State of Illinois
91st General Assembly
Legislation

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91_SB1550enr

 
SB1550 Enrolled                                LRB9111444LDpk

 1        AN ACT to  amend  the  Liquor  Control  Act  of  1934  by
 2    changing Sections 6-15 and 7-8.

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

 5        Section  3.   The  Alcoholism  and  Other  Drug Abuse and
 6    Dependency Act  is  amended  by  changing  Section  15-10  as
 7    follows:

 8        (20 ILCS 301/15-10)
 9        Sec.  15-10.  Licensure categories.  No person or program
10    may provide the services or conduct the activities  described
11    in  this  Section  without first obtaining a license therefor
12    from the Department.  The Department shall, by rule,  provide
13    licensure  requirements  for each of the following categories
14    of service:
15             (a)  residential treatment for alcoholism and  other
16        drug abuse and dependency.
17             (b)  outpatient  treatment  for alcoholism and other
18        drug abuse and dependency.
19             (c)  the screening, assessment, referral or tracking
20        of clients identified by the criminal justice  system  as
21        having  indications  of alcoholism or other drug abuse or
22        dependency.
23             (d)  D.U.I. evaluation services for Illinois  courts
24        and the Secretary of State.
25             (e)  D.U.I. remedial education services for Illinois
26        courts or the Secretary of State.
27             (f)  persons  providing  education  and  training to
28        beverage alcohol servers and sellers, as defined  by  the
29        Department.
30        The  Department may, under procedures established by rule
31    and upon a showing of good cause for  such,  exempt  off-site
 
SB1550 Enrolled            -2-                 LRB9111444LDpk
 1    services  from  having  to  obtain  a  separate  license  for
 2    services  conducted  away from the provider's primary service
 3    location.
 4    (Source: P.A. 88-80.)

 5        Section 5.  The Liquor Control Act of 1934 is amended  by
 6    changing Sections 6-15 and 7-8 as follows:

 7        (235 ILCS 5/3-12) (from Ch. 43, par. 108)
 8        Sec. 3-12.  Powers and duties of State Commission.
 9        (a)  The   State  commission  shall  have  the  following
10    powers, functions and duties:
11        (1)  To receive applications and  to  issue  licenses  to
12    manufacturers,  foreign  importers,  importing  distributors,
13    distributors,  non-resident  dealers,  on premise consumption
14    retailers, off premise sale retailers, special event retailer
15    licensees,  special  use  permit  licenses,  auction   liquor
16    licenses,  brew  pubs, caterer retailers, non-beverage users,
17    railroads, including owners and lessees of  sleeping,  dining
18    and  cafe  cars,  airplanes, boats, brokers, and wine maker's
19    retail licensees in accordance with the  provisions  of  this
20    Act,  and  to  suspend or revoke such licenses upon the State
21    commission's determination, upon notice after hearing, that a
22    licensee has violated any provision of this Act or  any  rule
23    or  regulation  issued  pursuant thereto and in effect for 30
24    days prior to such violation.
25        In  lieu  of  suspending  or  revoking  a  license,   the
26    commission  may  impose  a  fine, upon the State commission's
27    determination and notice after hearing, that a  licensee  has
28    violated  any provision of this Act or any rule or regulation
29    issued pursuant thereto and in effect for 30  days  prior  to
30    such  violation.   The  fine imposed under this paragraph may
31    not exceed $500  for  each  violation.   Each  day  that  the
32    activity,  which gave rise to the original fine, continues is
 
SB1550 Enrolled            -3-                 LRB9111444LDpk
 1    a separate violation.  The maximum fine that  may  be  levied
 2    against  any  licensee,  for the period of the license, shall
 3    not exceed $20,000. The maximum penalty that may  be  imposed
 4    on a licensee for selling a bottle of alcoholic liquor with a
 5    foreign  object  in  it or serving from a bottle of alcoholic
 6    liquor with a foreign object in it shall be  the  destruction
 7    of  that  bottle of alcoholic liquor for the first 10 bottles
 8    so sold or served from by the  licensee.   For  the  eleventh
 9    bottle   of  alcoholic  liquor  and  for  each  third  bottle
10    thereafter sold or served from by the licensee with a foreign
11    object in it, the maximum penalty that may be imposed on  the
12    licensee is the destruction of the bottle of alcoholic liquor
13    and a fine of up to $50.
14        (2)  To  adopt such rules and regulations consistent with
15    the provisions of this Act which shall be necessary to  carry
16    on  its  functions  and  duties  to  the end that the health,
17    safety and welfare of the People of  the  State  of  Illinois
18    shall  be  protected  and  temperance  in  the consumption of
19    alcoholic liquors shall  be  fostered  and  promoted  and  to
20    distribute  copies  of  such  rules  and  regulations  to all
21    licensees affected thereby.
22        (3)  To call upon other administrative departments of the
23    State, county and  municipal  governments,  county  and  city
24    police  departments  and  upon  prosecuting officers for such
25    information and assistance  as  it  deems  necessary  in  the
26    performance of its duties.
27        (4)  To   recommend  to  local  commissioners  rules  and
28    regulations,  not  inconsistent  with  the   law,   for   the
29    distribution  and  sale  of  alcoholic liquors throughout the
30    State.
31        (5)  To inspect, or cause to be inspected,  any  premises
32    in  this  State  where  alcoholic  liquors  are manufactured,
33    distributed, warehoused, or sold.
34        (5.1)  Upon  receipt  of  a  complaint  or  upon   having
 
