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92_HB2412eng HB2412 Engrossed 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 HB2412 Engrossed -2- LRB9204208LDcs 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 on any land used for a golf course or for 22 recreational purposes owned by the Forest Preserve District 23 of Cook County, subject to the control of the Forest Preserve 24 District Board of Commissioners and applicable local law, 25 provided that dram shop liability insurance is provided at 26 maximum coverage limits so as to hold the District harmless 27 from all financial loss, damage, and harm, or in any building 28 located on land owned by the Chicago Park District if 29 approved by the Park District Commissioners, or on any land 30 used for a golf course or for recreational purposes and owned 31 by the Illinois International Port District if approved by 32 the District's governing board, or at any airport, golf 33 course, faculty center, or facility in which conference and 34 convention type activities take place belonging to or under HB2412 Engrossed -3- LRB9204208LDcs 1 control of any State university or public community college 2 district, provided that with respect to a facility for 3 conference and convention type activities alcoholic liquors 4 shall be limited to the use of the convention or conference 5 participants or participants in cultural, political or 6 educational activities held in such facilities, and provided 7 further that the faculty or staff of the State university or 8 a public community college district, or members of an 9 organization of students, alumni, faculty or staff of the 10 State university or a public community college district are 11 active participants in the conference or convention, or in 12 Memorial Stadium on the campus of the University of Illinois 13 at Urbana-Champaign during games in which the Chicago Bears 14 professional football team is playing in that stadium during 15 the renovation of Soldier Field, or by a catering 16 establishment which has rented facilities from a board of 17 trustees of a public community college district, or, if 18 approved by the District board, on land owned by the 19 Metropolitan Sanitary District of Greater Chicago and leased 20 to others for a term of at least 20 years. Nothing in this 21 Section precludes the sale or delivery of alcoholic liquor in 22 the form of original packaged goods in premises located at 23 500 S. Racine in Chicago belonging to the University of 24 Illinois and used primarily as a grocery store by a 25 commercial tenant during the term of a lease that predates 26 the University's acquisition of the premises; but the 27 University shall have no power or authority to renew, 28 transfer, or extend the lease with terms allowing the sale of 29 alcoholic liquor; and the sale of alcoholic liquor shall be 30 subject to all local laws and regulations. After the 31 acquisition by Winnebago County of the property located at 32 404 Elm Street in Rockford, a commercial tenant who sold 33 alcoholic liquor at retail on a portion of the property under 34 a valid license at the time of the acquisition may continue HB2412 Engrossed -4- LRB9204208LDcs 1 to do so for so long as the tenant and the County may agree 2 under existing or future leases, subject to all local laws 3 and regulations regarding the sale of alcoholic liquor. Each 4 facility shall provide dram shop liability in maximum 5 insurance coverage limits so as to save harmless the State, 6 municipality, State university, airport, golf course, faculty 7 center, facility in which conference and convention type 8 activities take place, park district, Forest Preserve 9 District, public community college district, aquarium, 10 museum, or sanitary district from all financial loss, damage 11 or harm. Alcoholic liquors may be sold at retail in buildings 12 of golf courses owned by municipalities in connection with 13 the operation of an established food serving facility during 14 times when food is dispensed for consumption upon the 15 premises. Alcoholic liquors may be delivered to and sold at 16 retail in any building owned by a fire protection district 17 organized under the Fire Protection District Act, provided 18 that such delivery and sale is approved by the board of 19 trustees of the district, and provided further that such 20 delivery and sale is limited to fundraising events and to a 21 maximum of 6 events per year. 22 Alcoholic liquor may be delivered to and sold at retail 23 in the Dorchester Senior Business Center owned by the Village 24 of Dolton if the alcoholic liquor is sold or dispensed only 25 in connection with organized functions for which the planned 26 attendance is 20 or more persons, and if the person or 27 facility selling or dispensing the alcoholic liquor has 28 provided dram shop liability insurance in maximum limits so 29 as to hold harmless the Village of Dolton and the State from 30 all financial loss, damage and harm. 31 Alcoholic liquors may be delivered to and sold at retail 32 in any building used as an Illinois State Armory provided: 33 (i) the Adjutant General's written consent to the 34 issuance of a license to sell alcoholic liquor in such HB2412 Engrossed -5- LRB9204208LDcs 1 building is filed with the Commission; 2 (ii) the