Executive Committee

Adopted in House Comm. on Mar 25, 2004

 

 


 

 


 
09300HB5613ham001 LRB093 16696 LRD 48812 a

1
AMENDMENT TO HOUSE BILL 5613

2     AMENDMENT NO. ______. Amend House Bill 5613 by replacing
3 the title with the following:
 
4     "AN ACT concerning alcoholic liquor."; and
 
5 by replacing everything after the enacting clause with the
6 following:
 
7     "Section 5. The Liquor Control Act of 1934 is amended by
8 changing Section 6-15 as follows:
 
9     (235 ILCS 5/6-15)  (from Ch. 43, par. 130)
10     (Text of Section before amendment by P.A. 93-627)
11     Sec. 6-15. No alcoholic liquors shall be sold or delivered
12 in any building belonging to or under the control of the State
13 or any political subdivision thereof except as provided in this
14 Act. The corporate authorities of any city, village,
15 incorporated town or township may provide by ordinance,
16 however, that alcoholic liquor may be sold or delivered in any
17 specifically designated building belonging to or under the
18 control of the municipality or township, or in any building
19 located on land under the control of the municipality; provided
20 that such township complies with all applicable local
21 ordinances in any incorporated area of the township. Alcoholic
22 liquors may be delivered to and sold at any airport belonging

 

 

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1 to or under the control of a municipality of more than 25,000
2 inhabitants, or in any building or on any golf course owned by
3 a park district organized under the Park District Code, subject
4 to the approval of the governing board of the district, or in
5 any building or on any golf course owned by a forest preserve
6 district organized under the Downstate Forest Preserve
7 District Act, subject to the approval of the governing board of
8 the district, or on the grounds within 500 feet of any building
9 owned by a forest preserve district organized under the
10 Downstate Forest Preserve District Act during times when food
11 is dispensed for consumption within 500 feet of the building
12 from which the food is dispensed, subject to the approval of
13 the governing board of the district, or in a building owned by
14 a Local Mass Transit District organized under the Local Mass
15 Transit District Act, subject to the approval of the governing
16 Board of the District, or in Bicentennial Park, or on the
17 premises of the City of Mendota Lake Park located adjacent to
18 Route 51 in Mendota, Illinois, or on the premises of Camden
19 Park in Milan, Illinois, or in the community center owned by
20 the City of Loves Park that is located at 1000 River Park Drive
21 in Loves Park, Illinois, or, in connection with the operation
22 of an established food serving facility during times when food
23 is dispensed for consumption on the premises, and at the
24 following aquarium and museums located in public parks: Art
25 Institute of Chicago, Chicago Academy of Sciences, Chicago
26 Historical Society, Field Museum of Natural History, Museum of
27 Science and Industry, DuSable Museum of African American
28 History, John G. Shedd Aquarium and Adler Planetarium, or at
29 Lakeview Museum of Arts and Sciences in Peoria, or in
30 connection with the operation of the facilities of the Chicago
31 Zoological Society or the Chicago Horticultural Society on land
32 owned by the Forest Preserve District of Cook County, or on any
33 land used for a golf course or for recreational purposes owned
34 by the Forest Preserve District of Cook County, subject to the

 

 

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1 control of the Forest Preserve District Board of Commissioners
2 and applicable local law, provided that dram shop liability
3 insurance is provided at maximum coverage limits so as to hold
4 the District harmless from all financial loss, damage, and
5 harm, or in any building located on land owned by the Chicago
6 Park District if approved by the Park District Commissioners,
7 or on any land used for a golf course or for recreational
8 purposes and owned by the Illinois International Port District
9 if approved by the District's governing board, or at any
10 airport, golf course, faculty center, or facility in which
11 conference and convention type activities take place belonging
12 to or under control of any State university or public community
13 college district, provided that with respect to a facility for
14 conference and convention type activities alcoholic liquors
15 shall be limited to the use of the convention or conference
16 participants or participants in cultural, political or
17 educational activities held in such facilities, and provided
18 further that the faculty or staff of the State university or a
19 public community college district, or members of an
20 organization of students, alumni, faculty or staff of the State
21 university or a public community college district are active
22 participants in the conference or convention, or in Memorial
23 Stadium on the campus of the University of Illinois at
24 Urbana-Champaign during games in which the Chicago Bears
25 professional football team is playing in that stadium during
26 the renovation of Soldier Field, not more than one and a half
27 hours before the start of the game and not after the end of the
28 third quarter of the game, or by a catering establishment which
29 has rented facilities from a board of trustees of a public
30 community college district, or in a restaurant that is operated
31 by a commercial tenant in the North Campus Parking Deck
32 building that (1) is located at 1201 West University Avenue,
33 Urbana, Illinois and (2) is owned by the Board of Trustees of
34 the University of Illinois, or, if approved by the District

 

 

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1 board, on land owned by the Metropolitan Sanitary District of
2 Greater Chicago and leased to others for a term of at least 20
3 years. Nothing in this Section precludes the sale or delivery
4 of alcoholic liquor in the form of original packaged goods in
5 premises located at 500 S. Racine in Chicago belonging to the
6 University of Illinois and used primarily as a grocery store by
7 a commercial tenant during the term of a lease that predates
8 the University's acquisition of the premises; but the
9 University shall have no power or authority to renew, transfer,
10 or extend the lease with terms allowing the sale of alcoholic
11 liquor; and the sale of alcoholic liquor shall be subject to
12 all local laws and regulations. After the acquisition by
13 Winnebago County of the property located at 404 Elm Street in
14 Rockford, a commercial tenant who sold alcoholic liquor at
15 retail on a portion of the property under a valid license at
16 the time of the acquisition may continue to do so for so long
17 as the tenant and the County may agree under existing or future
18 leases, subject to all local laws and regulations regarding the
19 sale of alcoholic liquor. Each facility shall provide dram shop
20 liability in maximum insurance coverage limits so as to save
21 harmless the State, municipality, State university, airport,
22 golf course, faculty center, facility in which conference and
23 convention type activities take place, park district, Forest
24 Preserve District, public community college district,
25 aquarium, museum, or sanitary district from all financial loss,
26 damage or harm. Alcoholic liquors may be sold at retail in
27 buildings of golf courses owned by municipalities in connection
28 with the operation of an established food serving facility
29 during times when food is dispensed for consumption upon the
30 premises. Alcoholic liquors may be delivered to and sold at
31 retail in any building owned by a fire protection district
32 organized under the Fire Protection District Act, provided that
33 such delivery and sale is approved by the board of trustees of
34 the district, and provided further that such delivery and sale

