093_HB1305
LRB093 07780 LRD 07969 b
1 AN ACT in relation to alcoholic liquor.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Liquor Control Act of 1934 is amended by
5 changing Section 6-15 as follows:
6 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
7 Sec. 6-15. No alcoholic liquors shall be sold or
8 delivered in any building belonging to or under the control
9 of the State or any political subdivision of the State
10 thereof except as provided in this Act. The corporate
11 authorities of any city, village, incorporated town or
12 township may provide by ordinance, however, that alcoholic
13 liquor may be sold or delivered in any specifically
14 designated building belonging to or under the control of the
15 municipality or township, or in any building located on land
16 under the control of the municipality; provided that such
17 township complies with all applicable local ordinances in any
18 incorporated area of the township. Alcoholic liquors may be
19 delivered to and sold at any airport belonging to or under
20 the control of a municipality of more than 25,000
21 inhabitants, or in any building or on any golf course owned
22 by a park district organized under the Park District Code,
23 subject to the approval of the governing board of the
24 district, or in any building or on any golf course owned by a
25 forest preserve district organized under the Downstate Forest
26 Preserve District Act, subject to the approval of the
27 governing board of the district, or on the grounds within 500
28 feet of any building owned by a forest preserve district
29 organized under the Downstate Forest Preserve District Act
30 during times when food is dispensed for consumption within
31 500 feet of the building from which the food is dispensed,
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1 subject to the approval of the governing board of the
2 district, or in a building owned by a Local Mass Transit
3 District organized under the Local Mass Transit District Act,
4 subject to the approval of the governing Board of the
5 District, or in Bicentennial Park, or on the premises of the
6 City of Mendota Lake Park located adjacent to Route 51 in
7 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 on any land used for a golf course or for
23 recreational purposes owned by the Forest Preserve District
24 of Cook County, subject to the control of the Forest Preserve
25 District Board of Commissioners and applicable local law,
26 provided that dram shop liability insurance is provided at
27 maximum coverage limits so as to hold the District harmless
28 from all financial loss, damage, and harm, or in any building
29 located on land owned by the Chicago Park District if
30 approved by the Park District Commissioners, or on any land
31 used for a golf course or for recreational purposes and owned
32 by the Illinois International Port District if approved by
33 the District's governing board, or at any airport, golf
34 course, faculty center, or facility in which conference and
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1 convention type activities take place belonging to or under
2 control of any State university or public community college
3 district, provided that with respect to a facility for
4 conference and convention type activities alcoholic liquors
5 shall be limited to the use of the convention or conference
6 participants or participants in cultural, political or
7 educational activities held in such facilities, and provided
8 further that the faculty or staff of the State university or
9 a public community college district, or members of an
10 organization of students, alumni, faculty or staff of the
11 State university or a public community college district are
12 active participants in the conference or convention, or in
13 Memorial Stadium on the campus of the University of Illinois
14 at Urbana-Champaign during games in which the Chicago Bears
15 professional football team is playing in that stadium during
16 the renovation of Soldier Field, not more than one and a half
17 hours before the start of the game and not after the end of
18 the third quarter of the game, or by a catering establishment
19 which has rented facilities from a board of trustees of a
20 public community college district, or, if approved by the
21 District board, on land owned by the Metropolitan Sanitary
22 District of Greater Chicago and leased to others for a term
23 of at least 20 years. Nothing in this Section precludes the
24 sale or delivery of alcoholic liquor in the form of original
25 packaged goods in premises located at 500 S. Racine in
26 Chicago belonging to the University of Illinois and used
27 primarily as a grocery store by a commercial tenant during
28 the term of a lease that predates the University's
29 acquisition of the premises; but the University shall have no
30 power or authority to renew, transfer, or extend the lease
31 with terms allowing the sale of alcoholic liquor; and the
32 sale of alcoholic liquor shall be subject to all local laws
33 and regulations. After the acquisition by Winnebago County
34 of the property located at 404 Elm Street in Rockford, a
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1 commercial tenant who sold alcoholic liquor at retail on a
2 portion of the property under a valid license at the time of
3 the acquisition may continue to do so for so long as the
4 tenant and the County may agree under existing or future
5 leases, subject to all local laws and regulations regarding
6 the sale of alcoholic liquor. Each facility shall provide
7 dram shop liability in maximum insurance coverage limits so
8 as to save harmless the State, municipality, State
9 university, airport, golf course, faculty center, facility in
10 which conference and convention type activities take place,
11 park district, Forest Preserve District, public community
12 college district, aquarium, museum, or sanitary district from
13 all financial loss, damage or harm. Alcoholic liquors may be
14 sold at retail in buildings of golf courses owned by
15 municipalities in connection with the operation of an
16 established food serving facility during times when food is
17 dispensed for consumption upon the premises. Alcoholic
18 liquors may be delivered to and sold at retail in any
19 building owned by a fire protection district organized under
20 the Fire Protection District Act, provided that such delivery
21 and sale is approved by the board of trustees of the
22 district, and provided further that such delivery and sale is
23 limited to fundraising events and to a maximum of 6 events
24 per year.
