Illinois General Assembly - Full Text of HB4055
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Full Text of HB4055  93rd General Assembly

HB4055enr 93RD GENERAL ASSEMBLY



 


 
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1     AN ACT in relation to alcoholic liquor.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Liquor Control Act of 1934 is amended by
5 changing Section 6-15 as follows:
 
6     (235 ILCS 5/6-15)  (from Ch. 43, par. 130)
7     (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
25 the local liquor control commissioner of the territory in which
26 the property is located, and (iii) the special use permit
27 authorizes the sale of alcoholic liquor for one day or less.
28 Alcoholic liquors may be delivered to and sold at any airport
29 belonging to or under the control of a municipality of more
30 than 25,000 inhabitants, or in any building or on any golf
31 course owned by a park district organized under the Park
32 District Code, subject to the approval of the governing board

 

 

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

 

 

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1 or on any land used for a golf course or for recreational
2 purposes and owned by the Illinois International Port District
3 if approved by the District's governing board, or at any
4 airport, golf course, faculty center, or facility in which
5 conference and convention type activities take place belonging
6 to or under control of any State university or public community
7 college district, provided that with respect to a facility for
8 conference and convention type activities alcoholic liquors
9 shall be limited to the use of the convention or conference
10 participants or participants in cultural, political or
11 educational activities held in such facilities, and provided
12 further that the faculty or staff of the State university or a
13 public community college district, or members of an
14 organization of students, alumni, faculty or staff of the State
15 university or a public community college district are active
16 participants in the conference or convention, or in Memorial
17 Stadium on the campus of the University of Illinois at
18 Urbana-Champaign during games in which the Chicago Bears
19 professional football team is playing in that stadium during
20 the renovation of Soldier Field, not more than one and a half
21 hours before the start of the game and not after the end of the
22 third quarter of the game, or by a catering establishment which
23 has rented facilities from a board of trustees of a public
24 community college district, or, if approved by the District
25 board, on land owned by the Metropolitan Sanitary District of
26 Greater Chicago and leased to others for a term of at least 20
27 years. Nothing in this Section precludes the sale or delivery
28 of alcoholic liquor in the form of original packaged goods in
29 premises located at 500 S. Racine in Chicago belonging to the
30 University of Illinois and used primarily as a grocery store by
31 a commercial tenant during the term of a lease that predates
32 the University's acquisition of the premises; but the
33 University shall have no power or authority to renew, transfer,
34 or extend the lease with terms allowing the sale of alcoholic
35 liquor; and the sale of alcoholic liquor shall be subject to
36 all local laws and regulations. After the acquisition by

 

 

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1 Winnebago County of the property located at 404 Elm Street in
2 Rockford, a commercial tenant who sold alcoholic liquor at
3 retail on a portion of the property under a valid license at
4 the time of the acquisition may continue to do so for so long
5 as the tenant and the County may agree under existing or future
6 leases, subject to all local laws and regulations regarding the
7 sale of alcoholic liquor. Each facility shall provide dram shop
8 liability in maximum insurance coverage limits so as to save
9 harmless the State, municipality, State university, airport,
10 golf course, faculty center, facility in which conference and
11 convention type activities take place, park district, Forest
12 Preserve District, public community college district,
13 aquarium, museum, or sanitary district from all financial loss,
14 damage or harm. Alcoholic liquors may be sold at retail in
15 buildings of golf courses owned by municipalities in connection
16 with the operation of an established food serving facility
17 during times when food is dispensed for consumption upon the
18 premises. Alcoholic liquors may be delivered to and sold at
19 retail in any building owned by a fire protection district
20 organized under the Fire Protection District Act, provided that
21 such delivery and sale is approved by the board of trustees of
22 the district, and provided further that such delivery and sale
23 is limited to fundraising events and to a maximum of 6 events
24 per year.
25     Alcoholic liquor may be delivered to and sold at retail in
26 the Dorchester Senior Business Center owned by the Village of
27 Dolton if the alcoholic liquor is sold or dispensed only in
28 connection with organized functions for which the planned
29 attendance is 20 or more persons, and if the person or facility
30 selling or dispensing the alcoholic liquor has provided dram
31 shop liability insurance in maximum limits so as to hold
32 harmless the Village of Dolton and the State from all financial
33 loss, damage and harm.
34     Alcoholic liquors may be delivered to and sold at retail in
35 any building used as an Illinois State Armory provided:
36         (i) the Adjutant General's written consent to the

