or the Chicago Horticultural Society on land
10 owned by the Forest Preserve District of Cook County, or on any
11 land used for a golf course or for recreational purposes owned
12 by the Forest Preserve District of Cook County, subject to the
13 control of the Forest Preserve District Board of Commissioners
14 and applicable local law, provided that dram shop liability
15 insurance is provided at maximum coverage limits so as to hold
16 the District harmless from all financial loss, damage, and
17 harm, or in any building located on land owned by the Chicago
18 Park District if approved by the Park District Commissioners,
19 or on any land used for a golf course or for recreational
20 purposes and owned by the Illinois International Port District
21 if approved by the District's governing board, or at any
22 airport, golf course, faculty center, or facility in which
23 conference and convention type activities take place belonging
24 to or under control of any State university or public community
25 college district, provided that with respect to a facility for
26 conference and convention type activities alcoholic liquors

 

 

SB2322 - 4 - LRB095 17037 KBJ 43086 b

1 shall be limited to the use of the convention or conference
2 participants or participants in cultural, political or
3 educational activities held in such facilities, and provided
4 further that the faculty or staff of the State university or a
5 public community college district, or members of an
6 organization of students, alumni, faculty or staff of the State
7 university or a public community college district are active
8 participants in the conference or convention, or in Memorial
9 Stadium on the campus of the University of Illinois at
10 Urbana-Champaign during games in which the Chicago Bears
11 professional football team is playing in that stadium during
12 the renovation of Soldier Field, not more than one and a half
13 hours before the start of the game and not after the end of the
14 third quarter of the game, or in the Pavilion Facility on the
15 campus of the University of Illinois at Chicago during games in
16 which the Chicago Storm professional soccer team is playing in
17 that facility, not more than one and a half hours before the
18 start of the game and not after the end of the third quarter of
19 the game, or in the Pavilion Facility on the campus of the
20 University of Illinois at Chicago during games in which the
21 WNBA professional women's basketball team is playing in that
22 facility, not more than one and a half hours before the start
23 of the game and not after the 10-minute mark of the second half
24 of the game, or by a catering establishment which has rented
25 facilities from a board of trustees of a public community
26 college district, or in a restaurant that is operated by a

 

 

SB2322 - 5 - LRB095 17037 KBJ 43086 b

1 commercial tenant in the North Campus Parking Deck building
2 that (1) is located at 1201 West University Avenue, Urbana,
3 Illinois and (2) is owned by the Board of Trustees of the
4 University of Illinois, or, if approved by the District board,
5 on land owned by the Metropolitan Sanitary District of Greater
6 Chicago and leased to others for a term of at least 20 years.
7 Nothing in this Section precludes the sale or delivery of
8 alcoholic liquor in the form of original packaged goods in
9 premises located at 500 S. Racine in Chicago belonging to the
10 University of Illinois and used primarily as a grocery store by
11 a commercial tenant during the term of a lease that predates
12 the University's acquisition of the premises; but the
13 University shall have no power or authority to renew, transfer,
14 or extend the lease with terms allowing the sale of alcoholic
15 liquor; and the sale of alcoholic liquor shall be subject to
16 all local laws and regulations. After the acquisition by
17 Winnebago County of the property located at 404 Elm Street in
18 Rockford, a commercial tenant who sold alcoholic liquor at
19 retail on a portion of the property under a valid license at
20 the time of the acquisition may continue to do so for so long
21 as the tenant and the County may agree under existing or future
22 leases, subject to all local laws and regulations regarding the
23 sale of alcoholic liquor. Each facility shall provide dram shop
24 liability in maximum insurance coverage limits so as to save
25 harmless the State, municipality, State university, airport,
26 golf course, faculty center, facility in which conference and

 

 

SB2322 - 6 - LRB095 17037 KBJ 43086 b

1 convention type activities take place, park district, Forest
2 Preserve District, public community college district,
3 aquarium, museum, or sanitary district from all financial loss,
4 damage or harm. Alcoholic liquors may be sold at retail in
5 buildings of golf courses owned by municipalities in connection
6 with the operation of an established food serving facility
7 during times when food is dispensed for consumption upon the
8 premises. Alcoholic liquors may be delivered to and sold at
9 retail in any building owned by a fire protection district
10 organized under the Fire Protection District Act, provided that
11 such delivery and sale is approved by the board of trustees of
12 the district, and provided further that such delivery and sale
13 is limited to fundraising events and to a maximum of 6 events
14 per year.
15     Alcoholic liquors may be served or sold in buildings under
16 the control of the Board of Trustees of the University of
17 Illinois for events that the Board may determine are public
18 events and not related student activities. The Board of
19 Trustees shall issue a written policy within 6 months of the
20 effective date of this amendatory Act of the 95th General
21 Assembly concerning the types of events that would be eligible
22 for an exemption. Thereafter, the Board of Trustees may issue
23 revised, updated, new, or amended policies as it deems
24 necessary and appropriate. In preparing its written policy, the
25 Board of Trustees shall, among other factors it considers
26 relevant and important, give consideration to the following:

