Illinois General Assembly - Full Text of HB3450
Illinois General Assembly

Previous General Assemblies

Full Text of HB3450  97th General Assembly

HB3450sam001 97TH GENERAL ASSEMBLY

Sen. Antonio Muñoz

Filed: 1/2/2013

 

 


 

 


 
09700HB3450sam001LRB097 08792 MGM 72917 a

1
AMENDMENT TO HOUSE BILL 3450

2    AMENDMENT NO. ______. Amend House Bill 3450 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 5-1, 6-4, 6-11, and 6-15 as follows:
 
6    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
7    Sec. 5-1. Licenses issued by the Illinois Liquor Control
8Commission shall be of the following classes:
9    (a) Manufacturer's license - Class 1. Distiller, Class 2.
10Rectifier, Class 3. Brewer, Class 4. First Class Wine
11Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
12First Class Winemaker, Class 7. Second Class Winemaker, Class
138. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
1410. Craft Brewer,
15    (b) Distributor's license,
16    (c) Importing Distributor's license,

 

 

09700HB3450sam001- 2 -LRB097 08792 MGM 72917 a

1    (d) Retailer's license,
2    (e) Special Event Retailer's license (not-for-profit),
3    (f) Railroad license,
4    (g) Boat license,
5    (h) Non-Beverage User's license,
6    (i) Wine-maker's premises license,
7    (j) Airplane license,
8    (k) Foreign importer's license,
9    (l) Broker's license,
10    (m) Non-resident dealer's license,
11    (n) Brew Pub license,
12    (o) Auction liquor license,
13    (p) Caterer retailer license,
14    (q) Special use permit license,
15    (r) Winery shipper's license.
16    No person, firm, partnership, corporation, or other legal
17business entity that is engaged in the manufacturing of wine
18may concurrently obtain and hold a wine-maker's license and a
19wine manufacturer's license.
20    (a) A manufacturer's license shall allow the manufacture,
21importation in bulk, storage, distribution and sale of
22alcoholic liquor to persons without the State, as may be
23permitted by law and to licensees in this State as follows:
24    Class 1. A Distiller may make sales and deliveries of
25alcoholic liquor to distillers, rectifiers, importing
26distributors, distributors and non-beverage users and to no

 

 

09700HB3450sam001- 3 -LRB097 08792 MGM 72917 a

1other licensees.
2    Class 2. A Rectifier, who is not a distiller, as defined
3herein, may make sales and deliveries of alcoholic liquor to
4rectifiers, importing distributors, distributors, retailers
5and non-beverage users and to no other licensees.
6    Class 3. A Brewer may make sales and deliveries of beer to
7importing distributors and distributors and may make sales as
8authorized under subsection (e) of Section 6-4 of this Act.
9    Class 4. A first class wine-manufacturer may make sales and
10deliveries of up to 50,000 gallons of wine to manufacturers,
11importing distributors and distributors, and to no other
12licensees.
13    Class 5. A second class Wine manufacturer may make sales
14and deliveries of more than 50,000 gallons of wine to
15manufacturers, importing distributors and distributors and to
16no other licensees.
17    Class 6. A first-class wine-maker's license shall allow the
18manufacture of up to 50,000 gallons of wine per year, and the
19storage and sale of such wine to distributors in the State and
20to persons without the State, as may be permitted by law. A
21person who, prior to the effective date of this amendatory Act
22of the 95th General Assembly, is a holder of a first-class
23wine-maker's license and annually produces more than 25,000
24gallons of its own wine and who distributes its wine to
25licensed retailers shall cease this practice on or before July
261, 2008 in compliance with this amendatory Act of the 95th

 

 

09700HB3450sam001- 4 -LRB097 08792 MGM 72917 a

1General Assembly.
2    Class 7. A second-class wine-maker's license shall allow
3the manufacture of between 50,000 and 150,000 gallons of wine
4per year, and the storage and sale of such wine to distributors
5in this State and to persons without the State, as may be
6permitted by law. A person who, prior to the effective date of
7this amendatory Act of the 95th General Assembly, is a holder
8of a second-class wine-maker's license and annually produces
9more than 25,000 gallons of its own wine and who distributes
10its wine to licensed retailers shall cease this practice on or
11before July 1, 2008 in compliance with this amendatory Act of
12the 95th General Assembly.
13    Class 8. A limited wine-manufacturer may make sales and
14deliveries not to exceed 40,000 gallons of wine per year to
15distributors, and to non-licensees in accordance with the
16provisions of this Act.
17    Class 9. A craft distiller license shall allow the
18manufacture of up to 30,000 gallons of spirits by distillation
19for one year after the effective date of this amendatory Act of
20the 97th General Assembly and up to 35,000 up to 15,000 gallons
21of spirits by distillation per year thereafter and the storage
22of such spirits. If a craft distiller licensee is not
23affiliated with any other manufacturer, then the craft
24distiller licensee may sell such spirits to distributors in
25this State and up to 2,500 gallons of such spirits to and
26non-licensees to the extent permitted by any exemption approved

 

 

09700HB3450sam001- 5 -LRB097 08792 MGM 72917 a

1by the Commission pursuant to Section 6-4 of this Act.
2    Any craft distiller licensed under this Act who on the
3effective date of this amendatory Act of the 96th General
4Assembly was licensed as a distiller and manufactured no more
5spirits than permitted by this Section shall not be required to
6pay the initial licensing fee.
7    Class 10. A craft brewer's license, which may only be
8issued to a licensed brewer or licensed non-resident dealer,
9shall allow the manufacture of up to 465,000 gallons of beer
10per year. A craft brewer licensee may make sales and deliveries
11to importing distributors and distributors and to retail
12licensees in accordance with the conditions set forth in
13paragraph (18) of subsection (a) of Section 3-12 of this Act.
14    (a-1) A manufacturer which is licensed in this State to
15make sales or deliveries of alcoholic liquor and which enlists
16agents, representatives, or individuals acting on its behalf
17who contact licensed retailers on a regular and continual basis
18in this State must register those agents, representatives, or
19persons acting on its behalf with the State Commission.
20    Registration of agents, representatives, or persons acting
21on behalf of a manufacturer is fulfilled by submitting a form
22to the Commission. The form shall be developed by the
23Commission and shall include the name and address of the
24applicant, the name and address of the manufacturer he or she
25represents, the territory or areas assigned to sell to or
26discuss pricing terms of alcoholic liquor, and any other

 

 

09700HB3450sam001- 6 -LRB097 08792 MGM 72917 a

1questions deemed appropriate and necessary. All statements in
2the forms required to be made by law or by rule shall be deemed
3material, and any person who knowingly misstates any material
4fact under oath in an application is guilty of a Class B
5misdemeanor. Fraud, misrepresentation, false statements,
6misleading statements, evasions, or suppression of material
7facts in the securing of a registration are grounds for
8suspension or revocation of the registration.
9    (b) A distributor's license shall allow the wholesale
10purchase and storage of alcoholic liquors and sale of alcoholic
11liquors to licensees in this State and to persons without the
12State, as may be permitted by law.
13    (c) An importing distributor's license may be issued to and
14held by those only who are duly licensed distributors, upon the
15filing of an application by a duly licensed distributor, with
16the Commission and the Commission shall, without the payment of
17any fee, immediately issue such importing distributor's
18license to the applicant, which shall allow the importation of
19alcoholic liquor by the licensee into this State from any point
20in the United States outside this State, and the purchase of
21alcoholic liquor in barrels, casks or other bulk containers and
22the bottling of such alcoholic liquors before resale thereof,
23but all bottles or containers so filled shall be sealed,
24labeled, stamped and otherwise made to comply with all
25provisions, rules and regulations governing manufacturers in
26the preparation and bottling of alcoholic liquors. The

 

 

09700HB3450sam001- 7 -LRB097 08792 MGM 72917 a

1importing distributor's license shall permit such licensee to
2purchase alcoholic liquor from Illinois licensed non-resident
3dealers and foreign importers only.
4    (d) A retailer's license shall allow the licensee to sell
5and offer for sale at retail, only in the premises specified in
6the license, alcoholic liquor for use or consumption, but not
7for resale in any form. Nothing in this amendatory Act of the
895th General Assembly shall deny, limit, remove, or restrict
9the ability of a holder of a retailer's license to transfer,
10deliver, or ship alcoholic liquor to the purchaser for use or
11consumption subject to any applicable local law or ordinance.
12Any retail license issued to a manufacturer shall only permit
13the manufacturer to sell beer at retail on the premises
14actually occupied by the manufacturer. For the purpose of
15further describing the type of business conducted at a retail
16licensed premises, a retailer's licensee may be designated by
17the State Commission as (i) an on premise consumption retailer,
18(ii) an off premise sale retailer, or (iii) a combined on
19premise consumption and off premise sale retailer.
20    Notwithstanding any other provision of this subsection
21(d), a retail licensee may sell alcoholic liquors to a special
22event retailer licensee for resale to the extent permitted
23under subsection (e).
24    (e) A special event retailer's license (not-for-profit)
25shall permit the licensee to purchase alcoholic liquors from an
26Illinois licensed distributor (unless the licensee purchases

 

 

09700HB3450sam001- 8 -LRB097 08792 MGM 72917 a

1less than $500 of alcoholic liquors for the special event, in
2which case the licensee may purchase the alcoholic liquors from
3a licensed retailer) and shall allow the licensee to sell and
4offer for sale, at retail, alcoholic liquors for use or
5consumption, but not for resale in any form and only at the
6location and on the specific dates designated for the special
7event in the license. An applicant for a special event retailer
8license must (i) furnish with the application: (A) a resale
9number issued under Section 2c of the Retailers' Occupation Tax
10Act or evidence that the applicant is registered under Section
112a of the Retailers' Occupation Tax Act, (B) a current, valid
12exemption identification number issued under Section 1g of the
13Retailers' Occupation Tax Act, and a certification to the
14Commission that the purchase of alcoholic liquors will be a
15tax-exempt purchase, or (C) a statement that the applicant is
16not registered under Section 2a of the Retailers' Occupation
17Tax Act, does not hold a resale number under Section 2c of the
18Retailers' Occupation Tax Act, and does not hold an exemption
19number under Section 1g of the Retailers' Occupation Tax Act,
20in which event the Commission shall set forth on the special
21event retailer's license a statement to that effect; (ii)
22submit with the application proof satisfactory to the State
23Commission that the applicant will provide dram shop liability
24insurance in the maximum limits; and (iii) show proof
25satisfactory to the State Commission that the applicant has
26obtained local authority approval.

