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91_SB1550
LRB9111444LDpk
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 6-15.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Section 6-15 as follows:
7 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
8 Sec. 6-15. No alcoholic liquors shall be sold or
9 delivered in any building belonging to or under the control
10 of the State or any political subdivision thereof except as
11 provided in this Act. The corporate authorities of any city,
12 village, incorporated town or township may provide by
13 ordinance, however, that alcoholic liquor may be sold or
14 delivered in any specifically designated building belonging
15 to or under the control of the municipality or township, or
16 in any building located on land under the control of the
17 municipality; provided that such township complies with all
18 applicable local ordinances in any incorporated area of the
19 township. Alcoholic liquors may be delivered to and sold at
20 any airport belonging to or under the control of a
21 municipality of more than 25,000 inhabitants, or in any
22 building owned by a park district organized under the Park
23 District Code, subject to the approval of the governing board
24 of the district, or in any building or on any golf course
25 owned by a forest preserve district organized under the
26 Downstate Forest Preserve District Act, subject to the
27 approval of the governing board of the district, or on the
28 grounds within 500 feet of any building owned by a forest
29 preserve district during times when food is dispensed for
30 consumption within that area, subject to the approval of the
31 governing board of the district, or in Bicentennial Park, or
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1 on the premises of the City of Mendota Lake Park located
2 adjacent to Route 51 in Mendota, Illinois, or on the premises
3 of Camden Park in Milan, Illinois, or in the community center
4 owned by the City of Loves Park that is located at 1000 River
5 Park Drive in Loves Park, Illinois, or, in connection with
6 the operation of an established food serving facility during
7 times when food is dispensed for consumption on the premises,
8 and at the following aquarium and museums located in public
9 parks: Art Institute of Chicago, Chicago Academy of Sciences,
10 Chicago Historical Society, Field Museum of Natural History,
11 Museum of Science and Industry, DuSable Museum of African
12 American History, John G. Shedd Aquarium and Adler
13 Planetarium, or at Lakeview Museum of Arts and Sciences in
14 Peoria, or in connection with the operation of the facilities
15 of the Chicago Zoological Society or the Chicago
16 Horticultural Society on land owned by the Forest Preserve
17 District of Cook County, or in any building located on land
18 owned by the Chicago Park District if approved by the Park
19 District Commissioners, or on any land used for a golf course
20 or for recreational purposes and owned by the Illinois
21 International Port District if approved by the District's
22 governing board, or at any airport, golf course, faculty
23 center, or facility in which conference and convention type
24 activities take place belonging to or under control of any
25 State university or public community college district,
26 provided that with respect to a facility for conference and
27 convention type activities alcoholic liquors shall be limited
28 to the use of the convention or conference participants or
29 participants in cultural, political or educational activities
30 held in such facilities, and provided further that the
31 faculty or staff of the State university or a public
32 community college district, or members of an organization of
33 students, alumni, faculty or staff of the State university or
34 a public community college district are active participants
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1 in the conference or convention, or by a catering
2 establishment which has rented facilities from a board of
3 trustees of a public community college district, or, if
4 approved by the District board, on land owned by the
5 Metropolitan Sanitary District of Greater Chicago and leased
6 to others for a term of at least 20 years. Nothing in this
7 Section precludes the sale or delivery of alcoholic liquor in
8 the form of original packaged goods in premises located at
9 500 S. Racine in Chicago belonging to the University of
10 Illinois and used primarily as a grocery store by a
11 commercial tenant during the term of a lease that predates
12 the University's acquisition of the premises; but the
13 University shall have no power or authority to renew,
14 transfer, or extend the lease with terms allowing the sale of
15 alcoholic liquor; and the sale of alcoholic liquor shall be
16 subject to all local laws and regulations. After the
17 acquisition by Winnebago County of the property located at
18 404 Elm Street in Rockford, a commercial tenant who sold
19 alcoholic liquor at retail on a portion of the property under
20 a valid license at the time of the acquisition may continue
21 to do so for so long as the tenant and the County may agree
22 under existing or future leases, subject to all local laws
23 and regulations regarding the sale of alcoholic liquor. Each
24 facility shall provide dram shop liability in maximum
25 insurance coverage limits so as to save harmless the State,
26 municipality, State university, airport, golf course, faculty
27 center, facility in which conference and convention type
28 activities take place, park district, Forest Preserve
29 District, public community college district, aquarium,
30 museum, or sanitary district from all financial loss, damage
31 or harm. Alcoholic liquors may be sold at retail in buildings
32 of golf courses owned by municipalities in connection with
33 the operation of an established food serving facility during
34 times when food is dispensed for consumption upon the
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1 premises. Alcoholic liquors may be delivered to and sold at
2 retail in any building owned by a fire protection district
3 organized under the Fire Protection District Act, provided
4 that such delivery and sale is approved by the board of
5 trustees of the district, and provided further that such
6 delivery and sale is limited to fundraising events and to a
7 maximum of 6 events per year.