SB1550 Enrolled            -4-                 LRB9111444LDpk
 1    knowledge  that  any  person  is  engaged  in  business  as a
 2    manufacturer, importing distributor, distributor, or retailer
 3    without a license or  valid  license,  to  notify  the  local
 4    liquor   authority,   file   a  complaint  with  the  State's
 5    Attorney's Office of the county where the incident  occurred,
 6    or   initiate  an  investigation  with  the  appropriate  law
 7    enforcement officials.
 8        (5.2)  To issue a cease  and  desist  notice  to  persons
 9    shipping  alcoholic  liquor  into  this  State  from  a point
10    outside of this State if the shipment is in violation of this
11    Act.
12        (5.3)  To  receive  complaints  from   licensees,   local
13    officials,   law  enforcement  agencies,  organizations,  and
14    persons stating that any licensee has been  or  is  violating
15    any provision of this Act or the rules and regulations issued
16    pursuant  to  this Act.  Such complaints shall be in writing,
17    signed and sworn to by the person making the  complaint,  and
18    shall  state  with  specificity  the facts in relation to the
19    alleged violation.  If the Commission has reasonable  grounds
20    to   believe  that  the  complaint  substantially  alleges  a
21    violation of  this  Act  or  rules  and  regulations  adopted
22    pursuant to this Act, it shall conduct an investigation.  If,
23    after   conducting   an   investigation,  the  Commission  is
24    satisfied that the alleged  violation  did  occur,  it  shall
25    proceed  with  disciplinary  action  against  the licensee as
26    provided in this Act.
27        (6)  To hear and determine appeals from orders of a local
28    commission in accordance with the provisions of this Act,  as
29    hereinafter  set  forth. Hearings under this subsection shall
30    be held in Springfield or Chicago, at whichever  location  is
31    the  more  convenient  for  the  majority  of persons who are
32    parties to the hearing.
33        (7)  The commission shall establish  uniform  systems  of
34    accounts  to be kept by all retail licensees having more than
 
SB1550 Enrolled            -5-                 LRB9111444LDpk
 1    4 employees, and for this purpose the commission may classify
 2    all  retail  licensees  having  more  than  4  employees  and
 3    establish a uniform system of accounts  for  each  class  and
 4    prescribe  the  manner  in which such accounts shall be kept.
 5    The commission may also prescribe the forms of accounts to be
 6    kept by all retail licensees having more  than  4  employees,
 7    including  but  not  limited  to  accounts  of  earnings  and
 8    expenses and any distribution, payment, or other distribution
 9    of  earnings  or  assets,  and  any  other forms, records and
10    memoranda which in the judgment  of  the  commission  may  be
11    necessary  or  appropriate to carry out any of the provisions
12    of this Act, including but not limited to such forms, records
13    and memoranda as will readily and accurately disclose at  all
14    times  the  beneficial  ownership  of  such  retail  licensed
15    business.   The  accounts, forms, records and memoranda shall
16    be available  at  all  reasonable  times  for  inspection  by
17    authorized  representatives of the State commission or by any
18    local liquor control commissioner or his  or  her  authorized
19    representative.  The  commission,  may,  from  time  to time,
20    alter, amend or repeal, in whole  or  in  part,  any  uniform
21    system  of  accounts,  or  the  form  and  manner  of keeping
22    accounts.
23        (8)  In the conduct of any hearing authorized to be  held
24    by the commission, to examine, or cause to be examined, under
25    oath,  any  licensee,  and to examine or cause to be examined
26    the books and records of such licensee; to hear testimony and
27    take proof material for its information in the  discharge  of
28    its   duties   hereunder;   to  administer  or  cause  to  be
29    administered  oaths;  and  for  any  such  purpose  to  issue
30    subpoena or subpoenas to require the attendance of  witnesses
31    and  the production of books, which shall be effective in any
32    part of this State.
33        Any Circuit Court may by order duly entered, require  the
34    attendance  of witnesses and the production of relevant books
 
