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Public Act 094-0463


 

Public Act 0463 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0463
 
HB3022 Enrolled LRB094 08874 LJB 39093 b

    AN ACT concerning liquor.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Liquor Control Act of 1934 is amended by
changing Section 6-15 as follows:
 
    (235 ILCS 5/6-15)  (from Ch. 43, par. 130)
    Sec. 6-15. No alcoholic liquors shall be sold or delivered
in any building belonging to or under the control of the State
or any political subdivision thereof except as provided in this
Act. The corporate authorities of any city, village,
incorporated town or township may provide by ordinance,
however, that alcoholic liquor may be sold or delivered in any
specifically designated building belonging to or under the
control of the municipality or township, or in any building
located on land under the control of the municipality; provided
that such township complies with all applicable local
ordinances in any incorporated area of the township. Alcoholic
liquor may be delivered to and sold under the authority of a
special use permit on any property owned by a conservation
district organized under the Conservation District Act,
provided that (i) the alcoholic liquor is sold only at an event
authorized by the governing board of the conservation district,
(ii) the issuance of the special use permit is authorized by
the local liquor control commissioner of the territory in which
the property is located, and (iii) the special use permit
authorizes the sale of alcoholic liquor for one day or less.
Alcoholic liquors may be delivered to and sold at any airport
belonging to or under the control of a municipality of more
than 25,000 inhabitants, or in any building or on any golf
course owned by a park district organized under the Park
District Code, subject to the approval of the governing board
of the district, or in any building or on any golf course owned
by a forest preserve district organized under the Downstate
Forest Preserve District Act, subject to the approval of the
governing board of the district, or on the grounds within 500
feet of any building owned by a forest preserve district
organized under the Downstate Forest Preserve District Act
during times when food is dispensed for consumption within 500
feet of the building from which the food is dispensed, subject
to the approval of the governing board of the district, or in a
building owned by a Local Mass Transit District organized under
the Local Mass Transit District Act, subject to the approval of
the governing Board of the District, or in Bicentennial Park,
or on the premises of the City of Mendota Lake Park located
adjacent to Route 51 in Mendota, Illinois, or on the premises
of Camden Park in Milan, Illinois, or in the community center
owned by the City of Loves Park that is located at 1000 River
Park Drive in Loves Park, Illinois, or, in connection with the
operation of an established food serving facility during times
when food is dispensed for consumption on the premises, and at
the following aquarium and museums located in public parks: Art
Institute of Chicago, Chicago Academy of Sciences, Chicago
Historical Society, Field Museum of Natural History, Museum of
Science and Industry, DuSable Museum of African American
History, John G. Shedd Aquarium and Adler Planetarium, or at
Lakeview Museum of Arts and Sciences in Peoria, or in
connection with the operation of the facilities of the Chicago
Zoological Society or the Chicago Horticultural Society on land
owned by the Forest Preserve District of Cook County, or on any
land used for a golf course or for recreational purposes owned
by the Forest Preserve District of Cook County, subject to the
control of the Forest Preserve District Board of Commissioners
and applicable local law, provided that dram shop liability
insurance is provided at maximum coverage limits so as to hold
the District harmless from all financial loss, damage, and
harm, or in any building located on land owned by the Chicago
Park District if approved by the Park District Commissioners,
or on any land used for a golf course or for recreational
purposes and owned by the Illinois International Port District
if approved by the District's governing board, or at any
airport, golf course, faculty center, or facility in which
conference and convention type activities take place belonging
to or under control of any State university or public community
college district, provided that with respect to a facility for
conference and convention type activities alcoholic liquors
shall be limited to the use of the convention or conference
participants or participants in cultural, political or
educational activities held in such facilities, and provided
further that the faculty or staff of the State university or a
public community college district, or members of an
organization of students, alumni, faculty or staff of the State
university or a public community college district are active
participants in the conference or convention, or in Memorial
Stadium on the campus of the University of Illinois at
Urbana-Champaign during games in which the Chicago Bears
professional football team is playing in that stadium during
the renovation of Soldier Field, not more than one and a half
hours before the start of the game and not after the end of the
third quarter of the game, or by a catering establishment which
has rented facilities from a board of trustees of a public
community college district, or, if approved by the District
board, on land owned by the Metropolitan Sanitary District of
Greater Chicago and leased to others for a term of at least 20
years. Nothing in this Section precludes the sale or delivery
of alcoholic liquor in the form of original packaged goods in
premises located at 500 S. Racine in Chicago belonging to the
University of Illinois and used primarily as a grocery store by
a commercial tenant during the term of a lease that predates
