093_HB2201ham004 LRB093 06405 LRD 13800 a 1 AMENDMENT TO HOUSE BILL 2201 2 AMENDMENT NO. . Amend House Bill 2201, AS AMENDED, 3 in the introductory portion of Section 5, by replacing 4 "Section 5-2" with "Sections 5-2 and 6-15"; and 5 in Section 5, by inserting the following after the end of 6 Sec. 5-2: 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 or on any golf course owned by a park district -2- LRB093 06405 LRD 13800 a 1 organized under the Park District Code, subject to the 2 approval of the governing board of the district, or in any 3 building or on any golf course owned by a forest preserve 4 district organized under the Downstate Forest Preserve 5 District Act, subject to the approval of the governing board 6 of the district, or on the grounds within 500 feet of any 7 building owned by a forest preserve district organized under 8 the Downstate Forest Preserve District Act during times when 9 food is dispensed for consumption within 500 feet of the 10 building from which the food is dispensed, subject to the 11 approval of the governing board of the district, or in a 12 building owned by a Local Mass Transit District organized 13 under the Local Mass Transit District Act, subject to the 14 approval of the governing Board of the District, or in 15 Bicentennial Park, or on the premises of the City of Mendota 16 Lake Park located adjacent to Route 51 in Mendota, Illinois, 17 or on the premises of Camden Park in Milan, Illinois, or in 18 the community center owned by the City of Loves Park that is 19 located at 1000 River Park Drive in Loves Park, Illinois, or, 20 in connection with the operation of an established food 21 serving facility during times when food is dispensed for 22 consumption on the premises, and at the following aquarium 23 and museums located in public parks: Art Institute of 24 Chicago, Chicago Academy of Sciences, Chicago Historical 25 Society, Field Museum of Natural History, Museum of Science 26 and Industry, DuSable Museum of African American History, 27 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview 28 Museum of Arts and Sciences in Peoria, or in connection with 29 the operation of the facilities of the Chicago Zoological 30 Society or the Chicago Horticultural Society on land owned by 31 the Forest Preserve District of Cook County, or on any land 32 used for a golf course or for recreational purposes owned by 33 the Forest Preserve District of Cook County, subject to the 34 control of the Forest Preserve District Board of -3- LRB093 06405 LRD 13800 a 1 Commissioners and applicable local law, provided that dram 2 shop liability insurance is provided at maximum coverage 3 limits so as to hold the District harmless from all financial 4 loss, damage, and harm, or in any building located on land 5 owned by the Chicago Park District if approved by the Park 6 District Commissioners, or on any land used for a golf course 7 or for recreational purposes and owned by the Illinois 8 International Port District if approved by the District's 9 governing board, or at any airport, golf course, faculty 10 center, or facility in which conference and convention type 11 activities take place belonging to or under control of any 12 State university or public community college district, 13 provided that with respect to a facility for conference and 14 convention type activities alcoholic liquors shall be limited 15 to the use of the convention or conference participants or 16 participants in cultural, political or educational activities 17 held in such facilities, and provided further that the 18 faculty or staff of the State university or a public 19 community college district, or members of an organization of 20 students, alumni, faculty or staff of the State university or 21 a public community college district are active participants 22 in the conference or convention, or in Memorial Stadium on 23 the campus of the University of Illinois at Urbana-Champaign 24 during games in which the Chicago Bears professional football 25 team is playing in that stadium during the renovation of 26 Soldier Field, not more than one and a half hours before the 27 start of the game and not after the end of the third quarter 28 of the game, or by a catering establishment which has rented 29 facilities from a board of trustees of a public community 30 college district, or, if approved by the District board, on 31 land owned by the Metropolitan Sanitary District of Greater 32 Chicago and leased to others for a term of at least 20 years. 