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92_HB5597
LRB9213729LDtm
1 AN ACT in relation to alcoholic liquor.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Liquor Control Act of 1934 is amended by
5 changing Section 6-15 as follows:
6 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
7 Sec. 6-15. No alcoholic liquors shall be sold or
8 delivered in any building belonging to or under the control
9 of the State or any political subdivision thereof except as
10 provided in this Act. The corporate authorities of any city,
11 village, incorporated town or township may provide by
12 ordinance, however, that alcoholic liquor may be sold or
13 delivered in any specifically designated building belonging
14 to or under the control of the municipality or township, or
15 in any building located on land under the control of the
16 municipality; provided that such township complies with all
17 applicable local ordinances in any incorporated area of the
18 township. Alcoholic liquors may be delivered to and sold at
19 any airport belonging to or under the control of a
20 municipality of more than 25,000 inhabitants, or in any
21 building owned by a park district organized under the Park
22 District Code, subject to the approval of the governing board
23 of the district, or in any building or on any golf course
24 owned by a forest preserve district organized under the
25 Downstate Forest Preserve District Act, subject to the
26 approval of the governing board of the district, or on the
27 grounds within 500 feet of any building owned by a forest
28 preserve district organized under the Downstate Forest
29 Preserve District Act during times when food is dispensed for
30 consumption within 500 feet of the building from which the
31 food is dispensed, subject to the approval of the governing
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1 board of the district, or in a building owned by a Local Mass
2 Transit District organized under the Local Mass Transit
3 District Act, subject to the approval of the governing Board
4 of the District, or in Bicentennial Park, or on the premises
5 of the City of Mendota Lake Park located adjacent to Route 51
6 in Mendota, Illinois, or on the premises of Camden Park in
7 Milan, Illinois, or in the community center owned by the City
8 of Loves Park that is located at 1000 River Park Drive in
9 Loves Park, Illinois, or, in connection with the operation of
10 an established food serving facility during times when food
11 is dispensed for consumption on the premises, and at the
12 following aquarium and museums located in public parks: Art
13 Institute of Chicago, Chicago Academy of Sciences, Chicago
14 Historical Society, Field Museum of Natural History, Museum
15 of Science and Industry, DuSable Museum of African American
16 History, John G. Shedd Aquarium and Adler Planetarium, or at
17 Lakeview Museum of Arts and Sciences in Peoria, or in
18 connection with the operation of the facilities of the
19 Chicago Zoological Society or the Chicago Horticultural
20 Society on land owned by the Forest Preserve District of Cook
21 County, or 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
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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 Western Illinois
33 University of property located at 312 University Drive in
34 Macomb, a commercial tenant operating a restaurant who sold
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1 alcoholic liquor at retail on the property under a valid
2 license at the time of acquisition may continue to do so
3 during the term of a lease that predates the University's
4 acquisition of the property; but the University shall have no
5 power to renew, transfer, or extend the lease with terms
6 allowing for the sale of alcoholic liquor and the sale of
7 alcoholic liquor shall be subject to all local laws and
8 regulations. After the acquisition by Winnebago County of the
9 property located at 404 Elm Street in Rockford, a commercial
10 tenant who sold alcoholic liquor at retail on a portion of
11 the property under a valid license at the time of the
12 acquisition may continue to do so for so long as the tenant
13 and the County may agree under existing or future leases,
14 subject to all local laws and regulations regarding the sale
15 of alcoholic liquor. Each facility shall provide dram shop
16 liability in maximum insurance coverage limits so as to save
17 harmless the State, municipality, State university, airport,
18 golf course, faculty center, facility in which conference and
19 convention type activities take place, park district, Forest
20 Preserve District, public community college district,
21 aquarium, museum, or sanitary district from all financial
22 loss, damage or harm. Alcoholic liquors may be sold at retail
23 in buildings of golf courses owned by municipalities in
24 connection with the operation of an established food serving
25 facility during times when food is dispensed for consumption
26 upon the premises. Alcoholic liquors may be delivered to and
27 sold at retail in any building owned by a fire protection
28 district organized under the Fire Protection District Act,
29 provided that such delivery and sale is approved by the board
30 of trustees of the district, and provided further that such
31 delivery and sale is limited to fundraising events and to a
32 maximum of 6 events per year.