the University's acquisition of the premises; but the
University shall have no power or authority to renew, transfer,
or extend the lease with terms allowing the sale of alcoholic
liquor; and the sale of alcoholic liquor shall be subject to
all local laws and regulations. After the acquisition by
Winnebago County of the property located at 404 Elm Street in
Rockford, a commercial tenant who sold alcoholic liquor at
retail on a portion of the property under a valid license at
the time of the acquisition may continue to do so for so long
as the tenant and the County may agree under existing or future
leases, subject to all local laws and regulations regarding the
sale of alcoholic liquor. Each facility shall provide dram shop
liability in maximum insurance coverage limits so as to save
harmless the State, municipality, State university, airport,
golf course, faculty center, facility in which conference and
convention type activities take place, park district, Forest
Preserve District, public community college district,
aquarium, museum, or sanitary district from all financial loss,
damage or harm. Alcoholic liquors may be sold at retail in
buildings of golf courses owned by municipalities in connection
with the operation of an established food serving facility
during times when food is dispensed for consumption upon the
premises. Alcoholic liquors may be delivered to and sold at
retail in any building owned by a fire protection district
organized under the Fire Protection District Act, provided that
such delivery and sale is approved by the board of trustees of
the district, and provided further that such delivery and sale
is limited to fundraising events and to a maximum of 6 events
per year.
    Alcoholic liquor may be delivered to and sold at retail in
the Dorchester Senior Business Center owned by the Village of
Dolton if the alcoholic liquor is sold or dispensed only in
connection with organized functions for which the planned
attendance is 20 or more persons, and if the person or facility
selling or dispensing the alcoholic liquor has provided dram
shop liability insurance in maximum limits so as to hold
harmless the Village of Dolton and the State from all financial
loss, damage and harm.
    Alcoholic liquors may be delivered to and sold at retail in
any building used as an Illinois State Armory provided:
        (i) the Adjutant General's written consent to the
    issuance of a license to sell alcoholic liquor in such
    building is filed with the Commission;
        (ii) the alcoholic liquor is sold or dispensed only in
    connection with organized functions held on special
    occasions;
        (iii) the organized function is one for which the
    planned attendance is 25 or more persons; and
        (iv) the facility selling or dispensing the alcoholic
    liquors has provided dram shop liability insurance in
    maximum limits so as to save harmless the facility and the
    State from all financial loss, damage or harm.
    Alcoholic liquors may be delivered to and sold at retail in
the Chicago Civic Center, provided that:
        (i) the written consent of the Public Building
    Commission which administers the Chicago Civic Center is
    filed with the Commission;
        (ii) the alcoholic liquor is sold or dispensed only in
    connection with organized functions held on special
    occasions;
        (iii) the organized function is one for which the
    planned attendance is 25 or more persons;
        (iv) the facility selling or dispensing the alcoholic
    liquors has provided dram shop liability insurance in
    maximum limits so as to hold harmless the Civic Center, the
    City of Chicago and the State from all financial loss,
    damage or harm; and
        (v) all applicable local ordinances are complied with.
    Alcoholic liquors may be delivered or sold in any building
belonging to or under the control of any city, village or
incorporated town where more than 75% of the physical
properties of the building is used for commercial or
recreational purposes, and the building is located upon a pier
extending into or over the waters of a navigable lake or stream
or on the shore of a navigable lake or stream. Alcoholic liquor
may be sold in buildings under the control of the Department of
Natural Resources when written consent to the issuance of a
license to sell alcoholic liquor in such buildings is filed
with the Commission by the Department of Natural Resources.
Alcoholic liquor may be served or delivered in buildings and
facilities under the control of the Department of Natural
Resources upon the written approval of the Director of Natural
Resources acting as the controlling government authority. The
Director of Natural Resources may specify conditions on that
approval, including but not limited to requirements for
insurance and hours of operation. Notwithstanding any other
provision of this Act, alcoholic liquor sold by a United States
Army Corps of Engineers or Department of Natural Resources
concessionaire who was operating on June 1, 1991 for
on-premises consumption only is not subject to the provisions
of Articles IV and IX. Beer and wine may be sold on the
premises of the Joliet Park District Stadium owned by the
Joliet Park District when written consent to the issuance of a
license to sell beer and wine in such premises is filed with
the local liquor commissioner by the Joliet Park District. Beer
and wine may be sold in buildings on the grounds of State
veterans' homes when written consent to the issuance of a
license to sell beer and wine in such buildings is filed with
the Commission by the Department of Veterans' Affairs, and the
facility shall provide dram shop liability in maximum insurance
coverage limits so as to save the facility harmless from all
financial loss, damage or harm. Such liquors may be delivered
to and sold at any property owned or held under lease by a
Metropolitan Pier and Exposition Authority or Metropolitan
Exposition and Auditorium Authority.
