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91_SB1550enr
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1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Sections 6-15 and 7-8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 3. The Alcoholism and Other Drug Abuse and
6 Dependency Act is amended by changing Section 15-10 as
7 follows:
8 (20 ILCS 301/15-10)
9 Sec. 15-10. Licensure categories. No person or program
10 may provide the services or conduct the activities described
11 in this Section without first obtaining a license therefor
12 from the Department. The Department shall, by rule, provide
13 licensure requirements for each of the following categories
14 of service:
15 (a) residential treatment for alcoholism and other
16 drug abuse and dependency.
17 (b) outpatient treatment for alcoholism and other
18 drug abuse and dependency.
19 (c) the screening, assessment, referral or tracking
20 of clients identified by the criminal justice system as
21 having indications of alcoholism or other drug abuse or
22 dependency.
23 (d) D.U.I. evaluation services for Illinois courts
24 and the Secretary of State.
25 (e) D.U.I. remedial education services for Illinois
26 courts or the Secretary of State.
27 (f) persons providing education and training to
28 beverage alcohol servers and sellers, as defined by the
29 Department.
30 The Department may, under procedures established by rule
31 and upon a showing of good cause for such, exempt off-site
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1 services from having to obtain a separate license for
2 services conducted away from the provider's primary service
3 location.
4 (Source: P.A. 88-80.)
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Sections 6-15 and 7-8 as follows:
7 (235 ILCS 5/3-12) (from Ch. 43, par. 108)
8 Sec. 3-12. Powers and duties of State Commission.
9 (a) The State commission shall have the following
10 powers, functions and duties:
11 (1) To receive applications and to issue licenses to
12 manufacturers, foreign importers, importing distributors,
13 distributors, non-resident dealers, on premise consumption
14 retailers, off premise sale retailers, special event retailer
15 licensees, special use permit licenses, auction liquor
16 licenses, brew pubs, caterer retailers, non-beverage users,
17 railroads, including owners and lessees of sleeping, dining
18 and cafe cars, airplanes, boats, brokers, and wine maker's
19 retail licensees in accordance with the provisions of this
20 Act, and to suspend or revoke such licenses upon the State
21 commission's determination, upon notice after hearing, that a
22 licensee has violated any provision of this Act or any rule
23 or regulation issued pursuant thereto and in effect for 30
24 days prior to such violation.
25 In lieu of suspending or revoking a license, the
26 commission may impose a fine, upon the State commission's
27 determination and notice after hearing, that a licensee has
28 violated any provision of this Act or any rule or regulation
29 issued pursuant thereto and in effect for 30 days prior to
30 such violation. The fine imposed under this paragraph may
31 not exceed $500 for each violation. Each day that the
32 activity, which gave rise to the original fine, continues is
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1 a separate violation. The maximum fine that may be levied
2 against any licensee, for the period of the license, shall
3 not exceed $20,000. The maximum penalty that may be imposed
4 on a licensee for selling a bottle of alcoholic liquor with a
5 foreign object in it or serving from a bottle of alcoholic
6 liquor with a foreign object in it shall be the destruction
7 of that bottle of alcoholic liquor for the first 10 bottles
8 so sold or served from by the licensee. For the eleventh
9 bottle of alcoholic liquor and for each third bottle
10 thereafter sold or served from by the licensee with a foreign
11 object in it, the maximum penalty that may be imposed on the
12 licensee is the destruction of the bottle of alcoholic liquor
13 and a fine of up to $50.
14 (2) To adopt such rules and regulations consistent with
15 the provisions of this Act which shall be necessary to carry
16 on its functions and duties to the end that the health,
17 safety and welfare of the People of the State of Illinois
18 shall be protected and temperance in the consumption of
19 alcoholic liquors shall be fostered and promoted and to
20 distribute copies of such rules and regulations to all
21 licensees affected thereby.
22 (3) To call upon other administrative departments of the
23 State, county and municipal governments, county and city
24 police departments and upon prosecuting officers for such
25 information and assistance as it deems necessary in the
26 performance of its duties.