33 Alcoholic liquor may be delivered to and sold at retail
34 in the Dorchester Senior Business Center owned by the Village
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1 of Dolton if the alcoholic liquor is sold or dispensed only
2 in connection with organized functions for which the planned
3 attendance is 20 or more persons, and if the person or
4 facility selling or dispensing the alcoholic liquor has
5 provided dram shop liability insurance in maximum limits so
6 as to hold harmless the Village of Dolton and the State from
7 all financial loss, damage and harm.
8 Alcoholic liquors may be delivered to and sold at retail
9 in any building used as an Illinois State Armory provided:
10 (i) the Adjutant General's written consent to the
11 issuance of a license to sell alcoholic liquor in such
12 building is filed with the Commission;
13 (ii) the alcoholic liquor is sold or dispensed only
14 in connection with organized functions held on special
15 occasions;
16 (iii) the organized function is one for which the
17 planned attendance is 25 or more persons; and
18 (iv) the facility selling or dispensing the
19 alcoholic liquors has provided dram shop liability
20 insurance in maximum limits so as to save harmless the
21 facility and the State from all financial loss, damage or
22 harm.
23 Alcoholic liquors may be delivered to and sold at retail
24 in the Chicago Civic Center, provided that:
25 (i) the written consent of the Public Building
26 Commission which administers the Chicago Civic Center is
27 filed with the Commission;
28 (ii) the alcoholic liquor is sold or dispensed only
29 in connection with organized functions held on special
30 occasions;
31 (iii) the organized function is one for which the
32 planned attendance is 25 or more persons;
33 (iv) the facility selling or dispensing the
34 alcoholic liquors has provided dram shop liability
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1 insurance in maximum limits so as to hold harmless the
2 Civic Center, the City of Chicago and the State from all
3 financial loss, damage or harm; and
4 (v) all applicable local ordinances are complied
5 with.
6 Alcoholic liquors may be delivered or sold in any
7 building belonging to or under the control of any city,
8 village or incorporated town where more than 75% of the
9 physical properties of the building is used for commercial or
10 recreational purposes, and the building is located upon a
11 pier extending into or over the waters of a navigable lake or
12 stream or on the shore of a navigable lake or stream.
13 Alcoholic liquor may be sold in buildings under the control
14 of the Department of Natural Resources when written consent
15 to the issuance of a license to sell alcoholic liquor in such
16 buildings is filed with the Commission by the Department of
17 Natural Resources. Notwithstanding any other provision of
18 this Act, alcoholic liquor sold by a United States Army Corps
19 of Engineers or Department of Natural Resources
20 concessionaire who was operating on June 1, 1991 for
21 on-premises consumption only is not subject to the provisions
22 of Articles IV and IX. Beer and wine may be sold on the
23 premises of the Joliet Park District Stadium owned by the
24 Joliet Park District when written consent to the issuance of
25 a license to sell beer and wine in such premises is filed
26 with the local liquor commissioner by the Joliet Park
27 District. Beer and wine may be sold in buildings on the
28 grounds of State veterans' homes when written consent to the
29 issuance of a license to sell beer and wine in such buildings
30 is filed with the Commission by the Department of Veterans'
31 Affairs, and the facility shall provide dram shop liability
32 in maximum insurance coverage limits so as to save the
33 facility harmless from all financial loss, damage or harm.