 

 

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1     issuance of a license to sell alcoholic liquor in such
2     building is filed with the Commission;
3         (ii) the alcoholic liquor is sold or dispensed only in
4     connection with organized functions held on special
5     occasions;
6         (iii) the organized function is one for which the
7     planned attendance is 25 or more persons; and
8         (iv) the facility selling or dispensing the alcoholic
9     liquors has provided dram shop liability insurance in
10     maximum limits so as to save harmless the facility and the
11     State from all financial loss, damage or harm.
12     Alcoholic liquors may be delivered to and sold at retail in
13 the Chicago Civic Center, provided that:
14         (i) the written consent of the Public Building
15     Commission which administers the Chicago Civic Center is
16     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;
22         (iv) the facility selling or dispensing the alcoholic
23     liquors has provided dram shop liability insurance in
24     maximum limits so as to hold harmless the Civic Center, the
25     City of Chicago and the State from all financial loss,
26     damage or harm; and
27         (v) all applicable local ordinances are complied with.
28     Alcoholic liquors may be delivered or sold in any building
29 belonging to or under the control of any city, village or
30 incorporated town where more than 75% of the physical
31 properties of the building is used for commercial or
32 recreational purposes, and the building is located upon a pier
33 extending into or over the waters of a navigable lake or stream
34 or on the shore of a navigable lake or stream. Alcoholic liquor
35 may be sold in buildings under the control of the Department of
36 Natural Resources when written consent to the issuance of a

 

 

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1 license to sell alcoholic liquor in such buildings is filed
2 with the Commission by the Department of Natural Resources.
3 Alcoholic liquor may be served or delivered in buildings and
4 facilities under the control of the Department of Natural
5 Resources upon the written approval of the Director of Natural
6 Resources acting as the controlling government authority. The
7 Director of Natural Resources may specify conditions on that
8 approval, including but not limited to requirements for
9 insurance and hours of operation. Notwithstanding any other
10 provision of this Act, alcoholic liquor sold by a United States
11 Army Corps of Engineers or Department of Natural Resources
12 concessionaire who was operating on June 1, 1991 for
13 on-premises consumption only is not subject to the provisions
14 of Articles IV and IX. Beer and wine may be sold on the
15 premises of the Joliet Park District Stadium owned by the
16 Joliet Park District when written consent to the issuance of a
17 license to sell beer and wine in such premises is filed with
18 the local liquor commissioner by the Joliet Park District. Beer
19 and wine may be sold in buildings on the grounds of State
20 veterans' homes when written consent to the issuance of a
21 license to sell beer and wine in such buildings is filed with
22 the Commission by the Department of Veterans' Affairs, and the
23 facility shall provide dram shop liability in maximum insurance
24 coverage limits so as to save the facility harmless from all
25 financial loss, damage or harm. Such liquors may be delivered
26 to and sold at any property owned or held under lease by a
27 Metropolitan Pier and Exposition Authority or Metropolitan
28 Exposition and Auditorium Authority.
29     Beer and wine may be sold and dispensed at professional
30 sporting events and at professional concerts and other
31 entertainment events conducted on premises owned by the Forest
32 Preserve District of Kane County, subject to the control of the
33 District Commissioners and applicable local law, provided that
34 dram shop liability insurance is provided at maximum coverage
35 limits so as to hold the District harmless from all financial
36 loss, damage and harm.

 

 

