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92_HB2412
LRB9204208LDcs
1 AN ACT in relation to alcoholic liquor.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Liquor Control Act of 1934 is amended by
5 changing Section 6-15 as follows:
6 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
7 Sec. 6-15. No alcoholic liquors shall be sold or
8 delivered in any building belonging to or under the control
9 of the State or any political subdivision thereof except as
10 provided in this Act. The corporate authorities of any city,
11 village, incorporated town or township may provide by
12 ordinance, however, that alcoholic liquor may be sold or
13 delivered in any specifically designated building belonging
14 to or under the control of the municipality or township, or
15 in any building located on land under the control of the
16 municipality; provided that such township complies with all
17 applicable local ordinances in any incorporated area of the
18 township. Alcoholic liquors may be delivered to and sold at
19 any airport belonging to or under the control of a
20 municipality of more than 25,000 inhabitants, or in any
21 building owned by a park district organized under the Park
22 District Code, subject to the approval of the governing board
23 of the district, or in any building or on any golf course
24 owned by a forest preserve district organized under the
25 Downstate Forest Preserve District Act, subject to the
26 approval of the governing board of the district, or on the
27 grounds within 500 feet of any building owned by a forest
28 preserve district organized under the Downstate Forest
29 Preserve District Act during times when food is dispensed for
30 consumption within 500 feet of the building from which the
31 food is dispensed, subject to the approval of the governing
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1 board of the district, or in a building owned by a Local Mass
2 Transit District organized under the Local Mass Transit
3 District Act, subject to the approval of the governing Board
4 of the District, or in Bicentennial Park, or on the premises
5 of the City of Mendota Lake Park located adjacent to Route 51
6 in Mendota, Illinois, or on the premises of Camden Park in
7 Milan, Illinois, or in the community center owned by the City
8 of Loves Park that is located at 1000 River Park Drive in
9 Loves Park, Illinois, or, in connection with the operation of
10 an established food serving facility during times when food
11 is dispensed for consumption on the premises, and at the
12 following aquarium and museums located in public parks: Art
13 Institute of Chicago, Chicago Academy of Sciences, Chicago
14 Historical Society, Field Museum of Natural History, Museum
15 of Science and Industry, DuSable Museum of African American
16 History, John G. Shedd Aquarium and Adler Planetarium, or at
17 Lakeview Museum of Arts and Sciences in Peoria, or in
18 connection with the operation of the facilities of the
19 Chicago Zoological Society or the Chicago Horticultural
20 Society on land owned by the Forest Preserve District of Cook
21 County, or in any building located on land owned by the
22 Chicago Park District if approved by the Park District
23 Commissioners, or on any land used for a golf course or for
24 recreational purposes and owned by the Illinois International
25 Port District if approved by the District's governing board,
26 or at any airport, golf course, faculty center, or facility
27 in which conference and convention type activities take place
28 belonging to or under control of any State university or
29 public community college district, provided that with respect
30 to a facility for conference and convention type activities
31 alcoholic liquors shall be limited to the use of the
32 convention or conference participants or participants in
33 cultural, political or educational activities held in such
34 facilities, and provided further that the faculty or staff of
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1 the State university or a public community college district,
2 or members of an organization of students, alumni, faculty or
3 staff of the State university or a public community college
4 district are active participants in the conference or
5 convention, or in Memorial Stadium on the campus of the
6 University of Illinois at Urbana-Champaign during games in
7 which the Chicago Bears professional football team is playing
8 in that stadium during the renovation of Soldier Field, or by
9 a catering establishment which has rented facilities from a
10 board of trustees of a public community college district, or,
11 if approved by the District board, on land owned by the
12 Metropolitan Sanitary District of Greater Chicago and leased