 

 

09700HB3450sam001- 9 -LRB097 08792 MGM 72917 a

1    (f) A railroad license shall permit the licensee to import
2alcoholic liquors into this State from any point in the United
3States outside this State and to store such alcoholic liquors
4in this State; to make wholesale purchases of alcoholic liquors
5directly from manufacturers, foreign importers, distributors
6and importing distributors from within or outside this State;
7and to store such alcoholic liquors in this State; provided
8that the above powers may be exercised only in connection with
9the importation, purchase or storage of alcoholic liquors to be
10sold or dispensed on a club, buffet, lounge or dining car
11operated on an electric, gas or steam railway in this State;
12and provided further, that railroad licensees exercising the
13above powers shall be subject to all provisions of Article VIII
14of this Act as applied to importing distributors. A railroad
15license shall also permit the licensee to sell or dispense
16alcoholic liquors on any club, buffet, lounge or dining car
17operated on an electric, gas or steam railway regularly
18operated by a common carrier in this State, but shall not
19permit the sale for resale of any alcoholic liquors to any
20licensee within this State. A license shall be obtained for
21each car in which such sales are made.
22    (g) A boat license shall allow the sale of alcoholic liquor
23in individual drinks, on any passenger boat regularly operated
24as a common carrier on navigable waters in this State or on any
25riverboat operated under the Riverboat Gambling Act, which boat
26or riverboat maintains a public dining room or restaurant

 

 

09700HB3450sam001- 10 -LRB097 08792 MGM 72917 a

1thereon.
2    (h) A non-beverage user's license shall allow the licensee
3to purchase alcoholic liquor from a licensed manufacturer or
4importing distributor, without the imposition of any tax upon
5the business of such licensed manufacturer or importing
6distributor as to such alcoholic liquor to be used by such
7licensee solely for the non-beverage purposes set forth in
8subsection (a) of Section 8-1 of this Act, and such licenses
9shall be divided and classified and shall permit the purchase,
10possession and use of limited and stated quantities of
11alcoholic liquor as follows:
12Class 1, not to exceed ......................... 500 gallons
13Class 2, not to exceed ....................... 1,000 gallons
14Class 3, not to exceed ....................... 5,000 gallons
15Class 4, not to exceed ...................... 10,000 gallons
16Class 5, not to exceed ....................... 50,000 gallons
17    (i) A wine-maker's premises license shall allow a licensee
18that concurrently holds a first-class wine-maker's license to
19sell and offer for sale at retail in the premises specified in
20such license not more than 50,000 gallons of the first-class
21wine-maker's wine that is made at the first-class wine-maker's
22licensed premises per year for use or consumption, but not for
23resale in any form. A wine-maker's premises license shall allow
24a licensee who concurrently holds a second-class wine-maker's
25license to sell and offer for sale at retail in the premises
26specified in such license up to 100,000 gallons of the

 

 

09700HB3450sam001- 11 -LRB097 08792 MGM 72917 a

1second-class wine-maker's wine that is made at the second-class
2wine-maker's licensed premises per year for use or consumption
3but not for resale in any form. A wine-maker's premises license
4shall allow a licensee that concurrently holds a first-class
5wine-maker's license or a second-class wine-maker's license to
6sell and offer for sale at retail at the premises specified in
7the wine-maker's premises license, for use or consumption but
8not for resale in any form, any beer, wine, and spirits
9purchased from a licensed distributor. Upon approval from the
10State Commission, a wine-maker's premises license shall allow
11the licensee to sell and offer for sale at (i) the wine-maker's
12licensed premises and (ii) at up to 2 additional locations for
13use and consumption and not for resale. Each location shall
14require additional licensing per location as specified in
15Section 5-3 of this Act. A wine-maker's premises licensee shall
16secure liquor liability insurance coverage in an amount at
17least equal to the maximum liability amounts set forth in
18subsection (a) of Section 6-21 of this Act.
19    (j) An airplane license shall permit the licensee to import
20alcoholic liquors into this State from any point in the United
21States outside this State and to store such alcoholic liquors
22in this State; to make wholesale purchases of alcoholic liquors
23directly from manufacturers, foreign importers, distributors
24and importing distributors from within or outside this State;
25and to store such alcoholic liquors in this State; provided
26that the above powers may be exercised only in connection with

 

 

09700HB3450sam001- 12 -LRB097 08792 MGM 72917 a

1the importation, purchase or storage of alcoholic liquors to be
2sold or dispensed on an airplane; and provided further, that
3airplane licensees exercising the above powers shall be subject
4to all provisions of Article VIII of this Act as applied to
5importing distributors. An airplane licensee shall also permit
6the sale or dispensing of alcoholic liquors on any passenger
7airplane regularly operated by a common carrier in this State,
8but shall not permit the sale for resale of any alcoholic
9liquors to any licensee within this State. A single airplane
10license shall be required of an airline company if liquor
11service is provided on board aircraft in this State. The annual
12fee for such license shall be as determined in Section 5-3.
13    (k) A foreign importer's license shall permit such licensee
14to purchase alcoholic liquor from Illinois licensed
15non-resident dealers only, and to import alcoholic liquor other
16than in bulk from any point outside the United States and to
17sell such alcoholic liquor to Illinois licensed importing
18distributors and to no one else in Illinois; provided that (i)
19the foreign importer registers with the State Commission every
20brand of alcoholic liquor that it proposes to sell to Illinois
21licensees during the license period, (ii) the foreign importer
22complies with all of the provisions of Section 6-9 of this Act
23with respect to registration of such Illinois licensees as may
24be granted the right to sell such brands at wholesale, and
25(iii) the foreign importer complies with the provisions of
26Sections 6-5 and 6-6 of this Act to the same extent that these

 

 

09700HB3450sam001- 13 -LRB097 08792 MGM 72917 a

1provisions apply to manufacturers.
2    (l) (i) A broker's license shall be required of all persons
3who solicit orders for, offer to sell or offer to supply
4alcoholic liquor to retailers in the State of Illinois, or who
5offer to retailers to ship or cause to be shipped or to make
6contact with distillers, rectifiers, brewers or manufacturers
7or any other party within or without the State of Illinois in
8order that alcoholic liquors be shipped to a distributor,
9importing distributor or foreign importer, whether such
10solicitation or offer is consummated within or without the
11State of Illinois.
12    No holder of a retailer's license issued by the Illinois
13Liquor Control Commission shall purchase or receive any
14alcoholic liquor, the order for which was solicited or offered
15for sale to such retailer by a broker unless the broker is the
16holder of a valid broker's license.
17    The broker shall, upon the acceptance by a retailer of the
18broker's solicitation of an order or offer to sell or supply or
19deliver or have delivered alcoholic liquors, promptly forward
20to the Illinois Liquor Control Commission a notification of
21said transaction in such form as the Commission may by
22regulations prescribe.
23    (ii) A broker's license shall be required of a person
24within this State, other than a retail licensee, who, for a fee
25or commission, promotes, solicits, or accepts orders for
26alcoholic liquor, for use or consumption and not for resale, to

 

 

09700HB3450sam001- 14 -LRB097 08792 MGM 72917 a

1be shipped from this State and delivered to residents outside
2of this State by an express company, common carrier, or
3contract carrier. This Section does not apply to any person who
4promotes, solicits, or accepts orders for wine as specifically
5authorized in Section 6-29 of this Act.
6    A broker's license under this subsection (l) shall not
7entitle the holder to buy or sell any alcoholic liquors for his
8own account or to take or deliver title to such alcoholic
9liquors.
10    This subsection (l) shall not apply to distributors,
11employees of distributors, or employees of a manufacturer who
12has registered the trademark, brand or name of the alcoholic
13liquor pursuant to Section 6-9 of this Act, and who regularly
14sells such alcoholic liquor in the State of Illinois only to
15its registrants thereunder.
16    Any agent, representative, or person subject to
17registration pursuant to subsection (a-1) of this Section shall
18not be eligible to receive a broker's license.
19    (m) A non-resident dealer's license shall permit such
20licensee to ship into and warehouse alcoholic liquor into this
21State from any point outside of this State, and to sell such
22alcoholic liquor to Illinois licensed foreign importers and
23importing distributors and to no one else in this State;
24provided that (i) said non-resident dealer shall register with
25the Illinois Liquor Control Commission each and every brand of
26alcoholic liquor which it proposes to sell to Illinois

 

 

09700HB3450sam001- 15 -LRB097 08792 MGM 72917 a

1licensees during the license period, (ii) it shall comply with
2all of the provisions of Section 6-9 hereof with respect to
3registration of such Illinois licensees as may be granted the
4right to sell such brands at wholesale, and (iii) the
5non-resident dealer shall comply with the provisions of
6Sections 6-5 and 6-6 of this Act to the same extent that these
7provisions apply to manufacturers.
8    (n) A brew pub license shall allow the licensee (i) to
9manufacture beer only on the premises specified in the license,
10(ii) to make sales of the beer manufactured on the premises or,
11with the approval of the Commission, beer manufactured on
12another brew pub licensed premises that is substantially owned
13and operated by the same licensee to importing distributors,
14distributors, and to non-licensees for use and consumption,
15(iii) to store the beer upon the premises, and (iv) to sell and
16offer for sale at retail from the licensed premises, provided
17that a brew pub licensee shall not sell for off-premises
18consumption more than 50,000 gallons per year. A person who
19holds a brew pub license may simultaneously hold a craft brewer
20license if he or she otherwise qualifies for the craft brewer
21license and the craft brewer license is for a location separate
22from the brew pub's licensed premises. A brew pub license shall
23permit a person who has received prior approval from the
24Commission to annually transfer no more than a total of 50,000
25gallons of beer manufactured on premises to all other licensed
26brew pubs that are substantially owned and operated by the same

 

 

09700HB3450sam001- 16 -LRB097 08792 MGM 72917 a

1person.
2    (o) A caterer retailer license shall allow the holder to
3serve alcoholic liquors as an incidental part of a food service
4that serves prepared meals which excludes the serving of snacks
5as the primary meal, either on or off-site whether licensed or
6unlicensed.
7    (p) An auction liquor license shall allow the licensee to
8sell and offer for sale at auction wine and spirits for use or
9consumption, or for resale by an Illinois liquor licensee in
10accordance with provisions of this Act. An auction liquor
11license will be issued to a person and it will permit the
12auction liquor licensee to hold the auction anywhere in the
13State. An auction liquor license must be obtained for each
14auction at least 14 days in advance of the auction date.
15    (q) A special use permit license shall allow an Illinois
16licensed retailer to transfer a portion of its alcoholic liquor
17inventory from its retail licensed premises to the premises
18specified in the license hereby created, and to sell or offer
19for sale at retail, only in the premises specified in the
20license hereby created, the transferred alcoholic liquor for
21use or consumption, but not for resale in any form. A special
22use permit license may be granted for the following time
23periods: one day or less; 2 or more days to a maximum of 15 days
24per location in any 12 month period. An applicant for the
25special use permit license must also submit with the
26application proof satisfactory to the State Commission that the

 

 