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1     Nothing in this Section shall preclude the sale or delivery
2 of beer and wine at a State or county fair or the sale or
3 delivery of beer or wine at a city fair in any otherwise lawful
4 manner.
5     Alcoholic liquors may be sold at retail in buildings in
6 State parks under the control of the Department of Natural
7 Resources, provided:
8         a. the State park has overnight lodging facilities with
9     some restaurant facilities or, not having overnight
10     lodging facilities, has restaurant facilities which serve
11     complete luncheon and dinner or supper meals,
12         b. consent to the issuance of a license to sell
13     alcoholic liquors in the buildings has been filed with the
14     commission by the Department of Natural Resources, and
15         c. the alcoholic liquors are sold by the State park
16     lodge or restaurant concessionaire only during the hours
17     from 11 o'clock a.m. until 12 o'clock midnight.
18     Notwithstanding any other provision of this Act, alcoholic
19     liquor sold by the State park or restaurant concessionaire
20     is not subject to the provisions of Articles IV and IX.
21     Alcoholic liquors may be sold at retail in buildings on
22 properties under the control of the Historic Sites and
23 Preservation Division of the Historic Preservation Agency or
24 the Abraham Lincoln Presidential Library and Museum provided:
25         a. the property has overnight lodging facilities with
26     some restaurant facilities or, not having overnight
27     lodging facilities, has restaurant facilities which serve
28     complete luncheon and dinner or supper meals,
29         b. consent to the issuance of a license to sell
30     alcoholic liquors in the buildings has been filed with the
31     commission by the Historic Sites and Preservation Division
32     of the Historic Preservation Agency or the Abraham Lincoln
33     Presidential Library and Museum, and
34         c. the alcoholic liquors are sold by the lodge or
35     restaurant concessionaire only during the hours from 11
36     o'clock a.m. until 12 o'clock midnight.

 

 

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1     The sale of alcoholic liquors pursuant to this Section does
2 not authorize the establishment and operation of facilities
3 commonly called taverns, saloons, bars, cocktail lounges, and
4 the like except as a part of lodge and restaurant facilities in
5 State parks or golf courses owned by Forest Preserve Districts
6 with a population of less than 3,000,000 or municipalities or
7 park districts.
8     Alcoholic liquors may be sold at retail in the Springfield
9 Administration Building of the Department of Transportation
10 and the Illinois State Armory in Springfield; provided, that
11 the controlling government authority may consent to such sales
12 only if
13         a. the request is from a not-for-profit organization;
14         b. such sales would not impede normal operations of the
15     departments involved;
16         c. the not-for-profit organization provides dram shop
17     liability in maximum insurance coverage limits and agrees
18     to defend, save harmless and indemnify the State of
19     Illinois from all financial loss, damage or harm;
20         d. no such sale shall be made during normal working
21     hours of the State of Illinois; and
22         e. the consent is in writing.
23     Alcoholic liquors may be sold at retail in buildings in
24 recreational areas of river conservancy districts under the
25 control of, or leased from, the river conservancy districts.
26 Such sales are subject to reasonable local regulations as
27 provided in Article IV; however, no such regulations may
28 prohibit or substantially impair the sale of alcoholic liquors
29 on Sundays or Holidays.
30     Alcoholic liquors may be provided in long term care
31 facilities owned or operated by a county under Division 5-21 or
32 5-22 of the Counties Code, when approved by the facility
33 operator and not in conflict with the regulations of the
34 Illinois Department of Public Health, to residents of the
35 facility who have had their consumption of the alcoholic
36 liquors provided approved in writing by a physician licensed to

 

 

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1 practice medicine in all its branches.
2     Alcoholic liquors may be delivered to and dispensed in
3 State housing assigned to employees of the Department of
4 Corrections. No person shall furnish or allow to be furnished
5 any alcoholic liquors to any prisoner confined in any jail,
6 reformatory, prison or house of correction except upon a
7 physician's prescription for medicinal purposes.
8     Alcoholic liquors may be sold at retail or dispensed at the
9 Willard Ice Building in Springfield, at the State Library in
10 Springfield, and at Illinois State Museum facilities by (1) an
11 agency of the State, whether legislative, judicial or
12 executive, provided that such agency first obtains written
13 permission to sell or dispense alcoholic liquors from the
14 controlling government authority, or by (2) a not-for-profit
15 organization, provided that such organization:
16         a. Obtains written consent from the controlling
17     government authority;
18         b. Sells or dispenses the alcoholic liquors in a manner
19     that does not impair normal operations of State offices
20     located in the building;
21         c. Sells or dispenses alcoholic liquors only in
22     connection with an official activity in the building;
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 authorized functions.
33     The controlling government authority for the Willard Ice
34 Building in Springfield shall be the Director of the Department
35 of Revenue. The controlling government authority for Illinois
36 State Museum facilities shall be the Director of the Illinois

 

 