27 (4) To recommend to local commissioners rules and
28 regulations, not inconsistent with the law, for the
29 distribution and sale of alcoholic liquors throughout the
30 State.
31 (5) To inspect, or cause to be inspected, any premises
32 in this State where alcoholic liquors are manufactured,
33 distributed, warehoused, or sold.
34 (5.1) Upon receipt of a complaint or upon having
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1 knowledge that any person is engaged in business as a
2 manufacturer, importing distributor, distributor, or retailer
3 without a license or valid license, to notify the local
4 liquor authority, file a complaint with the State's
5 Attorney's Office of the county where the incident occurred,
6 or initiate an investigation with the appropriate law
7 enforcement officials.
8 (5.2) To issue a cease and desist notice to persons
9 shipping alcoholic liquor into this State from a point
10 outside of this State if the shipment is in violation of this
11 Act.
12 (5.3) To receive complaints from licensees, local
13 officials, law enforcement agencies, organizations, and
14 persons stating that any licensee has been or is violating
15 any provision of this Act or the rules and regulations issued
16 pursuant to this Act. Such complaints shall be in writing,
17 signed and sworn to by the person making the complaint, and
18 shall state with specificity the facts in relation to the
19 alleged violation. If the Commission has reasonable grounds
20 to believe that the complaint substantially alleges a
21 violation of this Act or rules and regulations adopted
22 pursuant to this Act, it shall conduct an investigation. If,
23 after conducting an investigation, the Commission is
24 satisfied that the alleged violation did occur, it shall
25 proceed with disciplinary action against the licensee as
26 provided in this Act.
27 (6) To hear and determine appeals from orders of a local
28 commission in accordance with the provisions of this Act, as
29 hereinafter set forth. Hearings under this subsection shall
30 be held in Springfield or Chicago, at whichever location is
31 the more convenient for the majority of persons who are
32 parties to the hearing.
33 (7) The commission shall establish uniform systems of
34 accounts to be kept by all retail licensees having more than
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1 4 employees, and for this purpose the commission may classify
2 all retail licensees having more than 4 employees and
3 establish a uniform system of accounts for each class and
4 prescribe the manner in which such accounts shall be kept.
5 The commission may also prescribe the forms of accounts to be
6 kept by all retail licensees having more than 4 employees,
7 including but not limited to accounts of earnings and
8 expenses and any distribution, payment, or other distribution
9 of earnings or assets, and any other forms, records and
10 memoranda which in the judgment of the commission may be
11 necessary or appropriate to carry out any of the provisions
12 of this Act, including but not limited to such forms, records
13 and memoranda as will readily and accurately disclose at all
14 times the beneficial ownership of such retail licensed
15 business. The accounts, forms, records and memoranda shall
16 be available at all reasonable times for inspection by
17 authorized representatives of the State commission or by any
18 local liquor control commissioner or his or her authorized
19 representative. The commission, may, from time to time,
20 alter, amend or repeal, in whole or in part, any uniform
21 system of accounts, or the form and manner of keeping
22 accounts.
23 (8) In the conduct of any hearing authorized to be held
24 by the commission, to examine, or cause to be examined, under
25 oath, any licensee, and to examine or cause to be examined
26 the books and records of such licensee; to hear testimony and
27 take proof material for its information in the discharge of
28 its duties hereunder; to administer or cause to be
29 administered oaths; and for any such purpose to issue
30 subpoena or subpoenas to require the attendance of witnesses
31 and the production of books, which shall be effective in any
32 part of this State.
33 Any Circuit Court may by order duly entered, require the
34 attendance of witnesses and the production of relevant books
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1 subpoenaed by the State commission and the court may compel
2 obedience to its order by proceedings for contempt.
3 (9) To investigate the administration of laws in
4 relation to alcoholic liquors in this and other states and
5 any foreign countries, and to recommend from time to time to
6 the Governor and through him or her to the legislature of
7 this State, such amendments to this Act, if any, as it may
8 think desirable and as will serve to further the general
9 broad purposes contained in Section 1-2 hereof.