09700HB3450sam001- 17 -LRB097 08792 MGM 72917 a

1applicant will provide dram shop liability insurance to the
2maximum limits and have local authority approval.
3    (r) A winery shipper's license shall allow a person with a
4first-class or second-class wine manufacturer's license, a
5first-class or second-class wine-maker's license, or a limited
6wine manufacturer's license or who is licensed to make wine
7under the laws of another state to ship wine made by that
8licensee directly to a resident of this State who is 21 years
9of age or older for that resident's personal use and not for
10resale. Prior to receiving a winery shipper's license, an
11applicant for the license must provide the Commission with a
12true copy of its current license in any state in which it is
13licensed as a manufacturer of wine. An applicant for a winery
14shipper's license must also complete an application form that
15provides any other information the Commission deems necessary.
16The application form shall include an acknowledgement
17consenting to the jurisdiction of the Commission, the Illinois
18Department of Revenue, and the courts of this State concerning
19the enforcement of this Act and any related laws, rules, and
20regulations, including authorizing the Department of Revenue
21and the Commission to conduct audits for the purpose of
22ensuring compliance with this amendatory Act.
23    A winery shipper licensee must pay to the Department of
24Revenue the State liquor gallonage tax under Section 8-1 for
25all wine that is sold by the licensee and shipped to a person
26in this State. For the purposes of Section 8-1, a winery

 

 

09700HB3450sam001- 18 -LRB097 08792 MGM 72917 a

1shipper licensee shall be taxed in the same manner as a
2manufacturer of wine. A licensee who is not otherwise required
3to register under the Retailers' Occupation Tax Act must
4register under the Use Tax Act to collect and remit use tax to
5the Department of Revenue for all gallons of wine that are sold
6by the licensee and shipped to persons in this State. If a
7licensee fails to remit the tax imposed under this Act in
8accordance with the provisions of Article VIII of this Act, the
9winery shipper's license shall be revoked in accordance with
10the provisions of Article VII of this Act. If a licensee fails
11to properly register and remit tax under the Use Tax Act or the
12Retailers' Occupation Tax Act for all wine that is sold by the
13winery shipper and shipped to persons in this State, the winery
14shipper's license shall be revoked in accordance with the
15provisions of Article VII of this Act.
16    A winery shipper licensee must collect, maintain, and
17submit to the Commission on a semi-annual basis the total
18number of cases per resident of wine shipped to residents of
19this State. A winery shipper licensed under this subsection (r)
20must comply with the requirements of Section 6-29 of this
21amendatory Act.
22(Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11; 97-455,
23eff. 8-19-11; 97-813, eff. 7-13-12.)
 
24    (235 ILCS 5/6-4)  (from Ch. 43, par. 121)
25    Sec. 6-4. (a) No person licensed by any licensing authority

 

 

09700HB3450sam001- 19 -LRB097 08792 MGM 72917 a

1as a distiller, or a wine manufacturer, or any subsidiary or
2affiliate thereof, or any officer, associate, member, partner,
3representative, employee, agent or shareholder owning more
4than 5% of the outstanding shares of such person shall be
5issued an importing distributor's or distributor's license,
6nor shall any person licensed by any licensing authority as an
7importing distributor, distributor or retailer, or any
8subsidiary or affiliate thereof, or any officer or associate,
9member, partner, representative, employee, agent or
10shareholder owning more than 5% of the outstanding shares of
11such person be issued a distiller's license or a wine
12manufacturer's license; and no person or persons licensed as a
13distiller by any licensing authority shall have any interest,
14directly or indirectly, with such distributor or importing
15distributor.
16    However, an importing distributor or distributor, which on
17January 1, 1985 is owned by a brewer, or any subsidiary or
18affiliate thereof or any officer, associate, member, partner,
19representative, employee, agent or shareholder owning more
20than 5% of the outstanding shares of the importing distributor
21or distributor referred to in this paragraph, may own or
22acquire an ownership interest of more than 5% of the
23outstanding shares of a wine manufacturer and be issued a wine
24manufacturer's license by any licensing authority.
25    (b) The foregoing provisions shall not apply to any person
26licensed by any licensing authority as a distiller or wine

 

 

09700HB3450sam001- 20 -LRB097 08792 MGM 72917 a

1manufacturer, or to any subsidiary or affiliate of any
2distiller or wine manufacturer who shall have been heretofore
3licensed by the State Commission as either an importing
4distributor or distributor during the annual licensing period
5expiring June 30, 1947, and shall actually have made sales
6regularly to retailers.
7    (c) Provided, however, that in such instances where a
8distributor's or importing distributor's license has been
9issued to any distiller or wine manufacturer or to any
10subsidiary or affiliate of any distiller or wine manufacturer
11who has, during the licensing period ending June 30, 1947, sold
12or distributed as such licensed distributor or importing
13distributor alcoholic liquors and wines to retailers, such
14distiller or wine manufacturer or any subsidiary or affiliate
15of any distiller or wine manufacturer holding such
16distributor's or importing distributor's license may continue
17to sell or distribute to retailers such alcoholic liquors and
18wines which are manufactured, distilled, processed or marketed
19by distillers and wine manufacturers whose products it sold or
20distributed to retailers during the whole or any part of its
21licensing periods; and such additional brands and additional
22products may be added to the line of such distributor or
23importing distributor, provided, that such brands and such
24products were not sold or distributed by any distributor or
25importing distributor licensed by the State Commission during
26the licensing period ending June 30, 1947, but can not sell or

 

 

09700HB3450sam001- 21 -LRB097 08792 MGM 72917 a

1distribute to retailers any other alcoholic liquors or wines.
2    (d) It shall be unlawful for any distiller licensed
3anywhere to have any stock ownership or interest in any
4distributor's or importing distributor's license wherein any
5other person has an interest therein who is not a distiller and
6does not own more than 5% of any stock in any distillery.
7Nothing herein contained shall apply to such distillers or
8their subsidiaries or affiliates, who had a distributor's or
9importing distributor's license during the licensing period
10ending June 30, 1947, which license was owned in whole by such
11distiller, or subsidiaries or affiliates of such distiller.
12    (e) Any person having been licensed as a manufacturer shall
13be permitted to receive one retailer's license for the premises
14in which he or she actually conducts such business, permitting
15only the retail sale of beer manufactured at such premises and
16only on such premises, but no such person shall be entitled to
17more than one retailer's license in any event, and, other than
18a manufacturer of beer as stated above, no manufacturer or
19distributor or importing distributor, excluding airplane
20licensees exercising powers provided in paragraph (i) of
21Section 5-1 of this Act, or any subsidiary or affiliate
22thereof, or any officer, associate, member, partner,
23representative, employee or agent, or shareholder shall be
24issued a retailer's license, nor shall any person having a
25retailer's license, excluding airplane licensees exercising
26powers provided in paragraph (i) of Section 5-1 of this Act, or

 

 

09700HB3450sam001- 22 -LRB097 08792 MGM 72917 a

1any subsidiary or affiliate thereof, or any officer, associate,
2member, partner, representative or agent, or shareholder be
3issued a manufacturer's license or importing distributor's
4license.
5    A person licensed as a craft distiller not affiliated with
6any other person manufacturing spirits may be authorized by the
7Commission to sell up to 2,500 gallons of spirits produced by
8the person to non-licensees for on or off-premises consumption
9permitted to receive one retailer's license for the premises in
10which he or she actually conducts business permitting only the
11retail sale of spirits manufactured at such premises. Such
12sales shall be limited to on-premises, in-person sales only,
13for lawful consumption on or off premises, and such
14authorization shall be considered a privilege granted by the
15craft distiller license. A craft distiller licensed for retail
16sale shall secure liquor liability insurance coverage in an
17amount at least equal to the maximum liability amounts set
18forth in subsection (a) of Section 6-21 of this Act.
19    (f) However, the foregoing prohibitions against any person
20licensed as a distiller or wine manufacturer being issued a
21retailer's license shall not apply:
22        (i) to any hotel, motel or restaurant whose principal
23    business is not the sale of alcoholic liquors if said
24    retailer's sales of any alcoholic liquors manufactured,
25    sold, distributed or controlled, directly or indirectly,
26    by any affiliate, subsidiary, officer, associate, member,

 

 

09700HB3450sam001- 23 -LRB097 08792 MGM 72917 a

1    partner, representative, employee, agent or shareholder
2    owning more than 5% of the outstanding shares of such
3    person does not exceed 10% of the total alcoholic liquor
4    sales of said retail licensee; and
5        (ii) where the Commission determines, having
6    considered the public welfare, the economic impact upon the
7    State and the entirety of the facts and circumstances
8    involved, that the purpose and intent of this Section would
9    not be violated by granting an exemption.
10    (g) Notwithstanding any of the foregoing prohibitions, a
11limited wine manufacturer may sell at retail at its
12manufacturing site for on or off premises consumption and may
13sell to distributors. A limited wine manufacturer licensee
14shall secure liquor liability insurance coverage in an amount
15at least equal to the maximum liability amounts set forth in
16subsection (a) of Section 6-21 of this Act.
17(Source: P.A. 96-1367, eff. 7-28-10; 97-606, eff. 8-26-11.)
 
18    (235 ILCS 5/6-11)
19    Sec. 6-11. Sale near churches, schools, and hospitals.
20    (a) No license shall be issued for the sale at retail of
21any alcoholic liquor within 100 feet of any church, school
22other than an institution of higher learning, hospital, home
23for aged or indigent persons or for veterans, their spouses or
24children or any military or naval station, provided, that this
25prohibition shall not apply to hotels offering restaurant

 

 

09700HB3450sam001- 24 -LRB097 08792 MGM 72917 a

1service, regularly organized clubs, or to restaurants, food
2shops or other places where sale of alcoholic liquors is not
3the principal business carried on if the place of business so
4exempted is not located in a municipality of more than 500,000
5persons, unless required by local ordinance; nor to the renewal
6of a license for the sale at retail of alcoholic liquor on
7premises within 100 feet of any church or school where the
8church or school has been established within such 100 feet
9since the issuance of the original license. In the case of a
10church, the distance of 100 feet shall be measured to the
11nearest part of any building used for worship services or
12educational programs and not to property boundaries.
13    (b) Nothing in this Section shall prohibit the issuance of
14a retail license authorizing the sale of alcoholic liquor to a
15restaurant, the primary business of which is the sale of goods
16baked on the premises if (i) the restaurant is newly
17constructed and located on a lot of not less than 10,000 square
18feet, (ii) the restaurant costs at least $1,000,000 to
19construct, (iii) the licensee is the titleholder to the
20premises and resides on the premises, and (iv) the construction
21of the restaurant is completed within 18 months of the
22effective date of this amendatory Act of 1998.
23    (c) Nothing in this Section shall prohibit the issuance of
24a retail license authorizing the sale of alcoholic liquor
25incidental to a restaurant if (1) the primary business of the
26restaurant consists of the sale of food where the sale of

 

 