 

 

SB2322 - 7 - LRB095 17037 KBJ 43086 b

1 (i) whether the event is a student activity or student related
2 activity; (ii) whether the physical setting of the event is
3 conducive to control of liquor sales and distribution; (iii)
4 the ability of the event operator to ensure that the sale or
5 serving of alcoholic liquors and the demeanor of the
6 participants are in accordance with State law and University
7 policies; (iv) regarding the anticipated attendees at the
8 event, the relative proportion of individuals under the age of
9 21 to individuals age 21 or older; (v) the ability of the venue
10 operator to prevent the sale or distribution of alcoholic
11 liquors to individuals under the age of 21; (vi) whether the
12 event prohibits participants from removing alcoholic beverages
13 from the venue; and (vii) whether the event prohibits
14 participants from providing their own alcoholic liquors to the
15 venue. In addition, any policy submitted by the Board of
16 Trustees to the Illinois Liquor Control Commission must require
17 that any event at which alcoholic liquors are served or sold in
18 buildings under the control of the Board of Trustees shall
19 require the prior written approval of the Office of the
20 Chancellor for the University campus where the event is
21 located. The Board of Trustees shall submit its policy, and any
22 subsequently revised, updated, new, or amended policies, to the
23 Illinois Liquor Control Commission, and any University event,
24 or location for an event, exempted under such policies shall
25 apply for a license under the applicable Sections of this Act.
26     Alcoholic liquor may be delivered to and sold at retail in

 

 

SB2322 - 8 - LRB095 17037 KBJ 43086 b

1 the Dorchester Senior Business Center owned by the Village of
2 Dolton if the alcoholic liquor is sold or dispensed only in
3 connection with organized functions for which the planned
4 attendance is 20 or more persons, and if the person or facility
5 selling or dispensing the alcoholic liquor has provided dram
6 shop liability insurance in maximum limits so as to hold
7 harmless the Village of Dolton and the State from all financial
8 loss, damage and harm.
9     Alcoholic liquors may be delivered to and sold at retail in
10 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 in
15     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 alcoholic
20     liquors has provided dram shop liability insurance in
21     maximum limits so as to save harmless the facility and the
22     State from all financial loss, damage or harm.
23     Alcoholic liquors may be delivered to and sold at retail in
24 the Chicago Civic Center, provided that:
25         (i) the written consent of the Public Building
26     Commission which administers the Chicago Civic Center is

 

 

SB2322 - 9 - LRB095 17037 KBJ 43086 b

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

 

 

SB2322 - 10 - LRB095 17037 KBJ 43086 b

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

 

 

SB2322 - 11 - LRB095 17037 KBJ 43086 b

1 Preserve District of Kane County, subject to the control of the
2 District Commissioners and applicable local law, provided that
3 dram shop liability insurance is provided at maximum coverage
4 limits so as to hold the District harmless from all financial
5 loss, damage and harm.
6     Nothing in this Section shall preclude the sale or delivery
7 of beer and wine at a State or county fair or the sale or
8 delivery of beer or wine at a city fair in any otherwise lawful
9 manner.
10     Alcoholic liquors may be sold at retail in buildings in
11 State parks under the control of the Department of Natural
12 Resources, provided:
13         a. the State park has overnight lodging facilities with
14     some restaurant facilities or, not having overnight
15     lodging facilities, has restaurant facilities which serve
16     complete luncheon and dinner or supper meals,
17         b. consent to the issuance of a license to sell
18     alcoholic liquors in the buildings has been filed with the
19     commission by the Department of Natural Resources, and
20         c. the alcoholic liquors are sold by the State park
21     lodge or restaurant concessionaire only during the hours
22     from 11 o'clock a.m. until 12 o'clock midnight.
23     Notwithstanding any other provision of this Act, alcoholic
24     liquor sold by the State park or restaurant concessionaire
25     is not subject to the provisions of Articles IV and IX.
26     Alcoholic liquors may be sold at retail in buildings on

 

 

