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91_SB1550eng
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1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 6-15.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Section 6-15 as follows:
7 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
8 Sec. 6-15. No alcoholic liquors shall be sold or
9 delivered in any building belonging to or under the control
10 of the State or any political subdivision thereof except as
11 provided in this Act. The corporate authorities of any city,
12 village, incorporated town or township may provide by
13 ordinance, however, that alcoholic liquor may be sold or
14 delivered in any specifically designated building belonging
15 to or under the control of the municipality or township, or
16 in any building located on land under the control of the
17 municipality; provided that such township complies with all
18 applicable local ordinances in any incorporated area of the
19 township. Alcoholic liquors may be delivered to and sold at
20 any airport belonging to or under the control of a
21 municipality of more than 25,000 inhabitants, or in any
22 building owned by a park district organized under the Park
23 District Code, subject to the approval of the governing board
24 of the district, or in any building or on any golf course
25 owned by a forest preserve district organized under the
26 Downstate Forest Preserve District Act, subject to the
27 approval of the governing board of the district, or on the
28 grounds within 500 feet of any building owned by a forest
29 preserve district organized under the Downstate Forest
30 Preserve District Act during times when food is dispensed for
31 consumption within 500 feet of the building from which the
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1 food is dispensed, subject to the approval of the governing
2 board of the district, or in a building owned by a Local Mass
3 Transit District organized under the Local Mass Transit
4 District Act, subject to the approval of the governing Board
5 of the District, or in Bicentennial Park, or on the premises
6 of the City of Mendota Lake Park located adjacent to Route 51
7 in Mendota, Illinois, or on the premises of Camden Park in
8 Milan, Illinois, or in the community center owned by the City
9 of Loves Park that is located at 1000 River Park Drive in
10 Loves Park, Illinois, or, in connection with the operation of
11 an established food serving facility during times when food
12 is dispensed for consumption on the premises, and at the
13 following aquarium and museums located in public parks: Art
14 Institute of Chicago, Chicago Academy of Sciences, Chicago
15 Historical Society, Field Museum of Natural History, Museum
16 of Science and Industry, DuSable Museum of African American
17 History, John G. Shedd Aquarium and Adler Planetarium, or at
18 Lakeview Museum of Arts and Sciences in Peoria, or in
19 connection with the operation of the facilities of the
20 Chicago Zoological Society or the Chicago Horticultural
21 Society on land owned by the Forest Preserve District of Cook
22 County, or in any building located on land owned by the
23 Chicago Park District if approved by the Park District
24 Commissioners, or on any land used for a golf course or for
25 recreational purposes and owned by the Illinois International
26 Port District if approved by the District's governing board,
27 or at any airport, golf course, faculty center, or facility
28 in which conference and convention type activities take place
29 belonging to or under control of any State university or
30 public community college district, provided that with respect
31 to a facility for conference and convention type activities
32 alcoholic liquors shall be limited to the use of the
33 convention or conference participants or participants in
34 cultural, political or educational activities held in such
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1 facilities, and provided further that the faculty or staff of