13 to others for a term of at least 20 years. Nothing in this
14 Section precludes the sale or delivery of alcoholic liquor in
15 the form of original packaged goods in premises located at
16 500 S. Racine in Chicago belonging to the University of
17 Illinois and used primarily as a grocery store by a
18 commercial tenant during the term of a lease that predates
19 the University's acquisition of the premises; but the
20 University shall have no power or authority to renew,
21 transfer, or extend the lease with terms allowing the sale of
22 alcoholic liquor; and the sale of alcoholic liquor shall be
23 subject to all local laws and regulations. After the
24 acquisition by Winnebago County of the property located at
25 404 Elm Street in Rockford, a commercial tenant who sold
26 alcoholic liquor at retail on a portion of the property under
27 a valid license at the time of the acquisition may continue
28 to do so for so long as the tenant and the County may agree
29 under existing or future leases, subject to all local laws
30 and regulations regarding the sale of alcoholic liquor. Each
31 facility shall provide dram shop liability in maximum
32 insurance coverage limits so as to save harmless the State,
33 municipality, State university, airport, golf course, faculty
34 center, facility in which conference and convention type
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1 activities take place, park district, Forest Preserve
2 District, public community college district, aquarium,
3 museum, or sanitary district from all financial loss, damage
4 or harm. Alcoholic liquors may be sold at retail in buildings
5 of golf courses owned by municipalities in connection with
6 the operation of an established food serving facility during
7 times when food is dispensed for consumption upon the
8 premises. Alcoholic liquors may be delivered to and sold at
9 retail in any building owned by a fire protection district
10 organized under the Fire Protection District Act, provided
11 that such delivery and sale is approved by the board of
12 trustees of the district, and provided further that such
13 delivery and sale is limited to fundraising events and to a
14 maximum of 6 events per year.
15 Alcoholic liquor may be delivered to and sold at retail
16 in the Dorchester Senior Business Center owned by the Village
17 of Dolton if the alcoholic liquor is sold or dispensed only
18 in connection with organized functions for which the planned
19 attendance is 20 or more persons, and if the person or
20 facility selling or dispensing the alcoholic liquor has
21 provided dram shop liability insurance in maximum limits so
22 as to hold harmless the Village of Dolton and the State from
23 all financial loss, damage and harm.
24 Alcoholic liquors may be delivered to and sold at retail
25 in any building used as an Illinois State Armory provided:
26 (i) the Adjutant General's written consent to the
27 issuance of a license to sell alcoholic liquor in such
28 building is filed with the Commission;
29 (ii) the alcoholic liquor is sold or dispensed only
30 in connection with organized functions held on special
31 occasions;
32 (iii) the organized function is one for which the
33 planned attendance is 25 or more persons; and
34 (iv) the facility selling or dispensing the
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1 alcoholic liquors has provided dram shop liability
2 insurance in maximum limits so as to save harmless the
3 facility and the State from all financial loss, damage or
4 harm.
5 Alcoholic liquors may be delivered to and sold at retail
6 in the Chicago Civic Center, provided that:
7 (i) the written consent of the Public Building
8 Commission which administers the Chicago Civic Center is
9 filed with the Commission;
10 (ii) the alcoholic liquor is sold or dispensed only
11 in connection with organized functions held on special
12 occasions;
13 (iii) the organized function is one for which the
14 planned attendance is 25 or more persons;
15 (iv) the facility selling or dispensing the
16 alcoholic liquors has provided dram shop liability
17 insurance in maximum limits so as to hold harmless the
18 Civic Center, the City of Chicago and the State from all
19 financial loss, damage or harm; and
20 (v) all applicable local ordinances are complied
21 with.
22 Alcoholic liquors may be delivered or sold in any
23 building belonging to or under the control of any city,
24 village or incorporated town where more than 75% of the
25 physical properties of the building is used for commercial or
26 recreational purposes, and the building is located upon a
27 pier extending into or over the waters of a navigable lake or
28 stream or on the shore of a navigable lake or stream.