8 Alcoholic liquor may be delivered to and sold at retail
9 in the Dorchester Senior Business Center owned by the Village
10 of Dolton if the alcoholic liquor is sold or dispensed only
11 in connection with organized functions for which the planned
12 attendance is 20 or more persons, and if the person or
13 facility selling or dispensing the alcoholic liquor has
14 provided dram shop liability insurance in maximum limits so
15 as to hold harmless the Village of Dolton and the State from
16 all financial loss, damage and harm.
17 Alcoholic liquors may be delivered to and sold at retail
18 in any building used as an Illinois State Armory provided:
19 (i) the Adjutant General's written consent to the
20 issuance of a license to sell alcoholic liquor in such
21 building is filed with the Commission;
22 (ii) the alcoholic liquor is sold or dispensed only
23 in connection with organized functions held on special
24 occasions;
25 (iii) the organized function is one for which the
26 planned attendance is 25 or more persons; and
27 (iv) the facility selling or dispensing the
28 alcoholic liquors has provided dram shop liability
29 insurance in maximum limits so as to save harmless the
30 facility and the State from all financial loss, damage or
31 harm.
32 Alcoholic liquors may be delivered to and sold at retail
33 in the Chicago Civic Center, provided that:
34 (i) the written consent of the Public Building
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1 Commission which administers the Chicago Civic Center is
2 filed with the Commission;
3 (ii) the alcoholic liquor is sold or dispensed only
4 in connection with organized functions held on special
5 occasions;
6 (iii) the organized function is one for which the
7 planned attendance is 25 or more persons;
8 (iv) the facility selling or dispensing the
9 alcoholic liquors has provided dram shop liability
10 insurance in maximum limits so as to hold harmless the
11 Civic Center, the City of Chicago and the State from all
12 financial loss, damage or harm; and
13 (v) all applicable local ordinances are complied
14 with.
15 Alcoholic liquors may be delivered or sold in any
16 building belonging to or under the control of any city,
17 village or incorporated town where more than 75% of the
18 physical properties of the building is used for commercial or
19 recreational purposes, and the building is located upon a
20 pier extending into or over the waters of a navigable lake or
21 stream or on the shore of a navigable lake or stream.
22 Alcoholic liquor may be sold in buildings under the control
23 of the Department of Natural Resources when written consent
24 to the issuance of a license to sell alcoholic liquor in such
25 buildings is filed with the Commission by the Department of
26 Natural Resources. Notwithstanding any other provision of
27 this Act, alcoholic liquor sold by a United States Army Corps
28 of Engineers or Department of Natural Resources
29 concessionaire who was operating on June 1, 1991 for
30 on-premises consumption only is not subject to the provisions
31 of Articles IV and IX. Beer and wine may be sold on the
32 premises of the Joliet Park District Stadium owned by the
33 Joliet Park District when written consent to the issuance of
34 a license to sell beer and wine in such premises is filed
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1 with the local liquor commissioner by the Joliet Park
2 District. Beer and wine may be sold in buildings on the
3 grounds of State veterans' homes when written consent to the
4 issuance of a license to sell beer and wine in such buildings
5 is filed with the Commission by the Department of Veterans'
6 Affairs, and the facility shall provide dram shop liability
7 in maximum insurance coverage limits so as to save the
8 facility harmless from all financial loss, damage or harm.