09700HB3450sam001- 25 -LRB097 08792 MGM 72917 a

1liquor is incidental to the sale of food and the applicant is a
2completely new owner of the restaurant, (2) the immediately
3prior owner or operator of the premises where the restaurant is
4located operated the premises as a restaurant and held a valid
5retail license authorizing the sale of alcoholic liquor at the
6restaurant for at least part of the 24 months before the change
7of ownership, and (3) the restaurant is located 75 or more feet
8from a school.
9    (d) In the interest of further developing Illinois' economy
10in the area of commerce, tourism, convention, and banquet
11business, nothing in this Section shall prohibit issuance of a
12retail license authorizing the sale of alcoholic beverages to a
13restaurant, banquet facility, grocery store, or hotel having
14not fewer than 150 guest room accommodations located in a
15municipality of more than 500,000 persons, notwithstanding the
16proximity of such hotel, restaurant, banquet facility, or
17grocery store to any church or school, if the licensed premises
18described on the license are located within an enclosed mall or
19building of a height of at least 6 stories, or 60 feet in the
20case of a building that has been registered as a national
21landmark, or in a grocery store having a minimum of 56,010
22square feet of floor space in a single story building in an
23open mall of at least 3.96 acres that is adjacent to a public
24school that opened as a boys technical high school in 1934, or
25in a grocery store having a minimum of 31,000 square feet of
26floor space in a single story building located a distance of

 

 

09700HB3450sam001- 26 -LRB097 08792 MGM 72917 a

1more than 90 feet but less than 100 feet from a high school
2that opened in 1928 as a junior high school and became a senior
3high school in 1933, and in each of these cases if the sale of
4alcoholic liquors is not the principal business carried on by
5the licensee.
6    For purposes of this Section, a "banquet facility" is any
7part of a building that caters to private parties and where the
8sale of alcoholic liquors is not the principal business.
9    (e) Nothing in this Section shall prohibit the issuance of
10a license to a church or private school to sell at retail
11alcoholic liquor if any such sales are limited to periods when
12groups are assembled on the premises solely for the promotion
13of some common object other than the sale or consumption of
14alcoholic liquors.
15    (f) Nothing in this Section shall prohibit a church or
16church affiliated school located in a home rule municipality or
17in a municipality with 75,000 or more inhabitants from locating
18within 100 feet of a property for which there is a preexisting
19license to sell alcoholic liquor at retail. In these instances,
20the local zoning authority may, by ordinance adopted
21simultaneously with the granting of an initial special use
22zoning permit for the church or church affiliated school,
23provide that the 100-foot restriction in this Section shall not
24apply to that church or church affiliated school and future
25retail liquor licenses.
26    (g) Nothing in this Section shall prohibit the issuance of

 

 

09700HB3450sam001- 27 -LRB097 08792 MGM 72917 a

1a retail license authorizing the sale of alcoholic liquor at
2premises within 100 feet, but not less than 90 feet, of a
3public school if (1) the premises have been continuously
4licensed to sell alcoholic liquor for a period of at least 50
5years, (2) the premises are located in a municipality having a
6population of over 500,000 inhabitants, (3) the licensee is an
7individual who is a member of a family that has held the
8previous 3 licenses for that location for more than 25 years,
9(4) the principal of the school and the alderman of the ward in
10which the school is located have delivered a written statement
11to the local liquor control commissioner stating that they do
12not object to the issuance of a license under this subsection
13(g), and (5) the local liquor control commissioner has received
14the written consent of a majority of the registered voters who
15live within 200 feet of the premises.
16    (h) Notwithstanding any provision of this Section to the
17contrary, nothing in this Section shall prohibit the issuance
18or renewal of a license authorizing the sale of alcoholic
19liquor within premises and at an outdoor patio area attached to
20premises that are located in a municipality with a population
21in excess of 300,000 inhabitants and that are within 100 feet
22of a church if:
23        (1) the sale of alcoholic liquor at the premises is
24    incidental to the sale of food,
25        (2) the sale of liquor is not the principal business
26    carried on by the licensee at the premises,

 

 

09700HB3450sam001- 28 -LRB097 08792 MGM 72917 a

1        (3) the premises are less than 1,000 square feet,
2        (4) the premises are owned by the University of
3    Illinois,
4        (5) the premises are immediately adjacent to property
5    owned by a church and are not less than 20 nor more than 40
6    feet from the church space used for worship services, and
7        (6) the principal religious leader at the place of
8    worship has indicated his or her support for the issuance
9    of the license in writing.
10    (i) Notwithstanding any provision in this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license to sell alcoholic liquor at a premises
13that is located within a municipality with a population in
14excess of 300,000 inhabitants and is within 100 feet of a
15church, synagogue, or other place of worship if:
16        (1) the primary entrance of the premises and the
17    primary entrance of the church, synagogue, or other place
18    of worship are at least 100 feet apart, on parallel
19    streets, and separated by an alley; and
20        (2) the principal religious leader at the place of
21    worship has not indicated his or her opposition to the
22    issuance or renewal of the license in writing.
23    (j) Notwithstanding any provision in this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25of a retail license authorizing the sale of alcoholic liquor at
26a theater that is within 100 feet of a church if (1) the church

 

 

09700HB3450sam001- 29 -LRB097 08792 MGM 72917 a

1owns the theater, (2) the church leases the theater to one or
2more entities, and (3) the theater is used by at least 5
3different not-for-profit theater groups.
4    (k) Notwithstanding any provision in this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6or renewal of a license authorizing the sale of alcoholic
7liquor at a premises that is located within a municipality with
8a population in excess of 1,000,000 inhabitants and is within
9100 feet of a school if:
10        (1) the primary entrance of the premises and the
11    primary entrance of the school are parallel, on different
12    streets, and separated by an alley;
13        (2) the southeast corner of the premises are at least
14    350 feet from the southwest corner of the school;
15        (3) the school was built in 1978;
16        (4) the sale of alcoholic liquor at the premises is
17    incidental to the sale of food;
18        (5) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (6) the applicant is the owner of the restaurant and
21    has held a valid license authorizing the sale of alcoholic
22    liquor for the business to be conducted on the premises at
23    a different location for more than 7 years; and
24        (7) the premises is at least 2,300 square feet and sits
25    on a lot that is between 6,100 and 6,150 square feet.
26    (l) Notwithstanding any provision in this Section to the

 

 

09700HB3450sam001- 30 -LRB097 08792 MGM 72917 a

1contrary, nothing in this Section shall prohibit the issuance
2or renewal of a license authorizing the sale of alcoholic
3liquor at a premises that is located within a municipality with
4a population in excess of 1,000,000 inhabitants and is within
5100 feet of a church or school if:
6        (1) the primary entrance of the premises and the
7    closest entrance of the church or school is at least 90
8    feet apart and no greater than 95 feet apart;
9        (2) the shortest distance between the premises and the
10    church or school is at least 80 feet apart and no greater
11    than 85 feet apart;
12        (3) the applicant is the owner of the restaurant and on
13    November 15, 2006 held a valid license authorizing the sale
14    of alcoholic liquor for the business to be conducted on the
15    premises for at least 14 different locations;
16        (4) the sale of alcoholic liquor at the premises is
17    incidental to the sale of food;
18        (5) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (6) the premises is at least 3,200 square feet and sits
21    on a lot that is between 7,150 and 7,200 square feet; and
22        (7) the principal religious leader at the place of
23    worship has not indicated his or her opposition to the
24    issuance or renewal of the license in writing.
25    (m) Notwithstanding any provision in this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

09700HB3450sam001- 31 -LRB097 08792 MGM 72917 a

1or renewal of a license authorizing the sale of alcoholic
2liquor at a premises that is located within a municipality with
3a population in excess of 1,000,000 inhabitants and is within
4100 feet of a church if:
5        (1) the premises and the church are perpendicular, and
6    the primary entrance of the premises faces South while the
7    primary entrance of the church faces West and the distance
8    between the two entrances is more than 100 feet;
9        (2) the shortest distance between the premises lot line
10    and the exterior wall of the church is at least 80 feet;
11        (3) the church was established at the current location
12    in 1916 and the present structure was erected in 1925;
13        (4) the premises is a single story, single use building
14    with at least 1,750 square feet and no more than 2,000
15    square feet;
16        (5) the sale of alcoholic liquor at the premises is
17    incidental to the sale of food;
18        (6) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises; and
20        (7) the principal religious leader at the place of
21    worship has not indicated his or her opposition to the
22    issuance or renewal of the license in writing.
23    (n) Notwithstanding any provision in this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor at a premises that is located within a municipality with

 

 

09700HB3450sam001- 32 -LRB097 08792 MGM 72917 a

1a population in excess of 1,000,000 inhabitants and is within
2100 feet of a school if:
3        (1) the school is a City of Chicago School District 299
4    school;
5        (2) the school is located within subarea E of City of
6    Chicago Residential Business Planned Development Number
7    70;
8        (3) the sale of alcoholic liquor is not the principal
9    business carried on by the licensee on the premises;
10        (4) the sale of alcoholic liquor at the premises is
11    incidental to the sale of food; and
12        (5) the administration of City of Chicago School
13    District 299 has expressed, in writing, its support for the
14    issuance of the license.
15    (o) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a retail license authorizing the sale of
18alcoholic liquor at a premises that is located within a
19municipality in excess of 1,000,000 inhabitants and within 100
20feet of a church if:
21        (1) the sale of alcoholic liquor at the premises is
22    incidental to the sale of food;
23        (2) the sale of alcoholic liquor is not the principal
24    business carried on by the licensee at the premises;
25        (3) the premises is located on a street that runs
26    perpendicular to the street on which the church is located;

 

 

09700HB3450sam001- 33 -LRB097 08792 MGM 72917 a

1        (4) the primary entrance of the premises is at least
2    100 feet from the primary entrance of the church;
3        (5) the shortest distance between any part of the
4    premises and any part of the church is at least 60 feet;
5        (6) the premises is between 3,600 and 4,000 square feet
6    and sits on a lot that is between 3,600 and 4,000 square
7    feet; and
8        (7) the premises was built in the year 1909.
9    For purposes of this subsection (o), "premises" means a
10place of business together with a privately owned outdoor
11location that is adjacent to the place of business.
12    (p) Notwithstanding any provision in this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor at a premises that is located within a municipality with
16a population in excess of 1,000,000 inhabitants and within 100
17feet of a church if:
18        (1) the shortest distance between the backdoor of the
19    premises, which is used as an emergency exit, and the
20    church is at least 80 feet;
21        (2) the church was established at the current location
22    in 1889; and
23        (3) liquor has been sold on the premises since at least
24    1985.
25    (q) Notwithstanding any provision of this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

09700HB3450sam001- 34 -LRB097 08792 MGM 72917 a

1or renewal of a license authorizing the sale of alcoholic
2liquor within a premises that is located in a municipality with
3a population in excess of 1,000,000 inhabitants and within 100
4feet of a church-owned property if:
5        (1) the premises is located within a larger building
6    operated as a grocery store;
7        (2) the area of the premises does not exceed 720 square
8    feet and the area of the larger building exceeds 18,000
9    square feet;
10        (3) the larger building containing the premises is
11    within 100 feet of the nearest property line of a
12    church-owned property on which a church-affiliated school
13    is located;
14        (4) the sale of liquor is not the principal business
15    carried on within the larger building;
16        (5) the primary entrance of the larger building and the
17    premises and the primary entrance of the church-affiliated
18    school are on different, parallel streets, and the distance
19    between the 2 primary entrances is more than 100 feet;
20        (6) the larger building is separated from the
21    church-owned property and church-affiliated school by an
22    alley;
23        (7) the larger building containing the premises and the
24    church building front are on perpendicular streets and are
25    separated by a street; and
26        (8) (Blank).