29 Alcoholic liquor may be sold in buildings under the control
30 of the Department of Natural Resources when written consent
31 to the issuance of a license to sell alcoholic liquor in such
32 buildings is filed with the Commission by the Department of
33 Natural Resources. Notwithstanding any other provision of
34 this Act, alcoholic liquor sold by a United States Army Corps
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1 of Engineers or Department of Natural Resources
2 concessionaire who was operating on June 1, 1991 for
3 on-premises consumption only is not subject to the provisions
4 of Articles IV and IX. Beer and wine may be sold on the
5 premises of the Joliet Park District Stadium owned by the
6 Joliet Park District when written consent to the issuance of
7 a license to sell beer and wine in such premises is filed
8 with the local liquor commissioner by the Joliet Park
9 District. Beer and wine may be sold in buildings on the
10 grounds of State veterans' homes when written consent to the
11 issuance of a license to sell beer and wine in such buildings
12 is filed with the Commission by the Department of Veterans'
13 Affairs, and the facility shall provide dram shop liability
14 in maximum insurance coverage limits so as to save the
15 facility harmless from all financial loss, damage or harm.
16 Such liquors may be delivered to and sold at any property
17 owned or held under lease by a Metropolitan Pier and
18 Exposition Authority or Metropolitan Exposition and
19 Auditorium Authority.
20 Beer and wine may be sold and dispensed at professional
21 sporting events and at professional concerts and other
22 entertainment events conducted on premises owned by the
23 Forest Preserve District of Kane County, subject to the
24 control of the District Commissioners and applicable local
25 law, provided that dram shop liability insurance is provided
26 at maximum coverage limits so as to hold the District
27 harmless from all financial loss, damage and harm.
28 Nothing in this Section shall preclude the sale or
29 delivery of beer and wine at a State or county fair or the
30 sale or delivery of beer or wine at a city fair in any
31 otherwise lawful manner.
32 Alcoholic liquors may be sold at retail in buildings in
33 State parks under the control of the Department of Natural
34 Resources, provided:
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1 a. the State park has overnight lodging facilities
2 with 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
7 the commission by the Department of Natural Resources,
8 and
9 c. the alcoholic liquors are sold by the State park
10 lodge or restaurant concessionaire only during the hours
11 from 11 o'clock a.m. until 12 o'clock midnight.
12 Notwithstanding any other provision of this Act,
13 alcoholic liquor sold by the State park or restaurant
14 concessionaire is not subject to the provisions of
15 Articles IV and IX.
16 Alcoholic liquors may be sold at retail in buildings on
17 properties under the control of the Historic Preservation
18 Agency provided:
19 a. the property has overnight lodging facilities
20 with some restaurant facilities or, not having overnight
21 lodging facilities, has restaurant facilities which serve
22 complete luncheon and dinner or supper meals,
23 b. consent to the issuance of a license to sell
24 alcoholic liquors in the buildings has been filed with
25 the commission by the Historic Preservation Agency, and
26 c. the alcoholic liquors are sold by the lodge or
27 restaurant concessionaire only during the hours from 11
28 o'clock a.m. until 12 o'clock midnight.
29 The sale of alcoholic liquors pursuant to this Section
30 does not authorize the establishment and operation of
31 facilities commonly called taverns, saloons, bars, cocktail
32 lounges, and the like except as a part of lodge and
33 restaurant facilities in State parks or golf courses owned by
34 Forest Preserve Districts with a population of less than
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1 3,000,000 or municipalities or park districts.
2 Alcoholic liquors may be sold at retail in the
3 Springfield Administration Building of the Department of
4 Transportation and the Illinois State Armory in Springfield;
5 provided, that the controlling government authority may
6 consent to such sales only if
7 a. the request is from a not-for-profit
8 organization;
9 b. such sales would not impede normal operations of
10 the departments involved;
11 c. the not-for-profit organization provides dram
12 shop liability in maximum insurance coverage limits and
13 agrees to defend, save harmless and indemnify the State
14 of Illinois from all financial loss, damage or harm;
15 d. no such sale shall be made during normal working
16 hours of the State of Illinois; and
17 e. the consent is in writing.
18 Alcoholic liquors may be sold at retail in buildings in
19 recreational areas of river conservancy districts under the
20 control of, or leased from, the river conservancy districts.
21 Such sales are subject to reasonable local regulations as
22 provided in Article IV; however, no such regulations may
23 prohibit or substantially impair the sale of alcoholic
24 liquors on Sundays or Holidays.