33 Nothing in this Section precludes the sale or delivery of 34 alcoholic liquor in the form of original packaged goods in -4- LRB093 06405 LRD 13800 a 1 premises located at 500 S. Racine in Chicago belonging to the 2 University of Illinois and used primarily as a grocery store 3 by a commercial tenant during the term of a lease that 4 predates the University's acquisition of the premises; but 5 the University shall have no power or authority to renew, 6 transfer, or extend the lease with terms allowing the sale of 7 alcoholic liquor; and the sale of alcoholic liquor shall be 8 subject to all local laws and regulations. After the 9 acquisition by Winnebago County of the property located at 10 404 Elm Street in Rockford, a commercial tenant who sold 11 alcoholic liquor at retail on a portion of the property under 12 a valid license at the time of the acquisition may continue 13 to do so for so long as the tenant and the County may agree 14 under existing or future leases, subject to all local laws 15 and regulations regarding the sale of alcoholic liquor. Each 16 facility shall provide dram shop liability in maximum 17 insurance coverage limits so as to save harmless the State, 18 municipality, State university, airport, golf course, faculty 19 center, facility in which conference and convention type 20 activities take place, park district, Forest Preserve 21 District, public community college district, aquarium, 22 museum, or sanitary district from all financial loss, damage 23 or harm. Alcoholic liquors may be sold at retail in buildings 24 of golf courses owned by municipalities in connection with 25 the operation of an established food serving facility during 26 times when food is dispensed for consumption upon the 27 premises. Alcoholic liquors may be delivered to and sold at 28 retail in any building owned by a fire protection district 29 organized under the Fire Protection District Act, provided 30 that such delivery and sale is approved by the board of 31 trustees of the district, and provided further that such 32 delivery and sale is limited to fundraising events and to a 33 maximum of 6 events per year. 34 Alcoholic liquor may be delivered to and sold at retail -5- LRB093 06405 LRD 13800 a 1 in the Dorchester Senior Business Center owned by the Village 2 of Dolton if the alcoholic liquor is sold or dispensed only 3 in connection with organized functions for which the planned 4 attendance is 20 or more persons, and if the person or 5 facility selling or dispensing the alcoholic liquor has 6 provided dram shop liability insurance in maximum limits so 7 as to hold harmless the Village of Dolton and the State from 8 all financial loss, damage and harm. 9 Alcoholic liquors may be delivered to and sold at retail 10 in any building used as an Illinois State Armory provided: 11 (i) the Adjutant General's written consent to the 12 issuance of a license to sell alcoholic liquor in such 13 building is filed with the Commission; 14 (ii) the alcoholic liquor is sold or dispensed only 15 in connection with organized functions held on special 16 occasions; 17 (iii) the organized function is one for which the 18 planned attendance is 25 or more persons; and 19 (iv) the facility selling or dispensing the 20 alcoholic liquors has provided dram shop liability 21 insurance in maximum limits so as to save harmless the 22 facility and the State from all financial loss, damage or 23 harm. 24 Alcoholic liquors may be delivered to and sold at retail 25 in the Chicago Civic Center, provided that: 26 (i) the written consent of the Public Building 27 Commission which administers the Chicago Civic Center is 28 filed with the Commission; 29 (ii) the alcoholic liquor is sold or dispensed only 30 in connection with organized functions held on special 31 occasions; 32 (iii) the organized function is one for which the 33 planned attendance is 25 or more persons; 34 (iv) the facility selling or dispensing the -6- LRB093 06405 LRD 13800 a 1 alcoholic liquors has provided dram shop liability 2 insurance in maximum limits so as to hold harmless the 3 Civic Center, the City of Chicago and the State from all 4 financial loss, damage or harm; and 5 (v) all applicable local ordinances are complied 6 with. 7 Alcoholic liquors may be delivered or sold in any 8 building belonging to or under the control of any city, 9 village or incorporated town where more than 75% of the 10 physical properties of the building is used for commercial or 11 recreational purposes, and the building is located upon a 12 pier extending into or over the waters of a navigable lake or 13 stream or on the shore of a navigable lake or stream. 14 Alcoholic liquor may be sold in buildings under the control 15 of the Department of Natural Resources when written consent 16 to the issuance of a license to sell alcoholic liquor in such 17 buildings is filed with the Commission by the Department of 18 Natural Resources. Notwithstanding any other provision of 19 this Act, alcoholic liquor sold by a United States Army Corps 20 of Engineers or Department of Natural Resources 21 concessionaire who was operating on June 1, 1991 for 22 on-premises consumption only is not subject to the provisions 23 of Articles IV and IX. Beer and wine may be sold on the 24 premises of the Joliet Park District Stadium owned by the 25 Joliet Park District when written consent to the issuance of 26 a license to sell beer and wine in such premises is filed 27 with the local liquor commissioner by the Joliet Park 28 District. Beer and wine may be sold in buildings on the 29 grounds of State veterans' homes when written consent to the 30 issuance of a license to sell beer and wine in such buildings 31 is filed with the Commission by the Department of Veterans' 32 Affairs, and the facility shall provide dram shop liability 33 in maximum insurance coverage limits so as to save the 34 facility harmless from all financial loss, damage or harm. -7- LRB093 06405 LRD 13800 a 1 Such liquors may be delivered to and sold at any property 2 owned or held under lease by a Metropolitan Pier and 3 Exposition Authority or Metropolitan Exposition and 4 Auditorium Authority. 