alcoholic liquor is sold or dispensed only 3 in connection with organized functions held on special 4 occasions; 5 (iii) the organized function is one for which the 6 planned attendance is 25 or more persons; and 7 (iv) the facility selling or dispensing the 8 alcoholic liquors has provided dram shop liability 9 insurance in maximum limits so as to save harmless the 10 facility and the State from all financial loss, damage or 11 harm. 12 Alcoholic liquors may be delivered to and sold at retail 13 in the Chicago Civic Center, provided that: 14 (i) the written consent of the Public Building 15 Commission which administers the Chicago Civic Center is 16 filed with the Commission; 17 (ii) the alcoholic liquor is sold or dispensed only 18 in connection with organized functions held on special 19 occasions; 20 (iii) the organized function is one for which the 21 planned attendance is 25 or more persons; 22 (iv) the facility selling or dispensing the 23 alcoholic liquors has provided dram shop liability 24 insurance in maximum limits so as to hold harmless the 25 Civic Center, the City of Chicago and the State from all 26 financial loss, damage or harm; and 27 (v) all applicable local ordinances are complied 28 with. 29 Alcoholic liquors may be delivered or sold in any 30 building belonging to or under the control of any city, 31 village or incorporated town where more than 75% of the 32 physical properties of the building is used for commercial or 33 recreational purposes, and the building is located upon a 34 pier extending into or over the waters of a navigable lake or HB2412 Engrossed -6- LRB9204208LDcs 1 stream or on the shore of a navigable lake or stream. 2 Alcoholic liquor may be sold in buildings under the control 3 of the Department of Natural Resources when written consent 4 to the issuance of a license to sell alcoholic liquor in such 5 buildings is filed with the Commission by the Department of 6 Natural Resources. Notwithstanding any other provision of 7 this Act, alcoholic liquor sold by a United States Army Corps 8 of Engineers or Department of Natural Resources 9 concessionaire who was operating on June 1, 1991 for 10 on-premises consumption only is not subject to the provisions 11 of Articles IV and IX. Beer and wine may be sold on the 12 premises of the Joliet Park District Stadium owned by the 13 Joliet Park District when written consent to the issuance of 14 a license to sell beer and wine in such premises is filed 15 with the local liquor commissioner by the Joliet Park 16 District. Beer and wine may be sold in buildings on the 17 grounds of State veterans' homes when written consent to the 18 issuance of a license to sell beer and wine in such buildings 19 is filed with the Commission by the Department of Veterans' 20 Affairs, and the facility shall provide dram shop liability 21 in maximum insurance coverage limits so as to save the 22 facility harmless from all financial loss, damage or harm. 23 Such liquors may be delivered to and sold at any property 24 owned or held under lease by a Metropolitan Pier and 25 Exposition Authority or Metropolitan Exposition and 26 Auditorium Authority. 27 Beer and wine may be sold and dispensed at professional 28 sporting events and at professional concerts and other 29 entertainment events conducted on premises owned by the 30 Forest Preserve District of Kane County, subject to the 31 control of the District Commissioners and applicable local 32 law, provided that dram shop liability insurance is provided 33 at maximum coverage limits so as to hold the District 34 harmless from all financial loss, damage and harm. HB2412 Engrossed -7- LRB9204208LDcs 1 Nothing in this Section shall preclude the sale or 2 delivery of beer and wine at a State or county fair or the 3 sale or delivery of beer or wine at a city fair in any 4 otherwise lawful manner. 5 Alcoholic liquors may be sold at retail in buildings in 6 State parks under the control of the Department of Natural 7 Resources, provided: 8 a. the State park has overnight lodging facilities 9 with some restaurant facilities or, not having overnight 10 lodging facilities, has restaurant facilities which serve 11 complete luncheon and dinner or supper meals, 12 b. consent to the issuance of a license to sell 13 alcoholic liquors in the buildings has been filed with 14 the commission by the Department of Natural Resources, 15 and 16 c. the alcoholic liquors are sold by the State park 17 lodge or restaurant concessionaire only during the hours 18 from 11 o'clock a.m. until 12 o'clock midnight. 19 Notwithstanding any other provision of this Act, 20 alcoholic liquor sold by the State park or restaurant 21 concessionaire is not subject to the provisions of 22 Articles IV and IX. 23 Alcoholic liquors may be sold at retail in buildings on 24 properties under the control of the Historic Preservation 25 Agency provided: 26 a. the property has overnight lodging facilities 27 with some restaurant facilities or, not having overnight 28 lodging facilities, has restaurant facilities which serve 29 complete luncheon and dinner or supper meals, 30 b. consent to the issuance of a license to sell 31 alcoholic liquors in the buildings has been filed with 32 the commission by the Historic Preservation Agency, and 33 c. the alcoholic liquors are sold by the lodge or 34 restaurant concessionaire only during the hours from 11 HB2412 Engrossed -8- LRB9204208LDcs 1 o'clock a.m. until 12 o'clock midnight. 