9 Such liquors may be delivered to and sold at any property
10 owned or held under lease by a Metropolitan Pier and
11 Exposition Authority or Metropolitan Exposition and
12 Auditorium Authority.
13 Beer and wine may be sold and dispensed at professional
14 sporting events and at professional concerts and other
15 entertainment events conducted on premises owned by the
16 Forest Preserve District of Kane County, subject to the
17 control of the District Commissioners and applicable local
18 law, provided that dram shop liability insurance is provided
19 at maximum coverage limits so as to hold the District
20 harmless from all financial loss, damage and harm.
21 Nothing in this Section shall preclude the sale or
22 delivery of beer and wine at a State or county fair or the
23 sale or delivery of beer or wine at a city fair in any
24 otherwise lawful manner.
25 Alcoholic liquors may be sold at retail in buildings in
26 State parks under the control of the Department of Natural
27 Resources, provided:
28 a. the State park has overnight lodging facilities
29 with some restaurant facilities or, not having overnight
30 lodging facilities, has restaurant facilities which serve
31 complete luncheon and dinner or supper meals,
32 b. consent to the issuance of a license to sell
33 alcoholic liquors in the buildings has been filed with
34 the commission by the Department of Natural Resources,
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1 and
2 c. the alcoholic liquors are sold by the State park
3 lodge or restaurant concessionaire only during the hours
4 from 11 o'clock a.m. until 12 o'clock midnight.
5 Notwithstanding any other provision of this Act,
6 alcoholic liquor sold by the State park or restaurant
7 concessionaire is not subject to the provisions of
8 Articles IV and IX.
9 Alcoholic liquors may be sold at retail in buildings on
10 properties under the control of the Historic Preservation
11 Agency provided:
12 a. the property 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 Historic Preservation Agency, and
19 c. the alcoholic liquors are sold by the lodge or
20 restaurant concessionaire only during the hours from 11
21 o'clock a.m. until 12 o'clock midnight.
22 The sale of alcoholic liquors pursuant to this Section
23 does not authorize the establishment and operation of
24 facilities commonly called taverns, saloons, bars, cocktail
25 lounges, and the like except as a part of lodge and
26 restaurant facilities in State parks or golf courses owned by
27 Forest Preserve Districts with a population of less than
28 3,000,000 or municipalities or park districts.
29 Alcoholic liquors may be sold at retail in the
30 Springfield Administration Building of the Department of
31 Transportation and the Illinois State Armory in Springfield;
32 provided, that the controlling government authority may
33 consent to such sales only if
34 a. the request is from a not-for-profit
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1 organization;
2 b. such sales would not impede normal operations of
3 the departments involved;
4 c. the not-for-profit organization provides dram
5 shop liability in maximum insurance coverage limits and
6 agrees to defend, save harmless and indemnify the State
7 of Illinois from all financial loss, damage or harm;
8 d. no such sale shall be made during normal working
9 hours of the State of Illinois; and
10 e. the consent is in writing.
11 Alcoholic liquors may be sold at retail in buildings in
12 recreational areas of river conservancy districts under the
13 control of, or leased from, the river conservancy districts.
14 Such sales are subject to reasonable local regulations as
15 provided in Article IV; however, no such regulations may
16 prohibit or substantially impair the sale of alcoholic
17 liquors on Sundays or Holidays.
