Rep. William B. Black

Filed: 03/25/04

 

 


 

 


 
09300HB4055ham002 LRB093 14973 LRD 49187 a

1
AMENDMENT TO HOUSE BILL 4055

2     AMENDMENT NO. ______. Amend House Bill 4055 by replacing
3 everything after the enacting clause with the following:
 
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     (Text of Section before amendment by P.A. 93-627)
8     Sec. 6-15. No alcoholic liquors shall be sold or delivered
9 in any building belonging to or under the control of the State
10 or any political subdivision thereof except as provided in this
11 Act. The corporate authorities of any city, village,
12 incorporated town or township may provide by ordinance,
13 however, that alcoholic liquor may be sold or delivered in any
14 specifically designated building belonging to or under the
15 control of the municipality or township, or in any building
16 located on land under the control of the municipality; provided
17 that such township complies with all applicable local
18 ordinances in any incorporated area of the township. Alcoholic
19 liquor may be delivered to and sold under the authority of a
20 special use permit on any property owned by a conservation
21 district organized under the Conservation District Act,
22 provided that (i) the alcoholic liquor is sold only at an event
23 authorized by the governing board of the conservation district,
24 (ii) the issuance of the special use permit is authorized by

 

 

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

 

 

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

 

 

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1 special use permit on any property owned by a conservation
2 district organized under the Conservation District Act,
3 provided that (i) the alcoholic liquor is sold only at an event
4 authorized by the governing board of the conservation district,
5 (ii) the issuance of the special use permit is authorized by
6 the local liquor control commissioner of the territory in which
7 the property is located, and (iii) the special use permit
8 authorizes the sale of alcoholic liquor for one day or less.
9 Alcoholic liquors may be delivered to and sold at any airport
10 belonging to or under the control of a municipality of more
11 than 25,000 inhabitants, or in any building or on any golf
12 course owned by a park district organized under the Park
13 District Code, subject to the approval of the governing board
14 of the district, or in any building or on any golf course owned
15 by a forest preserve district organized under the Downstate
16 Forest Preserve District Act, subject to the approval of the
17 governing board of the district, or on the grounds within 500
18 feet of any building owned by a forest preserve district
19 organized under the Downstate Forest Preserve District Act
20 during times when food is dispensed for consumption within 500
21 feet of the building from which the food is dispensed, subject
22 to the approval of the governing board of the district, or in a
23 building owned by a Local Mass Transit District organized under
24 the Local Mass Transit District Act, subject to the approval of
25 the governing Board of the District, or in Bicentennial Park,
26 or on the premises of the City of Mendota Lake Park located
27 adjacent to Route 51 in Mendota, Illinois, or on the premises
28 of Camden Park in Milan, Illinois, or in the community center
29 owned by the City of Loves Park that is located at 1000 River
30 Park Drive in Loves Park, Illinois, or, in connection with the
31 operation of an established food serving facility during times
32 when food is dispensed for consumption on the premises, and at
33 the following aquarium and museums located in public parks: Art
34 Institute of Chicago, Chicago Academy of Sciences, Chicago

 

 

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1 Historical Society, Field Museum of Natural History, Museum of
2 Science and Industry, DuSable Museum of African American
3 History, John G. Shedd Aquarium and Adler Planetarium, or at
4 Lakeview Museum of Arts and Sciences in Peoria, or in
5 connection with the operation of the facilities of the Chicago
6 Zoological Society or the Chicago Horticultural Society on land
7 owned by the Forest Preserve District of Cook County, or on any
8 land used for a golf course or for recreational purposes owned
9 by the Forest Preserve District of Cook County, subject to the
10 control of the Forest Preserve District Board of Commissioners
11 and applicable local law, provided that dram shop liability
12 insurance is provided at maximum coverage limits so as to hold
13 the District harmless from all financial loss, damage, and
14 harm, or in any building located on land owned by the Chicago
15 Park District if approved by the Park District Commissioners,
16 or on any land used for a golf course or for recreational
17 purposes and owned by the Illinois International Port District
18 if approved by the District's governing board, or at any
19 airport, golf course, faculty center, or facility in which
20 conference and convention type activities take place belonging
21 to or under control of any State university or public community
22 college district, provided that with respect to a facility for
23 conference and convention type activities alcoholic liquors
24 shall be limited to the use of the convention or conference
25 participants or participants in cultural, political or
26 educational activities held in such facilities, and provided
27 further that the faculty or staff of the State university or a
28 public community college district, or members of an
29 organization of students, alumni, faculty or staff of the State
30 university or a public community college district are active
31 participants in the conference or convention, or in Memorial
32 Stadium on the campus of the University of Illinois at
33 Urbana-Champaign during games in which the Chicago Bears
34 professional football team is playing in that stadium during

 

 