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1 State Museum. The controlling government authority for the
2 State Library in Springfield shall be the Secretary of State.
3     Alcoholic liquors may be delivered to and sold at retail or
4 dispensed at any facility, property or building under the
5 jurisdiction of the Historic Sites and Preservation Division of
6 the Historic Preservation Agency or the Abraham Lincoln
7 Presidential Library and Museum where the delivery, sale or
8 dispensing is by (1) an agency of the State, whether
9 legislative, judicial or executive, provided that such agency
10 first obtains written permission to sell or dispense alcoholic
11 liquors from a controlling government authority, or by (2) a
12 not-for-profit organization provided that such organization:
13         a. Obtains written consent from the controlling
14     government authority;
15         b. Sells or dispenses the alcoholic liquors in a manner
16     that does not impair normal workings of State offices or
17     operations located at the facility, property or building;
18         c. Sells or dispenses alcoholic liquors only in
19     connection with an official activity of the not-for-profit
20     organization in the facility, property or 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     The controlling government authority for the Historic
28 Sites and Preservation Division of the Historic Preservation
29 Agency shall be the Director of the Historic Sites and
30 Preservation, and the controlling government authority for the
31 Abraham Lincoln Presidential Library and Museum shall be the
32 Director of the Abraham Lincoln Presidential Library and
33 Museum.
34     Alcoholic liquors may be sold at retail or dispensed at the
35 James R. Thompson Center in Chicago, subject to the provisions
36 of Section 7.4 of the State Property Control Act, and 222 South

 

 

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1 College Street in Springfield, Illinois by (1) a commercial
2 tenant or subtenant conducting business on the premises under a
3 lease or sublease made pursuant to Section 405-315 of the
4 Department of Central Management Services Law (20 ILCS
5 405/405-315), provided that such tenant or subtenant who sells
6 or dispenses alcoholic liquors shall procure and maintain dram
7 shop liability insurance in maximum coverage limits and in
8 which the carrier agrees to defend, indemnify and save harmless
9 the State of Illinois from all financial loss, damage or harm
10 arising out of the sale or dispensing of alcoholic liquors, or
11 by (2) an agency of the State, whether legislative, judicial or
12 executive, provided that such agency first obtains written
13 permission to sell or dispense alcoholic liquors from the
14 Director of Central Management Services, or by (3) a
15 not-for-profit organization, provided that such organization:
16         a. Obtains written consent from the Department of
17     Central Management Services;
18         b. Sells or dispenses the alcoholic liquors in a manner
19     that does not impair normal operations of State offices
20     located in the building;
21         c. Sells or dispenses alcoholic liquors only in
22     connection with an official activity in the building;
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 or delivered at any facility
35 owned by the Illinois Sports Facilities Authority provided that
36 dram shop liability insurance has been made available in a

 

 

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

 

 

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1 situated on land owned by the county, and used by the McLean
2 County Historical Society as provided in this paragraph is an
3 exclusive power and function of the State and is a denial and
4 limitation under Article VII, Section 6, subsection (h) of the
5 Illinois Constitution of the power of a home rule municipality
6 to regulate that sale and delivery.
7     Alcoholic liquors may be sold or delivered in any building
8 situated on land held in trust for any school district
9 organized under Article 34 of the School Code, if the building
10 is not used for school purposes and if the sale or delivery is
11 approved by the board of education.
12     Alcoholic liquors may be sold or delivered in buildings
13 owned by the Community Building Complex Committee of Boone
14 County, Illinois if the person or facility selling or
15 dispensing the alcoholic liquor has provided dram shop
16 liability insurance with coverage and in amounts that the
17 Committee reasonably determines are necessary.
18     Alcoholic liquors may be sold or delivered in the building
19 located at 1200 Centerville Avenue in Belleville, Illinois and
20 occupied by either the Belleville Area Special Education
21 District or the Belleville Area Special Services Cooperative.
22 (Source: P.A. 92-512, eff. 1-1-02; 92-583, eff. 6-26-02;
23 92-600, eff. 7-1-02; 93-19, eff. 6-20-03; 93-103, eff. 1-1-04;
24 revised 8-1-03.)
 