10 (10) To adopt such rules and regulations consistent with
11 the provisions of this Act which shall be necessary for the
12 control, sale or disposition of alcoholic liquor damaged as a
13 result of an accident, wreck, flood, fire or other similar
14 occurrence.
15 (11) To develop industry educational programs related to
16 responsible serving and selling, particularly in the areas of
17 overserving consumers and illegal underage purchasing and
18 consumption of alcoholic beverages.
19 (11.1) To license persons providing education and
20 training to alcohol beverage sellers and servers under the
21 Beverage Alcohol Sellers and Servers Education and Training
22 (BASSET) programs and to develop and administer a public
23 awareness program in Illinois to reduce or eliminate the
24 illegal purchase and consumption of alcoholic beverage
25 products by persons under the age of 21. Application for a
26 license shall be made on forms provided by the State
27 Commission.
28 (12) To develop and maintain a repository of license and
29 regulatory information.
30 (13) On or before January 15, 1994, the Commission shall
31 issue a written report to the Governor and General Assembly
32 that is to be based on a comprehensive study of the impact on
33 and implications for the State of Illinois of Section 1926 of
34 the Federal ADAMHA Reorganization Act of 1992 (Public Law
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1 102-321). This study shall address the extent to which
2 Illinois currently complies with the provisions of P.L.
3 102-321 and the rules promulgated pursuant thereto.
4 As part of its report, the Commission shall provide the
5 following essential information:
6 (i) the number of retail distributors of tobacco
7 products, by type and geographic area, in the State;
8 (ii) the number of reported citations and
9 successful convictions, categorized by type and location
10 of retail distributor, for violation of the Sale of
11 Tobacco to Minors Act and the Smokeless Tobacco
12 Limitation Act;
13 (iii) the extent and nature of organized
14 educational and governmental activities that are intended
15 to promote, encourage or otherwise secure compliance with
16 any Illinois laws that prohibit the sale or distribution
17 of tobacco products to minors; and
18 (iv) the level of access and availability of
19 tobacco products to individuals under the age of 18.
20 To obtain the data necessary to comply with the
21 provisions of P.L. 102-321 and the requirements of this
22 report, the Commission shall conduct random, unannounced
23 inspections of a geographically and scientifically
24 representative sample of the State's retail tobacco
25 distributors.
26 The Commission shall consult with the Department of
27 Public Health, the Department of Human Services, the Illinois
28 State Police and any other executive branch agency, and
29 private organizations that may have information relevant to
30 this report.
31 The Commission may contract with the Food and Drug
32 Administration of the U.S. Department of Health and Human
33 Services to conduct unannounced investigations of Illinois
34 tobacco vendors to determine compliance with federal laws
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1 relating to the illegal sale of cigarettes and smokeless
2 tobacco products to persons under the age of 18.
3 (b) On or before April 30, 1999, the Commission shall
4 present a written report to the Governor and the General
5 Assembly that shall be based on a study of the impact of this
6 amendatory Act of 1998 on the business of soliciting,
7 selling, and shipping alcoholic liquor from outside of this
8 State directly to residents of this State.
9 As part of its report, the Commission shall provide the
10 following information:
11 (i) the amount of State excise and sales tax
12 revenues generated as a result of this amendatory Act of
13 1998;
14 (ii) the amount of licensing fees received as a
15 result of this amendatory Act of 1998;
16 (iii) the number of reported violations, the number
17 of cease and desist notices issued by the Commission, the
18 number of notices of violations issued to the Department
19 of Revenue, and the number of notices and complaints of
20 violations to law enforcement officials.
21 (Source: P.A. 90-9, eff. 7-1-97; 90-432, eff. 1-1-98; 90-655,
22 eff. 7-30-98; 90-739, eff. 8-13-98; 91-553, eff. 8-14-99.)