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1 the renovation of Soldier Field, not more than one and a half
2 hours before the start of the game and not after the end of the
3 third quarter of the game, or by a catering establishment which
4 has rented facilities from a board of trustees of a public
5 community college district, or, if approved by the District
6 board, on land owned by the Metropolitan Sanitary District of
7 Greater Chicago and leased to others for a term of at least 20
8 years. Nothing in this Section precludes the sale or delivery
9 of alcoholic liquor in the form of original packaged goods in
10 premises located at 500 S. Racine in Chicago belonging to the
11 University of Illinois and used primarily as a grocery store by
12 a commercial tenant during the term of a lease that predates
13 the University's acquisition of the premises; but the
14 University shall have no power or authority to renew, transfer,
15 or extend the lease with terms allowing the sale of alcoholic
16 liquor; and the sale of alcoholic liquor shall be subject to
17 all local laws and regulations. After the acquisition by
18 Winnebago County of the property located at 404 Elm Street in
19 Rockford, a commercial tenant who sold alcoholic liquor at
20 retail on a portion of the property under a valid license at
21 the time of the acquisition may continue to do so for so long
22 as the tenant and the County may agree under existing or future
23 leases, subject to all local laws and regulations regarding the
24 sale of alcoholic liquor. Each facility shall provide dram shop
25 liability in maximum insurance coverage limits so as to save
26 harmless the State, municipality, State university, airport,
27 golf course, faculty center, facility in which conference and
28 convention type activities take place, park district, Forest
29 Preserve District, public community college district,
30 aquarium, museum, or sanitary district from all financial loss,
31 damage or harm. Alcoholic liquors may be sold at retail in
32 buildings of golf courses owned by municipalities in connection
33 with the operation of an established food serving facility
34 during times when food is dispensed for consumption upon the

 

 

09300HB4055ham002 - 18 - LRB093 14973 LRD 49187 a

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

 

 

09300HB4055ham002 - 19 - LRB093 14973 LRD 49187 a

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

 

 

09300HB4055ham002 - 20 - LRB093 14973 LRD 49187 a

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

 

 

09300HB4055ham002 - 21 - LRB093 14973 LRD 49187 a

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

 

 

09300HB4055ham002 - 22 - LRB093 14973 LRD 49187 a

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

 

 

09300HB4055ham002 - 23 - LRB093 14973 LRD 49187 a

1     Alcoholic liquors may be sold at retail or dispensed at the
2 Willard Ice Building in Springfield, at the State Library in
3 Springfield, and at Illinois State Museum facilities by (1) an
4 agency of the State, whether legislative, judicial or
5 executive, provided that such agency first obtains written
6 permission to sell or dispense alcoholic liquors from the
7 controlling government authority, or by (2) a not-for-profit
8 organization, provided that such organization:
9         a. Obtains written consent from the controlling
10 government authority;
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 authorized functions.
26     The controlling government authority for the Willard Ice
27 Building in Springfield shall be the Director of the Department
28 of Revenue. The controlling government authority for Illinois
29 State Museum facilities shall be the Director of the Illinois
30 State Museum. The controlling government authority for the
31 State Library in Springfield shall be the Secretary of State.
32     Alcoholic liquors may be delivered to and sold at retail or
33 dispensed at any facility, property or building under the
34 jurisdiction of the Historic Sites and Preservation Division of

 

 

09300HB4055ham002 - 24 - LRB093 14973 LRD 49187 a

1 the Historic Preservation Agency or the Abraham Lincoln
2 Presidential Library and Museum where the delivery, sale or
3 dispensing is by (1) an agency of the State, whether
4 legislative, judicial or executive, provided that such agency
5 first obtains written permission to sell or dispense alcoholic
6 liquors from a controlling government authority, or by (2) a
7 not-for-profit organization provided that such organization:
8         a. Obtains written consent from the controlling
9 government authority;
10         b. Sells or dispenses the alcoholic liquors in a manner
11 that does not impair normal workings of State offices or
12 operations located at the facility, property or building;
13         c. Sells or dispenses alcoholic liquors only in
14 connection with an official activity of the not-for-profit
15 organization in the facility, property or 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     The controlling government authority for the Historic
23 Sites and Preservation Division of the Historic Preservation
24 Agency shall be the Director of the Historic Sites and
25 Preservation, and the controlling government authority for the
26 Abraham Lincoln Presidential Library and Museum shall be the
27 Director of the Abraham Lincoln Presidential Library and
28 Museum.
29     Alcoholic liquors may be delivered to and sold at retail or
30 dispensed for consumption at the Michael Bilandic Building at
31 160 North LaSalle Street, Chicago IL 60601, after the normal
32 business hours of any day care or child care facility located
33 in the building, by (1) a commercial tenant or subtenant
34 conducting business on the premises under a lease made pursuant

 

 

09300HB4055ham002 - 25 - LRB093 14973 LRD 49187 a

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

 

 

09300HB4055ham002 - 26 - LRB093 14973 LRD 49187 a

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

 

 

09300HB4055ham002 - 27 - LRB093 14973 LRD 49187 a

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

 

 

09300HB4055ham002 - 28 - LRB093 14973 LRD 49187 a

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

 

 

09300HB4055ham002 - 29 - LRB093 14973 LRD 49187 a

1 92-600, eff. 7-1-02; 93-19, eff. 6-20-03; 93-103, eff. 1-1-04;
2 93-627, eff. 6-1-04; revised 1-12-04.)
 
3     Section 95. No acceleration or delay. Where this Act makes
4 changes in a statute that is represented in this Act by text
5 that is not yet or no longer in effect (for example, a Section
6 represented by multiple versions), the use of that text does
7 not accelerate or delay the taking effect of (i) the changes
8 made by this Act or (ii) provisions derived from any other
9 Public Act.
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.".