SB1550 Enrolled            -6-                 LRB9111444LDpk
 1    subpoenaed by the State commission and the court  may  compel
 2    obedience to its order by proceedings for contempt.
 3        (9)  To   investigate   the  administration  of  laws  in
 4    relation to alcoholic liquors in this and  other  states  and
 5    any  foreign countries, and to recommend from time to time to
 6    the Governor and through him or her  to  the  legislature  of
 7    this  State,  such  amendments to this Act, if any, as it may
 8    think desirable and as will  serve  to  further  the  general
 9    broad purposes contained in Section 1-2 hereof.
10        (10)  To adopt such rules and regulations consistent with
11    the  provisions  of this Act which shall be necessary for the
12    control, sale or disposition of alcoholic liquor damaged as a
13    result of an accident, wreck, flood, fire  or  other  similar
14    occurrence.
15        (11)  To develop industry educational programs related to
16    responsible serving and selling, particularly in the areas of
17    overserving  consumers  and  illegal  underage purchasing and
18    consumption of alcoholic beverages.
19        (11.1)  To  license  persons  providing   education   and
20    training  to  alcohol  beverage sellers and servers under the
21    Beverage Alcohol Sellers and Servers Education  and  Training
22    (BASSET)  programs  and  to  develop  and administer a public
23    awareness program in Illinois  to  reduce  or  eliminate  the
24    illegal   purchase  and  consumption  of  alcoholic  beverage
25    products by persons under the age of 21.  Application  for  a
26    license  shall  be  made  on  forms  provided  by  the  State
27    Commission.
28        (12)  To develop and maintain a repository of license and
29    regulatory information.
30        (13)  On or before January 15, 1994, the Commission shall
31    issue  a  written report to the Governor and General Assembly
32    that is to be based on a comprehensive study of the impact on
33    and implications for the State of Illinois of Section 1926 of
34    the Federal ADAMHA Reorganization Act  of  1992  (Public  Law
 
SB1550 Enrolled            -7-                 LRB9111444LDpk
 1    102-321).   This  study  shall  address  the  extent to which
 2    Illinois currently  complies  with  the  provisions  of  P.L.
 3    102-321 and the rules promulgated pursuant thereto.
 4        As  part  of its report, the Commission shall provide the
 5    following essential information:
 6             (i)  the number of retail  distributors  of  tobacco
 7        products, by type and geographic area, in the State;
 8             (ii)  the   number   of   reported   citations   and
 9        successful  convictions, categorized by type and location
10        of retail distributor,  for  violation  of  the  Sale  of
11        Tobacco   to   Minors   Act  and  the  Smokeless  Tobacco
12        Limitation Act;
13             (iii)  the   extent   and   nature   of    organized
14        educational and governmental activities that are intended
15        to promote, encourage or otherwise secure compliance with
16        any  Illinois laws that prohibit the sale or distribution
17        of tobacco products to minors; and
18             (iv)  the  level  of  access  and  availability   of
19        tobacco products to individuals under the age of 18.
20        To   obtain   the  data  necessary  to  comply  with  the
21    provisions of P.L.  102-321  and  the  requirements  of  this
22    report,  the  Commission  shall  conduct  random, unannounced
23    inspections   of   a   geographically   and    scientifically
24    representative   sample   of   the   State's  retail  tobacco
25    distributors.
26        The Commission  shall  consult  with  the  Department  of
27    Public Health, the Department of Human Services, the Illinois
28    State  Police  and  any  other  executive  branch agency, and
29    private organizations that may have information  relevant  to
30    this report.
31        The  Commission  may  contract  with  the  Food  and Drug
32    Administration of the U.S. Department  of  Health  and  Human
33    Services  to  conduct  unannounced investigations of Illinois
34    tobacco vendors to determine  compliance  with  federal  laws
 
SB1550 Enrolled            -8-                 LRB9111444LDpk
 1    relating  to  the  illegal  sale  of cigarettes and smokeless
 2    tobacco products to persons under the age of 18.
 3        (b)  On or before April 30, 1999,  the  Commission  shall
 4    present  a  written  report  to  the Governor and the General
 5    Assembly that shall be based on a study of the impact of this
 6    amendatory  Act  of  1998  on  the  business  of  soliciting,
 7    selling, and shipping alcoholic liquor from outside  of  this
 8    State directly to residents of this State.
 9        As  part  of its report, the Commission shall provide the
10    following information:
11             (i)  the  amount  of  State  excise  and  sales  tax
12        revenues generated as a result of this amendatory Act  of
13        1998;
14             (ii)  the  amount  of  licensing  fees received as a
15        result of this amendatory Act of 1998;
16             (iii)  the number of reported violations, the number
17        of cease and desist notices issued by the Commission, the
18        number of notices of violations issued to the  Department
19        of  Revenue,  and the number of notices and complaints of
20        violations to law enforcement officials.
21    (Source: P.A. 90-9, eff. 7-1-97; 90-432, eff. 1-1-98; 90-655,
22    eff. 7-30-98; 90-739, eff. 8-13-98; 91-553, eff. 8-14-99.)

23        (235 ILCS 5/6-15) (from Ch. 43, par. 130)
24        Sec.  6-15.  No  alcoholic  liquors  shall  be  sold   or
25    delivered  in  any building belonging to or under the control
26    of the State or any political subdivision thereof  except  as
27    provided in this Act.  The corporate authorities of any city,
28    village,   incorporated  town  or  township  may  provide  by
29    ordinance, however, that alcoholic  liquor  may  be  sold  or
30    delivered  in  any specifically designated building belonging
31    to or under the control of the municipality or  township,  or
32    in  any  building  located  on  land under the control of the
33    municipality; provided that such township complies  with  all
 