23 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
24 Sec. 6-15. No alcoholic liquors shall be sold or
25 delivered in any building belonging to or under the control
26 of the State or any political subdivision thereof except as
27 provided in this Act. The corporate authorities of any city,
28 village, incorporated town or township may provide by
29 ordinance, however, that alcoholic liquor may be sold or
30 delivered in any specifically designated building belonging
31 to or under the control of the municipality or township, or
32 in any building located on land under the control of the
33 municipality; provided that such township complies with all
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1 applicable local ordinances in any incorporated area of the
2 township. Alcoholic liquors may be delivered to and sold at
3 any airport belonging to or under the control of a
4 municipality of more than 25,000 inhabitants, or in any
5 building owned by a park district organized under the Park
6 District Code, subject to the approval of the governing board
7 of the district, or in any building or on any golf course
8 owned by a forest preserve district organized under the
9 Downstate Forest Preserve District Act, subject to the
10 approval of the governing board of the district, or on the
11 grounds within 500 feet of any building owned by a forest
12 preserve district organized under the Downstate Forest
13 Preserve District Act during times when food is dispensed for
14 consumption within 500 feet of the building from which the
15 food is dispensed, subject to the approval of the governing
16 board of the district, or in a building owned by a Local Mass
17 Transit District organized under the Local Mass Transit
18 District Act, subject to the approval of the governing Board
19 of the District, or in Bicentennial Park, or on the premises
20 of the City of Mendota Lake Park located adjacent to Route 51
21 in Mendota, Illinois, or on the premises of Camden Park in
22 Milan, Illinois, or in the community center owned by the City
23 of Loves Park that is located at 1000 River Park Drive in
24 Loves Park, Illinois, or, in connection with the operation of
25 an established food serving facility during times when food
26 is dispensed for consumption on the premises, and at the
27 following aquarium and museums located in public parks: Art
28 Institute of Chicago, Chicago Academy of Sciences, Chicago
29 Historical Society, Field Museum of Natural History, Museum
30 of Science and Industry, DuSable Museum of African American
31 History, John G. Shedd Aquarium and Adler Planetarium, or at
32 Lakeview Museum of Arts and Sciences in Peoria, or in
33 connection with the operation of the facilities of the
34 Chicago Zoological Society or the Chicago Horticultural
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1 Society on land owned by the Forest Preserve District of Cook
2 County, or in any building located on land owned by the
3 Chicago Park District if approved by the Park District
4 Commissioners, or on any land used for a golf course or for
5 recreational purposes and owned by the Illinois International
6 Port District if approved by the District's governing board,
7 or at any airport, golf course, faculty center, or facility
8 in which conference and convention type activities take place
9 belonging to or under control of any State university or
10 public community college district, provided that with respect
11 to a facility for conference and convention type activities
12 alcoholic liquors shall be limited to the use of the
13 convention or conference participants or participants in
14 cultural, political or educational activities held in such
15 facilities, and provided further that the faculty or staff of
16 the State university or a public community college district,
17 or members of an organization of students, alumni, faculty or
18 staff of the State university or a public community college
19 district are active participants in the conference or
20 convention, or by a catering establishment which has rented
21 facilities from a board of trustees of a public community
22 college district, or, if approved by the District board, on
23 land owned by the Metropolitan Sanitary District of Greater
24 Chicago and leased to others for a term of at least 20 years.
25 Nothing in this Section precludes the sale or delivery of
26 alcoholic liquor in the form of original packaged goods in
27 premises located at 500 S. Racine in Chicago belonging to the
28 University of Illinois and used primarily as a grocery store
29 by a commercial tenant during the term of a lease that
30 predates the University's acquisition of the premises; but
31 the University shall have no power or authority to renew,
32 transfer, or extend the lease with terms allowing the sale of
33 alcoholic liquor; and the sale of alcoholic liquor shall be
34 subject to all local laws and regulations. After the
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1 acquisition by Winnebago County of the property located at
2 404 Elm Street in Rockford, a commercial tenant who sold
3 alcoholic liquor at retail on a portion of the property under
4 a valid license at the time of the acquisition may continue
5 to do so for so long as the tenant and the County may agree
6 under existing or future leases, subject to all local laws
7 and regulations regarding the sale of alcoholic liquor. Each
8 facility shall provide dram shop liability in maximum
9 insurance coverage limits so as to save harmless the State,
10 municipality, State university, airport, golf course, faculty
11 center, facility in which conference and convention type
12 activities take place, park district, Forest Preserve
13 District, public community college district, aquarium,
14 museum, or sanitary district from all financial loss, damage
15 or harm. Alcoholic liquors may be sold at retail in buildings
16 of golf courses owned by municipalities in connection with
17 the operation of an established food serving facility during
18 times when food is dispensed for consumption upon the
19 premises. Alcoholic liquors may be delivered to and sold at
20 retail in any building owned by a fire protection district
21 organized under the Fire Protection District Act, provided
22 that such delivery and sale is approved by the board of
23 trustees of the district, and provided further that such
24 delivery and sale is limited to fundraising events and to a
25 maximum of 6 events per year.