SB2322 - 12 - LRB095 17037 KBJ 43086 b

1 properties under the control of the Historic Sites and
2 Preservation Division of the Historic Preservation Agency or
3 the Abraham Lincoln Presidential Library and Museum provided:
4         a. the property has overnight lodging facilities with
5     some restaurant facilities or, not having overnight
6     lodging facilities, has restaurant facilities which serve
7     complete luncheon and dinner or supper meals,
8         b. consent to the issuance of a license to sell
9     alcoholic liquors in the buildings has been filed with the
10     commission by the Historic Sites and Preservation Division
11     of the Historic Preservation Agency or the Abraham Lincoln
12     Presidential Library and Museum, and
13         c. the alcoholic liquors are sold by the lodge or
14     restaurant concessionaire only during the hours from 11
15     o'clock a.m. until 12 o'clock midnight.
16     The sale of alcoholic liquors pursuant to this Section does
17 not authorize the establishment and operation of facilities
18 commonly called taverns, saloons, bars, cocktail lounges, and
19 the like except as a part of lodge and restaurant facilities in
20 State parks or golf courses owned by Forest Preserve Districts
21 with a population of less than 3,000,000 or municipalities or
22 park districts.
23     Alcoholic liquors may be sold at retail in the Springfield
24 Administration Building of the Department of Transportation
25 and the Illinois State Armory in Springfield; provided, that
26 the controlling government authority may consent to such sales

 

 

SB2322 - 13 - LRB095 17037 KBJ 43086 b

1 only if
2         a. the request is from a not-for-profit organization;
3         b. such sales would not impede normal operations of the
4     departments involved;
5         c. the not-for-profit organization provides dram shop
6     liability in maximum insurance coverage limits and agrees
7     to defend, save harmless and indemnify the State of
8     Illinois from all financial loss, damage or harm;
9         d. no such sale shall be made during normal working
10     hours of the State of Illinois; and
11         e. the consent is in writing.
12     Alcoholic liquors may be sold at retail in buildings in
13 recreational areas of river conservancy districts under the
14 control of, or leased from, the river conservancy districts.
15 Such sales are subject to reasonable local regulations as
16 provided in Article IV; however, no such regulations may
17 prohibit or substantially impair the sale of alcoholic liquors
18 on Sundays or Holidays.
19     Alcoholic liquors may be provided in long term care
20 facilities owned or operated by a county under Division 5-21 or
21 5-22 of the Counties Code, when approved by the facility
22 operator and not in conflict with the regulations of the
23 Illinois Department of Public Health, to residents of the
24 facility who have had their consumption of the alcoholic
25 liquors provided approved in writing by a physician licensed to
26 practice medicine in all its branches.

 

 

SB2322 - 14 - LRB095 17037 KBJ 43086 b

1     Alcoholic liquors may be delivered to and dispensed in
2 State housing assigned to employees of the Department of
3 Corrections. No person shall furnish or allow to be furnished
4 any alcoholic liquors to any prisoner confined in any jail,
5 reformatory, prison or house of correction except upon a
6 physician's prescription for medicinal purposes.
7     Alcoholic liquors may be sold at retail or dispensed at the
8 Willard Ice Building in Springfield, at the State Library in
9 Springfield, and at Illinois State Museum facilities by (1) an
10 agency of the State, whether legislative, judicial or
11 executive, provided that such agency first obtains written
12 permission to sell or dispense alcoholic liquors from the
13 controlling government authority, or by (2) a not-for-profit
14 organization, provided that such organization:
15         a. Obtains written consent from the controlling
16     government authority;
17         b. Sells or dispenses the alcoholic liquors in a manner
18     that does not impair normal operations of State offices
19     located in the building;
20         c. Sells or dispenses alcoholic liquors only in
21     connection with an official activity in the building;
22         d. Provides, or its catering service provides, dram
23     shop liability insurance in maximum coverage limits and in
24     which the carrier agrees to defend, save harmless and
25     indemnify the State of Illinois from all financial loss,
26     damage or harm arising out of the selling or dispensing of

 

 

SB2322 - 15 - LRB095 17037 KBJ 43086 b

1     alcoholic liquors.
2     Nothing in this Act shall prevent a not-for-profit
3 organization or agency of the State from employing the services
4 of a catering establishment for the selling or dispensing of
5 alcoholic liquors at authorized functions.
6     The controlling government authority for the Willard Ice
7 Building in Springfield shall be the Director of the Department
8 of Revenue. The controlling government authority for Illinois
9 State Museum facilities shall be the Director of the Illinois
10 State Museum. The controlling government authority for the
11 State Library in Springfield shall be the Secretary of State.
12     Alcoholic liquors may be delivered to and sold at retail or
13 dispensed at any facility, property or building under the
14 jurisdiction of the Historic Sites and Preservation Division of
15 the Historic Preservation Agency or the Abraham Lincoln
16 Presidential Library and Museum where the delivery, sale or
17 dispensing is by (1) an agency of the State, whether
18 legislative, judicial or executive, provided that such agency
19 first obtains written permission to sell or dispense alcoholic
20 liquors from a controlling government authority, or by (2) an
21 individual or organization provided that such individual or
22 organization:
23         a. Obtains written consent from the controlling
24     government authority;
25         b. Sells or dispenses the alcoholic liquors in a manner
26     that does not impair normal workings of State offices or