2 the State university or a public community college district,
3 or members of an organization of students, alumni, faculty or
4 staff of the State university or a public community college
5 district are active participants in the conference or
6 convention, or by a catering establishment which has rented
7 facilities from a board of trustees of a public community
8 college district, or, if approved by the District board, on
9 land owned by the Metropolitan Sanitary District of Greater
10 Chicago and leased to others for a term of at least 20 years.
11 Nothing in this Section precludes the sale or delivery of
12 alcoholic liquor in the form of original packaged goods in
13 premises located at 500 S. Racine in Chicago belonging to the
14 University of Illinois and used primarily as a grocery store
15 by a commercial tenant during the term of a lease that
16 predates the University's acquisition of the premises; but
17 the University shall have no power or authority to renew,
18 transfer, or extend the lease with terms allowing the sale of
19 alcoholic liquor; and the sale of alcoholic liquor shall be
20 subject to all local laws and regulations. After the
21 acquisition by Winnebago County of the property located at
22 404 Elm Street in Rockford, a commercial tenant who sold
23 alcoholic liquor at retail on a portion of the property under
24 a valid license at the time of the acquisition may continue
25 to do so for so long as the tenant and the County may agree
26 under existing or future leases, subject to all local laws
27 and regulations regarding the sale of alcoholic liquor. Each
28 facility shall provide dram shop liability in maximum
29 insurance coverage limits so as to save harmless the State,
30 municipality, State university, airport, golf course, faculty
31 center, facility in which conference and convention type
32 activities take place, park district, Forest Preserve
33 District, public community college district, aquarium,
34 museum, or sanitary district from all financial loss, damage
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1 or harm. Alcoholic liquors may be sold at retail in buildings
2 of golf courses owned by municipalities in connection with
3 the operation of an established food serving facility during
4 times when food is dispensed for consumption upon the
5 premises. Alcoholic liquors may be delivered to and sold at
6 retail in any building owned by a fire protection district
7 organized under the Fire Protection District Act, provided
8 that such delivery and sale is approved by the board of
9 trustees of the district, and provided further that such
10 delivery and sale is limited to fundraising events and to a
11 maximum of 6 events per year.
12 Alcoholic liquor may be delivered to and sold at retail
13 in the Dorchester Senior Business Center owned by the Village
14 of Dolton if the alcoholic liquor is sold or dispensed only
15 in connection with organized functions for which the planned
16 attendance is 20 or more persons, and if the person or
17 facility selling or dispensing the alcoholic liquor has
18 provided dram shop liability insurance in maximum limits so
19 as to hold harmless the Village of Dolton and the State from
20 all financial loss, damage and harm.
21 Alcoholic liquors may be delivered to and sold at retail
22 in any building used as an Illinois State Armory provided:
23 (i) the Adjutant General's written consent to the
24 issuance of a license to sell alcoholic liquor in such
25 building is filed with the Commission;
26 (ii) the alcoholic liquor is sold or dispensed only
27 in connection with organized functions held on special
28 occasions;
29 (iii) the organized function is one for which the
30 planned attendance is 25 or more persons; and
31 (iv) the facility selling or dispensing the
32 alcoholic liquors has provided dram shop liability
33 insurance in maximum limits so as to save harmless the
34 facility and the State from all financial loss, damage or
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1 harm.
2 Alcoholic liquors may be delivered to and sold at retail
3 in the Chicago Civic Center, provided that:
4 (i) the written consent of the Public Building
5 Commission which administers the Chicago Civic Center is
6 filed with the Commission;
7 (ii) the alcoholic liquor is sold or dispensed only
8 in connection with organized functions held on special
9 occasions;
10 (iii) the organized function is one for which the
11 planned attendance is 25 or more persons;
12 (iv) the facility selling or dispensing the
13 alcoholic liquors has provided dram shop liability
14 insurance in maximum limits so as to hold harmless the
15 Civic Center, the City of Chicago and the State from all
16 financial loss, damage or harm; and
17 (v) all applicable local ordinances are complied
18 with.
19 Alcoholic liquors may be delivered or sold in any
20 building belonging to or under the control of any city,
21 village or incorporated town where more than 75% of the
22 physical properties of the building is used for commercial or
23 recreational purposes, and the building is located upon a
24 pier extending into or over the waters of a navigable lake or
25 stream or on the shore of a navigable lake or stream.
26 Alcoholic liquor may be sold in buildings under the control
27 of the Department of Natural Resources when written consent
28 to the issuance of a license to sell alcoholic liquor in such
29 buildings is filed with the Commission by the Department of
30 Natural Resources. Notwithstanding any other provision of
31 this Act, alcoholic liquor sold by a United States Army Corps
32 of Engineers or Department of Natural Resources
33 concessionaire who was operating on June 1, 1991 for
34 on-premises consumption only is not subject to the provisions
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1 of Articles IV and IX. Beer and wine may be sold on the
2 premises of the Joliet Park District Stadium owned by the
3 Joliet Park District when written consent to the issuance of
4 a license to sell beer and wine in such premises is filed
5 with the local liquor commissioner by the Joliet Park
6 District. Beer and wine may be sold in buildings on the
7 grounds of State veterans' homes when written consent to the
8 issuance of a license to sell beer and wine in such buildings
9 is filed with the Commission by the Department of Veterans'
10 Affairs, and the facility shall provide dram shop liability
11 in maximum insurance coverage limits so as to save the
12 facility harmless from all financial loss, damage or harm.
