[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] | [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
91_SB1550eng SB1550 Engrossed 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 organized under the Downstate Forest 30 Preserve District Act during times when food is dispensed for 31 consumption within 500 feet of the building from which the SB1550 Engrossed -2- LRB9111444LDpk 1 food is dispensed, subject to the approval of the governing 2 board of the district, or in a building owned by a Local Mass 3 Transit District organized under the Local Mass Transit 4 District Act, subject to the approval of the governing Board 5 of the District, or in Bicentennial Park, or on the premises 6 of the City of Mendota Lake Park located adjacent to Route 51 7 in Mendota, Illinois, or on the premises of Camden Park in 8 Milan, Illinois, or in the community center owned by the City 9 of Loves Park that is located at 1000 River Park Drive in 10 Loves Park, Illinois, or, in connection with the operation of 11 an established food serving facility during times when food 12 is dispensed for consumption on the premises, and at the 13 following aquarium and museums located in public parks: Art 14 Institute of Chicago, Chicago Academy of Sciences, Chicago 15 Historical Society, Field Museum of Natural History, Museum 16 of Science and Industry, DuSable Museum of African American 17 History, John G. Shedd Aquarium and Adler Planetarium, or at 18 Lakeview Museum of Arts and Sciences in Peoria, or in 19 connection with the operation of the facilities of the 20 Chicago Zoological Society or the Chicago Horticultural 21 Society on land owned by the Forest Preserve District of Cook 22 County, or in any building located on land owned by the 23 Chicago Park District if approved by the Park District 24 Commissioners, or on any land used for a golf course or for 25 recreational purposes and owned by the Illinois International 26 Port District if approved by the District's governing board, 27 or at any airport, golf course, faculty center, or facility 28 in which conference and convention type activities take place 29 belonging to or under control of any State university or 30 public community college district, provided that with respect 31 to a facility for conference and convention type activities 32 alcoholic liquors shall be limited to the use of the 33 convention or conference participants or participants in 34 cultural, political or educational activities held in such SB1550 Engrossed -3- LRB9111444LDpk 1 facilities, and provided further that the faculty or staff of 2 the State university or a public community college district, 3 or members of an organization of students, alumni, faculty or 4 staff of the State university or a public community college 5 district are active participants in the conference or 6 convention, or by a catering establishment which has rented 7 facilities from a board of trustees of a public community 8 college district, or, if approved by the District board, on 9 land owned by the Metropolitan Sanitary District of Greater 10 Chicago and leased to others for a term of at least 20 years. 11 Nothing in this Section precludes the sale or delivery of 12 alcoholic liquor in the form of original packaged goods in 13 premises located at 500 S. Racine in Chicago belonging to the 14 University of Illinois and used primarily as a grocery store 15 by a commercial tenant during the term of a lease that 16 predates the University's acquisition of the premises; but 17 the University shall have no power or authority to renew, 18 transfer, or extend the lease with terms allowing the sale of 19 alcoholic liquor; and the sale of alcoholic liquor shall be 20 subject to all local laws and regulations. After the 21 acquisition by Winnebago County of the property located at 22 404 Elm Street in Rockford, a commercial tenant who sold 23 alcoholic liquor at retail on a portion of the property under 24 a valid license at the time of the acquisition may continue 25 to do so for so long as the tenant and the County may agree 26 under existing or future leases, subject to all local laws 27 and regulations regarding the sale of alcoholic liquor. Each 28 facility shall provide dram shop liability in maximum 29 insurance coverage limits so as to save harmless the State, 30 municipality, State university, airport, golf course, faculty 31 center, facility in which conference and convention type 32 activities take place, park district, Forest Preserve 33 District, public community college district, aquarium, 34 museum, or sanitary district from all financial loss, damage SB1550 Engrossed -4- LRB9111444LDpk 1 or harm. Alcoholic liquors may be sold at retail in buildings 2 of golf courses owned by municipalities in connection with 3 the operation of an established food serving facility during 4 times when food is dispensed for consumption upon the 5 premises. Alcoholic liquors may be delivered to and sold at 6 retail in any building owned by a fire protection district 7 organized under the Fire Protection District Act, provided 8 that such delivery and sale is approved by the board of 9 trustees of the district, and provided further that such 10 delivery and sale is limited to fundraising events and to a 11 maximum of 6 events per year. 12 