26 Alcoholic liquor may be delivered to and sold at retail
27 in the Dorchester Senior Business Center owned by the Village
28 of Dolton if the alcoholic liquor is sold or dispensed only
29 in connection with organized functions for which the planned
30 attendance is 20 or more persons, and if the person or
31 facility selling or dispensing the alcoholic liquor has
32 provided dram shop liability insurance in maximum limits so
33 as to hold harmless the Village of Dolton and the State from
34 all financial loss, damage and harm.
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1 Alcoholic liquors may be delivered to and sold at retail
2 in any building used as an Illinois State Armory provided:
3 (i) the Adjutant General's written consent to the
4 issuance of a license to sell alcoholic liquor in such
5 building is filed with the Commission;
6 (ii) the alcoholic liquor is sold or dispensed only
7 in connection with organized functions held on special
8 occasions;
9 (iii) the organized function is one for which the
10 planned attendance is 25 or more persons; and
11 (iv) the facility selling or dispensing the
12 alcoholic liquors has provided dram shop liability
13 insurance in maximum limits so as to save harmless the
14 facility and the State from all financial loss, damage or
15 harm.
16 Alcoholic liquors may be delivered to and sold at retail
17 in the Chicago Civic Center, provided that:
18 (i) the written consent of the Public Building
19 Commission which administers the Chicago Civic Center is
20 filed with the Commission;
21 (ii) the alcoholic liquor is sold or dispensed only
22 in connection with organized functions held on special
23 occasions;
24 (iii) the organized function is one for which the
25 planned attendance is 25 or more persons;
26 (iv) the facility selling or dispensing the
27 alcoholic liquors has provided dram shop liability
28 insurance in maximum limits so as to hold harmless the
29 Civic Center, the City of Chicago and the State from all
30 financial loss, damage or harm; and
31 (v) all applicable local ordinances are complied
32 with.
33 Alcoholic liquors may be delivered or sold in any
34 building belonging to or under the control of any city,
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1 village or incorporated town where more than 75% of the
2 physical properties of the building is used for commercial or
3 recreational purposes, and the building is located upon a
4 pier extending into or over the waters of a navigable lake or
5 stream or on the shore of a navigable lake or stream.
6 Alcoholic liquor may be sold in buildings under the control
7 of the Department of Natural Resources when written consent
8 to the issuance of a license to sell alcoholic liquor in such
9 buildings is filed with the Commission by the Department of
10 Natural Resources. Notwithstanding any other provision of
11 this Act, alcoholic liquor sold by a United States Army Corps
12 of Engineers or Department of Natural Resources
13 concessionaire who was operating on June 1, 1991 for
14 on-premises consumption only is not subject to the provisions
15 of Articles IV and IX. Beer and wine may be sold on the
16 premises of the Joliet Park District Stadium owned by the
17 Joliet Park District when written consent to the issuance of
18 a license to sell beer and wine in such premises is filed
19 with the local liquor commissioner by the Joliet Park
20 District. Beer and wine may be sold in buildings on the
21 grounds of State veterans' homes when written consent to the
22 issuance of a license to sell beer and wine in such buildings
23 is filed with the Commission by the Department of Veterans'
24 Affairs, and the facility shall provide dram shop liability
25 in maximum insurance coverage limits so as to save the
26 facility harmless from all financial loss, damage or harm.