13 Such liquors may be delivered to and sold at any property
14 owned or held under lease by a Metropolitan Pier and
15 Exposition Authority or Metropolitan Exposition and
16 Auditorium Authority.
17 Beer and wine may be sold and dispensed at professional
18 sporting events and at professional concerts and other
19 entertainment events conducted on premises owned by the
20 Forest Preserve District of Kane County, subject to the
21 control of the District Commissioners and applicable local
22 law, provided that dram shop liability insurance is provided
23 at maximum coverage limits so as to hold the District
24 harmless from all financial loss, damage and harm.
25 Nothing in this Section shall preclude the sale or
26 delivery of beer and wine at a State or county fair or the
27 sale or delivery of beer or wine at a city fair in any
28 otherwise lawful manner.
29 Alcoholic liquors may be sold at retail in buildings in
30 State parks under the control of the Department of Natural
31 Resources, provided:
32 a. the State park has overnight lodging facilities
33 with some restaurant facilities or, not having overnight
34 lodging facilities, has restaurant facilities which serve
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1 complete luncheon and dinner or supper meals,
2 b. consent to the issuance of a license to sell
3 alcoholic liquors in the buildings has been filed with
4 the commission by the Department of Natural Resources,
5 and
6 c. the alcoholic liquors are sold by the State park
7 lodge or restaurant concessionaire only during the hours
8 from 11 o'clock a.m. until 12 o'clock midnight.
9 Notwithstanding any other provision of this Act,
10 alcoholic liquor sold by the State park or restaurant
11 concessionaire is not subject to the provisions of
12 Articles IV and IX.
13 Alcoholic liquors may be sold at retail in buildings on
14 properties under the control of the Historic Preservation
15 Agency provided:
16 a. the property has overnight lodging facilities
17 with some restaurant facilities or, not having overnight
18 lodging facilities, has restaurant facilities which serve
19 complete luncheon and dinner or supper meals,
20 b. consent to the issuance of a license to sell
21 alcoholic liquors in the buildings has been filed with
22 the commission by the Historic Preservation Agency, and
23 c. the alcoholic liquors are sold by the lodge or
24 restaurant concessionaire only during the hours from 11
25 o'clock a.m. until 12 o'clock midnight.
26 The sale of alcoholic liquors pursuant to this Section
27 does not authorize the establishment and operation of
28 facilities commonly called taverns, saloons, bars, cocktail
29 lounges, and the like except as a part of lodge and
30 restaurant facilities in State parks or golf courses owned by
31 Forest Preserve Districts with a population of less than
32 3,000,000 or municipalities or park districts.
33 Alcoholic liquors may be sold at retail in the
34 Springfield Administration Building of the Department of
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1 Transportation and the Illinois State Armory in Springfield;
2 provided, that the controlling government authority may
3 consent to such sales only if
4 a. the request is from a not-for-profit
5 organization;
6 b. such sales would not impede normal operations of
7 the departments involved;
8 c. the not-for-profit organization provides dram
9 shop liability in maximum insurance coverage limits and
10 agrees to defend, save harmless and indemnify the State
11 of Illinois from all financial loss, damage or harm;
12 d. no such sale shall be made during normal working
13 hours of the State of Illinois; and
14 e. the consent is in writing.
15 Alcoholic liquors may be sold at retail in buildings in
16 recreational areas of river conservancy districts under the
17 control of, or leased from, the river conservancy districts.
18 Such sales are subject to reasonable local regulations as
19 provided in Article IV; however, no such regulations may
20 prohibit or substantially impair the sale of alcoholic
21 liquors on Sundays or Holidays.
