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92_HB1697
LRB9204680LDtm
1 AN ACT in relation to alcohol 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 Sec. 6-15. No alcoholic liquors shall be sold or
8 delivered in any building belonging to or under the control
9 of the State or any political subdivision thereof except as
10 provided in this Act. The corporate authorities of any city,
11 village, incorporated town or township may provide by
12 ordinance, however, that alcoholic liquor may be sold or
13 delivered in any specifically designated building belonging
14 to or under the control of the municipality or township, or
15 in any building located on land under the control of the
16 municipality; provided that such township complies with all
17 applicable local ordinances in any incorporated area of the
18 township. Alcoholic liquors may be delivered to and sold at
19 any airport belonging to or under the control of a
20 municipality of more than 25,000 inhabitants, or in any
21 building owned by a park district organized under the Park
22 District Code, subject to the approval of the governing board
23 of the district, or in any building or on any golf course
24 owned by a forest preserve district organized under the
25 Downstate Forest Preserve District Act, subject to the
26 approval of the governing board of the district, or on the
27 grounds within 500 feet of any building owned by a forest
28 preserve district organized under the Downstate Forest
29 Preserve District Act during times when food is dispensed for
30 consumption within 500 feet of the building from which the
31 food is dispensed, subject to the approval of the governing
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1 board of the district, or in a building owned by a Local Mass
2 Transit District organized under the Local Mass Transit
3 District Act, subject to the approval of the governing Board
4 of the District, or in Bicentennial Park, or on the premises
5 of the City of Mendota Lake Park located adjacent to Route 51
6 in Mendota, Illinois, or on the premises of Camden Park in
7 Milan, Illinois, or in the community center owned by the City
8 of Loves Park that is located at 1000 River Park Drive in
9 Loves Park, Illinois, or, in connection with the operation of
10 an established food serving facility during times when food
11 is dispensed for consumption on the premises, and at the
12 following aquarium and museums located in public parks: Art
13 Institute of Chicago, Chicago Academy of Sciences, Chicago
14 Historical Society, Field Museum of Natural History, Museum
15 of Science and Industry, DuSable Museum of African American
16 History, John G. Shedd Aquarium and Adler Planetarium, or at
17 Lakeview Museum of Arts and Sciences in Peoria, or in
18 connection with the operation of the facilities of the
19 Chicago Zoological Society or the Chicago Horticultural
20 Society on land owned by the Forest Preserve District of Cook
21 County, or in any building located on land owned by the
22 Chicago Park District if approved by the Park District
23 Commissioners, or on any land used for a golf course or for
24 recreational purposes and owned by the Illinois International
25 Port District if approved by the District's governing board,
26 or at any airport, golf course, faculty center, or facility
27 in which conference and convention type activities take place
28 belonging to or under control of any State university or
29 public community college district, provided that with respect
30 to a facility for conference and convention type activities
31 alcoholic liquors shall be limited to the use of the
32 convention or conference participants or participants in
33 cultural, political or educational activities held in such
34 facilities, and provided further that the faculty or staff of
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1 the State university or a public community college district,
2 or members of an organization of students, alumni, faculty or
3 staff of the State university or a public community college
4 district are active participants in the conference or
5 convention, or by a catering establishment which has rented
6 facilities from a board of trustees of a public community
7 college district, or, if approved by the District board, on
8 land owned by the Metropolitan Sanitary District of Greater
9 Chicago and leased to others for a term of at least 20 years.
10 Nothing in this Section precludes the sale or delivery of
11 alcoholic liquor in the form of original packaged goods in
12 premises located at 500 S. Racine in Chicago belonging to the
13 University of Illinois and used primarily as a grocery store
14 by a commercial tenant during the term of a lease that
15 predates the University's acquisition of the premises; but
16 the University shall have no power or authority to renew,
17 transfer, or extend the lease with terms allowing the sale of
18 alcoholic liquor; and the sale of alcoholic liquor shall be
19 subject to all local laws and regulations. After the
20 acquisition by Winnebago County of the property located at
21 404 Elm Street in Rockford, a commercial tenant who sold
22 alcoholic liquor at retail on a portion of the property under
23 a valid license at the time of the acquisition may continue
24 to do so for so long as the tenant and the County may agree
25 under existing or future leases, subject to all local laws
26 and regulations regarding the sale of alcoholic liquor. Each
27 facility shall provide dram shop liability in maximum
28 insurance coverage limits so as to save harmless the State,
29 municipality, State university, airport, golf course, faculty
30 center, facility in which conference and convention type
31 activities take place, park district, Forest Preserve
32 District, public community college district, aquarium,
33 museum, or sanitary district from all financial loss, damage
34 or harm. Alcoholic liquors may be sold at retail in buildings
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1 of golf courses owned by municipalities in connection with
2 the operation of an established food serving facility during
3 times when food is dispensed for consumption upon the
4 premises. Alcoholic liquors may be delivered to and sold at
5 retail in any building owned by a fire protection district
6 organized under the Fire Protection District Act, provided
7 that such delivery and sale is approved by the board of
8 trustees of the district, and provided further that such
9 delivery and sale is limited to fundraising events and to a
10 maximum of 6 events per year.