SB1550 Enrolled            -9-                 LRB9111444LDpk
 1    applicable  local  ordinances in any incorporated area of the
 2    township. Alcoholic liquors may be delivered to and  sold  at
 3    any   airport   belonging  to  or  under  the  control  of  a
 4    municipality of more  than  25,000  inhabitants,  or  in  any
 5    building  owned  by  a park district organized under the Park
 6    District Code, subject to the approval of the governing board
 7    of the district, or in any building or  on  any  golf  course
 8    owned  by  a  forest  preserve  district  organized under the
 9    Downstate  Forest  Preserve  District  Act,  subject  to  the
10    approval of the governing board of the district,  or  on  the
11    grounds  within  500  feet  of any building owned by a forest
12    preserve  district  organized  under  the  Downstate   Forest
13    Preserve District Act during times when food is dispensed for
14    consumption  within  500  feet of the building from which the
15    food is dispensed,  subject to the approval of the  governing
16    board of the district, or in a building owned by a Local Mass
17    Transit  District  organized  under  the  Local  Mass Transit
18    District Act, subject to the approval of the governing  Board
19    of  the District, or in Bicentennial Park, or on the premises
20    of the City of Mendota Lake Park located adjacent to Route 51
21    in Mendota, Illinois, or on the premises of  Camden  Park  in
22    Milan, Illinois, or in the community center owned by the City
23    of  Loves  Park  that  is located at 1000 River Park Drive in
24    Loves Park, Illinois, or, in connection with the operation of
25    an established food serving facility during times  when  food
26    is  dispensed  for  consumption  on  the premises, and at the
27    following aquarium and museums located in public  parks:  Art
28    Institute  of  Chicago,  Chicago Academy of Sciences, Chicago
29    Historical Society, Field Museum of Natural  History,  Museum
30    of  Science  and Industry, DuSable Museum of African American
31    History, John G. Shedd Aquarium and Adler Planetarium, or  at
32    Lakeview  Museum  of  Arts  and  Sciences  in  Peoria,  or in
33    connection with  the  operation  of  the  facilities  of  the
34    Chicago  Zoological  Society  or  the  Chicago  Horticultural
 
SB1550 Enrolled            -10-                LRB9111444LDpk
 1    Society on land owned by the Forest Preserve District of Cook
 2    County,  or  in  any  building  located  on land owned by the
 3    Chicago Park  District  if  approved  by  the  Park  District
 4    Commissioners,  or  on any land used for a golf course or for
 5    recreational purposes and owned by the Illinois International
 6    Port District if approved by the District's governing  board,
 7    or  at  any airport, golf course, faculty center, or facility
 8    in which conference and convention type activities take place
 9    belonging to or under control  of  any  State  university  or
10    public community college district, provided that with respect
11    to  a  facility for conference and convention type activities
12    alcoholic  liquors  shall  be  limited  to  the  use  of  the
13    convention or  conference  participants  or  participants  in
14    cultural,  political  or  educational activities held in such
15    facilities, and provided further that the faculty or staff of
16    the State university or a public community college  district,
17    or members of an organization of students, alumni, faculty or
18    staff  of  the State university or a public community college
19    district  are  active  participants  in  the  conference   or
20    convention,  or  by a catering establishment which has rented
21    facilities from a board of trustees  of  a  public  community
22    college  district,  or, if approved by the District board, on
23    land owned by the Metropolitan Sanitary District  of  Greater
24    Chicago and leased to others for a term of at least 20 years.
25    Nothing  in  this  Section  precludes the sale or delivery of
26    alcoholic liquor in the form of original  packaged  goods  in
27    premises located at 500 S. Racine in Chicago belonging to the
28    University  of Illinois and used primarily as a grocery store
29    by a commercial tenant  during  the  term  of  a  lease  that
30    predates  the  University's  acquisition of the premises; but
31    the University shall have no power  or  authority  to  renew,
32    transfer, or extend the lease with terms allowing the sale of
33    alcoholic  liquor;  and the sale of alcoholic liquor shall be
34    subject to  all  local  laws  and  regulations.    After  the
 
SB1550 Enrolled            -11-                LRB9111444LDpk
 1    acquisition  by  Winnebago  County of the property located at
 2    404 Elm Street in Rockford,  a  commercial  tenant  who  sold
 3    alcoholic liquor at retail on a portion of the property under
 4    a  valid  license at the time of the acquisition may continue
 5    to do so for so long as the tenant and the County  may  agree
 6    under  existing  or  future leases, subject to all local laws
 7    and regulations regarding the sale of alcoholic liquor.  Each
 8    facility  shall  provide  dram  shop  liability  in   maximum
 9    insurance  coverage  limits so as to save harmless the State,
10    municipality, State university, airport, golf course, faculty
11    center, facility in  which  conference  and  convention  type
12    activities   take   place,  park  district,  Forest  Preserve
13    District,  public  community  college   district,   aquarium,
14    museum,  or sanitary district from all financial loss, damage
15    or harm. Alcoholic liquors may be sold at retail in buildings
16    of golf courses owned by municipalities  in  connection  with
17    the  operation of an established food serving facility during
18    times  when  food  is  dispensed  for  consumption  upon  the
19    premises. Alcoholic liquors may be delivered to and  sold  at
20    retail  in  any  building owned by a fire protection district
21    organized under the Fire Protection  District  Act,  provided
22    that  such  delivery  and  sale  is  approved by the board of
23    trustees of the district,  and  provided  further  that  such
24    delivery  and  sale is limited to fundraising events and to a
25    maximum of 6 events per year.
26        Alcoholic liquor may be delivered to and sold  at  retail
27    in the Dorchester Senior Business Center owned by the Village
28    of  Dolton  if the alcoholic liquor is sold or dispensed only
29    in connection with organized functions for which the  planned
30    attendance  is  20  or  more  persons,  and  if the person or
31    facility selling  or  dispensing  the  alcoholic  liquor  has
32    provided  dram  shop liability insurance in maximum limits so
33    as to hold harmless the Village of Dolton and the State  from
34    all financial loss, damage and harm.
 