25 Alcoholic liquor may be delivered to and sold at retail
26 in the Dorchester Senior Business Center owned by the Village
27 of Dolton if the alcoholic liquor is sold or dispensed only
28 in connection with organized functions for which the planned
29 attendance is 20 or more persons, and if the person or
30 facility selling or dispensing the alcoholic liquor has
31 provided dram shop liability insurance in maximum limits so
32 as to hold harmless the Village of Dolton and the State from
33 all financial loss, damage and harm.
34 Alcoholic liquors may be delivered to and sold at retail
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1 in any building used as an Illinois State Armory provided:
2 (i) the Adjutant General's written consent to the
3 issuance of a license to sell alcoholic liquor in such
4 building is filed with the Commission;
5 (ii) the alcoholic liquor is sold or dispensed only
6 in connection with organized functions held on special
7 occasions;
8 (iii) the organized function is one for which the
9 planned attendance is 25 or more persons; and
10 (iv) the facility selling or dispensing the
11 alcoholic liquors has provided dram shop liability
12 insurance in maximum limits so as to save harmless the
13 facility and the State from all financial loss, damage or
14 harm.
15 Alcoholic liquors may be delivered to and sold at retail
16 in the Chicago Civic Center, provided that:
17 (i) the written consent of the Public Building
18 Commission which administers the Chicago Civic Center is
19 filed with the Commission;
20 (ii) the alcoholic liquor is sold or dispensed only
21 in connection with organized functions held on special
22 occasions;
23 (iii) the organized function is one for which the
24 planned attendance is 25 or more persons;
25 (iv) the facility selling or dispensing the
26 alcoholic liquors has provided dram shop liability
27 insurance in maximum limits so as to hold harmless the
28 Civic Center, the City of Chicago and the State from all
29 financial loss, damage or harm; and
30 (v) all applicable local ordinances are complied
31 with.
32 Alcoholic liquors may be delivered or sold in any
33 building belonging to or under the control of any city,
34 village or incorporated town where more than 75% of the
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1 physical properties of the building is used for commercial or
2 recreational purposes, and the building is located upon a
3 pier extending into or over the waters of a navigable lake or
4 stream or on the shore of a navigable lake or stream.
5 Alcoholic liquor may be sold in buildings under the control
6 of the Department of Natural Resources when written consent
7 to the issuance of a license to sell alcoholic liquor in such
8 buildings is filed with the Commission by the Department of
9 Natural Resources. Notwithstanding any other provision of
10 this Act, alcoholic liquor sold by a United States Army Corps
11 of Engineers or Department of Natural Resources
12 concessionaire who was operating on June 1, 1991 for
13 on-premises consumption only is not subject to the provisions
14 of Articles IV and IX. Beer and wine may be sold on the
15 premises of the Joliet Park District Stadium owned by the
16 Joliet Park District when written consent to the issuance of
17 a license to sell beer and wine in such premises is filed
18 with the local liquor commissioner by the Joliet Park
19 District. Beer and wine may be sold in buildings on the
20 grounds of State veterans' homes when written consent to the
21 issuance of a license to sell beer and wine in such buildings
22 is filed with the Commission by the Department of Veterans'
23 Affairs, and the facility shall provide dram shop liability
24 in maximum insurance coverage limits so as to save the
25 facility harmless from all financial loss, damage or harm.