 

 

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1 is limited to fundraising events and to a maximum of 6 events
2 per year.
3     Alcoholic liquor may be delivered to and sold at retail in
4 the Dorchester Senior Business Center owned by the Village of
5 Dolton if the alcoholic liquor is sold or dispensed only in
6 connection with organized functions for which the planned
7 attendance is 20 or more persons, and if the person or facility
8 selling or dispensing the alcoholic liquor has provided dram
9 shop liability insurance in maximum limits so as to hold
10 harmless the Village of Dolton and the State from all financial
11 loss, damage and harm.
12     Alcoholic liquors may be delivered to and sold at retail in
13 any building used as an Illinois State Armory provided:
14         (i) the Adjutant General's written consent to the
15 issuance of a license to sell alcoholic liquor in such
16 building is filed with the Commission;
17         (ii) the alcoholic liquor is sold or dispensed only in
18 connection with organized functions held on special
19 occasions;
20         (iii) the organized function is one for which the
21 planned attendance is 25 or more persons; and
22         (iv) the facility selling or dispensing the alcoholic
23 liquors has provided dram shop liability insurance in
24 maximum limits so as to save harmless the facility and the
25 State from all financial loss, damage or harm.
26     Alcoholic liquors may be delivered to and sold at retail in
27 the Chicago Civic Center, provided that:
28         (i) the written consent of the Public Building
29 Commission which administers the Chicago Civic Center is
30 filed with the Commission;
31         (ii) the alcoholic liquor is sold or dispensed only in
32 connection with organized functions held on special
33 occasions;
34         (iii) the organized function is one for which the

 

 

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1 planned attendance is 25 or more persons;
2         (iv) the facility selling or dispensing the alcoholic
3 liquors has provided dram shop liability insurance in
4 maximum limits so as to hold harmless the Civic Center, the
5 City of Chicago and the State from all financial loss,
6 damage or harm; and
7         (v) all applicable local ordinances are complied with.
8     Alcoholic liquors may be delivered or sold in any building
9 belonging to or under the control of any city, village or
10 incorporated town where more than 75% of the physical
11 properties of the building is used for commercial or
12 recreational purposes, and the building is located upon a pier
13 extending into or over the waters of a navigable lake or stream
14 or on the shore of a navigable lake or stream. Alcoholic liquor
15 may be sold in buildings under the control of the Department of
16 Natural Resources when written consent to the issuance of a
17 license to sell alcoholic liquor in such buildings is filed
18 with the Commission by the Department of Natural Resources.
19 Alcoholic liquor may be served or delivered in buildings and
20 facilities under the control of the Department of Natural
21 Resources upon the written approval of the Director of Natural
22 Resources acting as the controlling government authority. The
23 Director of Natural Resources may specify conditions on that
24 approval, including but not limited to requirements for
25 insurance and hours of operation. Notwithstanding any other
26 provision of this Act, alcoholic liquor sold by a United States
27 Army Corps of Engineers or Department of Natural Resources
28 concessionaire who was operating on June 1, 1991 for
29 on-premises consumption only is not subject to the provisions
30 of Articles IV and IX. Beer and wine may be sold on the
31 premises of the Joliet Park District Stadium owned by the
32 Joliet Park District when written consent to the issuance of a
33 license to sell beer and wine in such premises is filed with
34 the local liquor commissioner by the Joliet Park District. Beer

 

 

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1 and wine may be sold in buildings on the grounds of State
2 veterans' homes when written consent to the issuance of a
3 license to sell beer and wine in such buildings is filed with
4 the Commission by the Department of Veterans' Affairs, and the
5 facility shall provide dram shop liability in maximum insurance
6 coverage limits so as to save the facility harmless from all
7 financial loss, damage or harm. Such liquors may be delivered
8 to and sold at any property owned or held under lease by a
9 Metropolitan Pier and Exposition Authority or Metropolitan
10 Exposition and Auditorium Authority.
11     Beer and wine may be sold and dispensed at professional
12 sporting events and at professional concerts and other
13 entertainment events conducted on premises owned by the Forest
14 Preserve District of Kane County, subject to the control of the
15 District Commissioners and applicable local law, provided that
16 dram shop liability insurance is provided at maximum coverage
17 limits so as to hold the District harmless from all financial
18 loss, damage and harm.
19     Nothing in this Section shall preclude the sale or delivery
20 of beer and wine at a State or county fair or the sale or
21 delivery of beer or wine at a city fair in any otherwise lawful
22 manner.
23     Alcoholic liquors may be sold at retail in buildings in
24 State parks under the control of the Department of Natural
25 Resources, provided:
26         a. the State park has overnight lodging facilities with
27 some restaurant facilities or, not having overnight
28 lodging facilities, has restaurant facilities which serve
29 complete luncheon and dinner or supper meals,
30         b. consent to the issuance of a license to sell
31 alcoholic liquors in the buildings has been filed with the
32 commission by the Department of Natural Resources, and
33         c. the alcoholic liquors are sold by the State park
34 lodge or restaurant concessionaire only during the hours