SB1550 Enrolled            -12-                LRB9111444LDpk
 1        Alcoholic  liquors may be delivered to and sold at retail
 2    in any building used as an Illinois State Armory provided:
 3             (i)  the Adjutant General's written consent  to  the
 4        issuance  of  a  license to sell alcoholic liquor in such
 5        building is filed with the Commission;
 6             (ii)  the alcoholic liquor is sold or dispensed only
 7        in connection with organized functions  held  on  special
 8        occasions;
 9             (iii)  the  organized  function is one for which the
10        planned attendance is 25 or more persons; and
11             (iv)  the  facility  selling   or   dispensing   the
12        alcoholic   liquors  has  provided  dram  shop  liability
13        insurance in maximum limits so as to  save  harmless  the
14        facility and the State from all financial loss, damage or
15        harm.
16        Alcoholic  liquors may be delivered to and sold at retail
17    in the Chicago Civic Center, provided that:
18             (i)  the written  consent  of  the  Public  Building
19        Commission  which administers the Chicago Civic Center is
20        filed with the Commission;
21             (ii)  the alcoholic liquor is sold or dispensed only
22        in connection with organized functions  held  on  special
23        occasions;
24             (iii)  the  organized  function is one for which the
25        planned attendance is 25 or more persons;
26             (iv)  the  facility  selling   or   dispensing   the
27        alcoholic   liquors  has  provided  dram  shop  liability
28        insurance in maximum limits so as to  hold  harmless  the
29        Civic  Center, the City of Chicago and the State from all
30        financial loss, damage or harm; and
31             (v)  all applicable local  ordinances  are  complied
32        with.
33        Alcoholic  liquors  may  be  delivered  or  sold  in  any
34    building  belonging  to  or  under  the  control of any city,
 
SB1550 Enrolled            -13-                LRB9111444LDpk
 1    village or incorporated town  where  more  than  75%  of  the
 2    physical properties of the building is used for commercial or
 3    recreational  purposes,  and  the  building is located upon a
 4    pier extending into or over the waters of a navigable lake or
 5    stream or on  the  shore  of  a  navigable  lake  or  stream.
 6    Alcoholic  liquor  may be sold in buildings under the control
 7    of the Department of Natural Resources when  written  consent
 8    to the issuance of a license to sell alcoholic liquor in such
 9    buildings  is  filed with the Commission by the Department of
10    Natural Resources. Notwithstanding  any  other  provision  of
11    this Act, alcoholic liquor sold by a United States Army Corps
12    of    Engineers    or   Department   of   Natural   Resources
13    concessionaire  who  was  operating  on  June  1,  1991   for
14    on-premises consumption only is not subject to the provisions
15    of  Articles  IV  and  IX.  Beer  and wine may be sold on the
16    premises of the Joliet Park District  Stadium  owned  by  the
17    Joliet  Park District when written consent to the issuance of
18    a license to sell beer and wine in  such  premises  is  filed
19    with  the  local  liquor  commissioner  by  the  Joliet  Park
20    District.  Beer  and  wine  may  be  sold in buildings on the
21    grounds of State veterans' homes when written consent to  the
22    issuance of a license to sell beer and wine in such buildings
23    is  filed  with the Commission by the Department of Veterans'
24    Affairs, and the facility shall provide dram  shop  liability
25    in  maximum  insurance  coverage  limits  so  as  to save the
26    facility harmless from all financial loss,  damage  or  harm.
27    Such  liquors  may  be  delivered to and sold at any property
28    owned  or  held  under  lease  by  a  Metropolitan  Pier  and
29    Exposition   Authority   or   Metropolitan   Exposition   and
30    Auditorium Authority.
31        Beer and wine may be sold and dispensed  at  professional
32    sporting  events  and  at  professional  concerts  and  other
33    entertainment  events  conducted  on  premises  owned  by the
34    Forest Preserve District  of  Kane  County,  subject  to  the
 