5 Beer and wine may be sold and dispensed at professional 6 sporting events and at professional concerts and other 7 entertainment events conducted on premises owned by the 8 Forest Preserve District of Kane County, subject to the 9 control of the District Commissioners and applicable local 10 law, provided that dram shop liability insurance is provided 11 at maximum coverage limits so as to hold the District 12 harmless from all financial loss, damage and harm. 13 Nothing in this Section shall preclude the sale or 14 delivery of beer and wine at a State or county fair or the 15 sale or delivery of beer or wine at a city fair in any 16 otherwise lawful manner. 17 Alcoholic liquors may be sold at retail in buildings in 18 State parks under the control of the Department of Natural 19 Resources, provided: 20 a. the State park has overnight lodging facilities 21 with some restaurant facilities or, not having overnight 22 lodging facilities, has restaurant facilities which serve 23 complete luncheon and dinner or supper meals, 24 b. consent to the issuance of a license to sell 25 alcoholic liquors in the buildings has been filed with 26 the commission by the Department of Natural Resources, 27 and 28 c. the alcoholic liquors are sold by the State park 29 lodge or restaurant concessionaire only during the hours 30 from 11 o'clock a.m. until 12 o'clock midnight. 31 Notwithstanding any other provision of this Act, 32 alcoholic liquor sold by the State park or restaurant 33 concessionaire is not subject to the provisions of 34 Articles IV and IX. -8- LRB093 06405 LRD 13800 a 1 Alcoholic liquors may be sold at retail in buildings on 2 properties under the control of the Historic Sites and 3 Preservation Division of the Historic Preservation Agency or 4 the Abraham Lincoln Presidential Library and Museum provided: 5 a. the property has overnight lodging facilities 6 with some restaurant facilities or, not having overnight 7 lodging facilities, has restaurant facilities which serve 8 complete luncheon and dinner or supper meals, 9 b. consent to the issuance of a license to sell 10 alcoholic liquors in the buildings has been filed with 11 the commission by the Historic Sites and Preservation 12 Division of the Historic Preservation Agency or the 13 Abraham Lincoln Presidential Library and Museum, and 14 c. the alcoholic liquors are sold by the lodge or 15 restaurant concessionaire only during the hours from 11 16 o'clock a.m. until 12 o'clock midnight. 17 The sale of alcoholic liquors pursuant to this Section 18 does not authorize the establishment and operation of 19 facilities commonly called taverns, saloons, bars, cocktail 20 lounges, and the like except as a part of lodge and 21 restaurant facilities in State parks or golf courses owned by 22 Forest Preserve Districts with a population of less than 23 3,000,000 or municipalities or park districts. 24 Alcoholic liquors may be sold at retail in the 25 Springfield Administration Building of the Department of 26 Transportation and the Illinois State Armory in Springfield; 27 provided, that the controlling government authority may 28 consent to such sales only if 29 a. the request is from a not-for-profit 30 organization; 31 b. such sales would not impede normal operations of 32 the departments involved; 33 c. the not-for-profit organization provides dram 34 shop liability in maximum insurance coverage limits and -9- LRB093 06405 LRD 13800 a 1 agrees to defend, save harmless and indemnify the State 2 of Illinois from all financial loss, damage or harm; 3 d. no such sale shall be made during normal working 4 hours of the State of Illinois; and 5 e. the consent is in writing. 6 Alcoholic liquors may be sold at retail in buildings in 7 recreational areas of river conservancy districts under the 8 control of, or leased from, the river conservancy districts. 9 Such sales are subject to reasonable local regulations as 10 provided in Article IV; however, no such regulations may 11 prohibit or substantially impair the sale of alcoholic 12 liquors on Sundays or Holidays. 13 Alcoholic liquors may be provided in long term care 14 facilities owned or operated by a county under Division 5-21 15 or 5-22 of the Counties Code, when approved by the facility 16 operator and not in conflict with the regulations of the 17 Illinois Department of Public Health, to residents of the 18 facility who have had their consumption of the alcoholic 19 liquors provided approved in writing by a physician licensed 20 to practice medicine in all its branches. 