 

 

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1 from 11 o'clock a.m. until 12 o'clock midnight.
2 Notwithstanding any other provision of this Act, alcoholic
3 liquor sold by the State park or restaurant concessionaire
4 is not subject to the provisions of Articles IV and IX.
5     Alcoholic liquors may be sold at retail in buildings on
6 properties under the control of the Historic Sites and
7 Preservation Division of the Historic Preservation Agency or
8 the Abraham Lincoln Presidential Library and Museum provided:
9         a. the property has overnight lodging facilities with
10 some restaurant facilities or, not having overnight
11 lodging facilities, has restaurant facilities which serve
12 complete luncheon and dinner or supper meals,
13         b. consent to the issuance of a license to sell
14 alcoholic liquors in the buildings has been filed with the
15 commission by the Historic Sites and Preservation Division
16 of the Historic Preservation Agency or the Abraham Lincoln
17 Presidential Library and Museum, and
18         c. the alcoholic liquors are sold by the lodge or
19 restaurant concessionaire only during the hours from 11
20 o'clock a.m. until 12 o'clock midnight.
21     The sale of alcoholic liquors pursuant to this Section does
22 not authorize the establishment and operation of facilities
23 commonly called taverns, saloons, bars, cocktail lounges, and
24 the like except as a part of lodge and restaurant facilities in
25 State parks or golf courses owned by Forest Preserve Districts
26 with a population of less than 3,000,000 or municipalities or
27 park districts.
28     Alcoholic liquors may be sold at retail in the Springfield
29 Administration Building of the Department of Transportation
30 and the Illinois State Armory in Springfield; provided, that
31 the controlling government authority may consent to such sales
32 only if
33         a. the request is from a not-for-profit organization;
34         b. such sales would not impede normal operations of the

 

 

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1 departments involved;
2         c. the not-for-profit organization provides dram shop
3 liability in maximum insurance coverage limits and agrees
4 to defend, save harmless and indemnify the State of
5 Illinois from all financial loss, damage or harm;
6         d. no such sale shall be made during normal working
7 hours of the State of Illinois; and
8         e. the consent is in writing.
9     Alcoholic liquors may be sold at retail in buildings in
10 recreational areas of river conservancy districts under the
11 control of, or leased from, the river conservancy districts.
12 Such sales are subject to reasonable local regulations as
13 provided in Article IV; however, no such regulations may
14 prohibit or substantially impair the sale of alcoholic liquors
15 on Sundays or Holidays.
16     Alcoholic liquors may be provided in long term care
17 facilities owned or operated by a county under Division 5-21 or
18 5-22 of the Counties Code, when approved by the facility
19 operator and not in conflict with the regulations of the
20 Illinois Department of Public Health, to residents of the
21 facility who have had their consumption of the alcoholic
22 liquors provided approved in writing by a physician licensed to
23 practice medicine in all its branches.
24     Alcoholic liquors may be delivered to and dispensed in
25 State housing assigned to employees of the Department of
26 Corrections. No person shall furnish or allow to be furnished
27 any alcoholic liquors to any prisoner confined in any jail,
28 reformatory, prison or house of correction except upon a
29 physician's prescription for medicinal purposes.
30     Alcoholic liquors may be sold at retail or dispensed at the
31 Willard Ice Building in Springfield, at the State Library in
32 Springfield, and at Illinois State Museum facilities by (1) an
33 agency of the State, whether legislative, judicial or
34 executive, provided that such agency first obtains written

 

 

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1 permission to sell or dispense alcoholic liquors from the
2 controlling government authority, or by (2) a not-for-profit
3 organization, provided that such organization:
4         a. Obtains written consent from the controlling
5 government authority;
6         b. Sells or dispenses the alcoholic liquors in a manner
7 that does not impair normal operations of State offices
8 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 in
13 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 of
16 alcoholic liquors.
17     Nothing in this Act shall prevent a not-for-profit
18 organization or agency of the State from employing the services
19 of a catering establishment for the selling or dispensing of
20 alcoholic liquors at authorized functions.
21     The controlling government authority for the Willard Ice
22 Building in Springfield shall be the Director of the Department
23 of Revenue. The controlling government authority for Illinois
24 State Museum facilities shall be the Director of the Illinois
25 State Museum. The controlling government authority for the
26 State Library in Springfield shall be the Secretary of State.
27     Alcoholic liquors may be delivered to and sold at retail or
28 dispensed at any facility, property or building under the
29 jurisdiction of the Historic Sites and Preservation Division of
30 the Historic Preservation Agency or the Abraham Lincoln
31 Presidential Library and Museum where the delivery, sale or
32 dispensing is by (1) an agency of the State, whether
33 legislative, judicial or executive, provided that such agency
34 first obtains written permission to sell or dispense alcoholic

 

 

