Illinois General Assembly - Full Text of HB5613
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Full Text of HB5613  93rd General Assembly

HB5613eng 93RD GENERAL ASSEMBLY



 


 
HB5613 Engrossed LRB093 16696 RAS 42347 b

1     AN ACT concerning 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 liquors may be delivered to and sold at any airport belonging
20 to or under the control of a municipality of more than 25,000
21 inhabitants, or in any building or on any golf course owned by
22 a park district organized under the Park District Code, subject
23 to the approval of the governing board of the district, or in
24 any building or on any golf course owned by a forest preserve
25 district organized under the Downstate Forest Preserve
26 District Act, subject to the approval of the governing board of
27 the district, or on the grounds within 500 feet of any building
28 owned by a forest preserve district organized under the
29 Downstate Forest Preserve District Act during times when food
30 is dispensed for consumption within 500 feet of the building
31 from which the food is dispensed, subject to the approval of
32 the governing board of the district, or in a building owned by

 

 

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

 

 

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1 participants or participants in cultural, political or
2 educational activities held in such facilities, and provided
3 further that the faculty or staff of the State university or a
4 public community college district, or members of an
5 organization of students, alumni, faculty or staff of the State
6 university or a public community college district are active
7 participants in the conference or convention, or in Memorial
8 Stadium on the campus of the University of Illinois at
9 Urbana-Champaign during games in which the Chicago Bears
10 professional football team is playing in that stadium during
11 the renovation of Soldier Field, not more than one and a half
12 hours before the start of the game and not after the end of the
13 third quarter of the game, or by a catering establishment which
14 has rented facilities from a board of trustees of a public
15 community college district, or in a restaurant that is operated
16 by a commercial tenant in the North Campus Parking Deck
17 building that (1) is located at 1201 West University Avenue,
18 Urbana, Illinois and (2) is owned by the Board of Trustees of
19 the University of Illinois, or, if approved by the District
20 board, on land owned by the Metropolitan Sanitary District of
21 Greater Chicago and leased to others for a term of at least 20
22 years. Nothing in this Section precludes the sale or delivery
23 of alcoholic liquor in the form of original packaged goods in
24 premises located at 500 S. Racine in Chicago belonging to the
25 University of Illinois and used primarily as a grocery store by
26 a commercial tenant during the term of a lease that predates
27 the University's acquisition of the premises; but the
28 University shall have no power or authority to renew, transfer,
29 or extend the lease with terms allowing the sale of alcoholic
30 liquor; and the sale of alcoholic liquor shall be subject to
31 all local laws and regulations. After the acquisition by
32 Winnebago County of the property located at 404 Elm Street in
33 Rockford, a commercial tenant who sold alcoholic liquor at
34 retail on a portion of the property under a valid license at
35 the time of the acquisition may continue to do so for so long
36 as the tenant and the County may agree under existing or future

 

 

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

 

 

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

 

 

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1 Resources acting as the controlling government authority. The
2 Director of Natural Resources may specify conditions on that
3 approval, including but not limited to requirements for
4 insurance and hours of operation. Notwithstanding any other
5 provision of this Act, alcoholic liquor sold by a United States
6 Army Corps of Engineers or Department of Natural Resources
7 concessionaire who was operating on June 1, 1991 for
8 on-premises consumption only is not subject to the provisions
9 of Articles IV and IX. Beer and wine may be sold on the
10 premises of the Joliet Park District Stadium owned by the
11 Joliet Park District when written consent to the issuance of a
12 license to sell beer and wine in such premises is filed with
13 the local liquor commissioner by the Joliet Park District. Beer
14 and wine may be sold in buildings on the grounds of State
15 veterans' homes when written consent to the issuance of a
16 license to sell beer and wine in such buildings is filed with
17 the Commission by the Department of Veterans' Affairs, and the
18 facility shall provide dram shop liability in maximum insurance
19 coverage limits so as to save the facility harmless from all
20 financial loss, damage or harm. Such liquors may be delivered
21 to and sold at any property owned or held under lease by a
22 Metropolitan Pier and Exposition Authority or Metropolitan
23 Exposition and Auditorium Authority.
24     Beer and wine may be sold and dispensed at professional
25 sporting events and at professional concerts and other
26 entertainment events conducted on premises owned by the Forest
27 Preserve District of Kane County, subject to the control of the
28 District Commissioners and applicable local law, provided that
29 dram shop liability insurance is provided at maximum coverage
30 limits so as to hold the District harmless from all financial
31 loss, damage and harm.
32     Nothing in this Section shall preclude the sale or delivery
33 of beer and wine at a State or county fair or the sale or
34 delivery of beer or wine at a city fair in any otherwise lawful
35 manner.
36     Alcoholic liquors may be sold at retail in buildings in