    Beer and wine may be sold and dispensed at professional
sporting events and at professional concerts and other
entertainment events conducted on premises owned by the Forest
Preserve District of Kane County, subject to the control of the
District Commissioners and applicable local law, provided that
dram shop liability insurance is provided at maximum coverage
limits so as to hold the District harmless from all financial
loss, damage and harm.
    Nothing in this Section shall preclude the sale or delivery
of beer and wine at a State or county fair or the sale or
delivery of beer or wine at a city fair in any otherwise lawful
manner.
    Alcoholic liquors may be sold at retail in buildings in
State parks under the control of the Department of Natural
Resources, provided:
        a. the State park has overnight lodging facilities with
    some restaurant facilities or, not having overnight
    lodging facilities, has restaurant facilities which serve
    complete luncheon and dinner or supper meals,
        b. consent to the issuance of a license to sell
    alcoholic liquors in the buildings has been filed with the
    commission by the Department of Natural Resources, and
        c. the alcoholic liquors are sold by the State park
    lodge or restaurant concessionaire only during the hours
    from 11 o'clock a.m. until 12 o'clock midnight.
    Notwithstanding any other provision of this Act, alcoholic
    liquor sold by the State park or restaurant concessionaire
    is not subject to the provisions of Articles IV and IX.
    Alcoholic liquors may be sold at retail in buildings on
properties under the control of the Historic Sites and
Preservation Division of the Historic Preservation Agency or
the Abraham Lincoln Presidential Library and Museum provided:
        a. the property has overnight lodging facilities with
    some restaurant facilities or, not having overnight
    lodging facilities, has restaurant facilities which serve
    complete luncheon and dinner or supper meals,
        b. consent to the issuance of a license to sell
    alcoholic liquors in the buildings has been filed with the
    commission by the Historic Sites and Preservation Division
    of the Historic Preservation Agency or the Abraham Lincoln
    Presidential Library and Museum, and
        c. the alcoholic liquors are sold by the lodge or
    restaurant concessionaire only during the hours from 11
    o'clock a.m. until 12 o'clock midnight.
    The sale of alcoholic liquors pursuant to this Section does
not authorize the establishment and operation of facilities
commonly called taverns, saloons, bars, cocktail lounges, and
the like except as a part of lodge and restaurant facilities in
State parks or golf courses owned by Forest Preserve Districts
with a population of less than 3,000,000 or municipalities or
park districts.
    Alcoholic liquors may be sold at retail in the Springfield
Administration Building of the Department of Transportation
and the Illinois State Armory in Springfield; provided, that
the controlling government authority may consent to such sales
only if
        a. the request is from a not-for-profit organization;
        b. such sales would not impede normal operations of the
    departments involved;
        c. the not-for-profit organization provides dram shop
    liability in maximum insurance coverage limits and agrees
    to defend, save harmless and indemnify the State of
    Illinois from all financial loss, damage or harm;
        d. no such sale shall be made during normal working
    hours of the State of Illinois; and
        e. the consent is in writing.
    Alcoholic liquors may be sold at retail in buildings in
recreational areas of river conservancy districts under the
control of, or leased from, the river conservancy districts.
Such sales are subject to reasonable local regulations as
provided in Article IV; however, no such regulations may
prohibit or substantially impair the sale of alcoholic liquors
on Sundays or Holidays.
    Alcoholic liquors may be provided in long term care
facilities owned or operated by a county under Division 5-21 or
5-22 of the Counties Code, when approved by the facility
operator and not in conflict with the regulations of the
Illinois Department of Public Health, to residents of the
facility who have had their consumption of the alcoholic
liquors provided approved in writing by a physician licensed to
practice medicine in all its branches.
    Alcoholic liquors may be delivered to and dispensed in
State housing assigned to employees of the Department of
Corrections. No person shall furnish or allow to be furnished
any alcoholic liquors to any prisoner confined in any jail,
reformatory, prison or house of correction except upon a
physician's prescription for medicinal purposes.