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1 liquors from a controlling government authority, or by (2) a
2 not-for-profit organization provided that such organization:
3         a. Obtains written consent from the controlling
4 government authority;
5         b. Sells or dispenses the alcoholic liquors in a manner
6 that does not impair normal workings of State offices or
7 operations located at the facility, property or building;
8         c. Sells or dispenses alcoholic liquors only in
9 connection with an official activity of the not-for-profit
10 organization in the facility, property or building;
11         d. Provides, or its catering service provides, dram
12 shop liability insurance in maximum coverage limits and in
13 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 of
16 alcoholic liquors.
17     The controlling government authority for the Historic
18 Sites and Preservation Division of the Historic Preservation
19 Agency shall be the Director of the Historic Sites and
20 Preservation, and the controlling government authority for the
21 Abraham Lincoln Presidential Library and Museum shall be the
22 Director of the Abraham Lincoln Presidential Library and
23 Museum.
24     Alcoholic liquors may be sold at retail or dispensed at the
25 James R. Thompson Center in Chicago, subject to the provisions
26 of Section 7.4 of the State Property Control Act, and 222 South
27 College Street in Springfield, Illinois by (1) a commercial
28 tenant or subtenant conducting business on the premises under a
29 lease or sublease made pursuant to Section 405-315 of the
30 Department of Central Management Services Law (20 ILCS
31 405/405-315), provided that such tenant or subtenant who sells
32 or dispenses alcoholic liquors shall procure and maintain dram
33 shop liability insurance in maximum coverage limits and in
34 which the carrier agrees to defend, indemnify and save harmless

 

 

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1 the State of Illinois from all financial loss, damage or harm
2 arising out of the sale or dispensing of alcoholic liquors, or
3 by (2) an 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 manner
11 that does not impair normal operations of State offices
12 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 in
17 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 of
20 alcoholic liquors.
21     Nothing in this Act shall prevent a not-for-profit
22 organization or agency of the State from employing the services
23 of a catering establishment for the selling or dispensing of
24 alcoholic liquors at functions authorized by the Director of
25 Central Management Services.
26     Alcoholic liquors may be sold or delivered at any facility
27 owned by the Illinois Sports Facilities Authority provided that
28 dram shop liability insurance has been made available in a
29 form, with such coverage and in such amounts as the Authority
30 reasonably determines is necessary.
31     Alcoholic liquors may be sold at retail or dispensed at the
32 Rockford State Office Building by (1) an agency of the State,
33 whether legislative, judicial or executive, provided that such
34 agency first obtains written permission to sell or dispense

 

 

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1 alcoholic liquors from the Department of Central Management
2 Services, or by (2) a not-for-profit organization, provided
3 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 manner
7 that does not impair normal operations of State offices
8 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 in
13 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 of
16 alcoholic liquors.
17     Nothing in this Act shall prevent a not-for-profit
18 organization or agency of the State from employing the services
19 of a catering establishment for the selling or dispensing of
20 alcoholic liquors at functions authorized by the Department of
21 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 prohibit
28 that sale or delivery, notwithstanding any other provision of
29 this Section. The regulation of the sale and delivery of
30 alcoholic liquor in a building that is owned by McLean County,
31 situated on land owned by the county, and used by the McLean
32 County Historical Society as provided in this paragraph is an
33 exclusive power and function of the State and is a denial and
34 limitation under Article VII, Section 6, subsection (h) of the

 

 

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1 Illinois Constitution of the power of a home rule municipality
2 to regulate that sale and delivery.
3     Alcoholic liquors may be sold or delivered in any building
4 situated on land held in trust for any school district
5 organized under Article 34 of the School Code, if the building
6 is not used for school purposes and if the sale or delivery is
7 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 building
15 located at 1200 Centerville Avenue in Belleville, Illinois and
16 occupied by either the Belleville Area Special Education
17 District or the Belleville Area Special Services Cooperative.
18 (Source: P.A. 92-512, eff. 1-1-02; 92-583, eff. 6-26-02;
19 92-600, eff. 7-1-02; 93-19, eff. 6-20-03; 93-103, eff. 1-1-04;
20 revised 8-1-03.)
 
21     (Text of Section after amendment by P.A. 93-627)
22     Sec. 6-15. No alcoholic liquors shall be sold or delivered
23 in any building belonging to or under the control of the State
24 or any political subdivision thereof except as provided in this
25 Act. The corporate authorities of any city, village,
26 incorporated town or township may provide by ordinance,
27 however, that alcoholic liquor may be sold or delivered in any
28 specifically designated building belonging to or under the
29 control of the municipality or township, or in any building
30 located on land under the control of the municipality; provided
31 that such township complies with all applicable local
32 ordinances in any incorporated area of the township. Alcoholic
33 liquors may be delivered to and sold at any airport belonging

 

 

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1 to or under the control of a municipality of more than 25,000
2 inhabitants, or in any building or on any golf course owned by
3 a park district organized under the Park District Code, subject
4 to the approval of the governing board of the district, or in
5 any building or on any golf course owned by a forest preserve
6 district organized under the Downstate Forest Preserve
7 District Act, subject to the approval of the governing board of
8 the district, or on the grounds within 500 feet of any building
9 owned by a forest preserve district organized under the
10 Downstate Forest Preserve District Act during times when food
11 is dispensed for consumption within 500 feet of the building
12 from which the food is dispensed, subject to the approval of
13 the governing board of the district, or in a building owned by
14 a Local Mass Transit District organized under the Local Mass
15 Transit District Act, subject to the approval of the governing
16 Board of the District, or in Bicentennial Park, or on the
17 premises of the City of Mendota Lake Park located adjacent to
18 Route 51 in Mendota, Illinois, or on the premises of Camden
19 Park in Milan, Illinois, or in the community center owned by
20 the City of Loves Park that is located at 1000 River Park Drive
21 in Loves Park, Illinois, or, in connection with the operation
22 of an established food serving facility during times when food
23 is dispensed for consumption on the premises, and at the
24 following aquarium and museums located in public parks: Art
25 Institute of Chicago, Chicago Academy of Sciences, Chicago
26 Historical Society, Field Museum of Natural History, Museum of
27 Science and Industry, DuSable Museum of African American
28 History, John G. Shedd Aquarium and Adler Planetarium, or at
29 Lakeview Museum of Arts and Sciences in Peoria, or in
30 connection with the operation of the facilities of the Chicago
31 Zoological Society or the Chicago Horticultural Society on land
32 owned by the Forest Preserve District of Cook County, or on any
33 land used for a golf course or for recreational purposes owned
34 by the Forest Preserve District of Cook County, subject to the