26 Such liquors may be delivered to and sold at any property
27 owned or held under lease by a Metropolitan Pier and
28 Exposition Authority or Metropolitan Exposition and
29 Auditorium Authority.
30 Beer and wine may be sold and dispensed at professional
31 sporting events and at professional concerts and other
32 entertainment events conducted on premises owned by the
33 Forest Preserve District of Kane County, subject to the
34 control of the District Commissioners and applicable local
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1 law, provided that dram shop liability insurance is provided
2 at maximum coverage limits so as to hold the District
3 harmless from all financial loss, damage and harm.
4 Nothing in this Section shall preclude the sale or
5 delivery of beer and wine at a State or county fair or the
6 sale or delivery of beer or wine at a city fair in any
7 otherwise lawful manner.
8 Alcoholic liquors may be sold at retail in buildings in
9 State parks under the control of the Department of Natural
10 Resources, provided:
11 a. the State park has overnight lodging facilities
12 with some restaurant facilities or, not having overnight
13 lodging facilities, has restaurant facilities which serve
14 complete luncheon and dinner or supper meals,
15 b. consent to the issuance of a license to sell
16 alcoholic liquors in the buildings has been filed with
17 the commission by the Department of Natural Resources,
18 and
19 c. the alcoholic liquors are sold by the State park
20 lodge or restaurant concessionaire only during the hours
21 from 11 o'clock a.m. until 12 o'clock midnight.
22 Notwithstanding any other provision of this Act,
23 alcoholic liquor sold by the State park or restaurant
24 concessionaire is not subject to the provisions of
25 Articles IV and IX.
26 Alcoholic liquors may be sold at retail in buildings on
27 properties under the control of the Historic Sites and
28 Preservation Division of the Historic Preservation Agency or
29 the Abraham Lincoln Presidential Library and Museum 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 Sites and Preservation
3 Division of the Historic Preservation Agency or the
4 Abraham Lincoln Presidential Library and Museum, and
5 c. the alcoholic liquors are sold by the lodge or
6 restaurant concessionaire only during the hours from 11
7 o'clock a.m. until 12 o'clock midnight.
8 The sale of alcoholic liquors pursuant to this Section
9 does not authorize the establishment and operation of
10 facilities commonly called taverns, saloons, bars, cocktail
11 lounges, and the like except as a part of lodge and
12 restaurant facilities in State parks or golf courses owned by
13 Forest Preserve Districts with a population of less than
14 3,000,000 or municipalities or park districts.
15 Alcoholic liquors may be sold at retail in the
16 Springfield Administration Building of the Department of
17 Transportation and the Illinois State Armory in Springfield;
18 provided, that the controlling government authority may
19 consent to such sales only if
20 a. the request is from a not-for-profit
21 organization;
22 b. such sales would not impede normal operations of
23 the departments involved;
24 c. the not-for-profit organization provides dram
25 shop liability in maximum insurance coverage limits and
26 agrees to defend, save harmless and indemnify the State
27 of Illinois from all financial loss, damage or harm;
28 d. no such sale shall be made during normal working
29 hours of the State of Illinois; and
30 e. the consent is in writing.
31 Alcoholic liquors may be sold at retail in buildings in
32 recreational areas of river conservancy districts under the
33 control of, or leased from, the river conservancy districts.
34 Such sales are subject to reasonable local regulations as
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1 provided in Article IV; however, no such regulations may
2 prohibit or substantially impair the sale of alcoholic
3 liquors on Sundays or Holidays.
4 Alcoholic liquors may be provided in long term care
5 facilities owned or operated by a county under Division 5-21
6 or 5-22 of the Counties Code, when approved by the facility
7 operator and not in conflict with the regulations of the
8 Illinois Department of Public Health, to residents of the
9 facility who have had their consumption of the alcoholic
10 liquors provided approved in writing by a physician licensed
11 to practice medicine in all its branches.