 

 

SB2322 - 16 - LRB095 17037 KBJ 43086 b

1     operations located at the facility, property or building;
2         c. Sells or dispenses alcoholic liquors only in
3     connection with an official activity of the individual or
4     organization in the facility, property or building;
5         d. Provides, or its catering service provides, dram
6     shop liability insurance in maximum coverage limits and in
7     which the carrier agrees to defend, save harmless and
8     indemnify the State of Illinois from all financial loss,
9     damage or harm arising out of the selling or dispensing of
10     alcoholic liquors.
11     The controlling government authority for the Historic
12 Sites and Preservation Division of the Historic Preservation
13 Agency shall be the Director of the Historic Sites and
14 Preservation, and the controlling government authority for the
15 Abraham Lincoln Presidential Library and Museum shall be the
16 Director of the Abraham Lincoln Presidential Library and
17 Museum.
18     Alcoholic liquors may be delivered to and sold at retail or
19 dispensed for consumption at the Michael Bilandic Building at
20 160 North LaSalle Street, Chicago IL 60601, after the normal
21 business hours of any day care or child care facility located
22 in the building, by (1) a commercial tenant or subtenant
23 conducting business on the premises under a lease made pursuant
24 to Section 405-315 of the Department of Central Management
25 Services Law (20 ILCS 405/405-315), provided that such tenant
26 or subtenant who accepts delivery of, sells, or dispenses

 

 

SB2322 - 17 - LRB095 17037 KBJ 43086 b

1 alcoholic liquors shall procure and maintain dram shop
2 liability insurance in maximum coverage limits and in which the
3 carrier agrees to defend, indemnify, and save harmless the
4 State of Illinois from all financial loss, damage, or harm
5 arising out of the delivery, sale, or dispensing of alcoholic
6 liquors, or by (2) an agency of the State, whether legislative,
7 judicial, or executive, provided that such agency first obtains
8 written permission to accept delivery of and sell or dispense
9 alcoholic liquors from the Director of Central Management
10 Services, or by (3) a not-for-profit organization, provided
11 that such organization:
12         a. obtains written consent from the Department of
13     Central Management Services;
14         b. accepts delivery of and sells or dispenses the
15     alcoholic liquors in a manner that does not impair normal
16     operations of State offices located in the building;
17         c. accepts delivery of and sells or dispenses alcoholic
18     liquors only in connection with an official activity in the
19     building; and
20         d. provides, or its catering service provides, dram
21     shop liability insurance in maximum coverage limits and in
22     which the carrier agrees to defend, save harmless, and
23     indemnify the State of Illinois from all financial loss,
24     damage, or harm arising out of the selling or dispensing of
25     alcoholic liquors.
26     Nothing in this Act shall prevent a not-for-profit

 

 

SB2322 - 18 - LRB095 17037 KBJ 43086 b

1 organization or agency of the State from employing the services
2 of a catering establishment for the selling or dispensing of
3 alcoholic liquors at functions authorized by the Director of
4 Central Management Services.
5     Alcoholic liquors may be sold at retail or dispensed at the
6 James R. Thompson Center in Chicago, subject to the provisions
7 of Section 7.4 of the State Property Control Act, and 222 South
8 College Street in Springfield, Illinois by (1) a commercial
9 tenant or subtenant conducting business on the premises under a
10 lease or sublease made pursuant to Section 405-315 of the
11 Department of Central Management Services Law (20 ILCS
12 405/405-315), provided that such tenant or subtenant who sells
13 or dispenses alcoholic liquors shall procure and maintain dram
14 shop liability insurance in maximum coverage limits and in
15 which the carrier agrees to defend, indemnify and save harmless
16 the State of Illinois from all financial loss, damage or harm
17 arising out of the sale or dispensing of alcoholic liquors, or
18 by (2) an 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 manner
26     that does not impair normal operations of State offices

 

 