 

 

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1 control of the Forest Preserve District Board of Commissioners
2 and applicable local law, provided that dram shop liability
3 insurance is provided at maximum coverage limits so as to hold
4 the District harmless from all financial loss, damage, and
5 harm, or in any building located on land owned by the Chicago
6 Park District if approved by the Park District Commissioners,
7 or on any land used for a golf course or for recreational
8 purposes and owned by the Illinois International Port District
9 if approved by the District's governing board, or at any
10 airport, golf course, faculty center, or facility in which
11 conference and convention type activities take place belonging
12 to or under control of any State university or public community
13 college district, provided that with respect to a facility for
14 conference and convention type activities alcoholic liquors
15 shall be limited to the use of the convention or conference
16 participants or participants in cultural, political or
17 educational activities held in such facilities, and provided
18 further that the faculty or staff of the State university or a
19 public community college district, or members of an
20 organization of students, alumni, faculty or staff of the State
21 university or a public community college district are active
22 participants in the conference or convention, or in Memorial
23 Stadium on the campus of the University of Illinois at
24 Urbana-Champaign during games in which the Chicago Bears
25 professional football team is playing in that stadium during
26 the renovation of Soldier Field, not more than one and a half
27 hours before the start of the game and not after the end of the
28 third quarter of the game, or by a catering establishment which
29 has rented facilities from a board of trustees of a public
30 community college district, or in a restaurant that is operated
31 by a commercial tenant in the North Campus Parking Deck
32 building that (1) is located at 1201 West University Avenue,
33 Urbana, Illinois and (2) is owned by the Board of Trustees of
34 the University of Illinois, or, if approved by the District

 

 

09300HB5613ham001 - 17 - LRB093 16696 LRD 48812 a

1 board, on land owned by the Metropolitan Sanitary District of
2 Greater Chicago and leased to others for a term of at least 20
3 years. Nothing in this Section precludes the sale or delivery
4 of alcoholic liquor in the form of original packaged goods in
5 premises located at 500 S. Racine in Chicago belonging to the
6 University of Illinois and used primarily as a grocery store by
7 a commercial tenant during the term of a lease that predates
8 the University's acquisition of the premises; but the
9 University shall have no power or authority to renew, transfer,
10 or extend the lease with terms allowing the sale of alcoholic
11 liquor; and the sale of alcoholic liquor shall be subject to
12 all local laws and regulations. After the acquisition by
13 Winnebago County of the property located at 404 Elm Street in
14 Rockford, a commercial tenant who sold alcoholic liquor at
15 retail on a portion of the property under a valid license at
16 the time of the acquisition may continue to do so for so long
17 as the tenant and the County may agree under existing or future
18 leases, subject to all local laws and regulations regarding the
19 sale of alcoholic liquor. Each facility shall provide dram shop
20 liability in maximum insurance coverage limits so as to save
21 harmless the State, municipality, State university, airport,
22 golf course, faculty center, facility in which conference and
23 convention type activities take place, park district, Forest
24 Preserve District, public community college district,
25 aquarium, museum, or sanitary district from all financial loss,
26 damage or harm. Alcoholic liquors may be sold at retail in
27 buildings of golf courses owned by municipalities in connection
28 with the operation of an established food serving facility
29 during times when food is dispensed for consumption upon the
30 premises. Alcoholic liquors may be delivered to and sold at
31 retail in any building owned by a fire protection district
32 organized under the Fire Protection District Act, provided that
33 such delivery and sale is approved by the board of trustees of
34 the district, and provided further that such delivery and sale

 

 

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1 is limited to fundraising events and to a maximum of 6 events
2 per year.
3     Alcoholic liquor may be delivered to and sold at retail in
4 the Dorchester Senior Business Center owned by the Village of
5 Dolton if the alcoholic liquor is sold or dispensed only in
6 connection with organized functions for which the planned
7 attendance is 20 or more persons, and if the person or facility
8 selling or dispensing the alcoholic liquor has provided dram
9 shop liability insurance in maximum limits so as to hold
10 harmless the Village of Dolton and the State from all financial
11 loss, damage and harm.
12     Alcoholic liquors may be delivered to and sold at retail in
13 any building used as an Illinois State Armory provided:
14         (i) the Adjutant General's written consent to the
15 issuance of a license to sell alcoholic liquor in such
16 building is filed with the Commission;
17         (ii) the alcoholic liquor is sold or dispensed only in
18 connection with organized functions held on special
19 occasions;
20         (iii) the organized function is one for which the
21 planned attendance is 25 or more persons; and
22         (iv) the facility selling or dispensing the alcoholic
23 liquors has provided dram shop liability insurance in
24 maximum limits so as to save harmless the facility and the
25 State from all financial loss, damage or harm.
26     Alcoholic liquors may be delivered to and sold at retail in
27 the Chicago Civic Center, provided that:
28         (i) the written consent of the Public Building
29 Commission which administers the Chicago Civic Center is
30 filed with the Commission;
31         (ii) the alcoholic liquor is sold or dispensed only in
32 connection with organized functions held on special
33 occasions;
34         (iii) the organized function is one for which the

 

 