12 Alcoholic liquors may be delivered to and dispensed in
13 State housing assigned to employees of the Department of
14 Corrections. No person shall furnish or allow to be furnished
15 any alcoholic liquors to any prisoner confined in any jail,
16 reformatory, prison or house of correction except upon a
17 physician's prescription for medicinal purposes.
18 Alcoholic liquors may be sold at retail or dispensed at
19 the Willard Ice Building in Springfield, at the State Library
20 in Springfield, and at Illinois State Museum facilities by
21 (1) an agency of the State, whether legislative, judicial or
22 executive, provided that such agency first obtains written
23 permission to sell or dispense alcoholic liquors from the
24 controlling government authority, or by (2) a not-for-profit
25 organization, provided that such organization:
26 a. Obtains written consent from the controlling
27 government authority;
28 b. Sells or dispenses the alcoholic liquors in a
29 manner that does not impair normal operations of State
30 offices located in the building;
31 c. Sells or dispenses alcoholic liquors only in
32 connection with an official activity in the 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 Nothing in this Act shall prevent a not-for-profit
6 organization or agency of the State from employing the
7 services of a catering establishment for the selling or
8 dispensing of alcoholic liquors at authorized functions.
9 The controlling government authority for the Willard Ice
10 Building in Springfield shall be the Director of the
11 Department of Revenue. The controlling government authority
12 for Illinois State Museum facilities shall be the Director of
13 the Illinois State Museum. The controlling government
14 authority for the State Library in Springfield shall be the
15 Secretary of State.
16 Alcoholic liquors may be delivered to and sold at retail
17 or dispensed at any facility, property or building under the
18 jurisdiction of the Historic Sites and Preservation Division
19 of the Historic Preservation Agency or the Abraham Lincoln
20 Presidential Library and Museum where the delivery, sale or
21 dispensing is by (1) an agency of the State, whether
22 legislative, judicial or executive, provided that such agency
23 first obtains written permission to sell or dispense
24 alcoholic liquors from a controlling government authority, or
25 by (2) a not-for-profit organization provided that such
26 organization:
27 a. Obtains written consent from the controlling
28 government authority;
29 b. Sells or dispenses the alcoholic liquors in a
30 manner that does not impair normal workings of State
31 offices or operations located at the facility, property
32 or building;
33 c. Sells or dispenses alcoholic liquors only in
34 connection with an official activity of the
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1 not-for-profit organization in the facility, property or
2 building;
3 d. Provides, or its catering service provides, dram
4 shop liability insurance in maximum coverage limits and
5 in which the carrier agrees to defend, save harmless and
6 indemnify the State of Illinois from all financial loss,
7 damage or harm arising out of the selling or dispensing
8 of alcoholic liquors.
9 The controlling government authority for the Historic
10 Sites and Preservation Division of the Historic Preservation
11 Agency shall be the Director of the Historic Sites and
12 Preservation, and the controlling government authority for
13 the Abraham Lincoln Presidential Library and Museum shall be
14 the Director of the Abraham Lincoln Presidential Library and
15 Museum.
16 Alcoholic liquors may be sold at retail or dispensed at
17 the James R. Thompson Center in Chicago and 222 South College
18 Street in Springfield, Illinois by (1) a commercial tenant or
19 subtenant conducting business on the premises under a lease
20 made pursuant to Section 405-315 of the Department of Central
21 Management Services Law (20 ILCS 405/405-315), provided that
22 such tenant or subtenant who sells or dispenses alcoholic
23 liquors shall procure and maintain dram shop liability
24 insurance in maximum coverage limits and in which the carrier
25 agrees to defend, indemnify and save harmless the State of
26 Illinois from all financial loss, damage or harm arising out
27 of the sale or dispensing of alcoholic liquors, or by (2) an
28 agency of the State, whether legislative, judicial or
29 executive, provided that such agency first obtains written
30 permission to sell or dispense alcoholic liquors from the
31 Director of Central Management Services, or by (3) a
32 not-for-profit organization, provided that such organization:
33 a. Obtains written consent from the Department of
34 Central Management Services;
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1 b. Sells or dispenses the alcoholic liquors in a
2 manner that does not impair normal operations of State
3 offices located in the building;
4 c. Sells or dispenses alcoholic liquors only in
5 connection with an official activity in the building;
6 d. Provides, or its catering service provides, dram
7 shop liability insurance in maximum coverage limits and
8 in which the carrier agrees to defend, save harmless and
9 indemnify the State of Illinois from all financial loss,
10 damage or harm arising out of the selling or dispensing
11 of alcoholic liquors.