27 Such liquors may be delivered to and sold at any property
28 owned or held under lease by a Metropolitan Pier and
29 Exposition Authority or Metropolitan Exposition and
30 Auditorium Authority.
31 Beer and wine may be sold and dispensed at professional
32 sporting events and at professional concerts and other
33 entertainment events conducted on premises owned by the
34 Forest Preserve District of Kane County, subject to the
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1 control of the District Commissioners and applicable local
2 law, provided that dram shop liability insurance is provided
3 at maximum coverage limits so as to hold the District
4 harmless from all financial loss, damage and harm.
5 Nothing in this Section shall preclude the sale or
6 delivery of beer and wine at a State or county fair or the
7 sale or delivery of beer or wine at a city fair in any
8 otherwise lawful manner.
9 Alcoholic liquors may be sold at retail in buildings in
10 State parks under the control of the Department of Natural
11 Resources, provided:
12 a. the State park has overnight lodging facilities
13 with some restaurant facilities or, not having overnight
14 lodging facilities, has restaurant facilities which serve
15 complete luncheon and dinner or supper meals,
16 b. consent to the issuance of a license to sell
17 alcoholic liquors in the buildings has been filed with
18 the commission by the Department of Natural Resources,
19 and
20 c. the alcoholic liquors are sold by the State park
21 lodge or restaurant concessionaire only during the hours
22 from 11 o'clock a.m. until 12 o'clock midnight.
23 Notwithstanding any other provision of this Act,
24 alcoholic liquor sold by the State park or restaurant
25 concessionaire is not subject to the provisions of
26 Articles IV and IX.
27 Alcoholic liquors may be sold at retail in buildings on
28 properties under the control of the Historic Preservation
29 Agency provided:
30 a. the property has overnight lodging facilities
31 with some restaurant facilities or, not having overnight
32 lodging facilities, has restaurant facilities which serve
33 complete luncheon and dinner or supper meals,
34 b. consent to the issuance of a license to sell
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1 alcoholic liquors in the buildings has been filed with
2 the commission by the Historic Preservation Agency, and
3 c. the alcoholic liquors are sold by the lodge or
4 restaurant concessionaire only during the hours from 11
5 o'clock a.m. until 12 o'clock midnight.
6 The sale of alcoholic liquors pursuant to this Section
7 does not authorize the establishment and operation of
8 facilities commonly called taverns, saloons, bars, cocktail
9 lounges, and the like except as a part of lodge and
10 restaurant facilities in State parks or golf courses owned by
11 Forest Preserve Districts with a population of less than
12 3,000,000 or municipalities or park districts.
13 Alcoholic liquors may be sold at retail in the
14 Springfield Administration Building of the Department of
15 Transportation and the Illinois State Armory in Springfield;
16 provided, that the controlling government authority may
17 consent to such sales only if
18 a. the request is from a not-for-profit
19 organization;
20 b. such sales would not impede normal operations of
21 the departments involved;
22 c. the not-for-profit organization provides dram
23 shop liability in maximum insurance coverage limits and
24 agrees to defend, save harmless and indemnify the State
25 of Illinois from all financial loss, damage or harm;
26 d. no such sale shall be made during normal working
27 hours of the State of Illinois; and
28 e. the consent is in writing.
29 Alcoholic liquors may be sold at retail in buildings in
30 recreational areas of river conservancy districts under the
31 control of, or leased from, the river conservancy districts.
32 Such sales are subject to reasonable local regulations as
33 provided in Article IV; however, no such regulations may
34 prohibit or substantially impair the sale of alcoholic
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1 liquors on Sundays or Holidays.
2 Alcoholic liquors may be provided in long term care
3 facilities owned or operated by a county under Division 5-21
4 or 5-22 of the Counties Code, when approved by the facility
5 operator and not in conflict with the regulations of the
6 Illinois Department of Public Health, to residents of the
7 facility who have had their consumption of the alcoholic
8 liquors provided approved in writing by a physician licensed
9 to practice medicine in all its branches.
10 Alcoholic liquors may be delivered to and dispensed in
11 State housing assigned to employees of the Department of
12 Corrections. No person shall furnish or allow to be furnished
13 any alcoholic liquors to any prisoner confined in any jail,
14 reformatory, prison or house of correction except upon a
15 physician's prescription for medicinal purposes.