21 Alcoholic liquors may be delivered to and dispensed in 22 State housing assigned to employees of the Department of 23 Corrections. No person shall furnish or allow to be furnished 24 any alcoholic liquors to any prisoner confined in any jail, 25 reformatory, prison or house of correction except upon a 26 physician's prescription for medicinal purposes. 27 Alcoholic liquors may be sold at retail or dispensed at 28 the Willard Ice Building in Springfield, at the State Library 29 in Springfield, and at Illinois State Museum facilities by 30 (1) an agency of the State, whether legislative, judicial or 31 executive, provided that such agency first obtains written 32 permission to sell or dispense alcoholic liquors from the 33 controlling government authority, or by (2) a not-for-profit 34 organization, provided that such organization: -10- LRB093 06405 LRD 13800 a 1 a. Obtains written consent from the controlling 2 government authority; 3 b. Sells or dispenses the alcoholic liquors in a 4 manner that does not impair normal operations of State 5 offices located in the building; 6 c. Sells or dispenses alcoholic liquors only in 7 connection with an official activity in the building; 8 d. Provides, or its catering service provides, dram 9 shop liability insurance in maximum coverage limits and 10 in which the carrier agrees to defend, save harmless and 11 indemnify the State of Illinois from all financial loss, 12 damage or harm arising out of the selling or dispensing 13 of alcoholic liquors. 14 Nothing in this Act shall prevent a not-for-profit 15 organization or agency of the State from employing the 16 services of a catering establishment for the selling or 17 dispensing of alcoholic liquors at authorized functions. 18 The controlling government authority for the Willard Ice 19 Building in Springfield shall be the Director of the 20 Department of Revenue. The controlling government authority 21 for Illinois State Museum facilities shall be the Director of 22 the Illinois State Museum. The controlling government 23 authority for the State Library in Springfield shall be the 24 Secretary of State. 25 Alcoholic liquors may be delivered to and sold at retail 26 or dispensed at any facility, property or building under the 27 jurisdiction of the Historic Sites and Preservation Division 28 of the Historic Preservation Agency or the Abraham Lincoln 29 Presidential Library and Museum where the delivery, sale or 30 dispensing is by (1) an agency of the State, whether 31 legislative, judicial or executive, provided that such agency 32 first obtains written permission to sell or dispense 33 alcoholic liquors from a controlling government authority, or 34 by (2) a not-for-profit organization provided that such -11- LRB093 06405 LRD 13800 a 1 organization: 2 a. Obtains written consent from the controlling 3 government authority; 4 b. Sells or dispenses the alcoholic liquors in a 5 manner that does not impair normal workings of State 6 offices or operations located at the facility, property 7 or building; 8 c. Sells or dispenses alcoholic liquors only in 9 connection with an official activity of the 10 not-for-profit organization in the facility, property or 11 building; 12 d. Provides, or its catering service provides, dram 13 shop liability insurance in maximum coverage limits and 14 in which the carrier agrees to defend, save harmless and 15 indemnify the State of Illinois from all financial loss, 16 damage or harm arising out of the selling or dispensing 17 of alcoholic liquors. 18 The controlling government authority for the Historic 19 Sites and Preservation Division of the Historic Preservation 20 Agency shall be the Director of the Historic Sites and 21 Preservation, and the controlling government authority for 22 the Abraham Lincoln Presidential Library and Museum shall be 23 the Director of the Abraham Lincoln Presidential Library and 24 Museum. 25 Alcoholic liquors may be sold at retail or dispensed at 26 the James R. Thompson Center in Chicago and 222 South College 27 Street in Springfield, Illinois by (1) a commercial tenant or 28 subtenant conducting business on the premises under a lease 29 made pursuant to Section 405-315 of the Department of Central 30 Management Services Law (20 ILCS 405/405-315), provided that 31 such tenant or subtenant who sells or dispenses alcoholic 32 liquors shall procure and maintain dram shop liability 33 insurance in maximum coverage limits and in which the carrier 34 agrees to defend, indemnify and save harmless the State of -12- LRB093 06405 LRD 13800 a 1 Illinois from all financial loss, damage or harm arising out 2 of the sale or dispensing of alcoholic liquors, or by (2) an 3 agency of the State, whether legislative, judicial or 4 executive, provided that such agency first obtains written 5 permission to sell or dispense alcoholic liquors from the 6 Director of Central Management Services, or by (3) a 7 not-for-profit organization, provided that such organization: 8 a. Obtains written consent from the Department of 9 Central Management Services; 10 b. Sells or dispenses the alcoholic liquors in a 11 manner that does not impair normal operations of State 12 offices located in the building; 13 c. Sells or dispenses alcoholic liquors only in 14 connection with an official activity in the building; 15 d. Provides, or its catering service provides, dram 16 shop liability insurance in maximum coverage limits and 17 in which the carrier agrees to defend, save harmless and 18 indemnify the State of Illinois from all financial loss, 19 damage or harm arising out of the selling or dispensing 20 of alcoholic liquors. 