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92_HB2412ren HB2412 Re-Enrolled 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 Re-Enrolled -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 Re-Enrolled -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, not more than one and a half 16 hours before the start of the game and not after the end of 17 the third quarter of the game, or by a catering establishment 18 which has rented facilities from a board of trustees of a 19 public community college district, or, if approved by the 20 District board, on land owned by the Metropolitan Sanitary 21 District of Greater Chicago and leased to others for a term 22 of at least 20 years. Nothing in this Section precludes the 23 sale or delivery of alcoholic liquor in the form of original 24 packaged goods in premises located at 500 S. Racine in 25 Chicago belonging to the University of Illinois and used 26 primarily as a grocery store by a commercial tenant during 27 the term of a lease that predates the University's 28 acquisition of the premises; but the University shall have no 29 power or authority to renew, transfer, or extend the lease 30 with terms allowing the sale of alcoholic liquor; and the 31 sale of alcoholic liquor shall be subject to all local laws 32 and regulations. After the acquisition by Winnebago County 33 of the property located at 404 Elm Street in Rockford, a 34 commercial tenant who sold alcoholic liquor at retail on a HB2412 Re-Enrolled -4- LRB9204208LDcs 1 portion of the property under a valid license at the time of 2 the acquisition may continue to do so for so long as the 3 tenant and the County may agree under existing or future 4 leases, subject to all local laws and regulations regarding 5 the sale of alcoholic liquor. Each facility shall provide 6 dram shop liability in maximum insurance coverage limits so 7 as to save harmless the State, municipality, State 8 university, airport, golf course, faculty center, facility in 9 which conference and convention type activities take place, 10 park district, Forest Preserve District, public community 11 college district, aquarium, museum, or sanitary district from 12 all financial loss, damage or harm. Alcoholic liquors may be 13 sold at retail in buildings of golf courses owned by 14 municipalities in connection with the operation of an 15 established food serving facility during times when food is 16 dispensed for consumption upon the premises. Alcoholic 17 liquors may be delivered to and sold at retail in any 18 building owned by a fire protection district organized under 19 the Fire Protection District Act, provided that such delivery 20 and sale is approved by the board of trustees of the 21 district, and provided further that such delivery and sale is 22 limited to fundraising events and to a maximum of 6 events 23 per year. 24 Alcoholic liquor may be delivered to and sold at retail 25 in the Dorchester Senior Business Center owned by the Village 26 of Dolton if the alcoholic liquor is sold or dispensed only 27 in connection with organized functions for which the planned 28 attendance is 20 or more persons, and if the person or 29 facility selling or dispensing the alcoholic liquor has 30 provided dram shop liability insurance in maximum limits so 31 as to hold harmless the Village of Dolton and the State from 32 all financial loss, damage and harm. 33 Alcoholic liquors may be delivered to and sold at retail 34 in any building used as an Illinois State Armory provided: HB2412 Re-Enrolled -5- LRB9204208LDcs 1 (i) the Adjutant General's written consent to the 2 issuance of a license to sell alcoholic liquor in such 3 building is filed with the Commission; 4 (ii) the alcoholic liquor is sold or dispensed only 5 in connection with organized functions held on special 6 occasions; 7 (iii) the organized function is one for which the 8 planned attendance is 25 or more persons; and 9 (iv) the facility selling or dispensing the 10 alcoholic liquors has provided dram shop liability 11 insurance in maximum limits so as to save harmless the 12 facility and the State from all financial loss, damage or 13 harm. 14 Alcoholic liquors may be delivered to and sold at retail 15 in the Chicago Civic Center, provided that: 16 (i) the written consent of the Public Building 17 Commission which administers the Chicago Civic Center is 18 filed with the Commission; 19 (ii) the alcoholic liquor is sold or dispensed only 20 in connection with organized functions held on special 21 occasions; 22 (iii) the organized function is one for which the 23 planned attendance is 25 or more persons; 24 (iv) the facility selling or dispensing the 25 alcoholic liquors has provided dram shop liability 26 insurance in maximum limits so as to hold harmless the 27 Civic Center, the City of Chicago and the State from all 28 financial loss, damage or harm; and 29 (v) all applicable local ordinances are complied 30 with. 31 Alcoholic liquors may be delivered or sold in any 32 building belonging to or under the control of any city, 33 village or incorporated town where more than 75% of the 34 physical properties of the building is used for commercial or HB2412 Re-Enrolled -6- LRB9204208LDcs 1 recreational purposes, and the building is located upon a 2 pier extending into or over the waters of a navigable lake or 3 stream or on the shore of a navigable lake or stream. 