 

 

09700HB3450sam001- 35 -LRB097 08792 MGM 72917 a

1    (r) Notwithstanding any provision of this Section to the
2contrary, nothing in this Section shall prohibit the issuance,
3renewal, or maintenance of a license authorizing the sale of
4alcoholic liquor incidental to the sale of food within a
5restaurant established in a premises that is located in a
6municipality with a population in excess of 1,000,000
7inhabitants and within 100 feet of a church if:
8        (1) the primary entrance of the church and the primary
9    entrance of the restaurant are at least 100 feet apart;
10        (2) the restaurant has operated on the ground floor and
11    lower level of a multi-story, multi-use building for more
12    than 40 years;
13        (3) the primary business of the restaurant consists of
14    the sale of food where the sale of liquor is incidental to
15    the sale of food;
16        (4) the sale of alcoholic liquor is conducted primarily
17    in the below-grade level of the restaurant to which the
18    only public access is by a staircase located inside the
19    restaurant; and
20        (5) the restaurant has held a license authorizing the
21    sale of alcoholic liquor on the premises for more than 40
22    years.
23    (s) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit renewal of a
25license authorizing the sale of alcoholic liquor at a premises
26that is located within a municipality with a population more

 

 

09700HB3450sam001- 36 -LRB097 08792 MGM 72917 a

1than 5,000 and less than 10,000 and is within 100 feet of a
2church if:
3        (1) the church was established at the location within
4    100 feet of the premises after a license for the sale of
5    alcoholic liquor at the premises was first issued;
6        (2) a license for sale of alcoholic liquor at the
7    premises was first issued before January 1, 2007; and
8        (3) a license for the sale of alcoholic liquor on the
9    premises has been continuously in effect since January 1,
10    2007, except for interruptions between licenses of no more
11    than 90 days.
12    (t) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor incidental to the sale of food within a restaurant that
16is established in a premises that is located in a municipality
17with a population in excess of 1,000,000 inhabitants and within
18100 feet of a school and a church if:
19        (1) the restaurant is located inside a five-story
20    building with over 16,800 square feet of commercial space;
21        (2) the area of the premises does not exceed 31,050
22    square feet;
23        (3) the area of the restaurant does not exceed 5,800
24    square feet;
25        (4) the building has no less than 78 condominium units;
26        (5) the construction of the building in which the

 

 

09700HB3450sam001- 37 -LRB097 08792 MGM 72917 a

1    restaurant is located was completed in 2006;
2        (6) the building has 10 storefront properties, 3 of
3    which are used for the restaurant;
4        (7) the restaurant will open for business in 2010;
5        (8) the building is north of the school and separated
6    by an alley; and
7        (9) the principal religious leader of the church and
8    either the alderman of the ward in which the school is
9    located or the principal of the school have delivered a
10    written statement to the local liquor control commissioner
11    stating that he or she does not object to the issuance of a
12    license under this subsection (t).
13    (u) Notwithstanding any provision in this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license to sell alcoholic liquor at a premises
16that is located within a municipality with a population in
17excess of 1,000,000 inhabitants and within 100 feet of a school
18if:
19        (1) the premises operates as a restaurant and has been
20    in operation since February 2008;
21        (2) the applicant is the owner of the premises;
22        (3) the sale of alcoholic liquor is incidental to the
23    sale of food;
24        (4) the sale of alcoholic liquor is not the principal
25    business carried on by the licensee on the premises;
26        (5) the premises occupy the first floor of a 3-story

 

 

09700HB3450sam001- 38 -LRB097 08792 MGM 72917 a

1    building that is at least 90 years old;
2        (6) the rear lot of the school and the rear corner of
3    the building that the premises occupy are separated by an
4    alley;
5        (7) the distance from the southwest corner of the
6    property line of the school and the northeast corner of the
7    building that the premises occupy is at least 16 feet, 5
8    inches;
9        (8) the distance from the rear door of the premises to
10    the southwest corner of the property line of the school is
11    at least 93 feet;
12        (9) the school is a City of Chicago School District 299
13    school;
14        (10) the school's main structure was erected in 1902
15    and an addition was built to the main structure in 1959;
16    and
17        (11) the principal of the school and the alderman in
18    whose district the premises are located have expressed, in
19    writing, their support for the issuance of the license.
20    (v) Notwithstanding any provision in this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license authorizing the sale of alcoholic
23liquor at a premises that is located within a municipality with
24a population in excess of 1,000,000 inhabitants and is within
25100 feet of a school if:
26        (1) the total land area of the premises for which the

 

 

09700HB3450sam001- 39 -LRB097 08792 MGM 72917 a

1    license or renewal is sought is more than 600,000 square
2    feet;
3        (2) the premises for which the license or renewal is
4    sought has more than 600 parking stalls;
5        (3) the total area of all buildings on the premises for
6    which the license or renewal is sought exceeds 140,000
7    square feet;
8        (4) the property line of the premises for which the
9    license or renewal is sought is separated from the property
10    line of the school by a street;
11        (5) the distance from the school's property line to the
12    property line of the premises for which the license or
13    renewal is sought is at least 60 feet;
14        (6) as of the effective date of this amendatory Act of
15    the 97th General Assembly, the premises for which the
16    license or renewal is sought is located in the Illinois
17    Medical District.
18    (w) Notwithstanding any provision in this Section to the
19contrary, nothing in this Section shall prohibit the issuance
20or renewal of a license to sell alcoholic liquor at a premises
21that is located within a municipality with a population in
22excess of 1,000,000 inhabitants and within 100 feet of a church
23if:
24        (1) the sale of alcoholic liquor at the premises is
25    incidental to the sale of food;
26        (2) the sale of alcoholic liquor is not the principal

 

 

09700HB3450sam001- 40 -LRB097 08792 MGM 72917 a

1    business carried on by the licensee at the premises;
2        (3) the premises occupy the first floor and basement of
3    a 2-story building that is 106 years old;
4        (4) the premises is at least 7,000 square feet and
5    located on a lot that is at least 11,000 square feet;
6        (5) the premises is located directly west of the
7    church, on perpendicular streets, and separated by an
8    alley;
9        (6) the distance between the property line of the
10    premises and the property line of the church is at least 20
11    feet;
12        (7) the distance between the primary entrance of the
13    premises and the primary entrance of the church is at least
14    130 feet; and
15        (8) the church has been at its location for at least 40
16    years.
17    (x) Notwithstanding any provision of this Section to the
18contrary, nothing in this Section shall prohibit the issuance
19or renewal of a license authorizing the sale of alcoholic
20liquor at a premises that is located within a municipality with
21a population in excess of 1,000,000 inhabitants and within 100
22feet of a church if:
23        (1) the sale of alcoholic liquor is not the principal
24    business carried on by the licensee at the premises;
25        (2) the church has been operating in its current
26    location since 1973;

 

 

09700HB3450sam001- 41 -LRB097 08792 MGM 72917 a

1        (3) the premises has been operating in its current
2    location since 1988;
3        (4) the church and the premises are owned by the same
4    parish;
5        (5) the premises is used for cultural and educational
6    purposes;
7        (6) the primary entrance to the premises and the
8    primary entrance to the church are located on the same
9    street;
10        (7) the principal religious leader of the church has
11    indicated his support of the issuance of the license;
12        (8) the premises is a 2-story building of approximately
13    23,000 square feet; and
14        (9) the premises houses a ballroom on its ground floor
15    of approximately 5,000 square feet.
16    (y) Notwithstanding any provision of this Section to the
17contrary, nothing in this Section shall prohibit the issuance
18or renewal of a license authorizing the sale of alcoholic
19liquor at a premises that is located within a municipality with
20a population in excess of 1,000,000 inhabitants and within 100
21feet of a school if:
22        (1) the sale of alcoholic liquor is not the principal
23    business carried on by the licensee at the premises;
24        (2) the sale of alcoholic liquor at the premises is
25    incidental to the sale of food;
26        (3) according to the municipality, the distance

 

 

09700HB3450sam001- 42 -LRB097 08792 MGM 72917 a

1    between the east property line of the premises and the west
2    property line of the school is 97.8 feet;
3        (4) the school is a City of Chicago School District 299
4    school;
5        (5) the school has been operating since 1959;
6        (6) the primary entrance to the premises and the
7    primary entrance to the school are located on the same
8    street;
9        (7) the street on which the entrances of the premises
10    and the school are located is a major diagonal
11    thoroughfare;
12        (8) the premises is a single-story building of
13    approximately 2,900 square feet; and
14        (9) the premises is used for commercial purposes only.
15    (z) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor at a premises that is located within a municipality with
19a population in excess of 1,000,000 inhabitants and within 100
20feet of a mosque if:
21        (1) the sale of alcoholic liquor is not the principal
22    business carried on by the licensee at the premises;
23        (2) the licensee shall only sell packaged liquors at
24    the premises;
25        (3) the licensee is a national retail chain having over
26    100 locations within the municipality;

 

 

09700HB3450sam001- 43 -LRB097 08792 MGM 72917 a

1        (4) the licensee has over 8,000 locations nationwide;
2        (5) the licensee has locations in all 50 states;
3        (6) the premises is located in the North-East quadrant
4    of the municipality;
5        (7) the premises is a free-standing building that has
6    "drive-through" pharmacy service;
7        (8) the premises has approximately 14,490 square feet
8    of retail space;
9        (9) the premises has approximately 799 square feet of
10    pharmacy space;
11        (10) the premises is located on a major arterial street
12    that runs east-west and accepts truck traffic; and
13        (11) the alderman of the ward in which the premises is
14    located has expressed, in writing, his or her support for
15    the issuance of the license.
16    (aa) Notwithstanding any provision of this Section to the
17contrary, nothing in this Section shall prohibit the issuance
18or renewal of a license authorizing the sale of alcoholic
19liquor at a premises that is located within a municipality with
20a population in excess of 1,000,000 inhabitants and within 100
21feet of a church if:
22        (1) the sale of alcoholic liquor is not the principal
23    business carried on by the licensee at the premises;
24        (2) the licensee shall only sell packaged liquors at
25    the premises;
26        (3) the licensee is a national retail chain having over

 

 