09300HB5613ham001 - 19 - LRB093 16696 LRD 48812 a

1 planned attendance is 25 or more persons;
2         (iv) the facility selling or dispensing the alcoholic
3 liquors has provided dram shop liability insurance in
4 maximum limits so as to hold harmless the Civic Center, the
5 City of Chicago and the State from all financial loss,
6 damage or harm; and
7         (v) all applicable local ordinances are complied with.
8     Alcoholic liquors may be delivered or sold in any building
9 belonging to or under the control of any city, village or
10 incorporated town where more than 75% of the physical
11 properties of the building is used for commercial or
12 recreational purposes, and the building is located upon a pier
13 extending into or over the waters of a navigable lake or stream
14 or on the shore of a navigable lake or stream. Alcoholic liquor
15 may be sold in buildings under the control of the Department of
16 Natural Resources when written consent to the issuance of a
17 license to sell alcoholic liquor in such buildings is filed
18 with the Commission by the Department of Natural Resources.
19 Alcoholic liquor may be served or delivered in buildings and
20 facilities under the control of the Department of Natural
21 Resources upon the written approval of the Director of Natural
22 Resources acting as the controlling government authority. The
23 Director of Natural Resources may specify conditions on that
24 approval, including but not limited to requirements for
25 insurance and hours of operation. Notwithstanding any other
26 provision of this Act, alcoholic liquor sold by a United States
27 Army Corps of Engineers or Department of Natural Resources
28 concessionaire who was operating on June 1, 1991 for
29 on-premises consumption only is not subject to the provisions
30 of Articles IV and IX. Beer and wine may be sold on the
31 premises of the Joliet Park District Stadium owned by the
32 Joliet Park District when written consent to the issuance of a
33 license to sell beer and wine in such premises is filed with
34 the local liquor commissioner by the Joliet Park District. Beer

 

 

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1 and wine may be sold in buildings on the grounds of State
2 veterans' homes when written consent to the issuance of a
3 license to sell beer and wine in such buildings is filed with
4 the Commission by the Department of Veterans' Affairs, and the
5 facility shall provide dram shop liability in maximum insurance
6 coverage limits so as to save the facility harmless from all
7 financial loss, damage or harm. Such liquors may be delivered
8 to and sold at any property owned or held under lease by a
9 Metropolitan Pier and Exposition Authority or Metropolitan
10 Exposition and Auditorium Authority.
11     Beer and wine may be sold and dispensed at professional
12 sporting events and at professional concerts and other
13 entertainment events conducted on premises owned by the Forest
14 Preserve District of Kane County, subject to the control of the
15 District Commissioners and applicable local law, provided that
16 dram shop liability insurance is provided at maximum coverage
17 limits so as to hold the District harmless from all financial
18 loss, damage and harm.
19     Nothing in this Section shall preclude the sale or delivery
20 of beer and wine at a State or county fair or the sale or
21 delivery of beer or wine at a city fair in any otherwise lawful
22 manner.
23     Alcoholic liquors may be sold at retail in buildings in
24 State parks under the control of the Department of Natural
25 Resources, provided:
26         a. the State park has overnight lodging facilities with
27 some restaurant facilities or, not having overnight
28 lodging facilities, has restaurant facilities which serve
29 complete luncheon and dinner or supper meals,
30         b. consent to the issuance of a license to sell
31 alcoholic liquors in the buildings has been filed with the
32 commission by the Department of Natural Resources, and
33         c. the alcoholic liquors are sold by the State park
34 lodge or restaurant concessionaire only during the hours

 

 

09300HB5613ham001 - 21 - LRB093 16696 LRD 48812 a

1 from 11 o'clock a.m. until 12 o'clock midnight.
2 Notwithstanding any other provision of this Act, alcoholic
3 liquor sold by the State park or restaurant concessionaire
4 is not subject to the provisions of Articles IV and IX.
5     Alcoholic liquors may be sold at retail in buildings on
6 properties under the control of the Historic Sites and
7 Preservation Division of the Historic Preservation Agency or
8 the Abraham Lincoln Presidential Library and Museum provided:
9         a. the property has overnight lodging facilities with
10 some restaurant facilities or, not having overnight
11 lodging facilities, has restaurant facilities which serve
12 complete luncheon and dinner or supper meals,
13         b. consent to the issuance of a license to sell
14 alcoholic liquors in the buildings has been filed with the
15 commission by the Historic Sites and Preservation Division
16 of the Historic Preservation Agency or the Abraham Lincoln
17 Presidential Library and Museum, and
18         c. the alcoholic liquors are sold by the lodge or
19 restaurant concessionaire only during the hours from 11
20 o'clock a.m. until 12 o'clock midnight.
21     The sale of alcoholic liquors pursuant to this Section does
22 not authorize the establishment and operation of facilities
23 commonly called taverns, saloons, bars, cocktail lounges, and
24 the like except as a part of lodge and restaurant facilities in
25 State parks or golf courses owned by Forest Preserve Districts
26 with a population of less than 3,000,000 or municipalities or
27 park districts.
28     Alcoholic liquors may be sold at retail in the Springfield
29 Administration Building of the Department of Transportation
30 and the Illinois State Armory in Springfield; provided, that
31 the controlling government authority may consent to such sales
32 only if
33         a. the request is from a not-for-profit organization;
34         b. such sales would not impede normal operations of the

 

 