SB2322 - 19 - LRB095 17037 KBJ 43086 b

1     located in the building;
2         c. Sells or dispenses alcoholic liquors only in
3     connection with an official activity in the building;
4         d. Provides, or its catering service provides, dram
5     shop liability insurance in maximum coverage limits and in
6     which the carrier agrees to defend, save harmless and
7     indemnify the State of Illinois from all financial loss,
8     damage or harm arising out of the selling or dispensing of
9     alcoholic liquors.
10     Nothing in this Act shall prevent a not-for-profit
11 organization or agency of the State from employing the services
12 of a catering establishment for the selling or dispensing of
13 alcoholic liquors at functions authorized by the Director of
14 Central Management Services.
15     Alcoholic liquors may be sold or delivered at any facility
16 owned by the Illinois Sports Facilities Authority provided that
17 dram shop liability insurance has been made available in a
18 form, with such coverage and in such amounts as the Authority
19 reasonably determines is necessary.
20     Alcoholic liquors may be sold at retail or dispensed at the
21 Rockford State Office Building by (1) an agency of the State,
22 whether legislative, judicial or executive, provided that such
23 agency first obtains written permission to sell or dispense
24 alcoholic liquors from the Department of Central Management
25 Services, or by (2) a not-for-profit organization, provided
26 that such organization:

 

 

SB2322 - 20 - LRB095 17037 KBJ 43086 b

1         a. Obtains written consent from the Department of
2     Central Management Services;
3         b. Sells or dispenses the alcoholic liquors in a manner
4     that does not impair normal operations of State offices
5     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 in
10     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 of
13     alcoholic liquors.
14     Nothing in this Act shall prevent a not-for-profit
15 organization or agency of the State from employing the services
16 of a catering establishment for the selling or dispensing of
17 alcoholic liquors at functions authorized by the Department of
18 Central Management Services.
19     Alcoholic liquors may be sold or delivered in a building
20 that is owned by McLean County, situated on land owned by the
21 county in the City of Bloomington, and used by the McLean
22 County Historical Society if the sale or delivery is approved
23 by an ordinance adopted by the county board, and the
24 municipality in which the building is located may not prohibit
25 that sale or delivery, notwithstanding any other provision of
26 this Section. The regulation of the sale and delivery of

 

 

SB2322 - 21 - LRB095 17037 KBJ 43086 b

1 alcoholic liquor in a building that is owned by McLean County,
2 situated on land owned by the county, and used by the McLean
3 County Historical Society as provided in this paragraph is an
4 exclusive power and function of the State and is a denial and
5 limitation under Article VII, Section 6, subsection (h) of the
6 Illinois Constitution of the power of a home rule municipality
7 to regulate that sale and delivery.
8     Alcoholic liquors may be sold or delivered in any building
9 situated on land held in trust for any school district
10 organized under Article 34 of the School Code, if the building
11 is not used for school purposes and if the sale or delivery is
12 approved by the board of education.
13     Alcoholic liquors may be sold or delivered in buildings
14 owned by the Community Building Complex Committee of Boone
15 County, Illinois if the person or facility selling or
16 dispensing the alcoholic liquor has provided dram shop
17 liability insurance with coverage and in amounts that the
18 Committee reasonably determines are necessary.
19     Alcoholic liquors may be sold or delivered in the building
20 located at 1200 Centerville Avenue in Belleville, Illinois and
21 occupied by either the Belleville Area Special Education
22 District or the Belleville Area Special Services Cooperative.
23     Alcoholic liquors may be delivered to and sold at the Louis
24 Joliet Renaissance Center, City Center Campus, located at 214
25 N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
26 Department facilities, Main Campus, located at 1215 Houbolt

 

 

SB2322 - 22 - LRB095 17037 KBJ 43086 b

1 Road, Joliet, owned by or under the control of Joliet Junior
2 College, Illinois Community College District No. 525.
3     Alcoholic liquors may be delivered to and sold at the
4 building located at 446 East Hickory Avenue in Apple River,
5 Illinois, owned by the Apple River Fire Protection District,
6 and occupied by the Apple River Community Association if the
7 alcoholic liquor is sold or dispensed only in connection with
8 organized functions approved by the Apple River Community
9 Association for which the planned attendance is 20 or more
10 persons and if the person or facility selling or dispensing the
11 alcoholic liquor has provided dram shop liability insurance in
12 maximum limits so as to hold harmless the Apple River Fire
13 Protection District, the Village of Apple River, and the Apple
14 River Community Association from all financial loss, damage,
15 and harm.
16 (Source: P.A. 93-19, eff. 6-20-03; 93-103, eff. 1-1-04; 93-627,
17 eff. 6-1-04; 93-844, eff. 7-30-04; 94-300, eff. 7-21-05;
18 94-382, eff. 7-29-05; 94-463, eff. 8-4-05; 94-1015, eff.
19 7-7-06.)
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.