Alcoholic liquor may be delivered to and sold at retail 13 in the Dorchester Senior Business Center owned by the Village 14 of Dolton if the alcoholic liquor is sold or dispensed only 15 in connection with organized functions for which the planned 16 attendance is 20 or more persons, and if the person or 17 facility selling or dispensing the alcoholic liquor has 18 provided dram shop liability insurance in maximum limits so 19 as to hold harmless the Village of Dolton and the State from 20 all financial loss, damage and harm. 21 Alcoholic liquors may be delivered to and sold at retail 22 in any building used as an Illinois State Armory provided: 23 (i) the Adjutant General's written consent to the 24 issuance of a license to sell alcoholic liquor in such 25 building is filed with the Commission; 26 (ii) the alcoholic liquor is sold or dispensed only 27 in connection with organized functions held on special 28 occasions; 29 (iii) the organized function is one for which the 30 planned attendance is 25 or more persons; and 31 (iv) the facility selling or dispensing the 32 alcoholic liquors has provided dram shop liability 33 insurance in maximum limits so as to save harmless the 34 facility and the State from all financial loss, damage or SB1550 Engrossed -5- LRB9111444LDpk 1 harm. 2 Alcoholic liquors may be delivered to and sold at retail 3 in the Chicago Civic Center, provided that: 4 (i) the written consent of the Public Building 5 Commission which administers the Chicago Civic Center is 6 filed with the Commission; 7 (ii) the alcoholic liquor is sold or dispensed only 8 in connection with organized functions held on special 9 occasions; 10 (iii) the organized function is one for which the 11 planned attendance is 25 or more persons; 12 (iv) the facility selling or dispensing the 13 alcoholic liquors has provided dram shop liability 14 insurance in maximum limits so as to hold harmless the 15 Civic Center, the City of Chicago and the State from all 16 financial loss, damage or harm; and 17 (v) all applicable local ordinances are complied 18 with. 19 Alcoholic liquors may be delivered or sold in any 20 building belonging to or under the control of any city, 21 village or incorporated town where more than 75% of the 22 physical properties of the building is used for commercial or 23 recreational purposes, and the building is located upon a 24 pier extending into or over the waters of a navigable lake or 25 stream or on the shore of a navigable lake or stream. 26 Alcoholic liquor may be sold in buildings under the control 27 of the Department of Natural Resources when written consent 28 to the issuance of a license to sell alcoholic liquor in such 29 buildings is filed with the Commission by the Department of 30 Natural Resources. Notwithstanding any other provision of 31 this Act, alcoholic liquor sold by a United States Army Corps 32 of Engineers or Department of Natural Resources 33 concessionaire who was operating on June 1, 1991 for 34 on-premises consumption only is not subject to the provisions SB1550 Engrossed -6- LRB9111444LDpk 1 of Articles IV and IX. Beer and wine may be sold on the 2 premises of the Joliet Park District Stadium owned by the 3 Joliet Park District when written consent to the issuance of 4 a license to sell beer and wine in such premises is filed 5 with the local liquor commissioner by the Joliet Park 6 District. Beer and wine may be sold in buildings on the 7 grounds of State veterans' homes when written consent to the 8 issuance of a license to sell beer and wine in such buildings 9 is filed with the Commission by the Department of Veterans' 10 Affairs, and the facility shall provide dram shop liability 11 in maximum insurance coverage limits so as to save the 12 facility harmless from all financial loss, damage or harm. 13 Such liquors may be delivered to and sold at any property 14 owned or held under lease by a Metropolitan Pier and 15 Exposition Authority or Metropolitan Exposition and 16 Auditorium Authority. 17 Beer and wine may be sold and dispensed at professional 18 sporting events and at professional concerts and other 19 entertainment events conducted on premises owned by the 20 Forest Preserve District of Kane County, subject to the 21 control of the District Commissioners and applicable local 22 law, provided that dram shop liability insurance is provided 23 at maximum coverage limits so as to hold the District 24 harmless from all financial loss, damage and harm. 25 Nothing in this Section shall preclude the sale or 26 delivery of beer and wine at a State or county fair or the 27 sale or delivery of beer or wine at a city fair in any 28 otherwise lawful manner. 29 Alcoholic liquors may be sold at retail in buildings in 30 State parks under the control of the Department of Natural 31 Resources, provided: 32 a. the State park has overnight lodging facilities 33 with some restaurant facilities or, not having overnight 34 lodging facilities, has restaurant facilities which serve SB1550 Engrossed -7- LRB9111444LDpk 1 complete luncheon and dinner or supper meals, 2 b. consent to the issuance of a license to sell 3 alcoholic liquors in the buildings has been filed with 4 the commission by the Department of Natural Resources, 5 and 6 c. the alcoholic liquors are sold by the State park 7 lodge or restaurant concessionaire only during the hours 8 from 11 o'clock a.m. until 12 o'clock midnight. 