4 Alcoholic liquor may be sold in buildings under the control 5 of the Department of Natural Resources when written consent 6 to the issuance of a license to sell alcoholic liquor in such 7 buildings is filed with the Commission by the Department of 8 Natural Resources. Notwithstanding any other provision of 9 this Act, alcoholic liquor sold by a United States Army Corps 10 of Engineers or Department of Natural Resources 11 concessionaire who was operating on June 1, 1991 for 12 on-premises consumption only is not subject to the provisions 13 of Articles IV and IX. Beer and wine may be sold on the 14 premises of the Joliet Park District Stadium owned by the 15 Joliet Park District when written consent to the issuance of 16 a license to sell beer and wine in such premises is filed 17 with the local liquor commissioner by the Joliet Park 18 District. Beer and wine may be sold in buildings on the 19 grounds of State veterans' homes when written consent to the 20 issuance of a license to sell beer and wine in such buildings 21 is filed with the Commission by the Department of Veterans' 22 Affairs, and the facility shall provide dram shop liability 23 in maximum insurance coverage limits so as to save the 24 facility harmless from all financial loss, damage or harm. 25 Such liquors may be delivered to and sold at any property 26 owned or held under lease by a Metropolitan Pier and 27 Exposition Authority or Metropolitan Exposition and 28 Auditorium Authority. 29 Beer and wine may be sold and dispensed at professional 30 sporting events and at professional concerts and other 31 entertainment events conducted on premises owned by the 32 Forest Preserve District of Kane County, subject to the 33 control of the District Commissioners and applicable local 34 law, provided that dram shop liability insurance is provided HB2412 Re-Enrolled -7- LRB9204208LDcs 1 at maximum coverage limits so as to hold the District 2 harmless from all financial loss, damage and harm. 3 Nothing in this Section shall preclude the sale or 4 delivery of beer and wine at a State or county fair or the 5 sale or delivery of beer or wine at a city fair in any 6 otherwise lawful manner. 7 Alcoholic liquors may be sold at retail in buildings in 8 State parks under the control of the Department of Natural 9 Resources, provided: 10 a. the State park has overnight lodging facilities 11 with some restaurant facilities or, not having overnight 12 lodging facilities, has restaurant facilities which serve 13 complete luncheon and dinner or supper meals, 14 b. consent to the issuance of a license to sell 15 alcoholic liquors in the buildings has been filed with 16 the commission by the Department of Natural Resources, 17 and 18 c. the alcoholic liquors are sold by the State park 19 lodge or restaurant concessionaire only during the hours 20 from 11 o'clock a.m. until 12 o'clock midnight. 21 Notwithstanding any other provision of this Act, 22 alcoholic liquor sold by the State park or restaurant 23 concessionaire is not subject to the provisions of 24 Articles IV and IX. 25 Alcoholic liquors may be sold at retail in buildings on 26 properties under the control of the Historic Preservation 27 Agency provided: 28 a. the property 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 Historic Preservation Agency, and HB2412 Re-Enrolled -8- LRB9204208LDcs 1 c. the alcoholic liquors are sold by the lodge or 2 restaurant concessionaire only during the hours from 11 3 o'clock a.m. until 12 o'clock midnight. 4 The sale of alcoholic liquors pursuant to this Section 5 does not authorize the establishment and operation of 6 facilities commonly called taverns, saloons, bars, cocktail 7 lounges, and the like except as a part of lodge and 8 restaurant facilities in State parks or golf courses owned by 9 Forest Preserve Districts with a population of less than 10 3,000,000 or municipalities or park districts. 11 Alcoholic liquors may be sold at retail in the 12 Springfield Administration Building of the Department of 13 Transportation and the Illinois State Armory in Springfield; 14 provided, that the controlling government authority may 15 consent to such sales only if 16 a. the request is from a not-for-profit 17 organization; 18 b. such sales would not impede normal operations of 19 the departments involved; 20 c. the not-for-profit organization provides dram 21 shop liability in maximum insurance coverage limits and 22 agrees to defend, save harmless and indemnify the State 23 of Illinois from all financial loss, damage or harm; 24 d. no such sale shall be made during normal working 25 hours of the State of Illinois; and 26 e. the consent is in writing. 