34 Such liquors may be delivered to and sold at any property
-7- LRB9213729LDtm
1 owned or held under lease by a Metropolitan Pier and
2 Exposition Authority or Metropolitan Exposition and
3 Auditorium Authority.
4 Beer and wine may be sold and dispensed at professional
5 sporting events and at professional concerts and other
6 entertainment events conducted on premises owned by the
7 Forest Preserve District of Kane County, subject to the
8 control of the District Commissioners and applicable local
9 law, provided that dram shop liability insurance is provided
10 at maximum coverage limits so as to hold the District
11 harmless from all financial loss, damage and harm.
12 Nothing in this Section shall preclude the sale or
13 delivery of beer and wine at a State or county fair or the
14 sale or delivery of beer or wine at a city fair in any
15 otherwise lawful manner.
16 Alcoholic liquors may be sold at retail in buildings in
17 State parks under the control of the Department of Natural
18 Resources, provided:
19 a. the State park has overnight lodging facilities
20 with some restaurant facilities or, not having overnight
21 lodging facilities, has restaurant facilities which serve
22 complete luncheon and dinner or supper meals,
23 b. consent to the issuance of a license to sell
24 alcoholic liquors in the buildings has been filed with
25 the commission by the Department of Natural Resources,
26 and
27 c. the alcoholic liquors are sold by the State park
28 lodge or restaurant concessionaire only during the hours
29 from 11 o'clock a.m. until 12 o'clock midnight.
30 Notwithstanding any other provision of this Act,
31 alcoholic liquor sold by the State park or restaurant
32 concessionaire is not subject to the provisions of
33 Articles IV and IX.
34 Alcoholic liquors may be sold at retail in buildings on
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1 properties under the control of the Historic Preservation
2 Agency provided:
3 a. the property has overnight lodging facilities
4 with some restaurant facilities or, not having overnight
5 lodging facilities, has restaurant facilities which serve
6 complete luncheon and dinner or supper meals,
7 b. consent to the issuance of a license to sell
8 alcoholic liquors in the buildings has been filed with
9 the commission by the Historic Preservation Agency, and
10 c. the alcoholic liquors are sold by the lodge or
11 restaurant concessionaire only during the hours from 11
12 o'clock a.m. until 12 o'clock midnight.
13 The sale of alcoholic liquors pursuant to this Section
14 does not authorize the establishment and operation of
15 facilities commonly called taverns, saloons, bars, cocktail
16 lounges, and the like except as a part of lodge and
17 restaurant facilities in State parks or golf courses owned by
18 Forest Preserve Districts with a population of less than
19 3,000,000 or municipalities or park districts.
20 Alcoholic liquors may be sold at retail in the
21 Springfield Administration Building of the Department of
22 Transportation and the Illinois State Armory in Springfield;
23 provided, that the controlling government authority may
24 consent to such sales only if
25 a. the request is from a not-for-profit
26 organization;
27 b. such sales would not impede normal operations of
28 the departments involved;
29 c. the not-for-profit organization provides dram
30 shop liability in maximum insurance coverage limits and
31 agrees to defend, save harmless and indemnify the State
32 of Illinois from all financial loss, damage or harm;
33 d. no such sale shall be made during normal working
34 hours of the State of Illinois; and
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1 e. the consent is in writing.
2 Alcoholic liquors may be sold at retail in buildings in
3 recreational areas of river conservancy districts under the
4 control of, or leased from, the river conservancy districts.
5 Such sales are subject to reasonable local regulations as
6 provided in Article IV; however, no such regulations may
7 prohibit or substantially impair the sale of alcoholic
8 liquors on Sundays or Holidays.
9 Alcoholic liquors may be provided in long term care
10 facilities owned or operated by a county under Division 5-21
11 or 5-22 of the Counties Code, when approved by the facility
12 operator and not in conflict with the regulations of the
13 Illinois Department of Public Health, to residents of the
14 facility who have had their consumption of the alcoholic
15 liquors provided approved in writing by a physician licensed
16 to practice medicine in all its branches.