21 Nothing in this Act shall prevent a not-for-profit 22 organization or agency of the State from employing the 23 services of a catering establishment for the selling or 24 dispensing of alcoholic liquors at functions authorized by 25 the Director of Central Management Services. 26 Alcoholic liquors may be sold or delivered at any 27 facility owned by the Illinois Sports Facilities Authority 28 provided that dram shop liability insurance has been made 29 available in a form, with such coverage and in such amounts 30 as the Authority reasonably determines is necessary. 31 Alcoholic liquors may be sold at retail or dispensed at 32 the Rockford State Office Building by (1) an agency of the 33 State, whether legislative, judicial or executive, provided 34 that such agency first obtains written permission to sell or -13- LRB093 06405 LRD 13800 a 1 dispense alcoholic liquors from the Department of Central 2 Management Services, or by (2) a not-for-profit organization, 3 provided that such organization: 4 a. Obtains written consent from the Department of 5 Central Management Services; 6 b. Sells or dispenses the alcoholic liquors in a 7 manner that does not impair normal operations of State 8 offices located in the building; 9 c. Sells or dispenses alcoholic liquors only in 10 connection with an official activity in the building; 11 d. Provides, or its catering service provides, dram 12 shop liability insurance in maximum coverage limits and 13 in which the carrier agrees to defend, save harmless and 14 indemnify the State of Illinois from all financial loss, 15 damage or harm arising out of the selling or dispensing 16 of alcoholic liquors. 17 Nothing in this Act shall prevent a not-for-profit 18 organization or agency of the State from employing the 19 services of a catering establishment for the selling or 20 dispensing of alcoholic liquors at functions authorized by 21 the Department of Central Management Services. 22 Alcoholic liquors may be sold or delivered in a building 23 that is owned by McLean County, situated on land owned by the 24 county in the City of Bloomington, and used by the McLean 25 County Historical Society if the sale or delivery is approved 26 by an ordinance adopted by the county board, and the 27 municipality in which the building is located may not 28 prohibit that sale or delivery, notwithstanding any other 29 provision of this Section. The regulation of the sale and 30 delivery of alcoholic liquor in a building that is owned by 31 McLean County, situated on land owned by the county, and used 32 by the McLean County Historical Society as provided in this 33 paragraph is an exclusive power and function of the State and 34 is a denial and limitation under Article VII, Section 6, -14- LRB093 06405 LRD 13800 a 1 subsection (h) of the Illinois Constitution of the power of a 2 home rule municipality to regulate that sale and delivery. 3 Alcoholic liquors may be sold or delivered in any 4 building situated on land held in trust for any school 5 district organized under Article 34 of the School Code, if 6 the building is not used for school purposes and if the sale 7 or delivery is approved by the board of education. 8 Alcoholic liquors may be sold or delivered in buildings 9 owned by the Community Building Complex Committee of Boone 10 County, Illinois if the person or facility selling or 11 dispensing the alcoholic liquor has provided dram shop 12 liability insurance with coverage and in amounts that the 13 Committee reasonably determines are necessary. 14 Alcoholic liquors may be sold or delivered in the 15 building located at 1200 Centerville Avenue in Belleville, 16 Illinois and occupied by either the Belleville Area Special 17 Education District or the Belleville Area Special Services 18 Cooperative. 19 Alcoholic liquors may be delivered to and sold at the 20 Louis Joliet Renaissance Center, City Center Campus, located 21 at 214 N. Ottawa Street, Joliet, and the Food 22 Services/Culinary Arts Department facilities, Main Campus, 23 located at 1215 Houbolt Road, Joliet, owned by or under the 24 control of Joliet Junior College, Illinois Community College 25 District No. 525. 26 (Source: P.A. 91-239, eff. 1-1-00; 91-922, eff. 7-7-00; 27 92-512, eff. 1-1-02; 92-583, eff. 6-26-02; 92-600, eff. 28 7-1-02; revised 9-3-02.)".