9 Notwithstanding any other provision of this Act, 10 alcoholic liquor sold by the State park or restaurant 11 concessionaire is not subject to the provisions of 12 Articles IV and IX. 13 Alcoholic liquors may be sold at retail in buildings on 14 properties under the control of the Historic Preservation 15 Agency provided: 16 a. the property has overnight lodging facilities 17 with some restaurant facilities or, not having overnight 18 lodging facilities, has restaurant facilities which serve 19 complete luncheon and dinner or supper meals, 20 b. consent to the issuance of a license to sell 21 alcoholic liquors in the buildings has been filed with 22 the commission by the Historic Preservation Agency, and 23 c. the alcoholic liquors are sold by the lodge or 24 restaurant concessionaire only during the hours from 11 25 o'clock a.m. until 12 o'clock midnight. 26 The sale of alcoholic liquors pursuant to this Section 27 does not authorize the establishment and operation of 28 facilities commonly called taverns, saloons, bars, cocktail 29 lounges, and the like except as a part of lodge and 30 restaurant facilities in State parks or golf courses owned by 31 Forest Preserve Districts with a population of less than 32 3,000,000 or municipalities or park districts. 33 Alcoholic liquors may be sold at retail in the 34 Springfield Administration Building of the Department of SB1550 Engrossed -8- LRB9111444LDpk 1 Transportation and the Illinois State Armory in Springfield; 2 provided, that the controlling government authority may 3 consent to such sales only if 4 a. the request is from a not-for-profit 5 organization; 6 b. such sales would not impede normal operations of 7 the departments involved; 8 c. the not-for-profit organization provides dram 9 shop liability in maximum insurance coverage limits and 10 agrees to defend, save harmless and indemnify the State 11 of Illinois from all financial loss, damage or harm; 12 d. no such sale shall be made during normal working 13 hours of the State of Illinois; and 14 e. the consent is in writing. 15 Alcoholic liquors may be sold at retail in buildings in 16 recreational areas of river conservancy districts under the 17 control of, or leased from, the river conservancy districts. 18 Such sales are subject to reasonable local regulations as 19 provided in Article IV; however, no such regulations may 20 prohibit or substantially impair the sale of alcoholic 21 liquors on Sundays or Holidays. 22 Alcoholic liquors may be provided in long term care 23 facilities owned or operated by a county under Division 5-21 24 or 5-22 of the Counties Code, when approved by the facility 25 operator and not in conflict with the regulations of the 26 Illinois Department of Public Health, to residents of the 27 facility who have had their consumption of the alcoholic 28 liquors provided approved in writing by a physician licensed 29 to practice medicine in all its branches. 30 Alcoholic liquors may be delivered to and dispensed in 31 State housing assigned to employees of the Department of 32 Corrections. No person shall furnish or allow to be furnished 33 any alcoholic liquors to any prisoner confined in any jail, 34 reformatory, prison or house of correction except upon a SB1550 Engrossed -9- LRB9111444LDpk 1 physician's prescription for medicinal purposes. 2 Alcoholic liquors may be sold at retail or dispensed at 3 the Willard Ice Building in Springfield, at the State Library 4 in Springfield, and at Illinois State Museum facilities by 5 (1) an agency of the State, whether legislative, judicial or 6 executive, provided that such agency first obtains written 7 permission to sell or dispense alcoholic liquors from the 8 controlling government authority, or by (2) a not-for-profit 9 organization, provided that such organization: 10 a. Obtains written consent from the controlling 11 government authority; 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 authorized functions. 27 The controlling government authority for the Willard Ice 28 Building in Springfield shall be the Director of the 29 Department of Revenue. The controlling government authority 30 for Illinois State Museum facilities shall be the Director of 31 the Illinois State Museum. The controlling government 32 authority for the State Library in Springfield shall be the 33 Secretary of State. 34 Alcoholic liquors may be delivered to and sold at retail SB1550 Engrossed -10- LRB9111444LDpk 1 or dispensed at any facility, property or building under the 2 jurisdiction of the Historic Preservation Agency where the 3 delivery, sale or dispensing is by (1) an agency of the 4 State, whether legislative, judicial or executive, provided 5 that such agency first obtains written permission to sell or 6 dispense alcoholic liquors from a controlling government 7 authority, or by (2) a not-for-profit organization provided 8 that such organization: 9 a. Obtains written consent from the controlling 10 government authority; 11 b. Sells or dispenses the alcoholic liquors in a 12 manner that does not impair normal workings of State 13 offices or operations located at the facility, property 14 or building; 15 c. Sells or dispenses alcoholic liquors only in 16 connection with an official activity of the 17 not-for-profit organization in the facility, property or 18 building; 19 d. Provides, or its catering service provides, dram 20 shop liability insurance in maximum coverage limits and 21 in which the carrier agrees to defend, save harmless and 22 indemnify the State of Illinois from all financial loss, 23 damage or harm arising out of the selling or dispensing 24 of alcoholic liquors. 