2 The sale of alcoholic liquors pursuant to this Section 3 does not authorize the establishment and operation of 4 facilities commonly called taverns, saloons, bars, cocktail 5 lounges, and the like except as a part of lodge and 6 restaurant facilities in State parks or golf courses owned by 7 Forest Preserve Districts with a population of less than 8 3,000,000 or municipalities or park districts. 9 Alcoholic liquors may be sold at retail in the 10 Springfield Administration Building of the Department of 11 Transportation and the Illinois State Armory in Springfield; 12 provided, that the controlling government authority may 13 consent to such sales only if 14 a. the request is from a not-for-profit 15 organization; 16 b. such sales would not impede normal operations of 17 the departments involved; 18 c. the not-for-profit organization provides dram 19 shop liability in maximum insurance coverage limits and 20 agrees to defend, save harmless and indemnify the State 21 of Illinois from all financial loss, damage or harm; 22 d. no such sale shall be made during normal working 23 hours of the State of Illinois; and 24 e. the consent is in writing. 25 Alcoholic liquors may be sold at retail in buildings in 26 recreational areas of river conservancy districts under the 27 control of, or leased from, the river conservancy districts. 28 Such sales are subject to reasonable local regulations as 29 provided in Article IV; however, no such regulations may 30 prohibit or substantially impair the sale of alcoholic 31 liquors on Sundays or Holidays. 32 Alcoholic liquors may be provided in long term care 33 facilities owned or operated by a county under Division 5-21 34 or 5-22 of the Counties Code, when approved by the facility HB2412 Engrossed -9- LRB9204208LDcs 1 operator and not in conflict with the regulations of the 2 Illinois Department of Public Health, to residents of the 3 facility who have had their consumption of the alcoholic 4 liquors provided approved in writing by a physician licensed 5 to practice medicine in all its branches. 6 Alcoholic liquors may be delivered to and dispensed in 7 State housing assigned to employees of the Department of 8 Corrections. No person shall furnish or allow to be furnished 9 any alcoholic liquors to any prisoner confined in any jail, 10 reformatory, prison or house of correction except upon a 11 physician's prescription for medicinal purposes. 12 Alcoholic liquors may be sold at retail or dispensed at 13 the Willard Ice Building in Springfield, at the State Library 14 in Springfield, and at Illinois State Museum facilities by 15 (1) an agency of the State, whether legislative, judicial or 16 executive, provided that such agency first obtains written 17 permission to sell or dispense alcoholic liquors from the 18 controlling government authority, or by (2) a not-for-profit 19 organization, provided that such organization: 20 a. Obtains written consent from the controlling 21 government authority; 22 b. Sells or dispenses the alcoholic liquors in a 23 manner that does not impair normal operations of State 24 offices located in the building; 25 c. Sells or dispenses alcoholic liquors only in 26 connection with an official activity in the building; 27 d. Provides, or its catering service provides, dram 28 shop liability insurance in maximum coverage limits and 29 in which the carrier agrees to defend, save harmless and 30 indemnify the State of Illinois from all financial loss, 31 damage or harm arising out of the selling or dispensing 32 of alcoholic liquors. 33 Nothing in this Act shall prevent a not-for-profit 34 organization or agency of the State from employing the HB2412 Engrossed -10- LRB9204208LDcs 1 services of a catering establishment for the selling or 2 dispensing of alcoholic liquors at authorized functions. 3 The controlling government authority for the Willard Ice 4 Building in Springfield shall be the Director of the 5 Department of Revenue. The controlling government authority 6 for Illinois State Museum facilities shall be the Director of 7 the Illinois State Museum. The controlling government 8 authority for the State Library in Springfield shall be the 9 Secretary of State. 10 Alcoholic liquors may be delivered to and sold at retail 11 or dispensed at any facility, property or building under the 12 jurisdiction of the Historic Preservation Agency where the 13 delivery, sale or dispensing is by (1) an agency of the 14 State, whether legislative, judicial or executive, provided 15 that such agency first obtains written permission to sell or 16 dispense alcoholic liquors from a controlling government 17 authority, or by (2) a not-for-profit organization provided 18 that such organization: 19 a. Obtains written consent from the controlling 20 government authority; 21 b. Sells or dispenses the alcoholic liquors in a 22 manner that does not impair normal workings of State 23 offices or operations located at the facility, property 24 or building; 25 c. Sells or dispenses alcoholic liquors only in 26 connection with an official activity of the 27 not-for-profit organization in the facility, property or 28 building; 29 d. Provides, or its catering service provides, dram 30 shop liability insurance in maximum coverage limits and 31 in which the carrier agrees to defend, save harmless and 32 indemnify the State of Illinois from all financial loss, 33 damage or harm arising out of the selling or dispensing 34 of alcoholic liquors. HB2412 Engrossed -11- LRB9204208LDcs 1 The controlling government authority for the Historic 2 Preservation Agency shall be the Director of the Historic 3 Preservation Agency. 