 

 

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

 

 

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1 with a population of less than 3,000,000 or municipalities or
2 park districts.
3     Alcoholic liquors may be sold at retail in the Springfield
4 Administration Building of the Department of Transportation
5 and the Illinois State Armory in Springfield; provided, that
6 the controlling government authority may consent to such sales
7 only if
8         a. the request is from a not-for-profit organization;
9         b. such sales would not impede normal operations of the
10 departments involved;
11         c. the not-for-profit organization provides dram shop
12 liability in maximum insurance coverage limits and agrees
13 to defend, save harmless and indemnify the State of
14 Illinois from all financial loss, damage or harm;
15         d. no such sale shall be made during normal working
16 hours of the State of Illinois; and
17         e. the consent is in writing.
18     Alcoholic liquors may be sold at retail in buildings in
19 recreational areas of river conservancy districts under the
20 control of, or leased from, the river conservancy districts.
21 Such sales are subject to reasonable local regulations as
22 provided in Article IV; however, no such regulations may
23 prohibit or substantially impair the sale of alcoholic liquors
24 on Sundays or Holidays.
25     Alcoholic liquors may be provided in long term care
26 facilities owned or operated by a county under Division 5-21 or
27 5-22 of the Counties Code, when approved by the facility
28 operator and not in conflict with the regulations of the
29 Illinois Department of Public Health, to residents of the
30 facility who have had their consumption of the alcoholic
31 liquors provided approved in writing by a physician licensed to
32 practice medicine in all its branches.
33     Alcoholic liquors may be delivered to and dispensed in
34 State housing assigned to employees of the Department of
35 Corrections. No person shall furnish or allow to be furnished
36 any alcoholic liquors to any prisoner confined in any jail,

 

 

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

 

 

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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 sold at retail or dispensed at the
30 James R. Thompson Center in Chicago, subject to the provisions
31 of Section 7.4 of the State Property Control Act, and 222 South
32 College Street in Springfield, Illinois by (1) a commercial
33 tenant or subtenant conducting business on the premises under a
34 lease or sublease made pursuant to Section 405-315 of the
35 Department of Central Management Services Law (20 ILCS
36 405/405-315), provided that such tenant or subtenant who sells

 

 

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

 

 

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

 

 

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1 to regulate that sale and delivery.
2     Alcoholic liquors may be sold or delivered in any building
3 situated on land held in trust for any school district
4 organized under Article 34 of the School Code, if the building
5 is not used for school purposes and if the sale or delivery is
6 approved by the board of education.
7     Alcoholic liquors may be sold or delivered in buildings
8 owned by the Community Building Complex Committee of Boone
9 County, Illinois if the person or facility selling or
10 dispensing the alcoholic liquor has provided dram shop
11 liability insurance with coverage and in amounts that the
12 Committee reasonably determines are necessary.
13     Alcoholic liquors may be sold or delivered in the building
14 located at 1200 Centerville Avenue in Belleville, Illinois and
15 occupied by either the Belleville Area Special Education
16 District or the Belleville Area Special Services Cooperative.
17 (Source: P.A. 92-512, eff. 1-1-02; 92-583, eff. 6-26-02;
18 92-600, eff. 7-1-02; 93-19, eff. 6-20-03; 93-103, eff. 1-1-04;
19 revised 8-1-03.)
 
