Full Text of SB2231 95th General Assembly
SB2231ham001 95TH GENERAL ASSEMBLY
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Rep. Arthur L. Turner
Filed: 5/29/2008
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| AMENDMENT TO SENATE BILL 2231
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| AMENDMENT NO. ______. Amend Senate Bill 2231 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Sections 6-15 and 6-33 as follows:
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| (235 ILCS 5/6-15) (from Ch. 43, par. 130)
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| 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
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| 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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| 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
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| 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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| 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
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| 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
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| 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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| 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
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| 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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| 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
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| 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
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| 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
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| retail on a portion of the property under a valid license at |
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| 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
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| 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
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| 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.
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| 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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| 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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| 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
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| harmless the Village of Dolton and the State from all financial | 15 |
| loss,
damage and harm.
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| Alcoholic liquors may be delivered to and sold at retail in | 17 |
| any
building used as an Illinois State Armory provided:
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| (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;
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| (ii) the alcoholic liquor is sold or dispensed only in | 22 |
| connection
with organized functions held on special | 23 |
| occasions;
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| (iii) the organized function is one for which the | 25 |
| planned attendance
is 25 or more persons; and
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| (iv) the facility selling or dispensing the alcoholic |
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| 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.
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| Alcoholic liquors may be delivered to and sold at retail in | 5 |
| the Chicago
Civic Center, provided that:
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| (i) the written consent of the Public Building | 7 |
| Commission which
administers the Chicago Civic Center is | 8 |
| filed with the Commission;
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| (ii) the alcoholic liquor is sold or dispensed only in | 10 |
| connection with
organized functions held on special | 11 |
| occasions;
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| (iii) the organized function is one for which the | 13 |
| planned attendance is
25 or more persons;
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| (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
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| (v) all applicable local ordinances are complied with.
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| 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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| 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.
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| 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
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| 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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| 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.
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| 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.
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| 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.
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| Alcoholic liquors may be sold at retail in buildings in | 18 |
| State parks
under the control of the Department of Natural | 19 |
| Resources,
provided:
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| 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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| 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.
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| 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,
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| 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.
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| 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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| 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.
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| 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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| 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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| 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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| 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 |
|
|
|
09500SB2231ham001 |
- 17 - |
LRB095 15654 RPM 51654 a |
|
| 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
|
|
|
|
09500SB2231ham001 |
- 18 - |
LRB095 15654 RPM 51654 a |
|
| 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
|
|
|
|
09500SB2231ham001 |
- 19 - |
LRB095 15654 RPM 51654 a |
|
| 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.
|
|
|
|
09500SB2231ham001 |
- 20 - |
LRB095 15654 RPM 51654 a |
|
| 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 |
|
|
|
09500SB2231ham001 |
- 21 - |
LRB095 15654 RPM 51654 a |
|
| 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 |
|
|
|
09500SB2231ham001 |
- 22 - |
LRB095 15654 RPM 51654 a |
|
| 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 |
|
|
|
09500SB2231ham001 |
- 23 - |
LRB095 15654 RPM 51654 a |
|
| 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 |
|
|
|
09500SB2231ham001 |
- 24 - |
LRB095 15654 RPM 51654 a |
|
| 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 |
|
|
|
09500SB2231ham001 |
- 25 - |
LRB095 15654 RPM 51654 a |
|
| 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
|
|
|
|
09500SB2231ham001 |
- 26 - |
LRB095 15654 RPM 51654 a |
|
| 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.".
|
|