25 Alcoholic liquors may be provided in long term care
26 facilities owned or operated by a county under Division 5-21
27 or 5-22 of the Counties Code, when approved by the facility
28 operator and not in conflict with the regulations of the
29 Illinois Department of Public Health, to residents of the
30 facility who have had their consumption of the alcoholic
31 liquors provided approved in writing by a physician licensed
32 to practice medicine in all its branches.
33 Alcoholic liquors may be delivered to and dispensed in
34 State housing assigned to employees of the Department of
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1 Corrections. No person shall furnish or allow to be furnished
2 any alcoholic liquors to any prisoner confined in any jail,
3 reformatory, prison or house of correction except upon a
4 physician's prescription for medicinal purposes.
5 Alcoholic liquors may be sold at retail or dispensed at
6 the Willard Ice Building in Springfield, at the State Library
7 in Springfield, and at Illinois State Museum facilities by
8 (1) an agency of the State, whether legislative, judicial or
9 executive, provided that such agency first obtains written
10 permission to sell or dispense alcoholic liquors from the
11 controlling government authority, or by (2) a not-for-profit
12 organization, provided that such organization:
13 a. Obtains written consent from the controlling
14 government authority;
15 b. Sells or dispenses the alcoholic liquors in a
16 manner that does not impair normal operations of State
17 offices located in the building;
18 c. Sells or dispenses alcoholic liquors only in
19 connection with an official activity in the building;
20 d. Provides, or its catering service provides, dram
21 shop liability insurance in maximum coverage limits and
22 in which the carrier agrees to defend, save harmless and
23 indemnify the State of Illinois from all financial loss,
24 damage or harm arising out of the selling or dispensing
25 of alcoholic liquors.
26 Nothing in this Act shall prevent a not-for-profit
27 organization or agency of the State from employing the
28 services of a catering establishment for the selling or
29 dispensing of alcoholic liquors at authorized functions.
30 The controlling government authority for the Willard Ice
31 Building in Springfield shall be the Director of the
32 Department of Revenue. The controlling government authority
33 for Illinois State Museum facilities shall be the Director of
34 the Illinois State Museum. The controlling government
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1 authority for the State Library in Springfield shall be the
2 Secretary of State.
3 Alcoholic liquors may be delivered to and sold at retail
4 or dispensed at any facility, property or building under the
5 jurisdiction of the Historic Preservation Agency where the
6 delivery, sale or dispensing is by (1) an agency of the
7 State, whether legislative, judicial or executive, provided
8 that such agency first obtains written permission to sell or
9 dispense alcoholic liquors from a controlling government
10 authority, or by (2) a not-for-profit organization provided
11 that such organization:
12 a. Obtains written consent from the controlling
13 government authority;
14 b. Sells or dispenses the alcoholic liquors in a
15 manner that does not impair normal workings of State
16 offices or operations located at the facility, property
17 or building;
18 c. Sells or dispenses alcoholic liquors only in
19 connection with an official activity of the
20 not-for-profit organization in the facility, property or
21 building;
22 d. Provides, or its catering service provides, dram
23 shop liability insurance in maximum coverage limits and
24 in 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
27 of alcoholic liquors.