09700HB3450sam001- 44 -LRB097 08792 MGM 72917 a

1    100 locations within the municipality;
2        (4) the licensee has over 8,000 locations nationwide;
3        (5) the licensee has locations in all 50 states;
4        (6) the premises is located in the North-East quadrant
5    of the municipality;
6        (7) the premises is located across the street from a
7    national grocery chain outlet;
8        (8) the premises has approximately 16,148 square feet
9    of retail space;
10        (9) the premises has approximately 992 square feet of
11    pharmacy space;
12        (10) the premises is located on a major arterial street
13    that runs north-south and accepts truck traffic; and
14        (11) the alderman of the ward in which the premises is
15    located has expressed, in writing, his or her support for
16    the issuance of the license.
17    (bb) Notwithstanding any provision of this Section to the
18contrary, nothing in this Section shall prohibit the issuance
19or renewal of a license authorizing the sale of alcoholic
20liquor at a premises that is located within a municipality with
21a population in excess of 1,000,000 inhabitants and within 100
22feet of a church if:
23        (1) the sale of alcoholic liquor is not the principal
24    business carried on by the licensee at the premises;
25        (2) the sale of alcoholic liquor at the premises is
26    incidental to the sale of food;

 

 

09700HB3450sam001- 45 -LRB097 08792 MGM 72917 a

1        (3) the primary entrance to the premises and the
2    primary entrance to the church are located on the same
3    street;
4        (4) the premises is across the street from the church;
5        (5) the street on which the premises and the church are
6    located is a major arterial street that runs east-west;
7        (6) the church is an elder-led and Bible-based Assyrian
8    church;
9        (7) the premises and the church are both single-story
10    buildings;
11        (8) the storefront directly west of the church is being
12    used as a restaurant; and
13        (9) the distance between the northern-most property
14    line of the premises and the southern-most property line of
15    the church is 65 feet.
16    (cc) Notwithstanding any provision of this Section to the
17contrary, nothing in this Section shall prohibit the issuance
18or renewal of a license authorizing the sale of alcoholic
19liquor at a premises that is located within a municipality with
20a population in excess of 1,000,000 inhabitants and within 100
21feet of a school if:
22        (1) the sale of alcoholic liquor is not the principal
23    business carried on by the licensee at the premises;
24        (2) the licensee shall only sell packaged liquors at
25    the premises;
26        (3) the licensee is a national retail chain;

 

 

09700HB3450sam001- 46 -LRB097 08792 MGM 72917 a

1        (4) as of October 25, 2011, the licensee has 1,767
2    stores operating nationwide, 87 stores operating in the
3    State, and 10 stores operating within the municipality;
4        (5) the licensee shall occupy approximately 124,000
5    square feet of space in the basement and first and second
6    floors of a building located across the street from a
7    school;
8        (6) the school opened in August of 2009 and occupies
9    approximately 67,000 square feet of space; and
10        (7) the building in which the premises shall be located
11    has been listed on the National Register of Historic Places
12    since April 17, 1970.
13    (dd) Notwithstanding any provision in this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor within a full-service grocery store at a premises that
17is located within a municipality with a population in excess of
181,000,000 inhabitants and is within 100 feet of a school if:
19        (1) the premises is constructed on land that was
20    purchased from the municipality at a fair market price;
21        (2) the premises is constructed on land that was
22    previously used as a parking facility for public safety
23    employees;
24        (3) the sale of alcoholic liquor is not the principal
25    business carried on by the licensee at the premises;
26        (4) the main entrance to the store is more than 100

 

 

09700HB3450sam001- 47 -LRB097 08792 MGM 72917 a

1    feet from the main entrance to the school;
2        (5) the premises is to be new construction;
3        (6) the school is a private school;
4        (7) the principal of the school has given written
5    approval for the license;
6        (8) the alderman of the ward where the premises is
7    located has given written approval of the issuance of the
8    license;
9        (9) the grocery store level of the premises is between
10    60,000 and 70,000 square feet; and
11        (10) the owner and operator of the grocery store
12    operates 2 other grocery stores that have alcoholic liquor
13    licenses within the same municipality.
14    (ee) Notwithstanding any provision in this Section to the
15contrary, nothing in this Section shall prohibit the issuance
16or renewal of a license authorizing the sale of alcoholic
17liquor within a full-service grocery store at a premises that
18is located within a municipality with a population in excess of
191,000,000 inhabitants and is within 100 hundred feet of a
20school if:
21        (1) the premises is constructed on land that once
22    contained an industrial steel facility;
23        (2) the premises is located on land that has undergone
24    environmental remediation;
25        (3) the premises is located within a retail complex
26    containing retail stores where some of the stores sell

 

 

09700HB3450sam001- 48 -LRB097 08792 MGM 72917 a

1    alcoholic beverages;
2        (4) the principal activity of any restaurant in the
3    retail complex is the sale of food, and the sale of
4    alcoholic liquor is incidental to the sale of food;
5        (5) the sale of alcoholic liquor is not the principal
6    business carried on by the grocery store;
7        (6) the entrance to any business that sells alcoholic
8    liquor is more than 100 feet from the entrance to the
9    school;
10        (7) the alderman of the ward where the premises is
11    located has given written approval of the issuance of the
12    license; and
13        (8) the principal of the school has given written
14    consent to the issuance of the license.
15    (ff) (dd) Notwithstanding any provision of this Section to
16the contrary, nothing in this Section shall prohibit the
17issuance or renewal of a license authorizing the sale of
18alcoholic liquor at a premises that is located within a
19municipality with a population in excess of 1,000,000
20inhabitants and within 100 feet of a school if:
21        (1) the sale of alcoholic liquor is not the principal
22    business carried on at the premises;
23        (2) the sale of alcoholic liquor at the premises is
24    incidental to the operation of a theater;
25        (3) the premises is a one and one-half-story building
26    of approximately 10,000 square feet;

 

 

09700HB3450sam001- 49 -LRB097 08792 MGM 72917 a

1        (4) the school is a City of Chicago School District 299
2    school;
3        (5) the primary entrance of the premises and the
4    primary entrance of the school are at least 300 feet apart
5    and no more than 400 feet apart;
6        (6) the alderman of the ward in which the premises is
7    located has expressed, in writing, his support for the
8    issuance of the license; and
9        (7) the principal of the school has expressed, in
10    writing, that there is no objection to the issuance of a
11    license under this subsection (ff) (dd).
12    (gg) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor incidental to the sale of food within a restaurant or
16banquet facility established in a premises that is located in a
17municipality with a population in excess of 1,000,000
18inhabitants and within 100 feet of a church if:
19        (1) the sale of alcoholic liquor is not the principal
20    business carried on by the licensee at the premises;
21        (2) the property on which the church is located and the
22    property on which the premises are located are both within
23    a district originally listed on the National Register of
24    Historic Places on February 14, 1979;
25        (3) the property on which the premises are located
26    contains one or more multi-story buildings that are at

 

 

09700HB3450sam001- 50 -LRB097 08792 MGM 72917 a

1    least 95 years old and have no more than three stories;
2        (4) the building in which the church is located is at
3    least 120 years old;
4        (5) the property on which the church is located is
5    immediately adjacent to and west of the property on which
6    the premises are located;
7        (6) the western boundary of the property on which the
8    premises are located is no less than 118 feet in length and
9    no more than 122 feet in length;
10        (7) as of December 31, 2012, both the church property
11    and the property on which the premises are located are
12    within 250 feet of City of Chicago Business-Residential
13    Planned Development Number 38;
14        (8) the principal religious leader at the place of
15    worship has indicated his or her support for the issuance
16    of the license in writing; and
17        (9) the alderman in whose district the premises are
18    located has expressed his or her support for the issuance
19    of the license in writing.
20    For the purposes of this subsection, "banquet facility"
21means the part of the building that is located on the floor
22above a restaurant and caters to private parties and where the
23sale of alcoholic liquors is not the principal business.
24    (hh) Notwithstanding any provision of this Section to the
25contrary, nothing in this Section shall prohibit the issuance
26or renewal of a license authorizing the sale of alcoholic

 

 

09700HB3450sam001- 51 -LRB097 08792 MGM 72917 a

1liquor within a hotel and at an outdoor patio area attached to
2the hotel that are located in a municipality with a population
3in excess of 1,000,000 inhabitants and that are within 100 feet
4of a hospital if:
5        (1) the sale of alcoholic liquor is not the principal
6    business carried on by the licensee at the hotel;
7        (2) the hotel is located within the City of Chicago
8    Business Planned Development Number 468; and
9        (3) the hospital is located within the City of Chicago
10    Institutional Planned Development Number 3.
11    (ii) Notwithstanding any provision of this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license authorizing the sale of alcoholic
14liquor within a restaurant and at an outdoor patio area
15attached to the restaurant that are located in a municipality
16with a population in excess of 1,000,000 inhabitants and that
17are within 100 feet of a church if:
18        (1) the sale of alcoholic liquor at the premises is not
19    the principal business carried on by the licensee and is
20    incidental to the sale of food;
21        (2) the restaurant has been operated on the street
22    level of a 2-story building located on a corner lot since
23    2008;
24        (3) the restaurant is between 3,700 and 4,000 square
25    feet and sits on a lot that is no more than 6,200 square
26    feet;

 

 

09700HB3450sam001- 52 -LRB097 08792 MGM 72917 a

1        (4) the primary entrance to the restaurant and the
2    primary entrance to the church are located on the same
3    street;
4        (5) the street on which the restaurant and the church
5    are located is a major east-west street;
6        (6) the restaurant and the church are separated by a
7    one-way northbound street;
8        (7) the church is located to the west of and no more
9    than 65 feet from the restaurant; and
10        (8) the principal religious leader at the place of
11    worship has indicated his or her consent to the issuance of
12    the license in writing.
13(Source: P.A. 96-283, eff. 8-11-09; 96-744, eff. 8-25-09;
1496-851, eff. 12-23-09; 96-871, eff. 1-21-10; 96-1051, eff.
157-14-10; 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634, eff.
1612-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12; 97-806,
17eff. 7-13-12; revised 7-23-12.)
 