25 The controlling government authority for the Historic 26 Preservation Agency shall be the Director of the Historic 27 Preservation Agency. 28 Alcoholic liquors may be sold at retail or dispensed at 29 the James R. Thompson Center in Chicago and 222 South College 30 Street in Springfield, Illinois by (1) a commercial tenant or 31 subtenant conducting business on the premises under a lease 32 made pursuant to Section 405-315 of the Department of Central 33 Management Services Law (20 ILCS 405/405-315), provided that 34 such tenant or subtenant who sells or dispenses alcoholic SB1550 Engrossed -11- LRB9111444LDpk 1 liquors shall procure and maintain dram shop liability 2 insurance in maximum coverage limits and in which the carrier 3 agrees to defend, indemnify and save harmless the State of 4 Illinois from all financial loss, damage or harm arising out 5 of the sale or dispensing of alcoholic liquors, or by (2) an 6 agency of the State, whether legislative, judicial or 7 executive, provided that such agency first obtains written 8 permission to sell or dispense alcoholic liquors from the 9 Director of Central Management Services, or by (3) a 10 not-for-profit organization, provided that such organization: 11 a. Obtains written consent from the Department of 12 Central Management Services; 13 b. Sells or dispenses the alcoholic liquors in a 14 manner that does not impair normal operations of State 15 offices located in the building; 16 c. Sells or dispenses alcoholic liquors only in 17 connection with an official activity in the building; 18 d. Provides, or its catering service provides, dram 19 shop liability insurance in maximum coverage limits and 20 in which the carrier agrees to defend, save harmless and 21 indemnify the State of Illinois from all financial loss, 22 damage or harm arising out of the selling or dispensing 23 of alcoholic liquors. 24 Nothing in this Act shall prevent a not-for-profit 25 organization or agency of the State from employing the 26 services of a catering establishment for the selling or 27 dispensing of alcoholic liquors at functions authorized by 28 the Director of Central Management Services. 29 Alcoholic liquors may be sold or delivered at any 30 facility owned by the Illinois Sports Facilities Authority 31 provided that dram shop liability insurance has been made 32 available in a form, with such coverage and in such amounts 33 as the Authority reasonably determines is necessary. 34 Alcoholic liquors may be sold at retail or dispensed at SB1550 Engrossed -12- LRB9111444LDpk 1 the Rockford State Office Building by (1) an agency of the 2 State, whether legislative, judicial or executive, provided 3 that such agency first obtains written permission to sell or 4 dispense alcoholic liquors from the Department of Central 5 Management Services, or by (2) a not-for-profit organization, 6 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 Department of Central Management Services. 25 Alcoholic liquors may be sold or delivered in a building 26 that is owned by McLean County, situated on land owned by the 27 county in the City of Bloomington, and used by the McLean 28 County Historical Society if the sale or delivery is approved 29 by an ordinance adopted by the county board, and the 30 municipality in which the building is located may not 31 prohibit that sale or delivery, notwithstanding any other 32 provision of this Section. The regulation of the sale and 33 delivery of alcoholic liquor in a building that is owned by 34 McLean County, situated on land owned by the county, and used SB1550 Engrossed -13- LRB9111444LDpk 1 by the McLean County Historical Society as provided in this 2 paragraph is an exclusive power and function of the State and 3 is a denial and limitation under Article VII, Section 6, 4 subsection (h) of the Illinois Constitution of the power of a 5 home rule municipality to regulate that sale and delivery. 6 Alcoholic liquors may be sold or delivered in any 7 building situated on land held in trust for any school 8 district organized under Article 34 of the School Code, if 9 the building is not used for school purposes and if the sale 10 or delivery is approved by the board of education. 11 Alcoholic liquors may be sold or delivered in buildings 12 owned by the Community Building Complex Committee of Boone 13 County, Illinois if the person or facility selling or 14 dispensing the alcoholic liquor has provided dram shop 15 liability insurance with coverage and in amounts that the 16 Committee reasonably determines are necessary. 17 Alcoholic liquors may be sold or delivered in the 18 building located at 1200 Centerville Avenue in Belleville, 19 Illinois and occupied by either the Belleville Area Special 20 Education District or the Belleville Area Special Services 21 Cooperative. 22 (Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00.)