11 Alcoholic liquor may be delivered to and sold at retail
12 in the Dorchester Senior Business Center owned by the Village
13 of Dolton if the alcoholic liquor is sold or dispensed only
14 in connection with organized functions for which the planned
15 attendance is 20 or more persons, and if the person or
16 facility selling or dispensing the alcoholic liquor has
17 provided dram shop liability insurance in maximum limits so
18 as to hold harmless the Village of Dolton and the State from
19 all financial loss, damage and harm.
20 Alcoholic liquors may be delivered to and sold at retail
21 in any building used as an Illinois State Armory provided:
22 (i) the Adjutant General's written consent to the
23 issuance of a license to sell alcoholic liquor in such
24 building is filed with the Commission;
25 (ii) the alcoholic liquor is sold or dispensed only
26 in connection with organized functions held on special
27 occasions;
28 (iii) the organized function is one for which the
29 planned attendance is 25 or more persons; and
30 (iv) the facility selling or dispensing the
31 alcoholic liquors has provided dram shop liability
32 insurance in maximum limits so as to save harmless the
33 facility and the State from all financial loss, damage or
34 harm.
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1 Alcoholic liquors may be delivered to and sold at retail
2 in the Chicago Civic Center, provided that:
3 (i) the written consent of the Public Building
4 Commission which administers the Chicago Civic Center is
5 filed with the Commission;
6 (ii) the alcoholic liquor is sold or dispensed only
7 in connection with organized functions held on special
8 occasions;
9 (iii) the organized function is one for which the
10 planned attendance is 25 or more persons;
11 (iv) the facility selling or dispensing the
12 alcoholic liquors has provided dram shop liability
13 insurance in maximum limits so as to hold harmless the
14 Civic Center, the City of Chicago and the State from all
15 financial loss, damage or harm; and
16 (v) all applicable local ordinances are complied
17 with.
18 Alcoholic liquors may be delivered or sold in any
19 building belonging to or under the control of any city,
20 village or incorporated town where more than 75% of the
21 physical properties of the building is used for commercial or
22 recreational purposes, and the building is located upon a
23 pier extending into or over the waters of a navigable lake or
24 stream or on the shore of a navigable lake or stream.
25 Alcoholic liquor may be sold in buildings under the control
26 of the Department of Natural Resources when written consent
27 to the issuance of a license to sell alcoholic liquor in such
28 buildings is filed with the Commission by the Department of
29 Natural Resources. Alcoholic liquor may be served or
30 delivered in buildings and facilities under the control of
31 the Department of Natural Resources upon the written approval
32 of the Director of Natural Resources acting as the
33 controlling government authority. The Director of Natural
34 Resources may specify conditions on that approval, including
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1 but not limited to requirements for insurance and hours of
2 operation. Notwithstanding any other provision of this Act,
3 alcoholic liquor sold by a United States Army Corps of
4 Engineers or Department of Natural Resources concessionaire
5 who was operating on June 1, 1991 for on-premises consumption
6 only is not subject to the provisions of Articles IV and IX.