25     (Text of Section after amendment by P.A. 93-627)
26     Sec. 6-15. No alcoholic liquors shall be sold or delivered
27 in any building belonging to or under the control of the State
28 or any political subdivision thereof except as provided in this
29 Act. The corporate authorities of any city, village,
30 incorporated town or township may provide by ordinance,
31 however, that alcoholic liquor may be sold or delivered in any
32 specifically designated building belonging to or under the
33 control of the municipality or township, or in any building
34 located on land under the control of the municipality; provided
35 that such township complies with all applicable local

 

 

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1 ordinances in any incorporated area of the township. Alcoholic
2 liquor may be delivered to and sold under the authority of a
3 special use permit on any property owned by a conservation
4 district organized under the Conservation District Act,
5 provided that (i) the alcoholic liquor is sold only at an event
6 authorized by the governing board of the conservation district,
7 (ii) the issuance of the special use permit is authorized by
8 the local liquor control commissioner of the territory in which
9 the property is located, and (iii) the special use permit
10 authorizes the sale of alcoholic liquor for one day or less.
11 Alcoholic liquors may be delivered to and sold at any airport
12 belonging to or under the control of a municipality of more
13 than 25,000 inhabitants, or in any building or on any golf
14 course owned by a park district organized under the Park
15 District Code, subject to the approval of the governing board
16 of the district, or in any building or on any golf course owned
17 by a forest preserve district organized under the Downstate
18 Forest Preserve District Act, subject to the approval of the
19 governing board of the district, or on the grounds within 500
20 feet of any building owned by a forest preserve district
21 organized under the Downstate Forest Preserve District Act
22 during times when food is dispensed for consumption within 500
23 feet of the building from which the food is dispensed, subject
24 to the approval of the governing board of the district, or in a
25 building owned by a Local Mass Transit District organized under
26 the Local Mass Transit District Act, subject to the approval of
27 the governing Board of the District, or in Bicentennial Park,
28 or on the premises of the City of Mendota Lake Park located
29 adjacent to Route 51 in Mendota, Illinois, or on the premises
30 of Camden Park in Milan, Illinois, or in the community center
31 owned by the City of Loves Park that is located at 1000 River
32 Park Drive in Loves Park, Illinois, or, in connection with the
33 operation of an established food serving facility during times
34 when food is dispensed for consumption on the premises, and at
35 the following aquarium and museums located in public parks: Art
36 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
35 the renovation of Soldier Field, not more than one and a half
36 hours before the start of the game and not after the end of the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB4055 Enrolled - 20 - LRB093 14973 LRD 40542 b

1 properties under the control of the Historic Sites and
2 Preservation Division of the Historic Preservation Agency or
3 the Abraham Lincoln Presidential Library and Museum provided:
4         a. the property has overnight lodging facilities with
5     some restaurant facilities or, not having overnight
6     lodging facilities, has restaurant facilities which serve
7     complete luncheon and dinner or supper meals,
8         b. consent to the issuance of a license to sell
9     alcoholic liquors in the buildings has been filed with the
10     commission by the Historic Sites and Preservation Division
11     of the Historic Preservation Agency or the Abraham Lincoln
12     Presidential Library and Museum, and
13         c. the alcoholic liquors are sold by the lodge or
14     restaurant concessionaire only during the hours from 11
15     o'clock a.m. until 12 o'clock midnight.
16     The sale of alcoholic liquors pursuant to this Section does
17 not authorize the establishment and operation of facilities
18 commonly called taverns, saloons, bars, cocktail lounges, and
19 the like except as a part of lodge and restaurant facilities in
20 State parks or golf courses owned by Forest Preserve Districts
21 with a population of less than 3,000,000 or municipalities or
22 park districts.
23     Alcoholic liquors may be sold at retail in the Springfield
24 Administration Building of the Department of Transportation
25 and the Illinois State Armory in Springfield; provided, that
26 the controlling government authority may consent to such sales
27 only if
28         a. the request is from a not-for-profit organization;
29         b. such sales would not impede normal operations of the
30     departments involved;
31         c. the not-for-profit organization provides dram shop
32     liability in maximum insurance coverage limits and agrees
33     to defend, save harmless and indemnify the State of
34     Illinois from all financial loss, damage or harm;
35         d. no such sale shall be made during normal working
36     hours of the State of Illinois; and

 

 