16 Alcoholic liquors may be sold at retail or dispensed at
17 the Willard Ice Building in Springfield, at the State Library
18 in Springfield, and at Illinois State Museum facilities by
19 (1) an agency of the State, whether legislative, judicial or
20 executive, provided that such agency first obtains written
21 permission to sell or dispense alcoholic liquors from the
22 controlling government authority, or by (2) a not-for-profit
23 organization, provided that such organization:
24 a. Obtains written consent from the controlling
25 government authority;
26 b. Sells or dispenses the alcoholic liquors in a
27 manner that does not impair normal operations of State
28 offices located in the building;
29 c. Sells or dispenses alcoholic liquors only in
30 connection with an official activity in the 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,
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1 damage or harm arising out of the selling or dispensing
2 of alcoholic liquors.
3 Nothing in this Act shall prevent a not-for-profit
4 organization or agency of the State from employing the
5 services of a catering establishment for the selling or
6 dispensing of alcoholic liquors at authorized functions.
7 The controlling government authority for the Willard Ice
8 Building in Springfield shall be the Director of the
9 Department of Revenue. The controlling government authority
10 for Illinois State Museum facilities shall be the Director of
11 the Illinois State Museum. The controlling government
12 authority for the State Library in Springfield shall be the
13 Secretary of State.
14 Alcoholic liquors may be delivered to and sold at retail
15 or dispensed at any facility, property or building under the
16 jurisdiction of the Historic Preservation Agency where the
17 delivery, sale or dispensing is by (1) an agency of the
18 State, whether legislative, judicial or executive, provided
19 that such agency first obtains written permission to sell or
20 dispense alcoholic liquors from a controlling government
21 authority, or by (2) a not-for-profit organization provided
22 that such organization:
23 a. Obtains written consent from the controlling
24 government authority;
25 b. Sells or dispenses the alcoholic liquors in a
26 manner that does not impair normal workings of State
27 offices or operations located at the facility, property
28 or building;
29 c. Sells or dispenses alcoholic liquors only in
30 connection with an official activity of the
31 not-for-profit organization in the facility, property or
32 building;
33 d. Provides, or its catering service provides, dram
34 shop liability insurance in maximum coverage limits and
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1 in which the carrier agrees to defend, save harmless and
2 indemnify the State of Illinois from all financial loss,
3 damage or harm arising out of the selling or dispensing
4 of alcoholic liquors.
5 The controlling government authority for the Historic
6 Preservation Agency shall be the Director of the Historic
7 Preservation Agency.
8 Alcoholic liquors may be sold at retail or dispensed at
9 the James R. Thompson Center in Chicago and 222 South College
10 Street in Springfield, Illinois by (1) a commercial tenant or
11 subtenant conducting business on the premises under a lease
12 made pursuant to Section 405-315 of the Department of Central
13 Management Services Law (20 ILCS 405/405-315), provided that
14 such tenant or subtenant who sells or dispenses alcoholic
15 liquors shall procure and maintain dram shop liability
16 insurance in maximum coverage limits and in which the carrier
17 agrees to defend, indemnify and save harmless the State of
18 Illinois from all financial loss, damage or harm arising out
19 of the sale or dispensing of alcoholic liquors, or by (2) an
20 agency of the State, whether legislative, judicial or
21 executive, provided that such agency first obtains written
22 permission to sell or dispense alcoholic liquors from the
23 Director of Central Management Services, or by (3) a
24 not-for-profit organization, provided that such organization:
25 a. Obtains written consent from the Department of
26 Central Management Services;
27 b. Sells or dispenses the alcoholic liquors in a
28 manner that does not impair normal operations of State
29 offices located in the building;
30 c. Sells or dispenses alcoholic liquors only in
31 connection with an official activity in the building;
32 d. Provides, or its catering service provides, dram
33 shop liability insurance in maximum coverage limits and
34 in which the carrier agrees to defend, save harmless and
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1 indemnify the State of Illinois from all financial loss,
2 damage or harm arising out of the selling or dispensing
3 of alcoholic liquors.