17 Alcoholic liquors may be delivered to and dispensed in
18 State housing assigned to employees of the Department of
19 Corrections. No person shall furnish or allow to be furnished
20 any alcoholic liquors to any prisoner confined in any jail,
21 reformatory, prison or house of correction except upon a
22 physician's prescription for medicinal purposes.
23 Alcoholic liquors may be sold at retail or dispensed at
24 the Willard Ice Building in Springfield, at the State Library
25 in Springfield, and at Illinois State Museum facilities by
26 (1) an agency of the State, whether legislative, judicial or
27 executive, provided that such agency first obtains written
28 permission to sell or dispense alcoholic liquors from the
29 controlling government authority, or by (2) a not-for-profit
30 organization, provided that such organization:
31 a. Obtains written consent from the controlling
32 government authority;
33 b. Sells or dispenses the alcoholic liquors in a
34 manner that does not impair normal operations of State
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1 offices located in the building;
2 c. Sells or dispenses alcoholic liquors only in
3 connection with an official activity in the building;
4 d. Provides, or its catering service provides, dram
5 shop liability insurance in maximum coverage limits and
6 in which the carrier agrees to defend, save harmless and
7 indemnify the State of Illinois from all financial loss,
8 damage or harm arising out of the selling or dispensing
9 of alcoholic liquors.
10 Nothing in this Act shall prevent a not-for-profit
11 organization or agency of the State from employing the
12 services of a catering establishment for the selling or
13 dispensing of alcoholic liquors at authorized functions.
14 The controlling government authority for the Willard Ice
15 Building in Springfield shall be the Director of the
16 Department of Revenue. The controlling government authority
17 for Illinois State Museum facilities shall be the Director of
18 the Illinois State Museum. The controlling government
19 authority for the State Library in Springfield shall be the
20 Secretary of State.
21 Alcoholic liquors may be delivered to and sold at retail
22 or dispensed at any facility, property or building under the
23 jurisdiction of the Historic Preservation Agency where the
24 delivery, sale or dispensing is by (1) an agency of the
25 State, whether legislative, judicial or executive, provided
26 that such agency first obtains written permission to sell or
27 dispense alcoholic liquors from a controlling government
28 authority, or by (2) a not-for-profit organization provided
29 that such organization:
30 a. Obtains written consent from the controlling
31 government authority;
32 b. Sells or dispenses the alcoholic liquors in a
33 manner that does not impair normal workings of State
34 offices or operations located at the facility, property
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1 or building;
2 c. Sells or dispenses alcoholic liquors only in
3 connection with an official activity of the
4 not-for-profit organization in the facility, property or
5 building;
6 d. Provides, or its catering service provides, dram
7 shop liability insurance in maximum coverage limits and
8 in which the carrier agrees to defend, save harmless and
9 indemnify the State of Illinois from all financial loss,
10 damage or harm arising out of the selling or dispensing
11 of alcoholic liquors.
12 The controlling government authority for the Historic
13 Preservation Agency shall be the Director of the Historic
14 Preservation Agency.
15 Alcoholic liquors may be sold at retail or dispensed at
16 the James R. Thompson Center in Chicago and 222 South College
17 Street in Springfield, Illinois by (1) a commercial tenant or
18 subtenant conducting business on the premises under a lease
19 made pursuant to Section 405-315 of the Department of Central
20 Management Services Law (20 ILCS 405/405-315), provided that
21 such tenant or subtenant who sells or dispenses alcoholic
22 liquors shall procure and maintain dram shop liability
23 insurance in maximum coverage limits and in which the carrier
24 agrees to defend, indemnify and save harmless the State of
25 Illinois from all financial loss, damage or harm arising out
26 of the sale or dispensing of alcoholic liquors, or by (2) an
27 agency of the State, whether legislative, judicial or
28 executive, provided that such agency first obtains written
29 permission to sell or dispense alcoholic liquors from the
30 Director of Central Management Services, or by (3) a
31 not-for-profit organization, provided that such organization:
32 a. Obtains written consent from the Department of
33 Central Management Services;
34 b. Sells or dispenses the alcoholic liquors in a
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1 manner that does not impair normal operations of State
2 offices located in the building;
3 c. Sells or dispenses alcoholic liquors only in
4 connection with an official activity in the building;
5 d. Provides, or its catering service provides, dram
6 shop liability insurance in maximum coverage limits and
7 in which the carrier agrees to defend, save harmless and
8 indemnify the State of Illinois from all financial loss,
9 damage or harm arising out of the selling or dispensing
10 of alcoholic liquors.