4 Alcoholic liquors may be sold at retail or dispensed at 5 the James R. Thompson Center in Chicago and 222 South College 6 Street in Springfield, Illinois by (1) a commercial tenant or 7 subtenant conducting business on the premises under a lease 8 made pursuant to Section 405-315 of the Department of Central 9 Management Services Law (20 ILCS 405/405-315), provided that 10 such tenant or subtenant who sells or dispenses alcoholic 11 liquors shall procure and maintain dram shop liability 12 insurance in maximum coverage limits and in which the carrier 13 agrees to defend, indemnify and save harmless the State of 14 Illinois from all financial loss, damage or harm arising out 15 of the sale or dispensing of alcoholic liquors, or by (2) an 16 agency of the State, whether legislative, judicial or 17 executive, provided that such agency first obtains written 18 permission to sell or dispense alcoholic liquors from the 19 Director of Central Management Services, or by (3) a 20 not-for-profit organization, 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 HB2412 Engrossed -12- LRB9204208LDcs 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 Director of Central Management Services. 5 Alcoholic liquors may be sold or delivered at any 6 facility owned by the Illinois Sports Facilities Authority 7 provided that dram shop liability insurance has been made 8 available in a form, with such coverage and in such amounts 9 as the Authority reasonably determines is necessary. 10 Alcoholic liquors may be sold at retail or dispensed at 11 the Rockford State Office Building by (1) an agency of the 12 State, whether legislative, judicial or executive, provided 13 that such agency first obtains written permission to sell or 14 dispense alcoholic liquors from the Department of Central 15 Management Services, or by (2) a not-for-profit organization, 16 provided that such organization: 17 a. Obtains written consent from the Department of 18 Central Management Services; 19 b. Sells or dispenses the alcoholic liquors in a 20 manner that does not impair normal operations of State 21 offices located in the building; 22 c. Sells or dispenses alcoholic liquors only in 23 connection with an official activity in the building; 24 d. Provides, or its catering service provides, dram 25 shop liability insurance in maximum coverage limits and 26 in which the carrier agrees to defend, save harmless and 27 indemnify the State of Illinois from all financial loss, 28 damage or harm arising out of the selling or dispensing 29 of alcoholic liquors. 30 Nothing in this Act shall prevent a not-for-profit 31 organization or agency of the State from employing the 32 services of a catering establishment for the selling or 33 dispensing of alcoholic liquors at functions authorized by 34 the Department of Central Management Services. HB2412 Engrossed -13- LRB9204208LDcs 1 Alcoholic liquors may be sold or delivered in a building 2 that is owned by McLean County, situated on land owned by the 3 county in the City of Bloomington, and used by the McLean 4 County Historical Society if the sale or delivery is approved 5 by an ordinance adopted by the county board, and the 6 municipality in which the building is located may not 7 prohibit that sale or delivery, notwithstanding any other 8 provision of this Section. The regulation of the sale and 9 delivery of alcoholic liquor in a building that is owned by 10 McLean County, situated on land owned by the county, and used 11 by the McLean County Historical Society as provided in this 12 paragraph is an exclusive power and function of the State and 13 is a denial and limitation under Article VII, Section 6, 14 subsection (h) of the Illinois Constitution of the power of a 15 home rule municipality to regulate that sale and delivery. 16 Alcoholic liquors may be sold or delivered in any 17 building situated on land held in trust for any school 18 district organized under Article 34 of the School Code, if 19 the building is not used for school purposes and if the sale 20 or delivery is approved by the board of education. 21 Alcoholic liquors may be sold or delivered in buildings 22 owned by the Community Building Complex Committee of Boone 23 County, Illinois if the person or facility selling or 24 dispensing the alcoholic liquor has provided dram shop 25 liability insurance with coverage and in amounts that the 26 Committee reasonably determines are necessary. 27 Alcoholic liquors may be sold or delivered in the 28 building located at 1200 Centerville Avenue in Belleville, 29 Illinois and occupied by either the Belleville Area Special 30 Education District or the Belleville Area Special Services 31 Cooperative. 32 (Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00; 33 91-922, eff. 7-7-00.) HB2412 Engrossed -14- LRB9204208LDcs 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.