    Alcoholic liquors may be sold at retail or dispensed at the
Willard Ice Building in Springfield, at the State Library in
Springfield, and at Illinois State Museum facilities by (1) an
agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the
controlling government authority, or by (2) a not-for-profit
organization, provided that such organization:
        a. Obtains written consent from the controlling
    government authority;
        b. Sells or dispenses the alcoholic liquors in a manner
    that does not impair normal operations of State offices
    located in the building;
        c. Sells or dispenses alcoholic liquors only in
    connection with an official activity in the building;
        d. Provides, or its catering service provides, dram
    shop liability insurance in maximum coverage limits and in
    which the carrier agrees to defend, save harmless and
    indemnify the State of Illinois from all financial loss,
    damage or harm arising out of the selling or dispensing of
    alcoholic liquors.
    Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at authorized functions.
    The controlling government authority for the Willard Ice
Building in Springfield shall be the Director of the Department
of Revenue. The controlling government authority for Illinois
State Museum facilities shall be the Director of the Illinois
State Museum. The controlling government authority for the
State Library in Springfield shall be the Secretary of State.
    Alcoholic liquors may be delivered to and sold at retail or
dispensed at any facility, property or building under the
jurisdiction of the Historic Sites and Preservation Division of
the Historic Preservation Agency or the Abraham Lincoln
Presidential Library and Museum where the delivery, sale or
dispensing is by (1) an agency of the State, whether
legislative, judicial or executive, provided that such agency
first obtains written permission to sell or dispense alcoholic
liquors from a controlling government authority, or by (2) a
not-for-profit organization provided that such organization:
        a. Obtains written consent from the controlling
    government authority;
        b. Sells or dispenses the alcoholic liquors in a manner
    that does not impair normal workings of State offices or
    operations located at the facility, property or building;
        c. Sells or dispenses alcoholic liquors only in
    connection with an official activity of the not-for-profit
    organization in the facility, property or building;
        d. Provides, or its catering service provides, dram
    shop liability insurance in maximum coverage limits and in
    which the carrier agrees to defend, save harmless and
    indemnify the State of Illinois from all financial loss,
    damage or harm arising out of the selling or dispensing of
    alcoholic liquors.
    The controlling government authority for the Historic
Sites and Preservation Division of the Historic Preservation
Agency shall be the Director of the Historic Sites and
Preservation, and the controlling government authority for the
Abraham Lincoln Presidential Library and Museum shall be the
Director of the Abraham Lincoln Presidential Library and
Museum.
    Alcoholic liquors may be delivered to and sold at retail or
dispensed for consumption at the Michael Bilandic Building at
160 North LaSalle Street, Chicago IL 60601, after the normal
business hours of any day care or child care facility located
in the building, by (1) a commercial tenant or subtenant
conducting business on the premises under a lease made pursuant
to Section 405-315 of the Department of Central Management
Services Law (20 ILCS 405/405-315), provided that such tenant
or subtenant who accepts delivery of, sells, or dispenses
alcoholic liquors shall procure and maintain dram shop
liability insurance in maximum coverage limits and in which the
carrier agrees to defend, indemnify, and save harmless the
State of Illinois from all financial loss, damage, or harm
arising out of the delivery, sale, or dispensing of alcoholic
liquors, or by (2) an agency of the State, whether legislative,
judicial, or executive, provided that such agency first obtains
written permission to accept delivery of and sell or dispense
alcoholic liquors from the Director of Central Management
Services, or by (3) a not-for-profit organization, provided
that such organization:
        a. obtains written consent from the Department of
    Central Management Services;
        b. accepts delivery of and sells or dispenses the
    alcoholic liquors in a manner that does not impair normal
    operations of State offices located in the building;
        c. accepts delivery of and sells or dispenses alcoholic
    liquors only in connection with an official activity in the
    building; and
        d. provides, or its catering service provides, dram
    shop liability insurance in maximum coverage limits and in
    which the carrier agrees to defend, save harmless, and
    indemnify the State of Illinois from all financial loss,
    damage, or harm arising out of the selling or dispensing of
    alcoholic liquors.
    Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at functions authorized by the Director of
Central Management Services.