22 Alcoholic liquors may be provided in long term care
23 facilities owned or operated by a county under Division 5-21
24 or 5-22 of the Counties Code, when approved by the facility
25 operator and not in conflict with the regulations of the
26 Illinois Department of Public Health, to residents of the
27 facility who have had their consumption of the alcoholic
28 liquors provided approved in writing by a physician licensed
29 to practice medicine in all its branches.
30 Alcoholic liquors may be delivered to and dispensed in
31 State housing assigned to employees of the Department of
32 Corrections. No person shall furnish or allow to be furnished
33 any alcoholic liquors to any prisoner confined in any jail,
34 reformatory, prison or house of correction except upon a
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1 physician's prescription for medicinal purposes.
2 Alcoholic liquors may be sold at retail or dispensed at
3 the Willard Ice Building in Springfield, at the State Library
4 in Springfield, and at Illinois State Museum facilities by
5 (1) an agency of the State, whether legislative, judicial or
6 executive, provided that such agency first obtains written
7 permission to sell or dispense alcoholic liquors from the
8 controlling government authority, or by (2) a not-for-profit
9 organization, provided that such organization:
10 a. Obtains written consent from the controlling
11 government authority;
12 b. Sells or dispenses the alcoholic liquors in a
13 manner that does not impair normal operations of State
14 offices located in the building;
15 c. Sells or dispenses alcoholic liquors only in
16 connection with an official activity in the building;
17 d. Provides, or its catering service provides, dram
18 shop liability insurance in maximum coverage limits and
19 in which the carrier agrees to defend, save harmless and
20 indemnify the State of Illinois from all financial loss,
21 damage or harm arising out of the selling or dispensing
22 of alcoholic liquors.
23 Nothing in this Act shall prevent a not-for-profit
24 organization or agency of the State from employing the
25 services of a catering establishment for the selling or
26 dispensing of alcoholic liquors at authorized functions.
27 The controlling government authority for the Willard Ice
28 Building in Springfield shall be the Director of the
29 Department of Revenue. The controlling government authority
30 for Illinois State Museum facilities shall be the Director of
31 the Illinois State Museum. The controlling government
32 authority for the State Library in Springfield shall be the
33 Secretary of State.
34 Alcoholic liquors may be delivered to and sold at retail
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1 or dispensed at any facility, property or building under the
2 jurisdiction of the Historic Preservation Agency where the
3 delivery, sale or dispensing is by (1) an agency of the
4 State, whether legislative, judicial or executive, provided
5 that such agency first obtains written permission to sell or
6 dispense alcoholic liquors from a controlling government
7 authority, or by (2) a not-for-profit organization provided
8 that such organization:
9 a. Obtains written consent from the controlling
10 government authority;
11 b. Sells or dispenses the alcoholic liquors in a
12 manner that does not impair normal workings of State
13 offices or operations located at the facility, property
14 or building;
15 c. Sells or dispenses alcoholic liquors only in
16 connection with an official activity of the
17 not-for-profit organization in the facility, property or
18 building;
19 d. Provides, or its catering service provides, dram
20 shop liability insurance in maximum coverage limits and
21 in which the carrier agrees to defend, save harmless and
22 indemnify the State of Illinois from all financial loss,
23 damage or harm arising out of the selling or dispensing
24 of alcoholic liquors.