20     (Text of Section after amendment by P.A. 93-627)
21     Sec. 6-15. No alcoholic liquors shall be sold or delivered
22 in any building belonging to or under the control of the State
23 or any political subdivision thereof except as provided in this
24 Act. The corporate authorities of any city, village,
25 incorporated town or township may provide by ordinance,
26 however, that alcoholic liquor may be sold or delivered in any
27 specifically designated building belonging to or under the
28 control of the municipality or township, or in any building
29 located on land under the control of the municipality; provided
30 that such township complies with all applicable local
31 ordinances in any incorporated area of the township. Alcoholic
32 liquors may be delivered to and sold at any airport belonging
33 to or under the control of a municipality of more than 25,000
34 inhabitants, or in any building or on any golf course owned by
35 a park district organized under the Park District Code, subject

 

 

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

 

 

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1 Park District if approved by the Park District Commissioners,
2 or on any land used for a golf course or for recreational
3 purposes and owned by the Illinois International Port District
4 if approved by the District's governing board, or at any
5 airport, golf course, faculty center, or facility in which
6 conference and convention type activities take place belonging
7 to or under control of any State university or public community
8 college district, provided that with respect to a facility for
9 conference and convention type activities alcoholic liquors
10 shall be limited to the use of the convention or conference
11 participants or participants in cultural, political or
12 educational activities held in such facilities, and provided
13 further that the faculty or staff of the State university or a
14 public community college district, or members of an
15 organization of students, alumni, faculty or staff of the State
16 university or a public community college district are active
17 participants in the conference or convention, or in Memorial
18 Stadium on the campus of the University of Illinois at
19 Urbana-Champaign during games in which the Chicago Bears
20 professional football team is playing in that stadium during
21 the renovation of Soldier Field, not more than one and a half
22 hours before the start of the game and not after the end of the
23 third quarter of the game, or by a catering establishment which
24 has rented facilities from a board of trustees of a public
25 community college district, or in a restaurant that is operated
26 by a commercial tenant in the North Campus Parking Deck
27 building that (1) is located at 1201 West University Avenue,
28 Urbana, Illinois and (2) is owned by the Board of Trustees of
29 the University of Illinois, or, if approved by the District
30 board, on land owned by the Metropolitan Sanitary District of
31 Greater Chicago and leased to others for a term of at least 20
32 years. Nothing in this Section precludes the sale or delivery
33 of alcoholic liquor in the form of original packaged goods in
34 premises located at 500 S. Racine in Chicago belonging to the
35 University of Illinois and used primarily as a grocery store by
36 a commercial tenant during the term of a lease that predates

 

 

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1 the University's acquisition of the premises; but the
2 University shall have no power or authority to renew, transfer,
3 or extend the lease with terms allowing the sale of alcoholic
4 liquor; and the sale of alcoholic liquor shall be subject to
5 all local laws and regulations. After the acquisition by
6 Winnebago County of the property located at 404 Elm Street in
7 Rockford, a commercial tenant who sold alcoholic liquor at
8 retail on a portion of the property under a valid license at
9 the time of the acquisition may continue to do so for so long
10 as the tenant and the County may agree under existing or future
11 leases, subject to all local laws and regulations regarding the
12 sale of alcoholic liquor. Each facility shall provide dram shop
13 liability in maximum insurance coverage limits so as to save
14 harmless the State, municipality, State university, airport,
15 golf course, faculty center, facility in which conference and
16 convention type activities take place, park district, Forest
17 Preserve District, public community college district,
18 aquarium, museum, or sanitary district from all financial loss,
19 damage or harm. Alcoholic liquors may be sold at retail in
20 buildings of golf courses owned by municipalities in connection
21 with the operation of an established food serving facility
22 during times when food is dispensed for consumption upon the
23 premises. Alcoholic liquors may be delivered to and sold at
24 retail in any building owned by a fire protection district
25 organized under the Fire Protection District Act, provided that
26 such delivery and sale is approved by the board of trustees of
27 the district, and provided further that such delivery and sale
28 is limited to fundraising events and to a maximum of 6 events
29 per year.
30     Alcoholic liquor may be delivered to and sold at retail in
31 the Dorchester Senior Business Center owned by the Village of
32 Dolton if the alcoholic liquor is sold or dispensed only in
33 connection with organized functions for which the planned
34 attendance is 20 or more persons, and if the person or facility
35 selling or dispensing the alcoholic liquor has provided dram
36 shop liability insurance in maximum limits so as to hold