    Alcoholic liquors may be sold at retail or dispensed at the
James R. Thompson Center in Chicago, subject to the provisions
of Section 7.4 of the State Property Control Act, and 222 South
College Street in Springfield, Illinois by (1) a commercial
tenant or subtenant conducting business on the premises under a
lease or sublease made pursuant to Section 405-315 of the
Department of Central Management Services Law (20 ILCS
405/405-315), provided that such tenant or subtenant who sells
or dispenses alcoholic liquors shall procure and maintain dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, indemnify and save harmless
the State of Illinois from all financial loss, damage or harm
arising out of the sale or dispensing of alcoholic liquors, or
by (2) an agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the
Director of Central Management Services, or by (3) a
not-for-profit organization, provided that such organization:
        a. Obtains written consent from the Department of
    Central Management Services;
        b. Sells or dispenses the alcoholic liquors in a manner
    that does not impair normal operations of State offices
    located in the building;
        c. Sells or dispenses alcoholic liquors only in
    connection with an official activity in the building;
        d. Provides, or its catering service provides, dram
    shop liability insurance in maximum coverage limits and in
    which the carrier agrees to defend, save harmless and
    indemnify the State of Illinois from all financial loss,
    damage or harm arising out of the selling or dispensing of
    alcoholic liquors.
    Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at functions authorized by the Director of
Central Management Services.
    Alcoholic liquors may be sold or delivered at any facility
owned by the Illinois Sports Facilities Authority provided that
dram shop liability insurance has been made available in a
form, with such coverage and in such amounts as the Authority
reasonably determines is necessary.
    Alcoholic liquors may be sold at retail or dispensed at the
Rockford State Office Building by (1) an agency of the State,
whether legislative, judicial or executive, provided that such
agency first obtains written permission to sell or dispense
alcoholic liquors from the Department of Central Management
Services, or by (2) a not-for-profit organization, provided
that such organization:
        a. Obtains written consent from the Department of
    Central Management Services;
        b. Sells or dispenses the alcoholic liquors in a manner
    that does not impair normal operations of State offices
    located in the building;
        c. Sells or dispenses alcoholic liquors only in
    connection with an official activity in the building;
        d. Provides, or its catering service provides, dram
    shop liability insurance in maximum coverage limits and in
    which the carrier agrees to defend, save harmless and
    indemnify the State of Illinois from all financial loss,
    damage or harm arising out of the selling or dispensing of
    alcoholic liquors.
    Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at functions authorized by the Department of
Central Management Services.
    Alcoholic liquors may be sold or delivered in a building
that is owned by McLean County, situated on land owned by the
county in the City of Bloomington, and used by the McLean
County Historical Society if the sale or delivery is approved
by an ordinance adopted by the county board, and the
municipality in which the building is located may not prohibit
that sale or delivery, notwithstanding any other provision of
this Section. The regulation of the sale and delivery of
alcoholic liquor in a building that is owned by McLean County,
situated on land owned by the county, and used by the McLean
County Historical Society as provided in this paragraph is an
exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution of the power of a home rule municipality
to regulate that sale and delivery.
    Alcoholic liquors may be sold or delivered in any building
situated on land held in trust for any school district
organized under Article 34 of the School Code, if the building
is not used for school purposes and if the sale or delivery is
approved by the board of education.
    Alcoholic liquors may be sold or delivered in buildings
owned by the Community Building Complex Committee of Boone
County, Illinois if the person or facility selling or
dispensing the alcoholic liquor has provided dram shop
liability insurance with coverage and in amounts that the
Committee reasonably determines are necessary.
    Alcoholic liquors may be sold or delivered in the building
located at 1200 Centerville Avenue in Belleville, Illinois and
occupied by either the Belleville Area Special Education
District or the Belleville Area Special Services Cooperative.
    Alcoholic liquors may be delivered to and sold at the Louis
Joliet Renaissance Center, City Center Campus, located at 214
N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
Department facilities, Main Campus, located at 1215 Houbolt
Road, Joliet, owned by or under the control of Joliet Junior
College, Illinois Community College District No. 525.
    Alcoholic liquors may be delivered to and sold at the
building located at 446 East Hickory Avenue in Apple River,
Illinois, owned by the Apple River Fire Protection District,
and occupied by the Apple River Community Association if the
alcoholic liquor is sold or dispensed only in connection with
organized functions approved by the Apple River Community
Association for which the planned attendance is 20 or more
persons and if the person or facility selling or dispensing the
alcoholic liquor has provided dram shop liability insurance in
maximum limits so as to hold harmless the Apple River Fire
Protection District, the Village of Apple River, and the Apple
River Community Association from all financial loss, damage,
and harm.
(Source: P.A. 92-512, eff. 1-1-02; 92-583, eff. 6-26-02;
92-600, eff. 7-1-02; 93-19, eff. 6-20-03; 93-103, eff. 1-1-04;
93-627, eff. 6-1-04; 93-844, eff. 7-30-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/4/2005