25 The controlling government authority for the Historic
26 Preservation Agency shall be the Director of the Historic
27 Preservation Agency.
28 Alcoholic liquors may be sold at retail or dispensed at
29 the James R. Thompson Center in Chicago and 222 South College
30 Street in Springfield, Illinois by (1) a commercial tenant or
31 subtenant conducting business on the premises under a lease
32 made pursuant to Section 405-315 of the Department of Central
33 Management Services Law (20 ILCS 405/405-315), provided that
34 such tenant or subtenant who sells or dispenses alcoholic
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1 liquors shall procure and maintain dram shop liability
2 insurance in maximum coverage limits and in which the carrier
3 agrees to defend, indemnify and save harmless the State of
4 Illinois from all financial loss, damage or harm arising out
5 of the sale or dispensing of alcoholic liquors, or by (2) an
6 agency of the State, whether legislative, judicial or
7 executive, provided that such agency first obtains written
8 permission to sell or dispense alcoholic liquors from the
9 Director of Central Management Services, or by (3) a
10 not-for-profit organization, provided that such organization:
11 a. Obtains written consent from the Department of
12 Central Management Services;
13 b. Sells or dispenses the alcoholic liquors in a
14 manner that does not impair normal operations of State
15 offices located in the building;
16 c. Sells or dispenses alcoholic liquors only in
17 connection with an official activity in the building;
18 d. Provides, or its catering service provides, dram
19 shop liability insurance in maximum coverage limits and
20 in which the carrier agrees to defend, save harmless and
21 indemnify the State of Illinois from all financial loss,
22 damage or harm arising out of the selling or dispensing
23 of alcoholic liquors.
24 Nothing in this Act shall prevent a not-for-profit
25 organization or agency of the State from employing the
26 services of a catering establishment for the selling or
27 dispensing of alcoholic liquors at functions authorized by
28 the Director of Central Management Services.
29 Alcoholic liquors may be sold or delivered at any
30 facility owned by the Illinois Sports Facilities Authority
31 provided that dram shop liability insurance has been made
32 available in a form, with such coverage and in such amounts
33 as the Authority reasonably determines is necessary.
34 Alcoholic liquors may be sold at retail or dispensed at
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1 the Rockford State Office Building by (1) an agency of the
2 State, whether legislative, judicial or executive, provided
3 that such agency first obtains written permission to sell or
4 dispense alcoholic liquors from the Department of Central
5 Management Services, or by (2) a not-for-profit organization,
6 provided that such organization:
7 a. Obtains written consent from the Department of
8 Central Management Services;
9 b. Sells or dispenses the alcoholic liquors in a
10 manner that does not impair normal operations of State
11 offices located in the building;
12 c. Sells or dispenses alcoholic liquors only in
13 connection with an official activity in the building;
14 d. Provides, or its catering service provides, dram
15 shop liability insurance in maximum coverage limits and
16 in which the carrier agrees to defend, save harmless and
17 indemnify the State of Illinois from all financial loss,
18 damage or harm arising out of the selling or dispensing
19 of alcoholic liquors.
20 Nothing in this Act shall prevent a not-for-profit
21 organization or agency of the State from employing the
22 services of a catering establishment for the selling or
23 dispensing of alcoholic liquors at functions authorized by
24 the Department of Central Management Services.
25 Alcoholic liquors may be sold or delivered in a building
26 that is owned by McLean County, situated on land owned by the
27 county in the City of Bloomington, and used by the McLean
28 County Historical Society if the sale or delivery is approved
29 by an ordinance adopted by the county board, and the
30 municipality in which the building is located may not
31 prohibit that sale or delivery, notwithstanding any other
32 provision of this Section. The regulation of the sale and
33 delivery of alcoholic liquor in a building that is owned by
34 McLean County, situated on land owned by the county, and used
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1 by the McLean County Historical Society as provided in this
2 paragraph is an exclusive power and function of the State and
3 is a denial and limitation under Article VII, Section 6,
4 subsection (h) of the Illinois Constitution of the power of a
5 home rule municipality to regulate that sale and delivery.
6 Alcoholic liquors may be sold or delivered in any
7 building situated on land held in trust for any school
8 district organized under Article 34 of the School Code, if
9 the building is not used for school purposes and if the sale
10 or delivery is approved by the board of education.
11 Alcoholic liquors may be sold or delivered in buildings
12 owned by the Community Building Complex Committee of Boone
13 County, Illinois if the person or facility selling or
14 dispensing the alcoholic liquor has provided dram shop
15 liability insurance with coverage and in amounts that the
16 Committee reasonably determines are necessary.
17 Alcoholic liquors may be sold or delivered in the
18 building located at 1200 Centerville Avenue in Belleville,
19 Illinois and occupied by either the Belleville Area Special
20 Education District or the Belleville Area Special Services
21 Cooperative.
22 (Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00.)
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