27 Alcoholic liquors may be sold at retail in buildings in 28 recreational areas of river conservancy districts under the 29 control of, or leased from, the river conservancy districts. 30 Such sales are subject to reasonable local regulations as 31 provided in Article IV; however, no such regulations may 32 prohibit or substantially impair the sale of alcoholic 33 liquors on Sundays or Holidays. 34 Alcoholic liquors may be provided in long term care HB2412 Re-Enrolled -9- LRB9204208LDcs 1 facilities owned or operated by a county under Division 5-21 2 or 5-22 of the Counties Code, when approved by the facility 3 operator and not in conflict with the regulations of the 4 Illinois Department of Public Health, to residents of the 5 facility who have had their consumption of the alcoholic 6 liquors provided approved in writing by a physician licensed 7 to practice medicine in all its branches. 8 Alcoholic liquors may be delivered to and dispensed in 9 State housing assigned to employees of the Department of 10 Corrections. No person shall furnish or allow to be furnished 11 any alcoholic liquors to any prisoner confined in any jail, 12 reformatory, prison or house of correction except upon a 13 physician's prescription for medicinal purposes. 14 Alcoholic liquors may be sold at retail or dispensed at 15 the Willard Ice Building in Springfield, at the State Library 16 in Springfield, and at Illinois State Museum facilities by 17 (1) an agency of the State, whether legislative, judicial or 18 executive, provided that such agency first obtains written 19 permission to sell or dispense alcoholic liquors from the 20 controlling government authority, or by (2) a not-for-profit 21 organization, provided that such organization: 22 a. Obtains written consent from the controlling 23 government authority; 24 b. Sells or dispenses the alcoholic liquors in a 25 manner that does not impair normal operations of State 26 offices located in the building; 27 c. Sells or dispenses alcoholic liquors only in 28 connection with an official activity in the 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 Re-Enrolled -10- LRB9204208LDcs 1 Nothing in this Act shall prevent a not-for-profit 2 organization or agency of the State from employing the 3 services of a catering establishment for the selling or 4 dispensing of alcoholic liquors at authorized functions. 5 The controlling government authority for the Willard Ice 6 Building in Springfield shall be the Director of the 7 Department of Revenue. The controlling government authority 8 for Illinois State Museum facilities shall be the Director of 9 the Illinois State Museum. The controlling government 10 authority for the State Library in Springfield shall be the 11 Secretary of State. 12 Alcoholic liquors may be delivered to and sold at retail 13 or dispensed at any facility, property or building under the 14 jurisdiction of the Historic Preservation Agency where the 15 delivery, sale or dispensing is by (1) an agency of the 16 State, whether legislative, judicial or executive, provided 17 that such agency first obtains written permission to sell or 18 dispense alcoholic liquors from a controlling government 19 authority, or by (2) a not-for-profit organization provided 20 that such organization: 21 a. Obtains written consent from the controlling 22 government authority; 23 b. Sells or dispenses the alcoholic liquors in a 24 manner that does not impair normal workings of State 25 offices or operations located at the facility, property 26 or building; 27 c. Sells or dispenses alcoholic liquors only in 28 connection with an official activity of the 29 not-for-profit organization in the facility, property or 30 building; 31 d. Provides, or its catering service provides, dram 32 shop liability insurance in maximum coverage limits and 33 in which the carrier agrees to defend, save harmless and 34 indemnify the State of Illinois from all financial loss, HB2412 Re-Enrolled -11- LRB9204208LDcs 1 damage or harm arising out of the selling or dispensing 2 of alcoholic liquors. 3 The controlling government authority for the Historic 4 Preservation Agency shall be the Director of the Historic 5 Preservation Agency. 