28 The controlling government authority for the Historic
29 Preservation Agency shall be the Director of the Historic
30 Preservation Agency.
31 Alcoholic liquors may be sold at retail or dispensed at
32 the James R. Thompson Center in Chicago and 222 South College
33 Street in Springfield, Illinois by (1) a commercial tenant or
34 subtenant conducting business on the premises under a lease
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1 made pursuant to Section 405-315 of the Department of Central
2 Management Services Law (20 ILCS 405/405-315), provided that
3 such tenant or subtenant who sells or dispenses alcoholic
4 liquors shall procure and maintain dram shop liability
5 insurance in maximum coverage limits and in which the carrier
6 agrees to defend, indemnify and save harmless the State of
7 Illinois from all financial loss, damage or harm arising out
8 of the sale or dispensing of alcoholic liquors, or by (2) an
9 agency of the State, whether legislative, judicial or
10 executive, provided that such agency first obtains written
11 permission to sell or dispense alcoholic liquors from the
12 Director of Central Management Services, or by (3) a
13 not-for-profit organization, provided that such organization:
14 a. Obtains written consent from the Department of
15 Central Management Services;
16 b. Sells or dispenses the alcoholic liquors in a
17 manner that does not impair normal operations of State
18 offices located in the building;
19 c. Sells or dispenses alcoholic liquors only in
20 connection with an official activity in the building;
21 d. Provides, or its catering service provides, dram
22 shop liability insurance in maximum coverage limits and
23 in which the carrier agrees to defend, save harmless and
24 indemnify the State of Illinois from all financial loss,
25 damage or harm arising out of the selling or dispensing
26 of alcoholic liquors.
27 Nothing in this Act shall prevent a not-for-profit
28 organization or agency of the State from employing the
29 services of a catering establishment for the selling or
30 dispensing of alcoholic liquors at functions authorized by
31 the Director of Central Management Services.
32 Alcoholic liquors may be sold or delivered at any
33 facility owned by the Illinois Sports Facilities Authority
34 provided that dram shop liability insurance has been made
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1 available in a form, with such coverage and in such amounts
2 as the Authority reasonably determines is necessary.
3 Alcoholic liquors may be sold at retail or dispensed at
4 the Rockford State Office Building by (1) an agency of the
5 State, whether legislative, judicial or executive, provided
6 that such agency first obtains written permission to sell or
7 dispense alcoholic liquors from the Department of Central
8 Management Services, or by (2) a not-for-profit organization,
9 provided that such organization:
10 a. Obtains written consent from the Department of
11 Central Management Services;
12 b. Sells or dispenses the alcoholic liquors in a
13 manner that does not impair normal operations of State
14 offices located in the building;
15 c. Sells or dispenses alcoholic liquors only in
16 connection with an official activity in the building;
17 d. Provides, or its catering service provides, dram
18 shop liability insurance in maximum coverage limits and
19 in which the carrier agrees to defend, save harmless and
20 indemnify the State of Illinois from all financial loss,
21 damage or harm arising out of the selling or dispensing
22 of alcoholic liquors.
23 Nothing in this Act shall prevent a not-for-profit
24 organization or agency of the State from employing the
25 services of a catering establishment for the selling or
26 dispensing of alcoholic liquors at functions authorized by
27 the Department of Central Management Services.
28 Alcoholic liquors may be sold or delivered in a building
29 that is owned by McLean County, situated on land owned by the
30 county in the City of Bloomington, and used by the McLean
31 County Historical Society if the sale or delivery is approved
32 by an ordinance adopted by the county board, and the
33 municipality in which the building is located may not
34 prohibit that sale or delivery, notwithstanding any other
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1 provision of this Section. The regulation of the sale and
2 delivery of alcoholic liquor in a building that is owned by
3 McLean County, situated on land owned by the county, and used
4 by the McLean County Historical Society as provided in this
5 paragraph is an exclusive power and function of the State and
6 is a denial and limitation under Article VII, Section 6,
7 subsection (h) of the Illinois Constitution of the power of a
8 home rule municipality to regulate that sale and delivery.
9 Alcoholic liquors may be sold or delivered in any
10 building situated on land held in trust for any school
11 district organized under Article 34 of the School Code, if
12 the building is not used for school purposes and if the sale
13 or delivery is approved by the board of education.
14 Alcoholic liquors may be sold or delivered in buildings
15 owned by the Community Building Complex Committee of Boone
16 County, Illinois if the person or facility selling or
17 dispensing the alcoholic liquor has provided dram shop
18 liability insurance with coverage and in amounts that the
19 Committee reasonably determines are necessary.
20 Alcoholic liquors may be sold or delivered in the
21 building located at 1200 Centerville Avenue in Belleville,
22 Illinois and occupied by either the Belleville Area Special
23 Education District or the Belleville Area Special Services
24 Cooperative.
25 (Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00;
26 91-922, eff. 7-7-00.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.