18    (235 ILCS 5/6-15)  (from Ch. 43, par. 130)
19    Sec. 6-15. No alcoholic liquors shall be sold or delivered
20in any building belonging to or under the control of the State
21or any political subdivision thereof except as provided in this
22Act. The corporate authorities of any city, village,
23incorporated town, township, or county may provide by
24ordinance, however, that alcoholic liquor may be sold or
25delivered in any specifically designated building belonging to

 

 

09700HB3450sam001- 53 -LRB097 08792 MGM 72917 a

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

 

 

09700HB3450sam001- 54 -LRB097 08792 MGM 72917 a

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

 

 

09700HB3450sam001- 55 -LRB097 08792 MGM 72917 a

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

 

 

09700HB3450sam001- 56 -LRB097 08792 MGM 72917 a

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

 

 

09700HB3450sam001- 57 -LRB097 08792 MGM 72917 a

1all local laws and regulations. After the acquisition by
2Winnebago County of the property located at 404 Elm Street in
3Rockford, a commercial tenant who sold alcoholic liquor at
4retail on a portion of the property under a valid license at
5the time of the acquisition may continue to do so for so long
6as the tenant and the County may agree under existing or future
7leases, subject to all local laws and regulations regarding the
8sale of alcoholic liquor. Alcoholic liquors may be delivered to
9and sold at Memorial Hall, located at 211 North Main Street,
10Rockford, under conditions approved by Winnebago County and
11subject to all local laws and regulations regarding the sale of
12alcoholic liquor. Each facility shall provide dram shop
13liability in maximum insurance coverage limits so as to save
14harmless the State, municipality, State university, airport,
15golf course, faculty center, facility in which conference and
16convention type activities take place, park district, Forest
17Preserve District, public community college district,
18aquarium, museum, or sanitary district from all financial loss,
19damage or harm. Alcoholic liquors may be sold at retail in
20buildings of golf courses owned by municipalities or Illinois
21State University in connection with the operation of an
22established food serving facility during times when food is
23dispensed for consumption upon the premises. Alcoholic liquors
24may be delivered to and sold at retail in any building owned by
25a fire protection district organized under the Fire Protection
26District Act, provided that such delivery and sale is approved

 

 

09700HB3450sam001- 58 -LRB097 08792 MGM 72917 a

1by the board of trustees of the district, and provided further
2that such delivery and sale is limited to fundraising events
3and to a maximum of 6 events per year.
4    Alcoholic liquors may be served or sold in buildings under
5the control of the Board of Trustees of the University of
6Illinois for events that the Board may determine are public
7events and not related student activities. The Board of
8Trustees shall issue a written policy within 6 months of the
9effective date of this amendatory Act of the 95th General
10Assembly concerning the types of events that would be eligible
11for an exemption. Thereafter, the Board of Trustees may issue
12revised, updated, new, or amended policies as it deems
13necessary and appropriate. In preparing its written policy, the
14Board of Trustees shall, among other factors it considers
15relevant and important, give consideration to the following:
16(i) whether the event is a student activity or student related
17activity; (ii) whether the physical setting of the event is
18conducive to control of liquor sales and distribution; (iii)
19the ability of the event operator to ensure that the sale or
20serving of alcoholic liquors and the demeanor of the
21participants are in accordance with State law and University
22policies; (iv) regarding the anticipated attendees at the
23event, the relative proportion of individuals under the age of
2421 to individuals age 21 or older; (v) the ability of the venue
25operator to prevent the sale or distribution of alcoholic
26liquors to individuals under the age of 21; (vi) whether the

 

 

09700HB3450sam001- 59 -LRB097 08792 MGM 72917 a

1event prohibits participants from removing alcoholic beverages
2from the venue; and (vii) whether the event prohibits
3participants from providing their own alcoholic liquors to the
4venue. In addition, any policy submitted by the Board of
5Trustees to the Illinois Liquor Control Commission must require
6that any event at which alcoholic liquors are served or sold in
7buildings under the control of the Board of Trustees shall
8require the prior written approval of the Office of the
9Chancellor for the University campus where the event is
10located. The Board of Trustees shall submit its policy, and any
11subsequently revised, updated, new, or amended policies, to the
12Illinois Liquor Control Commission, and any University event,
13or location for an event, exempted under such policies shall
14apply for a license under the applicable Sections of this Act.
15    Alcoholic liquors may be served or sold in buildings under
16the control of the Board of Trustees of Northern Illinois
17University for events that the Board may determine are public
18events and not student-related activities. The Board of
19Trustees shall issue a written policy within 6 months after
20June 28, 2011 (the effective date of Public Act 97-45)
21concerning the types of events that would be eligible for an
22exemption. Thereafter, the Board of Trustees may issue revised,
23updated, new, or amended policies as it deems necessary and
24appropriate. In preparing its written policy, the Board of
25Trustees shall, in addition to other factors it considers
26relevant and important, give consideration to the following:

 

 

09700HB3450sam001- 60 -LRB097 08792 MGM 72917 a

1(i) whether the event is a student activity or student-related
2activity; (ii) whether the physical setting of the event is
3conducive to control of liquor sales and distribution; (iii)
4the ability of the event operator to ensure that the sale or
5serving of alcoholic liquors and the demeanor of the
6participants are in accordance with State law and University
7policies; (iv) the anticipated attendees at the event and the
8relative proportion of individuals under the age of 21 to
9individuals age 21 or older; (v) the ability of the venue
10operator to prevent the sale or distribution of alcoholic
11liquors to individuals under the age of 21; (vi) whether the
12event prohibits participants from removing alcoholic beverages
13from the venue; and (vii) whether the event prohibits
14participants from providing their own alcoholic liquors to the
15venue.
16    Alcoholic liquors may be served or sold in buildings under
17the control of the Board of Trustees of Illinois State
18University for events that the Board may determine are public
19events and not student-related activities. The Board of
20Trustees shall issue a written policy within 6 months after the
21effective date of this amendatory Act of the 97th General
22Assembly concerning the types of events that would be eligible
23for an exemption. Thereafter, the Board of Trustees may issue
24revised, updated, new, or amended policies as it deems
25necessary and appropriate. In preparing its written policy, the
26Board of Trustees shall, in addition to other factors it

 

 

09700HB3450sam001- 61 -LRB097 08792 MGM 72917 a

1considers relevant and important, give consideration to the
2following: (i) whether the event is a student activity or
3student-related activity; (ii) whether the physical setting of
4the event is conducive to control of liquor sales and
5distribution; (iii) the ability of the event operator to ensure
6that the sale or serving of alcoholic liquors and the demeanor
7of the participants are in accordance with State law and
8University policies; (iv) the anticipated attendees at the
9event and the relative proportion of individuals under the age
10of 21 to individuals age 21 or older; (v) the ability of the
11venue operator to prevent the sale or distribution of alcoholic
12liquors to individuals under the age of 21; (vi) whether the
13event prohibits participants from removing alcoholic beverages
14from the venue; and (vii) whether the event prohibits
15participants from providing their own alcoholic liquors to the
16venue.
17    Alcoholic liquor may be delivered to and sold at retail in
18the Dorchester Senior Business Center owned by the Village of
19Dolton if the alcoholic liquor is sold or dispensed only in
20connection with organized functions for which the planned
21attendance is 20 or more persons, and if the person or facility
22selling or dispensing the alcoholic liquor has provided dram
23shop liability insurance in maximum limits so as to hold
24harmless the Village of Dolton and the State from all financial
25loss, damage and harm.
26    Alcoholic liquors may be delivered to and sold at retail in

 

 

09700HB3450sam001- 62 -LRB097 08792 MGM 72917 a

1any building used as an Illinois State Armory provided:
2        (i) the Adjutant General's written consent to the
3    issuance of a license to sell alcoholic liquor in such
4    building is filed with the Commission;
5        (ii) the alcoholic liquor is sold or dispensed only in
6    connection with organized functions held on special
7    occasions;
8        (iii) the organized function is one for which the
9    planned attendance is 25 or more persons; and
10        (iv) the facility selling or dispensing the alcoholic
11    liquors has provided dram shop liability insurance in
12    maximum limits so as to save harmless the facility and the
13    State from all financial loss, damage or harm.
14    Alcoholic liquors may be delivered to and sold at retail in
15the Chicago Civic Center, provided that:
16        (i) the written consent of the Public Building
17    Commission which administers the Chicago Civic Center is
18    filed with the Commission;
19        (ii) the alcoholic liquor is sold or dispensed only in
20    connection with organized functions held on special
21    occasions;
22        (iii) the organized function is one for which the
23    planned attendance is 25 or more persons;
24        (iv) the facility selling or dispensing the alcoholic
25    liquors has provided dram shop liability insurance in
26    maximum limits so as to hold harmless the Civic Center, the

 

 

09700HB3450sam001- 63 -LRB097 08792 MGM 72917 a

1    City of Chicago and the State from all financial loss,
2    damage or harm; and
3        (v) all applicable local ordinances are complied with.
4    Alcoholic liquors may be delivered or sold in any building
5belonging to or under the control of any city, village or
6incorporated town where more than 75% of the physical
7properties of the building is used for commercial or
8recreational purposes, and the building is located upon a pier
9extending into or over the waters of a navigable lake or stream
10or on the shore of a navigable lake or stream. In accordance
11with a license issued under this Act, alcoholic liquor may be
12sold, served, or delivered in buildings and facilities under
13the control of the Department of Natural Resources during
14events or activities lasting no more than 7 continuous days
15upon the written approval of the Director of Natural Resources
16acting as the controlling government authority. The Director of
17Natural Resources may specify conditions on that approval,
18including but not limited to requirements for insurance and
19hours of operation. Notwithstanding any other provision of this
20Act, alcoholic liquor sold by a United States Army Corps of
21Engineers or Department of Natural Resources concessionaire
22who was operating on June 1, 1991 for on-premises consumption
23only is not subject to the provisions of Articles IV and IX.
24Beer and wine may be sold on the premises of the Joliet Park
25District Stadium owned by the Joliet Park District when written
26consent to the issuance of a license to sell beer and wine in

 

 

09700HB3450sam001- 64 -LRB097 08792 MGM 72917 a

1such premises is filed with the local liquor commissioner by
2the Joliet Park District. Beer and wine may be sold in
3buildings on the grounds of State veterans' homes when written
4consent to the issuance of a license to sell beer and wine in
5such buildings is filed with the Commission by the Department
6of Veterans' Affairs, and the facility shall provide dram shop
7liability in maximum insurance coverage limits so as to save
8the facility harmless from all financial loss, damage or harm.
9Such liquors may be delivered to and sold at any property owned
10or held under lease by a Metropolitan Pier and Exposition
11Authority or Metropolitan Exposition and Auditorium Authority.
12    Beer and wine may be sold and dispensed at professional
13sporting events and at professional concerts and other
14entertainment events conducted on premises owned by the Forest
15Preserve District of Kane County, subject to the control of the
16District Commissioners and applicable local law, provided that
17dram shop liability insurance is provided at maximum coverage
18limits so as to hold the District harmless from all financial
19loss, damage and harm.
20    Nothing in this Section shall preclude the sale or delivery
21of beer and wine at a State or county fair or the sale or
22delivery of beer or wine at a city fair in any otherwise lawful
23manner.
24    Alcoholic liquors may be sold at retail in buildings in
25State parks under the control of the Department of Natural
26Resources, provided:

 

 

09700HB3450sam001- 65 -LRB097 08792 MGM 72917 a

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

 

 

09700HB3450sam001- 66 -LRB097 08792 MGM 72917 a

1        c. the alcoholic liquors are sold by the lodge or
2    restaurant concessionaire only during the hours from 11
3    o'clock a.m. until 12 o'clock midnight.
4    The sale of alcoholic liquors pursuant to this Section does
5not authorize the establishment and operation of facilities
6commonly called taverns, saloons, bars, cocktail lounges, and
7the like except as a part of lodge and restaurant facilities in
8State parks or golf courses owned by Forest Preserve Districts
9with a population of less than 3,000,000 or municipalities or
10park districts.
11    Alcoholic liquors may be sold at retail in the Springfield
12Administration Building of the Department of Transportation
13and the Illinois State Armory in Springfield; provided, that
14the controlling government authority may consent to such sales
15only if
16        a. the request is from a not-for-profit organization;
17        b. such sales would not impede normal operations of the
18    departments involved;
19        c. the not-for-profit organization provides dram shop
20    liability in maximum insurance coverage limits and agrees
21    to defend, save harmless and indemnify the State of
22    Illinois from all financial loss, damage or harm;
23        d. no such sale shall be made during normal working
24    hours of the State of Illinois; and
25        e. the consent is in writing.
26    Alcoholic liquors may be sold at retail in buildings in