09300HB5613ham001 - 22 - LRB093 16696 LRD 48812 a

1 departments involved;
2         c. the not-for-profit organization provides dram shop
3 liability in maximum insurance coverage limits and agrees
4 to defend, save harmless and indemnify the State of
5 Illinois from all financial loss, damage or harm;
6         d. no such sale shall be made during normal working
7 hours of the State of Illinois; and
8         e. the consent is in writing.
9     Alcoholic liquors may be sold at retail in buildings in
10 recreational areas of river conservancy districts under the
11 control of, or leased from, the river conservancy districts.
12 Such sales are subject to reasonable local regulations as
13 provided in Article IV; however, no such regulations may
14 prohibit or substantially impair the sale of alcoholic liquors
15 on Sundays or Holidays.
16     Alcoholic liquors may be provided in long term care
17 facilities owned or operated by a county under Division 5-21 or
18 5-22 of the Counties Code, when approved by the facility
19 operator and not in conflict with the regulations of the
20 Illinois Department of Public Health, to residents of the
21 facility who have had their consumption of the alcoholic
22 liquors provided approved in writing by a physician licensed to
23 practice medicine in all its branches.
24     Alcoholic liquors may be delivered to and dispensed in
25 State housing assigned to employees of the Department of
26 Corrections. No person shall furnish or allow to be furnished
27 any alcoholic liquors to any prisoner confined in any jail,
28 reformatory, prison or house of correction except upon a
29 physician's prescription for medicinal purposes.
30     Alcoholic liquors may be sold at retail or dispensed at the
31 Willard Ice Building in Springfield, at the State Library in
32 Springfield, and at Illinois State Museum facilities by (1) an
33 agency of the State, whether legislative, judicial or
34 executive, provided that such agency first obtains written

 

 

09300HB5613ham001 - 23 - LRB093 16696 LRD 48812 a

1 permission to sell or dispense alcoholic liquors from the
2 controlling government authority, or by (2) a not-for-profit
3 organization, provided that such organization:
4         a. Obtains written consent from the controlling
5 government authority;
6         b. Sells or dispenses the alcoholic liquors in a manner
7 that does not impair normal operations of State offices
8 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 in
13 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 of
16 alcoholic liquors.
17     Nothing in this Act shall prevent a not-for-profit
18 organization or agency of the State from employing the services
19 of a catering establishment for the selling or dispensing of
20 alcoholic liquors at authorized functions.
21     The controlling government authority for the Willard Ice
22 Building in Springfield shall be the Director of the Department
23 of Revenue. The controlling government authority for Illinois
24 State Museum facilities shall be the Director of the Illinois
25 State Museum. The controlling government authority for the
26 State Library in Springfield shall be the Secretary of State.
27     Alcoholic liquors may be delivered to and sold at retail or
28 dispensed at any facility, property or building under the
29 jurisdiction of the Historic Sites and Preservation Division of
30 the Historic Preservation Agency or the Abraham Lincoln
31 Presidential Library and Museum where the delivery, sale or
32 dispensing is by (1) an agency of the State, whether
33 legislative, judicial or executive, provided that such agency
34 first obtains written permission to sell or dispense alcoholic

 

 

09300HB5613ham001 - 24 - LRB093 16696 LRD 48812 a

1 liquors from a controlling government authority, or by (2) a
2 not-for-profit organization provided that such organization:
3         a. Obtains written consent from the controlling
4 government authority;
5         b. Sells or dispenses the alcoholic liquors in a manner
6 that does not impair normal workings of State offices or
7 operations located at the facility, property or building;
8         c. Sells or dispenses alcoholic liquors only in
9 connection with an official activity of the not-for-profit
10 organization in the facility, property or building;
11         d. Provides, or its catering service provides, dram
12 shop liability insurance in maximum coverage limits and in
13 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 of
16 alcoholic liquors.
17     The controlling government authority for the Historic
18 Sites and Preservation Division of the Historic Preservation
19 Agency shall be the Director of the Historic Sites and
20 Preservation, and the controlling government authority for the
21 Abraham Lincoln Presidential Library and Museum shall be the
22 Director of the Abraham Lincoln Presidential Library and
23 Museum.
24     Alcoholic liquors may be delivered to and sold at retail or
25 dispensed for consumption at the Michael Bilandic Building at
26 160 North LaSalle Street, Chicago IL 60601, after the normal
27 business hours of any day care or child care facility located
28 in the building, by (1) a commercial tenant or subtenant
29 conducting business on the premises under a lease made pursuant
30 to Section 405-315 of the Department of Central Management
31 Services Law (20 ILCS 405/405-315), provided that such tenant
32 or subtenant who accepts delivery of, sells, or dispenses
33 alcoholic liquors shall procure and maintain dram shop
34 liability insurance in maximum coverage limits and in which the

 

 

09300HB5613ham001 - 25 - LRB093 16696 LRD 48812 a

1 carrier agrees to defend, indemnify, and save harmless the
2 State of Illinois from all financial loss, damage, or harm
3 arising out of the delivery, sale, or dispensing of alcoholic
4 liquors, or by (2) an agency of the State, whether legislative,
5 judicial, or executive, provided that such agency first obtains
6 written permission to accept delivery of and sell or dispense
7 alcoholic liquors from the Director of Central Management
8 Services, or by (3) a not-for-profit organization, provided
9 that such organization:
10         a. obtains written consent from the Department of
11 Central Management Services;
12         b. accepts delivery of and sells or dispenses the
13 alcoholic liquors in a manner that does not impair normal
14 operations of State offices located in the building;
15         c. accepts delivery of and sells or dispenses alcoholic
16 liquors only in connection with an official activity in the
17 building; and
18         d. provides, or its catering service provides, dram
19 shop liability insurance in maximum coverage limits and in
20 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 of
23 alcoholic liquors.
24     Nothing in this Act shall prevent a not-for-profit
25 organization or agency of the State from employing the services
26 of a catering establishment for the selling or dispensing of
27 alcoholic liquors at functions authorized by the Director of
28 Central Management Services.
29     Alcoholic liquors may be sold at retail or dispensed at the
30 James R. Thompson Center in Chicago, subject to the provisions
31 of Section 7.4 of the State Property Control Act, and 222 South
32 College Street in Springfield, Illinois by (1) a commercial
33 tenant or subtenant conducting business on the premises under a
34 lease or sublease made pursuant to Section 405-315 of the

 

 