18 Alcoholic liquors may be provided in long term care
19 facilities owned or operated by a county under Division 5-21
20 or 5-22 of the Counties Code, when approved by the facility
21 operator and not in conflict with the regulations of the
22 Illinois Department of Public Health, to residents of the
23 facility who have had their consumption of the alcoholic
24 liquors provided approved in writing by a physician licensed
25 to practice medicine in all its branches.
26 Alcoholic liquors may be delivered to and dispensed in
27 State housing assigned to employees of the Department of
28 Corrections. No person shall furnish or allow to be furnished
29 any alcoholic liquors to any prisoner confined in any jail,
30 reformatory, prison or house of correction except upon a
31 physician's prescription for medicinal purposes.
32 Alcoholic liquors may be sold at retail or dispensed at
33 the Willard Ice Building in Springfield, at the State Library
34 in Springfield, and at Illinois State Museum facilities by
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1 (1) an agency of the State, whether legislative, judicial or
2 executive, provided that such agency first obtains written
3 permission to sell or dispense alcoholic liquors from the
4 controlling government authority, or by (2) a not-for-profit
5 organization, provided that such organization:
6 a. Obtains written consent from the controlling
7 government authority;
8 b. Sells or dispenses the alcoholic liquors in a
9 manner that does not impair normal operations of State
10 offices located in the building;
11 c. Sells or dispenses alcoholic liquors only in
12 connection with an official activity in the building;
13 d. Provides, or its catering service provides, dram
14 shop liability insurance in maximum coverage limits and
15 in which the carrier agrees to defend, save harmless and
16 indemnify the State of Illinois from all financial loss,
17 damage or harm arising out of the selling or dispensing
18 of alcoholic liquors.
19 Nothing in this Act shall prevent a not-for-profit
20 organization or agency of the State from employing the
21 services of a catering establishment for the selling or
22 dispensing of alcoholic liquors at authorized functions.
23 The controlling government authority for the Willard Ice
24 Building in Springfield shall be the Director of the
25 Department of Revenue. The controlling government authority
26 for Illinois State Museum facilities shall be the Director of
27 the Illinois State Museum. The controlling government
28 authority for the State Library in Springfield shall be the
29 Secretary of State.
30 Alcoholic liquors may be delivered to and sold at retail
31 or dispensed at any facility, property or building under the
32 jurisdiction of the Historic Preservation Agency where the
33 delivery, sale or dispensing is by (1) an agency of the
34 State, whether legislative, judicial or executive, provided
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1 that such agency first obtains written permission to sell or
2 dispense alcoholic liquors from a controlling government
3 authority, or by (2) a not-for-profit organization provided
4 that such organization:
5 a. Obtains written consent from the controlling
6 government authority;
7 b. Sells or dispenses the alcoholic liquors in a
8 manner that does not impair normal workings of State
9 offices or operations located at the facility, property
10 or building;
11 c. Sells or dispenses alcoholic liquors only in
12 connection with an official activity of the
13 not-for-profit organization in the facility, property or
14 building;
15 d. Provides, or its catering service provides, dram
16 shop liability insurance in maximum coverage limits and
17 in which the carrier agrees to defend, save harmless and
18 indemnify the State of Illinois from all financial loss,
19 damage or harm arising out of the selling or dispensing
20 of alcoholic liquors.