 

 

09700HB3450sam001- 67 -LRB097 08792 MGM 72917 a

1recreational areas of river conservancy districts under the
2control of, or leased from, the river conservancy districts.
3Such sales are subject to reasonable local regulations as
4provided in Article IV; however, no such regulations may
5prohibit or substantially impair the sale of alcoholic liquors
6on Sundays or Holidays.
7    Alcoholic liquors may be provided in long term care
8facilities owned or operated by a county under Division 5-21 or
95-22 of the Counties Code, when approved by the facility
10operator and not in conflict with the regulations of the
11Illinois Department of Public Health, to residents of the
12facility who have had their consumption of the alcoholic
13liquors provided approved in writing by a physician licensed to
14practice medicine in all its branches.
15    Alcoholic liquors may be delivered to and dispensed in
16State housing assigned to employees of the Department of
17Corrections. No person shall furnish or allow to be furnished
18any alcoholic liquors to any prisoner confined in any jail,
19reformatory, prison or house of correction except upon a
20physician's prescription for medicinal purposes.
21    Alcoholic liquors may be sold at retail or dispensed at the
22Willard Ice Building in Springfield, at the State Library in
23Springfield, and at Illinois State Museum facilities by (1) an
24agency of the State, whether legislative, judicial or
25executive, provided that such agency first obtains written
26permission to sell or dispense alcoholic liquors from the

 

 

09700HB3450sam001- 68 -LRB097 08792 MGM 72917 a

1controlling government authority, or by (2) a not-for-profit
2organization, provided that such organization:
3        a. Obtains written consent from the controlling
4    government authority;
5        b. Sells or dispenses the alcoholic liquors in a manner
6    that does not impair normal operations of State offices
7    located in the building;
8        c. Sells or dispenses alcoholic liquors only in
9    connection with an official activity in the building;
10        d. Provides, or its catering service provides, dram
11    shop liability insurance in maximum coverage limits and in
12    which the carrier agrees to defend, save harmless and
13    indemnify the State of Illinois from all financial loss,
14    damage or harm arising out of the selling or dispensing of
15    alcoholic liquors.
16    Nothing in this Act shall prevent a not-for-profit
17organization or agency of the State from employing the services
18of a catering establishment for the selling or dispensing of
19alcoholic liquors at authorized functions.
20    The controlling government authority for the Willard Ice
21Building in Springfield shall be the Director of the Department
22of Revenue. The controlling government authority for Illinois
23State Museum facilities shall be the Director of the Illinois
24State Museum. The controlling government authority for the
25State Library in Springfield shall be the Secretary of State.
26    Alcoholic liquors may be delivered to and sold at retail or

 

 

09700HB3450sam001- 69 -LRB097 08792 MGM 72917 a

1dispensed at any facility, property or building under the
2jurisdiction of the Historic Sites and Preservation Division of
3the Historic Preservation Agency or the Abraham Lincoln
4Presidential Library and Museum where the delivery, sale or
5dispensing is by (1) an agency of the State, whether
6legislative, judicial or executive, provided that such agency
7first obtains written permission to sell or dispense alcoholic
8liquors from a controlling government authority, or by (2) an
9individual or organization provided that such individual or
10organization:
11        a. Obtains written consent from the controlling
12    government authority;
13        b. Sells or dispenses the alcoholic liquors in a manner
14    that does not impair normal workings of State offices or
15    operations located at the facility, property or building;
16        c. Sells or dispenses alcoholic liquors only in
17    connection with an official activity of the individual or
18    organization in the facility, property or building;
19        d. Provides, or its catering service provides, dram
20    shop liability insurance in maximum coverage limits and in
21    which the carrier agrees to defend, save harmless and
22    indemnify the State of Illinois from all financial loss,
23    damage or harm arising out of the selling or dispensing of
24    alcoholic liquors.
25    The controlling government authority for the Historic
26Sites and Preservation Division of the Historic Preservation

 

 

09700HB3450sam001- 70 -LRB097 08792 MGM 72917 a

1Agency shall be the Director of the Historic Sites and
2Preservation, and the controlling government authority for the
3Abraham Lincoln Presidential Library and Museum shall be the
4Director of the Abraham Lincoln Presidential Library and
5Museum.
6    Alcoholic liquors may be delivered to and sold at retail or
7dispensed for consumption at the Michael Bilandic Building at
8160 North LaSalle Street, Chicago IL 60601, after the normal
9business hours of any day care or child care facility located
10in the building, by (1) a commercial tenant or subtenant
11conducting business on the premises under a lease made pursuant
12to Section 405-315 of the Department of Central Management
13Services Law (20 ILCS 405/405-315), provided that such tenant
14or subtenant who accepts delivery of, sells, or dispenses
15alcoholic liquors shall procure and maintain dram shop
16liability insurance in maximum coverage limits and in which the
17carrier agrees to defend, indemnify, and save harmless the
18State of Illinois from all financial loss, damage, or harm
19arising out of the delivery, sale, or dispensing of alcoholic
20liquors, or by (2) an agency of the State, whether legislative,
21judicial, or executive, provided that such agency first obtains
22written permission to accept delivery of and sell or dispense
23alcoholic liquors from the Director of Central Management
24Services, or by (3) a not-for-profit organization, provided
25that such organization:
26        a. obtains written consent from the Department of

 

 

09700HB3450sam001- 71 -LRB097 08792 MGM 72917 a

1    Central Management Services;
2        b. accepts delivery of and sells or dispenses the
3    alcoholic liquors in a manner that does not impair normal
4    operations of State offices located in the building;
5        c. accepts delivery of and sells or dispenses alcoholic
6    liquors only in connection with an official activity in the
7    building; and
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
15organization or agency of the State from employing the services
16of a catering establishment for the selling or dispensing of
17alcoholic liquors at functions authorized by the Director of
18Central Management Services.
19    Alcoholic liquors may be sold at retail or dispensed at the
20James R. Thompson Center in Chicago, subject to the provisions
21of Section 7.4 of the State Property Control Act, and 222 South
22College Street in Springfield, Illinois by (1) a commercial
23tenant or subtenant conducting business on the premises under a
24lease or sublease made pursuant to Section 405-315 of the
25Department of Central Management Services Law (20 ILCS
26405/405-315), provided that such tenant or subtenant who sells

 

 

09700HB3450sam001- 72 -LRB097 08792 MGM 72917 a

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

 

 

09700HB3450sam001- 73 -LRB097 08792 MGM 72917 a

1alcoholic liquors at functions authorized by the Director of
2Central Management Services.
3    Alcoholic liquors may be sold or delivered at any facility
4owned by the Illinois Sports Facilities Authority provided that
5dram shop liability insurance has been made available in a
6form, with such coverage and in such amounts as the Authority
7reasonably determines is necessary.
8    Alcoholic liquors may be sold at retail or dispensed at the
9Rockford State Office Building by (1) an agency of the State,
10whether legislative, judicial or executive, provided that such
11agency first obtains written permission to sell or dispense
12alcoholic liquors from the Department of Central Management
13Services, or by (2) a not-for-profit organization, provided
14that such organization:
15        a. Obtains written consent from the Department of
16    Central Management Services;
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

 

 

09700HB3450sam001- 74 -LRB097 08792 MGM 72917 a

1    alcoholic liquors.
2    Nothing in this Act shall prevent a not-for-profit
3organization or agency of the State from employing the services
4of a catering establishment for the selling or dispensing of
5alcoholic liquors at functions authorized by the Department of
6Central Management Services.
7    Alcoholic liquors may be sold or delivered in a building
8that is owned by McLean County, situated on land owned by the
9county in the City of Bloomington, and used by the McLean
10County Historical Society if the sale or delivery is approved
11by an ordinance adopted by the county board, and the
12municipality in which the building is located may not prohibit
13that sale or delivery, notwithstanding any other provision of
14this Section. The regulation of the sale and delivery of
15alcoholic liquor in a building that is owned by McLean County,
16situated on land owned by the county, and used by the McLean
17County Historical Society as provided in this paragraph is an
18exclusive power and function of the State and is a denial and
19limitation under Article VII, Section 6, subsection (h) of the
20Illinois Constitution of the power of a home rule municipality
21to regulate that sale and delivery.
22    Alcoholic liquors may be sold or delivered in any building
23situated on land held in trust for any school district
24organized under Article 34 of the School Code, if the building
25is not used for school purposes and if the sale or delivery is
26approved by the board of education.

 

 

09700HB3450sam001- 75 -LRB097 08792 MGM 72917 a

1    Alcoholic liquors may be sold or delivered in buildings
2owned by the Community Building Complex Committee of Boone
3County, Illinois if the person or facility selling or
4dispensing the alcoholic liquor has provided dram shop
5liability insurance with coverage and in amounts that the
6Committee reasonably determines are necessary.
7    Alcoholic liquors may be sold or delivered in the building
8located at 1200 Centerville Avenue in Belleville, Illinois and
9occupied by either the Belleville Area Special Education
10District or the Belleville Area Special Services Cooperative.
11    Alcoholic liquors may be delivered to and sold at the Louis
12Joliet Renaissance Center, City Center Campus, located at 214
13N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
14Department facilities, Main Campus, located at 1215 Houbolt
15Road, Joliet, owned by or under the control of Joliet Junior
16College, Illinois Community College District No. 525.
17    Alcoholic liquors may be delivered to and sold at Triton
18College, Illinois Community College District No. 504.
19    Alcoholic liquors may be delivered to and sold at the
20College of DuPage, Illinois Community College District No. 502.
21    Alcoholic liquors may be delivered to and sold at the
22building located at 446 East Hickory Avenue in Apple River,
23Illinois, owned by the Apple River Fire Protection District,
24and occupied by the Apple River Community Association if the
25alcoholic liquor is sold or dispensed only in connection with
26organized functions approved by the Apple River Community

 

 

09700HB3450sam001- 76 -LRB097 08792 MGM 72917 a

1Association for which the planned attendance is 20 or more
2persons and if the person or facility selling or dispensing the
3alcoholic liquor has provided dram shop liability insurance in
4maximum limits so as to hold harmless the Apple River Fire
5Protection District, the Village of Apple River, and the Apple
6River Community Association from all financial loss, damage,
7and harm.
8    Alcoholic liquors may be delivered to and sold at the Sikia
9Restaurant, Kennedy King College Campus, located at 740 West
1063rd Street, Chicago, and at the Food Services in the Great
11Hall/Washburne Culinary Institute Department facility, Kennedy
12King College Campus, located at 740 West 63rd Street, Chicago,
13owned by or under the control of City Colleges of Chicago,
14Illinois Community College District No. 508.
15(Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51,
16eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11;
1797-395, eff. 8-16-11; 97-813, eff. 7-13-12.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".