12 Nothing in this Act shall prevent a not-for-profit
13 organization or agency of the State from employing the
14 services of a catering establishment for the selling or
15 dispensing of alcoholic liquors at functions authorized by
16 the Director of Central Management Services.
17 Alcoholic liquors may be sold or delivered at any
18 facility owned by the Illinois Sports Facilities Authority
19 provided that dram shop liability insurance has been made
20 available in a form, with such coverage and in such amounts
21 as the Authority reasonably determines is necessary.
22 Alcoholic liquors may be sold at retail or dispensed at
23 the Rockford State Office Building by (1) an agency of the
24 State, whether legislative, judicial or executive, provided
25 that such agency first obtains written permission to sell or
26 dispense alcoholic liquors from the Department of Central
27 Management Services, or by (2) a not-for-profit organization,
28 provided that such organization:
29 a. Obtains written consent from the Department of
30 Central Management Services;
31 b. Sells or dispenses the alcoholic liquors in a
32 manner that does not impair normal operations of State
33 offices located in the building;
34 c. Sells or dispenses alcoholic liquors only in
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1 connection with an official activity in the building;
2 d. Provides, or its catering service provides, dram
3 shop liability insurance in maximum coverage limits and
4 in which the carrier agrees to defend, save harmless and
5 indemnify the State of Illinois from all financial loss,
6 damage or harm arising out of the selling or dispensing
7 of alcoholic liquors.
8 Nothing in this Act shall prevent a not-for-profit
9 organization or agency of the State from employing the
10 services of a catering establishment for the selling or
11 dispensing of alcoholic liquors at functions authorized by
12 the Department of Central Management Services.
13 Alcoholic liquors may be sold or delivered in a building
14 that is owned by McLean County, situated on land owned by the
15 county in the City of Bloomington, and used by the McLean
16 County Historical Society if the sale or delivery is approved
17 by an ordinance adopted by the county board, and the
18 municipality in which the building is located may not
19 prohibit that sale or delivery, notwithstanding any other
20 provision of this Section. The regulation of the sale and
21 delivery of alcoholic liquor in a building that is owned by
22 McLean County, situated on land owned by the county, and used
23 by the McLean County Historical Society as provided in this
24 paragraph is an exclusive power and function of the State and
25 is a denial and limitation under Article VII, Section 6,
26 subsection (h) of the Illinois Constitution of the power of a
27 home rule municipality to regulate that sale and delivery.
28 Alcoholic liquors may be sold or delivered in any
29 building situated on land held in trust for any school
30 district organized under Article 34 of the School Code, if
31 the building is not used for school purposes and if the sale
32 or delivery is approved by the board of education.
33 Alcoholic liquors may be sold or delivered in buildings
34 owned by the Community Building Complex Committee of Boone
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1 County, Illinois if the person or facility selling or
2 dispensing the alcoholic liquor has provided dram shop
3 liability insurance with coverage and in amounts that the
4 Committee reasonably determines are necessary.
5 Alcoholic liquors may be sold or delivered in the
6 building located at 1200 Centerville Avenue in Belleville,
7 Illinois and occupied by either the Belleville Area Special
8 Education District or the Belleville Area Special Services
9 Cooperative.
10 (Source: P.A. 91-239, eff. 1-1-00; 91-922, eff. 7-7-00;
11 92-512, eff. 1-1-02; 92-583, eff. 6-26-02; 92-600, eff.
12 7-1-02; revised 9-3-02.)