11 Nothing in this Act shall prevent a not-for-profit
12 organization or agency of the State from employing the
13 services of a catering establishment for the selling or
14 dispensing of alcoholic liquors at functions authorized by
15 the Director of Central Management Services.
16 Alcoholic liquors may be sold or delivered at any
17 facility owned by the Illinois Sports Facilities Authority
18 provided that dram shop liability insurance has been made
19 available in a form, with such coverage and in such amounts
20 as the Authority reasonably determines is necessary.
21 Alcoholic liquors may be sold at retail or dispensed at
22 the Rockford State Office Building by (1) an agency of the
23 State, whether legislative, judicial or executive, provided
24 that such agency first obtains written permission to sell or
25 dispense alcoholic liquors from the Department of Central
26 Management Services, or by (2) a not-for-profit organization,
27 provided that such organization:
28 a. Obtains written consent from the Department of
29 Central Management Services;
30 b. Sells or dispenses the alcoholic liquors in a
31 manner that does not impair normal operations of State
32 offices located in the building;
33 c. Sells or dispenses alcoholic liquors only in
34 connection with an official activity in the building;
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1 d. Provides, or its catering service provides, dram
2 shop liability insurance in maximum coverage limits and
3 in which the carrier agrees to defend, save harmless and
4 indemnify the State of Illinois from all financial loss,
5 damage or harm arising out of the selling or dispensing
6 of alcoholic liquors.
7 Nothing in this Act shall prevent a not-for-profit
8 organization or agency of the State from employing the
9 services of a catering establishment for the selling or
10 dispensing of alcoholic liquors at functions authorized by
11 the Department of Central Management Services.
12 Alcoholic liquors may be sold or delivered in a building
13 that is owned by McLean County, situated on land owned by the
14 county in the City of Bloomington, and used by the McLean
15 County Historical Society if the sale or delivery is approved
16 by an ordinance adopted by the county board, and the
17 municipality in which the building is located may not
18 prohibit that sale or delivery, notwithstanding any other
19 provision of this Section. The regulation of the sale and
20 delivery of alcoholic liquor in a building that is owned by
21 McLean County, situated on land owned by the county, and used
22 by the McLean County Historical Society as provided in this
23 paragraph is an exclusive power and function of the State and
24 is a denial and limitation under Article VII, Section 6,
25 subsection (h) of the Illinois Constitution of the power of a
26 home rule municipality to regulate that sale and delivery.
27 Alcoholic liquors may be sold or delivered in any
28 building situated on land held in trust for any school
29 district organized under Article 34 of the School Code, if
30 the building is not used for school purposes and if the sale
31 or delivery is approved by the board of education.
32 Alcoholic liquors may be sold or delivered in buildings
33 owned by the Community Building Complex Committee of Boone
34 County, Illinois if the person or facility selling or
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1 dispensing the alcoholic liquor has provided dram shop
2 liability insurance with coverage and in amounts that the
3 Committee reasonably determines are necessary.
4 Alcoholic liquors may be sold or delivered in the
5 building located at 1200 Centerville Avenue in Belleville,
6 Illinois and occupied by either the Belleville Area Special
7 Education District or the Belleville Area Special Services
8 Cooperative.
9 (Source: P.A. 91-239, eff. 1-1-00; 91-922, eff. 7-7-00;
10 92-512, eff. 1-1-02.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.