HB4055 Enrolled - 21 - LRB093 14973 LRD 40542 b

1         e. the consent is in writing.
2     Alcoholic liquors may be sold at retail in buildings in
3 recreational areas of river conservancy districts under the
4 control of, or leased from, the river conservancy districts.
5 Such sales are subject to reasonable local regulations as
6 provided in Article IV; however, no such regulations may
7 prohibit or substantially impair the sale of alcoholic liquors
8 on Sundays or Holidays.
9     Alcoholic liquors may be provided in long term care
10 facilities owned or operated by a county under Division 5-21 or
11 5-22 of the Counties Code, when approved by the facility
12 operator and not in conflict with the regulations of the
13 Illinois Department of Public Health, to residents of the
14 facility who have had their consumption of the alcoholic
15 liquors provided approved in writing by a physician licensed to
16 practice medicine in all its branches.
17     Alcoholic liquors may be delivered to and dispensed in
18 State housing assigned to employees of the Department of
19 Corrections. No person shall furnish or allow to be furnished
20 any alcoholic liquors to any prisoner confined in any jail,
21 reformatory, prison or house of correction except upon a
22 physician's prescription for medicinal purposes.
23     Alcoholic liquors may be sold at retail or dispensed at the
24 Willard Ice Building in Springfield, at the State Library in
25 Springfield, and at Illinois State Museum facilities by (1) an
26 agency of the State, whether legislative, judicial or
27 executive, provided that such agency first obtains written
28 permission to sell or dispense alcoholic liquors from the
29 controlling government authority, or by (2) a not-for-profit
30 organization, provided that such organization:
31         a. Obtains written consent from the controlling
32     government authority;
33         b. Sells or dispenses the alcoholic liquors in a manner
34     that does not impair normal operations of State offices
35     located in the building;
36         c. Sells or dispenses alcoholic liquors only in

 

 

HB4055 Enrolled - 22 - LRB093 14973 LRD 40542 b

1     connection with an official activity in the building;
2         d. Provides, or its catering service provides, dram
3     shop liability insurance in maximum coverage limits and in
4     which the carrier agrees to defend, save harmless and
5     indemnify the State of Illinois from all financial loss,
6     damage or harm arising out of the selling or dispensing of
7     alcoholic liquors.
8     Nothing in this Act shall prevent a not-for-profit
9 organization or agency of the State from employing the services
10 of a catering establishment for the selling or dispensing of
11 alcoholic liquors at authorized functions.
12     The controlling government authority for the Willard Ice
13 Building in Springfield shall be the Director of the Department
14 of Revenue. The controlling government authority for Illinois
15 State Museum facilities shall be the Director of the Illinois
16 State Museum. The controlling government authority for the
17 State Library in Springfield shall be the Secretary of State.
18     Alcoholic liquors may be delivered to and sold at retail or
19 dispensed at any facility, property or building under the
20 jurisdiction of the Historic Sites and Preservation Division of
21 the Historic Preservation Agency or the Abraham Lincoln
22 Presidential Library and Museum where the delivery, sale or
23 dispensing is by (1) an agency of the State, whether
24 legislative, judicial or executive, provided that such agency
25 first obtains written permission to sell or dispense alcoholic
26 liquors from a controlling government authority, or by (2) a
27 not-for-profit organization provided that such organization:
28         a. Obtains written consent from the controlling
29     government authority;
30         b. Sells or dispenses the alcoholic liquors in a manner
31     that does not impair normal workings of State offices or
32     operations located at the facility, property or building;
33         c. Sells or dispenses alcoholic liquors only in
34     connection with an official activity of the not-for-profit
35     organization in the facility, property or building;
36         d. Provides, or its catering service provides, dram

 

 