09300HB5613ham001 - 26 - LRB093 16696 LRD 48812 a

1 Department of Central Management Services Law (20 ILCS
2 405/405-315), provided that such tenant or subtenant who sells
3 or dispenses alcoholic liquors shall procure and maintain dram
4 shop liability insurance in maximum coverage limits and in
5 which the carrier agrees to defend, indemnify and save harmless
6 the State of Illinois from all financial loss, damage or harm
7 arising out of the sale or dispensing of alcoholic liquors, or
8 by (2) an agency of the State, whether legislative, judicial or
9 executive, provided that such agency first obtains written
10 permission to sell or dispense alcoholic liquors from the
11 Director of Central Management Services, or by (3) a
12 not-for-profit organization, provided that such organization:
13         a. Obtains written consent from the Department of
14 Central Management Services;
15         b. Sells or dispenses the alcoholic liquors in a manner
16 that does not impair normal operations of State offices
17 located in the building;
18         c. Sells or dispenses alcoholic liquors only in
19 connection with an official activity in the building;
20         d. Provides, or its catering service provides, dram
21 shop liability insurance in maximum coverage limits and in
22 which the carrier agrees to defend, save harmless and
23 indemnify the State of Illinois from all financial loss,
24 damage or harm arising out of the selling or dispensing of
25 alcoholic liquors.
26     Nothing in this Act shall prevent a not-for-profit
27 organization or agency of the State from employing the services
28 of a catering establishment for the selling or dispensing of
29 alcoholic liquors at functions authorized by the Director of
30 Central Management Services.
31     Alcoholic liquors may be sold or delivered at any facility
32 owned by the Illinois Sports Facilities Authority provided that
33 dram shop liability insurance has been made available in a
34 form, with such coverage and in such amounts as the Authority

 

 

09300HB5613ham001 - 27 - LRB093 16696 LRD 48812 a

1 reasonably determines is necessary.
2     Alcoholic liquors may be sold at retail or dispensed at the
3 Rockford State Office Building by (1) an agency of the State,
4 whether legislative, judicial or executive, provided that such
5 agency first obtains written permission to sell or dispense
6 alcoholic liquors from the Department of Central Management
7 Services, or by (2) a not-for-profit organization, provided
8 that such organization:
9         a. Obtains written consent from the Department of
10 Central Management Services;
11         b. Sells or dispenses the alcoholic liquors in a manner
12 that does not impair normal operations of State offices
13 located in the building;
14         c. Sells or dispenses alcoholic liquors only in
15 connection with an official activity in the building;
16         d. Provides, or its catering service provides, dram
17 shop liability insurance in maximum coverage limits and in
18 which the carrier agrees to defend, save harmless and
19 indemnify the State of Illinois from all financial loss,
20 damage or harm arising out of the selling or dispensing of
21 alcoholic liquors.
22     Nothing in this Act shall prevent a not-for-profit
23 organization or agency of the State from employing the services
24 of a catering establishment for the selling or dispensing of
25 alcoholic liquors at functions authorized by the Department of
26 Central Management Services.
27     Alcoholic liquors may be sold or delivered in a building
28 that is owned by McLean County, situated on land owned by the
29 county in the City of Bloomington, and used by the McLean
30 County Historical Society if the sale or delivery is approved
31 by an ordinance adopted by the county board, and the
32 municipality in which the building is located may not prohibit
33 that sale or delivery, notwithstanding any other provision of
34 this Section. The regulation of the sale and delivery of

 

 

09300HB5613ham001 - 28 - LRB093 16696 LRD 48812 a

1 alcoholic liquor in a building that is owned by McLean County,
2 situated on land owned by the county, and used by the McLean
3 County Historical Society as provided in this paragraph is an
4 exclusive power and function of the State and is a denial and
5 limitation under Article VII, Section 6, subsection (h) of the
6 Illinois Constitution of the power of a home rule municipality
7 to regulate that sale and delivery.
8     Alcoholic liquors may be sold or delivered in any building
9 situated on land held in trust for any school district
10 organized under Article 34 of the School Code, if the building
11 is not used for school purposes and if the sale or delivery is
12 approved by the board of education.
13     Alcoholic liquors may be sold or delivered in buildings
14 owned by the Community Building Complex Committee of Boone
15 County, Illinois if the person or facility selling or
16 dispensing the alcoholic liquor has provided dram shop
17 liability insurance with coverage and in amounts that the
18 Committee reasonably determines are necessary.
19     Alcoholic liquors may be sold or delivered in the building
20 located at 1200 Centerville Avenue in Belleville, Illinois and
21 occupied by either the Belleville Area Special Education
22 District or the Belleville Area Special Services Cooperative.
23     Alcoholic liquors may be delivered to and sold at the Louis
24 Joliet Renaissance Center, City Center Campus, located at 214
25 N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
26 Department facilities, Main Campus, located at 1215 Houbolt
27 Road, Joliet, owned by or under the control of Joliet Junior
28 College, Illinois Community College District No. 525.
29 (Source: P.A. 92-512, eff. 1-1-02; 92-583, eff. 6-26-02;
30 92-600, eff. 7-1-02; 93-19, eff. 6-20-03; 93-103, eff. 1-1-04;
31 93-627, eff. 6-1-04; revised 1-12-04.)
 
32     Section 95. No acceleration or delay. Where this Act makes
33 changes in a statute that is represented in this Act by text

 

 

09300HB5613ham001 - 29 - LRB093 16696 LRD 48812 a

1 that is not yet or no longer in effect (for example, a Section
2 represented by multiple versions), the use of that text does
3 not accelerate or delay the taking effect of (i) the changes
4 made by this Act or (ii) provisions derived from any other
5 Public Act.
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.".