21 The controlling government authority for the Historic
22 Preservation Agency shall be the Director of the Historic
23 Preservation Agency.
24 Alcoholic liquors may be sold at retail or dispensed at
25 the James R. Thompson Center in Chicago and 222 South College
26 Street in Springfield, Illinois by (1) a commercial tenant or
27 subtenant conducting business on the premises under a lease
28 made pursuant to Section 405-315 of the Department of Central
29 Management Services Law (20 ILCS 405/405-315), provided that
30 such tenant or subtenant who sells or dispenses alcoholic
31 liquors shall procure and maintain dram shop liability
32 insurance in maximum coverage limits and in which the carrier
33 agrees to defend, indemnify and save harmless the State of
34 Illinois from all financial loss, damage or harm arising out
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1 of the sale or dispensing of alcoholic liquors, or by (2) an
2 agency of the State, whether legislative, judicial or
3 executive, provided that such agency first obtains written
4 permission to sell or dispense alcoholic liquors from the
5 Director of Central Management Services, or by (3) a
6 not-for-profit organization, provided that such organization:
7 a. Obtains written consent from the Department of
8 Central Management Services;
9 b. Sells or dispenses the alcoholic liquors in a
10 manner that does not impair normal operations of State
11 offices located in the building;
12 c. Sells or dispenses alcoholic liquors only in
13 connection with an official activity in the building;
14 d. Provides, or its catering service provides, dram
15 shop liability insurance in maximum coverage limits and
16 in which the carrier agrees to defend, save harmless and
17 indemnify the State of Illinois from all financial loss,
18 damage or harm arising out of the selling or dispensing
19 of alcoholic liquors.
20 Nothing in this Act shall prevent a not-for-profit
21 organization or agency of the State from employing the
22 services of a catering establishment for the selling or
23 dispensing of alcoholic liquors at functions authorized by
24 the Director of Central Management Services.
25 Alcoholic liquors may be sold or delivered at any
26 facility owned by the Illinois Sports Facilities Authority
27 provided that dram shop liability insurance has been made
28 available in a form, with such coverage and in such amounts
29 as the Authority reasonably determines is necessary.
30 Alcoholic liquors may be sold at retail or dispensed at
31 the Rockford State Office Building by (1) an agency of the
32 State, whether legislative, judicial or executive, provided
33 that such agency first obtains written permission to sell or
34 dispense alcoholic liquors from the Department of Central
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1 Management Services, or by (2) a not-for-profit organization,
2 provided that such organization:
3 a. Obtains written consent from the Department of
4 Central Management Services;
5 b. Sells or dispenses the alcoholic liquors in a
6 manner that does not impair normal operations of State
7 offices 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
12 in 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
15 of alcoholic liquors.
16 Nothing in this Act shall prevent a not-for-profit
17 organization or agency of the State from employing the
18 services of a catering establishment for the selling or
19 dispensing of alcoholic liquors at functions authorized by
20 the Department of Central Management Services.
21 Alcoholic liquors may be sold or delivered in a building
22 that is owned by McLean County, situated on land owned by the
23 county in the City of Bloomington, and used by the McLean
24 County Historical Society if the sale or delivery is approved
25 by an ordinance adopted by the county board, and the
26 municipality in which the building is located may not
27 prohibit that sale or delivery, notwithstanding any other
28 provision of this Section. The regulation of the sale and
29 delivery of alcoholic liquor in a building that is owned by
30 McLean County, situated on land owned by the county, and used
31 by the McLean County Historical Society as provided in this
32 paragraph is an exclusive power and function of the State and
33 is a denial and limitation under Article VII, Section 6,
34 subsection (h) of the Illinois Constitution of the power of a
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1 home rule municipality to regulate that sale and delivery.
2 Alcoholic liquors may be sold or delivered in any
3 building situated on land held in trust for any school
4 district organized under Article 34 of the School Code, if
5 the building is not used for school purposes and if the sale
6 or delivery is approved by the board of education.
7 Alcoholic liquors may be sold or delivered in buildings
8 owned by the Community Building Complex Committee of Boone
9 County, Illinois if the person or facility selling or
10 dispensing the alcoholic liquor has provided dram shop
11 liability insurance with coverage and in amounts that the
12 Committee reasonably determines are necessary.
13 Alcoholic liquors may be sold or delivered in the
14 building located at 1200 Centerville Avenue in Belleville,
15 Illinois and occupied by either the Belleville Area Special
16 Education District or the Belleville Area Special Services
17 Cooperative.
18 (Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00.)