SB1550 Enrolled            -14-                LRB9111444LDpk
 1    control  of  the  District Commissioners and applicable local
 2    law, provided that dram shop liability insurance is  provided
 3    at  maximum  coverage  limits  so  as  to  hold  the District
 4    harmless from all financial loss, damage and harm.
 5        Nothing in  this  Section  shall  preclude  the  sale  or
 6    delivery  of  beer  and wine at a State or county fair or the
 7    sale or delivery of beer or  wine  at  a  city  fair  in  any
 8    otherwise lawful manner.
 9        Alcoholic  liquors  may be sold at retail in buildings in
10    State parks under the control of the  Department  of  Natural
11    Resources, provided:
12             a.  the  State park has overnight lodging facilities
13        with some restaurant facilities or, not having  overnight
14        lodging facilities, has restaurant facilities which serve
15        complete luncheon and dinner or supper meals,
16             b.  consent  to  the  issuance  of a license to sell
17        alcoholic liquors in the buildings has  been  filed  with
18        the  commission  by  the Department of Natural Resources,
19        and
20             c.  the alcoholic liquors are sold by the State park
21        lodge or restaurant concessionaire only during the  hours
22        from   11   o'clock   a.m.  until  12  o'clock  midnight.
23        Notwithstanding  any  other  provision   of   this   Act,
24        alcoholic  liquor  sold  by  the State park or restaurant
25        concessionaire  is  not  subject  to  the  provisions  of
26        Articles IV and IX.
27        Alcoholic liquors may be sold at retail in  buildings  on
28    properties  under  the  control  of the Historic Preservation
29    Agency provided:
30             a.  the property has  overnight  lodging  facilities
31        with  some restaurant facilities or, not having overnight
32        lodging facilities, has restaurant facilities which serve
33        complete luncheon and dinner or supper meals,
34             b.  consent to the issuance of  a  license  to  sell
 
SB1550 Enrolled            -15-                LRB9111444LDpk
 1        alcoholic  liquors  in  the buildings has been filed with
 2        the commission by the Historic Preservation Agency, and
 3             c.  the alcoholic liquors are sold by the  lodge  or
 4        restaurant  concessionaire  only during the hours from 11
 5        o'clock a.m. until 12 o'clock midnight.
 6        The sale of alcoholic liquors pursuant  to  this  Section
 7    does   not  authorize  the  establishment  and  operation  of
 8    facilities commonly called taverns, saloons,  bars,  cocktail
 9    lounges,  and  the  like  except  as  a  part  of  lodge  and
10    restaurant facilities in State parks or golf courses owned by
11    Forest  Preserve  Districts  with  a  population of less than
12    3,000,000 or municipalities or park districts.
13        Alcoholic  liquors  may  be  sold  at   retail   in   the
14    Springfield  Administration  Building  of  the  Department of
15    Transportation and the Illinois State Armory in  Springfield;
16    provided,  that  the  controlling  government  authority  may
17    consent to such sales only if
18             a.  the    request    is   from   a   not-for-profit
19        organization;
20             b.  such sales would not impede normal operations of
21        the departments involved;
22             c.  the not-for-profit  organization  provides  dram
23        shop  liability  in maximum insurance coverage limits and
24        agrees to defend, save harmless and indemnify  the  State
25        of Illinois from all financial loss, damage or harm;
26             d.  no such sale shall be made during normal working
27        hours of the State of Illinois; and
28             e.  the consent is in writing.
29        Alcoholic  liquors  may be sold at retail in buildings in
30    recreational areas of river conservancy districts  under  the
31    control  of, or leased from, the river conservancy districts.
32    Such sales are subject to  reasonable  local  regulations  as
33    provided  in  Article  IV;  however,  no such regulations may
34    prohibit  or  substantially  impair  the  sale  of  alcoholic
 
SB1550 Enrolled            -16-                LRB9111444LDpk
 1    liquors on Sundays or Holidays.
 2        Alcoholic liquors may  be  provided  in  long  term  care
 3    facilities  owned or operated by a county under Division 5-21
 4    or 5-22 of the Counties Code, when approved by  the  facility
 5    operator  and  not  in  conflict  with the regulations of the
 6    Illinois Department of Public Health,  to  residents  of  the
 7    facility  who  have  had  their  consumption of the alcoholic
 8    liquors provided approved in writing by a physician  licensed
 9    to practice medicine in all its branches.
10        Alcoholic  liquors  may  be delivered to and dispensed in
11    State housing assigned to  employees  of  the  Department  of
12    Corrections. No person shall furnish or allow to be furnished
13    any  alcoholic  liquors to any prisoner confined in any jail,
14    reformatory, prison or house  of  correction  except  upon  a
15    physician's prescription for medicinal purposes.
16        Alcoholic  liquors  may be sold at retail or dispensed at
17    the Willard Ice Building in Springfield, at the State Library
18    in Springfield, and at Illinois State  Museum  facilities  by
19    (1)  an agency of the State, whether legislative, judicial or
20    executive, provided that such agency  first  obtains  written
21    permission  to  sell  or  dispense alcoholic liquors from the
22    controlling government authority, or by (2) a  not-for-profit
23    organization, provided that such organization:
24             a.  Obtains  written  consent  from  the controlling
25        government authority;
26             b.  Sells or dispenses the alcoholic  liquors  in  a
27        manner  that  does  not impair normal operations of State
28        offices located in the building;
29             c.  Sells or dispenses  alcoholic  liquors  only  in
30        connection with an official activity in the building;
31             d.  Provides, or its catering service provides, dram
32        shop  liability  insurance in maximum coverage limits and
33        in which the carrier agrees to defend, save harmless  and
34        indemnify  the State of Illinois from all financial loss,
 