7 Beer and wine may be sold on the premises of the Joliet Park
8 District Stadium owned by the Joliet Park District when
9 written consent to the issuance of a license to sell beer and
10 wine in such premises is filed with the local liquor
11 commissioner by the Joliet Park District. Beer and wine may
12 be sold in buildings on the grounds of State veterans' homes
13 when written consent to the issuance of a license to sell
14 beer and wine in such buildings is filed with the Commission
15 by the Department of Veterans' Affairs, and the facility
16 shall provide dram shop liability in maximum insurance
17 coverage limits so as to save the facility harmless from all
18 financial loss, damage or harm. Such liquors may be delivered
19 to and sold at any property owned or held under lease by a
20 Metropolitan Pier and Exposition Authority or Metropolitan
21 Exposition and Auditorium Authority.
22 Beer and wine may be sold and dispensed at professional
23 sporting events and at professional concerts and other
24 entertainment events conducted on premises owned by the
25 Forest Preserve District of Kane County, subject to the
26 control of the District Commissioners and applicable local
27 law, provided that dram shop liability insurance is provided
28 at maximum coverage limits so as to hold the District
29 harmless from all financial loss, damage and harm.
30 Nothing in this Section shall preclude the sale or
31 delivery of beer and wine at a State or county fair or the
32 sale or delivery of beer or wine at a city fair in any
33 otherwise lawful manner.
34 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
4 with 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
9 the commission by the Department of Natural Resources,
10 and
11 c. the alcoholic liquors are sold by the State park
12 lodge or restaurant concessionaire only during the hours
13 from 11 o'clock a.m. until 12 o'clock midnight.
14 Notwithstanding any other provision of this Act,
15 alcoholic liquor sold by the State park or restaurant
16 concessionaire is not subject to the provisions of
17 Articles IV and IX.
18 Alcoholic liquors may be sold at retail in buildings on
19 properties under the control of the Historic Preservation
20 Agency provided:
21 a. the property has overnight lodging facilities
22 with some restaurant facilities or, not having overnight
23 lodging facilities, has restaurant facilities which serve
24 complete luncheon and dinner or supper meals,
25 b. consent to the issuance of a license to sell
26 alcoholic liquors in the buildings has been filed with
27 the commission by the Historic Preservation Agency, and
28 c. the alcoholic liquors are sold by the lodge or
29 restaurant concessionaire only during the hours from 11
30 o'clock a.m. until 12 o'clock midnight.
31 The sale of alcoholic liquors pursuant to this Section
32 does not authorize the establishment and operation of
33 facilities commonly called taverns, saloons, bars, cocktail
34 lounges, and the like except as a part of lodge and
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1 restaurant facilities in State parks or golf courses owned by
2 Forest Preserve Districts with a population of less than
3 3,000,000 or municipalities or park districts.
4 Alcoholic liquors may be sold at retail in the
5 Springfield Administration Building of the Department of
6 Transportation and the Illinois State Armory in Springfield;
7 provided, that the controlling government authority may
8 consent to such sales only if
9 a. the request is from a not-for-profit
10 organization;
11 b. such sales would not impede normal operations of
12 the departments involved;
13 c. the not-for-profit organization provides dram
14 shop liability in maximum insurance coverage limits and
15 agrees to defend, save harmless and indemnify the State
16 of Illinois from all financial loss, damage or harm;
17 d. no such sale shall be made during normal working
18 hours of the State of Illinois; and
19 e. the consent is in writing.
20 Alcoholic liquors may be sold at retail in buildings in
21 recreational areas of river conservancy districts under the
22 control of, or leased from, the river conservancy districts.
23 Such sales are subject to reasonable local regulations as
24 provided in Article IV; however, no such regulations may
25 prohibit or substantially impair the sale of alcoholic
26 liquors on Sundays or Holidays.
27 Alcoholic liquors may be provided in long term care
28 facilities owned or operated by a county under Division 5-21
29 or 5-22 of the Counties Code, when approved by the facility
30 operator and not in conflict with the regulations of the
31 Illinois Department of Public Health, to residents of the
32 facility who have had their consumption of the alcoholic
33 liquors provided approved in writing by a physician licensed
34 to practice medicine in all its branches.
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1 Alcoholic liquors may be delivered to and dispensed in
2 State housing assigned to employees of the Department of
3 Corrections. No person shall furnish or allow to be furnished
4 any alcoholic liquors to any prisoner confined in any jail,
5 reformatory, prison or house of correction except upon a
6 physician's prescription for medicinal purposes.