HB4055 Enrolled - 23 - LRB093 14973 LRD 40542 b

1     shop liability insurance in maximum coverage limits and in
2     which the carrier agrees to defend, save harmless and
3     indemnify the State of Illinois from all financial loss,
4     damage or harm arising out of the selling or dispensing of
5     alcoholic liquors.
6     The controlling government authority for the Historic
7 Sites and Preservation Division of the Historic Preservation
8 Agency shall be the Director of the Historic Sites and
9 Preservation, and the controlling government authority for the
10 Abraham Lincoln Presidential Library and Museum shall be the
11 Director of the Abraham Lincoln Presidential Library and
12 Museum.
13     Alcoholic liquors may be delivered to and sold at retail or
14 dispensed for consumption at the Michael Bilandic Building at
15 160 North LaSalle Street, Chicago IL 60601, after the normal
16 business hours of any day care or child care facility located
17 in the building, by (1) a commercial tenant or subtenant
18 conducting business on the premises under a lease made pursuant
19 to Section 405-315 of the Department of Central Management
20 Services Law (20 ILCS 405/405-315), provided that such tenant
21 or subtenant who accepts delivery of, sells, or dispenses
22 alcoholic liquors shall procure and maintain dram shop
23 liability insurance in maximum coverage limits and in which the
24 carrier agrees to defend, indemnify, and save harmless the
25 State of Illinois from all financial loss, damage, or harm
26 arising out of the delivery, sale, or dispensing of alcoholic
27 liquors, or by (2) an agency of the State, whether legislative,
28 judicial, or executive, provided that such agency first obtains
29 written permission to accept delivery of and sell or dispense
30 alcoholic liquors from the Director of Central Management
31 Services, or by (3) a not-for-profit organization, provided
32 that such organization:
33         a. obtains written consent from the Department of
34     Central Management Services;
35         b. accepts delivery of and sells or dispenses the
36     alcoholic liquors in a manner that does not impair normal

 

 

HB4055 Enrolled - 24 - LRB093 14973 LRD 40542 b

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

 

 

HB4055 Enrolled - 25 - LRB093 14973 LRD 40542 b

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

 

 

HB4055 Enrolled - 26 - LRB093 14973 LRD 40542 b

1     which the carrier agrees to defend, save harmless and
2     indemnify the State of Illinois from all financial loss,
3     damage or harm arising out of the selling or dispensing of
4     alcoholic liquors.
5     Nothing in this Act shall prevent a not-for-profit
6 organization or agency of the State from employing the services
7 of a catering establishment for the selling or dispensing of
8 alcoholic liquors at functions authorized by the Department of
9 Central Management Services.
10     Alcoholic liquors may be sold or delivered in a building
11 that is owned by McLean County, situated on land owned by the
12 county in the City of Bloomington, and used by the McLean
13 County Historical Society if the sale or delivery is approved
14 by an ordinance adopted by the county board, and the
15 municipality in which the building is located may not prohibit
16 that sale or delivery, notwithstanding any other provision of
17 this Section. The regulation of the sale and delivery of
18 alcoholic liquor in a building that is owned by McLean County,
19 situated on land owned by the county, and used by the McLean
20 County Historical Society as provided in this paragraph is an
21 exclusive power and function of the State and is a denial and
22 limitation under Article VII, Section 6, subsection (h) of the
23 Illinois Constitution of the power of a home rule municipality
24 to regulate that sale and delivery.
25     Alcoholic liquors may be sold or delivered in any building
26 situated on land held in trust for any school district
27 organized under Article 34 of the School Code, if the building
28 is not used for school purposes and if the sale or delivery is
29 approved by the board of education.
30     Alcoholic liquors may be sold or delivered in buildings
31 owned by the Community Building Complex Committee of Boone
32 County, Illinois if the person or facility selling or
33 dispensing the alcoholic liquor has provided dram shop
34 liability insurance with coverage and in amounts that the
35 Committee reasonably determines are necessary.
36     Alcoholic liquors may be sold or delivered in the building

 

 

HB4055 Enrolled - 27 - LRB093 14973 LRD 40542 b

1 located at 1200 Centerville Avenue in Belleville, Illinois and
2 occupied by either the Belleville Area Special Education
3 District or the Belleville Area Special Services Cooperative.
4     Alcoholic liquors may be delivered to and sold at the Louis
5 Joliet Renaissance Center, City Center Campus, located at 214
6 N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
7 Department facilities, Main Campus, located at 1215 Houbolt
8 Road, Joliet, owned by or under the control of Joliet Junior
9 College, Illinois Community College District No. 525.
10 (Source: P.A. 92-512, eff. 1-1-02; 92-583, eff. 6-26-02;
11 92-600, eff. 7-1-02; 93-19, eff. 6-20-03; 93-103, eff. 1-1-04;
12 93-627, eff. 6-1-04; revised 1-12-04.)
 
13     Section 95. No acceleration or delay. Where this Act makes
14 changes in a statute that is represented in this Act by text
15 that is not yet or no longer in effect (for example, a Section
16 represented by multiple versions), the use of that text does
17 not accelerate or delay the taking effect of (i) the changes
18 made by this Act or (ii) provisions derived from any other
19 Public Act.
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.