SB1550 Enrolled            -17-                LRB9111444LDpk
 1        damage or harm arising out of the selling  or  dispensing
 2        of alcoholic liquors.
 3        Nothing  in  this  Act  shall  prevent  a  not-for-profit
 4    organization  or  agency  of  the  State  from  employing the
 5    services of a  catering  establishment  for  the  selling  or
 6    dispensing of alcoholic liquors at authorized functions.
 7        The  controlling government authority for the Willard Ice
 8    Building  in  Springfield  shall  be  the  Director  of   the
 9    Department  of Revenue.  The controlling government authority
10    for Illinois State Museum facilities shall be the Director of
11    the  Illinois  State  Museum.   The  controlling   government
12    authority  for  the State Library in Springfield shall be the
13    Secretary of State.
14        Alcoholic liquors may be delivered to and sold at  retail
15    or  dispensed at any facility, property or building under the
16    jurisdiction of the Historic Preservation  Agency  where  the
17    delivery,  sale  or  dispensing  is  by  (1) an agency of the
18    State, whether legislative, judicial or  executive,  provided
19    that  such agency first obtains written permission to sell or
20    dispense alcoholic  liquors  from  a  controlling  government
21    authority,  or  by (2) a not-for-profit organization provided
22    that such organization:
23             a.  Obtains written  consent  from  the  controlling
24        government authority;
25             b.  Sells  or  dispenses  the alcoholic liquors in a
26        manner that does not  impair  normal  workings  of  State
27        offices  or  operations located at the facility, property
28        or building;
29             c.  Sells or dispenses  alcoholic  liquors  only  in
30        connection    with    an   official   activity   of   the
31        not-for-profit organization in the facility, property  or
32        building;
33             d.  Provides, or its catering service provides, dram
34        shop  liability  insurance in maximum coverage limits and
 
SB1550 Enrolled            -18-                LRB9111444LDpk
 1        in which the carrier agrees to defend, save harmless  and
 2        indemnify  the State of Illinois from all financial loss,
 3        damage or harm arising out of the selling  or  dispensing
 4        of alcoholic liquors.
 5        The  controlling  government  authority  for the Historic
 6    Preservation Agency shall be the  Director  of  the  Historic
 7    Preservation Agency.
 8        Alcoholic  liquors  may be sold at retail or dispensed at
 9    the James R. Thompson Center in Chicago and 222 South College
10    Street in Springfield, Illinois by (1) a commercial tenant or
11    subtenant conducting business on the premises under  a  lease
12    made pursuant to Section 405-315 of the Department of Central
13    Management  Services Law (20 ILCS 405/405-315), provided that
14    such tenant or subtenant who  sells  or  dispenses  alcoholic
15    liquors  shall  procure  and  maintain  dram  shop  liability
16    insurance in maximum coverage limits and in which the carrier
17    agrees  to  defend,  indemnify and save harmless the State of
18    Illinois from all financial loss, damage or harm arising  out
19    of  the sale or dispensing of alcoholic liquors, or by (2) an
20    agency  of  the  State,  whether  legislative,  judicial   or
21    executive,  provided  that  such agency first obtains written
22    permission to sell or dispense  alcoholic  liquors  from  the
23    Director   of  Central  Management  Services,  or  by  (3)  a
24    not-for-profit organization, provided that such organization:
25             a.  Obtains written consent from the  Department  of
26        Central Management Services;
27             b.  Sells  or  dispenses  the alcoholic liquors in a
28        manner that does not impair normal  operations  of  State
29        offices located in the building;
30             c.  Sells  or  dispenses  alcoholic  liquors only in
31        connection with an official activity in the building;
32             d.  Provides, or its catering service provides, dram
33        shop liability insurance in maximum coverage  limits  and
34        in  which the carrier agrees to defend, save harmless and
 
SB1550 Enrolled            -19-                LRB9111444LDpk
 1        indemnify the State of Illinois from all financial  loss,
 2        damage  or  harm arising out of the selling or dispensing
 3        of alcoholic liquors.
 4        Nothing  in  this  Act  shall  prevent  a  not-for-profit
 5    organization or  agency  of  the  State  from  employing  the
 6    services  of  a  catering  establishment  for  the selling or
 7    dispensing of alcoholic liquors at  functions  authorized  by
 8    the Director of Central Management Services.
 9        Alcoholic  liquors  may  be  sold  or  delivered  at  any
10    facility  owned  by  the Illinois Sports Facilities Authority
11    provided that dram shop liability  insurance  has  been  made
12    available  in  a form, with such coverage and in such amounts
13    as the Authority reasonably determines is necessary.
14        Alcoholic liquors may be sold at retail or  dispensed  at
15    the  Rockford  State  Office Building by (1) an agency of the
16    State, whether legislative, judicial or  executive,  provided
17    that  such agency first obtains written permission to sell or
18    dispense alcoholic liquors from  the  Department  of  Central
19    Management Services, or by (2) a not-for-profit organization,
20    provided that such organization:
21             a.  Obtains  written  consent from the Department of
22        Central Management Services;
23             b.  Sells or dispenses the alcoholic  liquors  in  a
24        manner  that  does  not impair normal operations of State
25        offices located in the building;
26             c.  Sells or dispenses  alcoholic  liquors  only  in
27        connection with an official activity in the building;
28             d.  Provides, or its catering service provides, dram
29        shop  liability  insurance in maximum coverage limits and
30        in which the carrier agrees to defend, save harmless  and
31        indemnify  the State of Illinois from all financial loss,
32        damage or harm arising out of the selling  or  dispensing
33        of alcoholic liquors.
34        Nothing  in  this  Act  shall  prevent  a  not-for-profit
 