6 Alcoholic liquors may be sold at retail or dispensed at 7 the James R. Thompson Center in Chicago and 222 South College 8 Street in Springfield, Illinois by (1) a commercial tenant or 9 subtenant conducting business on the premises under a lease 10 made pursuant to Section 405-315 of the Department of Central 11 Management Services Law (20 ILCS 405/405-315), provided that 12 such tenant or subtenant who sells or dispenses alcoholic 13 liquors shall procure and maintain dram shop liability 14 insurance in maximum coverage limits and in which the carrier 15 agrees to defend, indemnify and save harmless the State of 16 Illinois from all financial loss, damage or harm arising out 17 of the sale or dispensing of alcoholic liquors, or by (2) an 18 agency of the State, whether legislative, judicial or 19 executive, provided that such agency first obtains written 20 permission to sell or dispense alcoholic liquors from the 21 Director of Central Management Services, or by (3) a 22 not-for-profit organization, provided that such organization: 23 a. Obtains written consent from the Department of 24 Central Management Services; 25 b. Sells or dispenses the alcoholic liquors in a 26 manner that does not impair normal operations of State 27 offices located in the building; 28 c. Sells or dispenses alcoholic liquors only in 29 connection with an official activity in the building; 30 d. Provides, or its catering service provides, dram 31 shop liability insurance in maximum coverage limits and 32 in which the carrier agrees to defend, save harmless and 33 indemnify the State of Illinois from all financial loss, 34 damage or harm arising out of the selling or dispensing HB2412 Re-Enrolled -12- LRB9204208LDcs 1 of alcoholic liquors. 2 Nothing in this Act shall prevent a not-for-profit 3 organization or agency of the State from employing the 4 services of a catering establishment for the selling or 5 dispensing of alcoholic liquors at functions authorized by 6 the Director of Central Management Services. 7 Alcoholic liquors may be sold or delivered at any 8 facility owned by the Illinois Sports Facilities Authority 9 provided that dram shop liability insurance has been made 10 available in a form, with such coverage and in such amounts 11 as the Authority reasonably determines is necessary. 12 Alcoholic liquors may be sold at retail or dispensed at 13 the Rockford State Office Building 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 the Department of Central 17 Management Services, or by (2) a not-for-profit organization, 18 provided that such organization: 19 a. Obtains written consent from the Department of 20 Central Management Services; 21 b. Sells or dispenses the alcoholic liquors in a 22 manner that does not impair normal operations of State 23 offices located in the building; 24 c. Sells or dispenses alcoholic liquors only in 25 connection with an official activity in the building; 26 d. Provides, or its catering service provides, dram 27 shop liability insurance in maximum coverage limits and 28 in which the carrier agrees to defend, save harmless and 29 indemnify the State of Illinois from all financial loss, 30 damage or harm arising out of the selling or dispensing 31 of alcoholic liquors. 32 Nothing in this Act shall prevent a not-for-profit 33 organization or agency of the State from employing the 34 services of a catering establishment for the selling or HB2412 Re-Enrolled -13- LRB9204208LDcs 1 dispensing of alcoholic liquors at functions authorized by 2 the Department of Central Management Services. 3 Alcoholic liquors may be sold or delivered in a building 4 that is owned by McLean County, situated on land owned by the 5 county in the City of Bloomington, and used by the McLean 6 County Historical Society if the sale or delivery is approved 7 by an ordinance adopted by the county board, and the 8 municipality in which the building is located may not 9 prohibit that sale or delivery, notwithstanding any other 10 provision of this Section. The regulation of the sale and 11 delivery of alcoholic liquor in a building that is owned by 12 McLean County, situated on land owned by the county, and used 13 by the McLean County Historical Society as provided in this 14 paragraph is an exclusive power and function of the State and 15 is a denial and limitation under Article VII, Section 6, 16 subsection (h) of the Illinois Constitution of the power of a 17 home rule municipality to regulate that sale and delivery. 18 Alcoholic liquors may be sold or delivered in any 19 building situated on land held in trust for any school 20 district organized under Article 34 of the School Code, if 21 the building is not used for school purposes and if the sale 22 or delivery is approved by the board of education. 23 Alcoholic liquors may be sold or delivered in buildings 24 owned by the Community Building Complex Committee of Boone 25 County, Illinois if the person or facility selling or 26 dispensing the alcoholic liquor has provided dram shop 27 liability insurance with coverage and in amounts that the 28 Committee reasonably determines are necessary. 29 Alcoholic liquors may be sold or delivered in the 30 building located at 1200 Centerville Avenue in Belleville, 31 Illinois and occupied by either the Belleville Area Special 32 Education District or the Belleville Area Special Services 33 Cooperative. 34 (Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00; HB2412 Re-Enrolled -14- LRB9204208LDcs 1 91-922, eff. 7-7-00.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.