 

 

HB5613 Engrossed - 17 - LRB093 16696 RAS 42347 b

1 harmless the Village of Dolton and the State from all financial
2 loss, damage and harm.
3     Alcoholic liquors may be delivered to and sold at retail in
4 any building used as an Illinois State Armory provided:
5         (i) the Adjutant General's written consent to the
6 issuance of a license to sell alcoholic liquor in such
7 building is filed with the Commission;
8         (ii) the alcoholic liquor is sold or dispensed only in
9 connection with organized functions held on special
10 occasions;
11         (iii) the organized function is one for which the
12 planned attendance is 25 or more persons; and
13         (iv) the facility selling or dispensing the alcoholic
14 liquors has provided dram shop liability insurance in
15 maximum limits so as to save harmless the facility and the
16 State from all financial loss, damage or harm.
17     Alcoholic liquors may be delivered to and sold at retail in
18 the Chicago Civic Center, provided that:
19         (i) the written consent of the Public Building
20 Commission which administers the Chicago Civic Center is
21 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;
27         (iv) the facility selling or dispensing the alcoholic
28 liquors has provided dram shop liability insurance in
29 maximum limits so as to hold harmless the Civic Center, the
30 City of Chicago and the State from all financial loss,
31 damage or harm; and
32         (v) all applicable local ordinances are complied with.
33     Alcoholic liquors may be delivered or sold in any building
34 belonging to or under the control of any city, village or
35 incorporated town where more than 75% of the physical
36 properties of the building is used for commercial or

 

 

HB5613 Engrossed - 18 - LRB093 16696 RAS 42347 b

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

 

 

HB5613 Engrossed - 19 - LRB093 16696 RAS 42347 b

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

 

 

HB5613 Engrossed - 20 - LRB093 16696 RAS 42347 b

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

 

 

HB5613 Engrossed - 21 - LRB093 16696 RAS 42347 b

1 5-22 of the Counties Code, when approved by the facility
2 operator and not in conflict with the regulations of the
3 Illinois Department of Public Health, to residents of the
4 facility who have had their consumption of the alcoholic
5 liquors provided approved in writing by a physician licensed to
6 practice medicine in all its branches.
7     Alcoholic liquors may be delivered to and dispensed in
8 State housing assigned to employees of the Department of
9 Corrections. No person shall furnish or allow to be furnished
10 any alcoholic liquors to any prisoner confined in any jail,
11 reformatory, prison or house of correction except upon a
12 physician's prescription for medicinal purposes.
13     Alcoholic liquors may be sold at retail or dispensed at the
14 Willard Ice Building in Springfield, at the State Library in
15 Springfield, and at Illinois State Museum facilities by (1) an
16 agency of the State, whether legislative, judicial or
17 executive, provided that such agency first obtains written
18 permission to sell or dispense alcoholic liquors from the
19 controlling government authority, or by (2) a not-for-profit
20 organization, provided that such organization:
21         a. Obtains written consent from the controlling
22 government authority;
23         b. Sells or dispenses the alcoholic liquors in a manner
24 that does not impair normal operations of State offices
25 located in the building;
26         c. Sells or dispenses alcoholic liquors only in
27 connection with an official activity in the building;
28         d. Provides, or its catering service provides, dram
29 shop liability insurance in maximum coverage limits and in
30 which the carrier agrees to defend, save harmless and
31 indemnify the State of Illinois from all financial loss,
32 damage or harm arising out of the selling or dispensing of
33 alcoholic liquors.
34     Nothing in this Act shall prevent a not-for-profit
35 organization or agency of the State from employing the services
36 of a catering establishment for the selling or dispensing of