SB1550 Enrolled            -20-                LRB9111444LDpk
 1    organization  or  agency  of  the  State  from  employing the
 2    services of a  catering  establishment  for  the  selling  or
 3    dispensing  of  alcoholic  liquors at functions authorized by
 4    the Department of Central Management Services.
 5        Alcoholic liquors may be sold or delivered in a  building
 6    that is owned by McLean County, situated on land owned by the
 7    county  in  the  City  of Bloomington, and used by the McLean
 8    County Historical Society if the sale or delivery is approved
 9    by  an  ordinance  adopted  by  the  county  board,  and  the
10    municipality  in  which  the  building  is  located  may  not
11    prohibit that sale or  delivery,  notwithstanding  any  other
12    provision  of  this  Section.  The regulation of the sale and
13    delivery of alcoholic liquor in a building that is  owned  by
14    McLean County, situated on land owned by the county, and used
15    by  the  McLean County Historical Society as provided in this
16    paragraph is an exclusive power and function of the State and
17    is a denial and limitation  under  Article  VII,  Section  6,
18    subsection (h) of the Illinois Constitution of the power of a
19    home rule municipality to regulate that sale and delivery.
20        Alcoholic  liquors  may  be  sold  or  delivered  in  any
21    building  situated  on  land  held  in  trust  for any school
22    district organized under Article 34 of the  School  Code,  if
23    the  building is not used for school purposes and if the sale
24    or delivery is approved by the board of education.
25        Alcoholic liquors may be sold or delivered  in  buildings
26    owned  by  the  Community Building Complex Committee of Boone
27    County,  Illinois  if  the  person  or  facility  selling  or
28    dispensing  the  alcoholic  liquor  has  provided  dram  shop
29    liability insurance with coverage and  in  amounts  that  the
30    Committee reasonably determines are necessary.
31        Alcoholic  liquors  may  be  sold  or  delivered  in  the
32    building  located  at  1200 Centerville Avenue in Belleville,
33    Illinois and occupied by either the Belleville  Area  Special
34    Education  District  or  the Belleville Area Special Services
 
SB1550 Enrolled            -21-                LRB9111444LDpk
 1    Cooperative.
 2    (Source:  P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00.)

 3        (235 ILCS 5/7-8) (from Ch. 43, par. 152)
 4        Sec. 7-8.  For each city, village  or  incorporated  town
 5    having  a population of 500,000 or more inhabitants, there is
 6    established a license appeal  commission  consisting  of  the
 7    chairman  of the Illinois Liquor Control Commission, the most
 8    senior member of the Illinois Liquor Control  Commission  who
 9    is  not  of the same political party as the chairman, and one
10    person who is a resident of the particular city,  village  or
11    incorporated  town  selected  by the council or president and
12    board of trustees, as the case may be, who shall serve for  a
13    term of 4 years and until his successor is selected and takes
14    office.   Neither  the  mayor,  president  of  the  board  of
15    trustees, nor any member of the council or board of  trustees
16    shall   be  eligible  for  membership  on  a  license  appeal
17    commission. Each of the 2  members  of  the  Illinois  Liquor
18    Control  Commission  shall  receive  a $200 $100 per diem for
19    their work on the license appeal commission,  and  the  other
20    member  shall receive an annual salary which shall be paid by
21    the  particular  city,  village  or  incorporated  town.  The
22    secretary of the Illinois Liquor Control Commission shall  be
23    ex-officio the secretary for each license appeal commission.
24    (Source: P.A. 84-1282.)

25        (235 ILCS 5/6-27) (from Ch. 43, par. 144c)
26        Sec.  6-27.   Licensing  of  seller  and server education
27    programs.
28        (a)  Any program designed to educate or  train  employees
29    who  sell  or serve alcoholic beverages at retail to identify
30    and address persons displaying problems with  alcohol  misuse
31    or abuse shall be licensed by the State Commission Department
32    of Human Services.
 
SB1550 Enrolled            -22-                LRB9111444LDpk
 1        (b)  A  seller  and  server  education program license in
 2    effect on the effective date of this amendatory  Act  of  the
 3    91st  General  Assembly shall remain in effect until June 30,
 4    2000.
 5    (Source: P.A. 89-507, eff. 7-1-97.)

 6        Section 99.  Effective date.  This Act takes effect  upon
 7    becoming law.

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