4 Nothing in this Act shall prevent a not-for-profit
5 organization or agency of the State from employing the
6 services of a catering establishment for the selling or
7 dispensing of alcoholic liquors at functions authorized by
8 the Director of Central Management Services.
9 Alcoholic liquors may be sold or delivered at any
10 facility owned by the Illinois Sports Facilities Authority
11 provided that dram shop liability insurance has been made
12 available in a form, with such coverage and in such amounts
13 as the Authority reasonably determines is necessary.
14 Alcoholic liquors may be sold at retail or dispensed at
15 the Rockford State Office Building 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 the Department of Central
19 Management Services, or by (2) a not-for-profit organization,
20 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
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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 Department of Central Management Services.
5 Alcoholic liquors may be sold or delivered in a building
6 that is owned by McLean County, situated on land owned by the
7 county in the City of Bloomington, and used by the McLean
8 County Historical Society if the sale or delivery is approved
9 by an ordinance adopted by the county board, and the
10 municipality in which the building is located may not
11 prohibit that sale or delivery, notwithstanding any other
12 provision of this Section. The regulation of the sale and
13 delivery of alcoholic liquor in a building that is owned by
14 McLean County, situated on land owned by the county, and used
15 by the McLean County Historical Society as provided in this
16 paragraph is an exclusive power and function of the State and
17 is a denial and limitation under Article VII, Section 6,
18 subsection (h) of the Illinois Constitution of the power of a
19 home rule municipality to regulate that sale and delivery.
20 Alcoholic liquors may be sold or delivered in any
21 building situated on land held in trust for any school
22 district organized under Article 34 of the School Code, if
23 the building is not used for school purposes and if the sale
24 or delivery is approved by the board of education.
25 Alcoholic liquors may be sold or delivered in buildings
26 owned by the Community Building Complex Committee of Boone
27 County, Illinois if the person or facility selling or
28 dispensing the alcoholic liquor has provided dram shop
29 liability insurance with coverage and in amounts that the
30 Committee reasonably determines are necessary.
31 Alcoholic liquors may be sold or delivered in the
32 building located at 1200 Centerville Avenue in Belleville,
33 Illinois and occupied by either the Belleville Area Special
34 Education District or the Belleville Area Special Services
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1 Cooperative.
2 (Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00.)
3 (235 ILCS 5/7-8) (from Ch. 43, par. 152)
4 Sec. 7-8. For each city, village or incorporated town
5 having a population of 500,000 or more inhabitants, there is
6 established a license appeal commission consisting of the
7 chairman of the Illinois Liquor Control Commission, the most
8 senior member of the Illinois Liquor Control Commission who
9 is not of the same political party as the chairman, and one
10 person who is a resident of the particular city, village or
11 incorporated town selected by the council or president and
12 board of trustees, as the case may be, who shall serve for a
13 term of 4 years and until his successor is selected and takes
14 office. Neither the mayor, president of the board of
15 trustees, nor any member of the council or board of trustees
16 shall be eligible for membership on a license appeal
17 commission. Each of the 2 members of the Illinois Liquor
18 Control Commission shall receive a $200 $100 per diem for
19 their work on the license appeal commission, and the other
20 member shall receive an annual salary which shall be paid by
21 the particular city, village or incorporated town. The
22 secretary of the Illinois Liquor Control Commission shall be
23 ex-officio the secretary for each license appeal commission.
24 (Source: P.A. 84-1282.)
25 (235 ILCS 5/6-27) (from Ch. 43, par. 144c)
26 Sec. 6-27. Licensing of seller and server education
27 programs.
28 (a) Any program designed to educate or train employees
29 who sell or serve alcoholic beverages at retail to identify
30 and address persons displaying problems with alcohol misuse
31 or abuse shall be licensed by the State Commission Department
32 of Human Services.
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1 (b) A seller and server education program license in
2 effect on the effective date of this amendatory Act of the
3 91st General Assembly shall remain in effect until June 30,
4 2000.
5 (Source: P.A. 89-507, eff. 7-1-97.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.
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