 

 

HB5613 Engrossed - 22 - LRB093 16696 RAS 42347 b

1 alcoholic liquors at authorized functions.
2     The controlling government authority for the Willard Ice
3 Building in Springfield shall be the Director of the Department
4 of Revenue. The controlling government authority for Illinois
5 State Museum facilities shall be the Director of the Illinois
6 State Museum. The controlling government authority for the
7 State Library in Springfield shall be the Secretary of State.
8     Alcoholic liquors may be delivered to and sold at retail or
9 dispensed at any facility, property or building under the
10 jurisdiction of the Historic Sites and Preservation Division of
11 the Historic Preservation Agency or the Abraham Lincoln
12 Presidential Library and Museum where the delivery, sale or
13 dispensing is by (1) an agency of the State, whether
14 legislative, judicial or executive, provided that such agency
15 first obtains written permission to sell or dispense alcoholic
16 liquors from a controlling government authority, or by (2) a
17 not-for-profit organization provided that such organization:
18         a. Obtains written consent from the controlling
19 government authority;
20         b. Sells or dispenses the alcoholic liquors in a manner
21 that does not impair normal workings of State offices or
22 operations located at the facility, property or building;
23         c. Sells or dispenses alcoholic liquors only in
24 connection with an official activity of the not-for-profit
25 organization in the facility, property or building;
26         d. Provides, or its catering service provides, dram
27 shop liability insurance in maximum coverage limits and in
28 which the carrier agrees to defend, save harmless and
29 indemnify the State of Illinois from all financial loss,
30 damage or harm arising out of the selling or dispensing of
31 alcoholic liquors.
32     The controlling government authority for the Historic
33 Sites and Preservation Division of the Historic Preservation
34 Agency shall be the Director of the Historic Sites and
35 Preservation, and the controlling government authority for the
36 Abraham Lincoln Presidential Library and Museum shall be the

 

 

HB5613 Engrossed - 23 - LRB093 16696 RAS 42347 b

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

 

 

HB5613 Engrossed - 24 - LRB093 16696 RAS 42347 b

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

 

 

HB5613 Engrossed - 25 - LRB093 16696 RAS 42347 b

1     Nothing in this Act shall prevent a not-for-profit
2 organization or agency of the State from employing the services
3 of a catering establishment for the selling or dispensing of
4 alcoholic liquors at functions authorized by the Director of
5 Central Management Services.
6     Alcoholic liquors may be sold or delivered at any facility
7 owned by the Illinois Sports Facilities Authority provided that
8 dram shop liability insurance has been made available in a
9 form, with such coverage and in such amounts as the Authority
10 reasonably determines is necessary.
11     Alcoholic liquors may be sold at retail or dispensed at the
12 Rockford State Office Building by (1) an agency of the State,
13 whether legislative, judicial or executive, provided that such
14 agency first obtains written permission to sell or dispense
15 alcoholic liquors from the Department of Central Management
16 Services, or by (2) a not-for-profit organization, provided
17 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 Department of
35 Central Management Services.
36     Alcoholic liquors may be sold or delivered in a building

 

 

HB5613 Engrossed - 26 - LRB093 16696 RAS 42347 b

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

 

 

HB5613 Engrossed - 27 - LRB093 16696 RAS 42347 b

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.