7 Alcoholic liquors may be sold at retail or dispensed at
8 the Willard Ice Building in Springfield, at the State Library
9 in Springfield, and at Illinois State Museum facilities by
10 (1) an agency of the State, whether legislative, judicial or
11 executive, provided that such agency first obtains written
12 permission to sell or dispense alcoholic liquors from the
13 controlling government authority, or by (2) a not-for-profit
14 organization, provided that such organization:
15 a. Obtains written consent from the controlling
16 government authority;
17 b. Sells or dispenses the alcoholic liquors in a
18 manner that does not impair normal operations of State
19 offices located in the building;
20 c. Sells or dispenses alcoholic liquors only in
21 connection with an official activity in the building;
22 d. Provides, or its catering service provides, dram
23 shop liability insurance in maximum coverage limits and
24 in which the carrier agrees to defend, save harmless and
25 indemnify the State of Illinois from all financial loss,
26 damage or harm arising out of the selling or dispensing
27 of alcoholic liquors.
28 Nothing in this Act shall prevent a not-for-profit
29 organization or agency of the State from employing the
30 services of a catering establishment for the selling or
31 dispensing of alcoholic liquors at authorized functions.
32 The controlling government authority for the Willard Ice
33 Building in Springfield shall be the Director of the
34 Department of Revenue. The controlling government authority
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1 for Illinois State Museum facilities shall be the Director of
2 the Illinois State Museum. The controlling government
3 authority for the State Library in Springfield shall be the
4 Secretary of State.
5 Alcoholic liquors may be delivered to and sold at retail
6 or dispensed at any facility, property or building under the
7 jurisdiction of the Historic Preservation Agency where the
8 delivery, sale or dispensing is by (1) an agency of the
9 State, whether legislative, judicial or executive, provided
10 that such agency first obtains written permission to sell or
11 dispense alcoholic liquors from a controlling government
12 authority, or by (2) a not-for-profit organization provided
13 that such organization:
14 a. Obtains written consent from the controlling
15 government authority;
16 b. Sells or dispenses the alcoholic liquors in a
17 manner that does not impair normal workings of State
18 offices or operations located at the facility, property
19 or building;
20 c. Sells or dispenses alcoholic liquors only in
21 connection with an official activity of the
22 not-for-profit organization in the facility, property or
23 building;
24 d. Provides, or its catering service provides, dram
25 shop liability insurance in maximum coverage limits and
26 in which the carrier agrees to defend, save harmless and
27 indemnify the State of Illinois from all financial loss,
28 damage or harm arising out of the selling or dispensing
29 of alcoholic liquors.
30 The controlling government authority for the Historic
31 Preservation Agency shall be the Director of the Historic
32 Preservation Agency.
33 Alcoholic liquors may be sold at retail or dispensed at
34 the James R. Thompson Center in Chicago and 222 South College
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1 Street in Springfield, Illinois by (1) a commercial tenant or
2 subtenant conducting business on the premises under a lease
3 made pursuant to Section 405-315 of the Department of Central
4 Management Services Law (20 ILCS 405/405-315), provided that
5 such tenant or subtenant who sells or dispenses alcoholic
6 liquors shall procure and maintain dram shop liability
7 insurance in maximum coverage limits and in which the carrier
8 agrees to defend, indemnify and save harmless the State of
9 Illinois from all financial loss, damage or harm arising out
10 of the sale or dispensing of alcoholic liquors, or by (2) 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 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
19 manner that does not impair normal operations of State
20 offices 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
25 in 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
28 of alcoholic liquors.
29 Nothing in this Act shall prevent a not-for-profit
30 organization or agency of the State from employing the
31 services of a catering establishment for the selling or
32 dispensing of alcoholic liquors at functions authorized by
33 the Director of Central Management Services.
34 Alcoholic liquors may be sold or delivered at any
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1 facility owned by the Illinois Sports Facilities Authority
2 provided that dram shop liability insurance has been made
3 available in a form, with such coverage and in such amounts
4 as the Authority reasonably determines is necessary.
5 Alcoholic liquors may be sold at retail or dispensed at
6 the Rockford State Office Building by (1) an agency of the
7 State, whether legislative, judicial or executive, provided
8 that such agency first obtains written permission to sell or
9 dispense alcoholic liquors from the Department of Central
10 Management Services, or by (2) a not-for-profit organization,
11 provided that such organization:
12 a. Obtains written consent from the Department of
13 Central Management Services;
14 b. Sells or dispenses the alcoholic liquors in a
15 manner that does not impair normal operations of State
16 offices located in the building;
17 c. Sells or dispenses alcoholic liquors only in
18 connection with an official activity in the building;
19 d. Provides, or its catering service provides, dram
20 shop liability insurance in maximum coverage limits and
21 in which the carrier agrees to defend, save harmless and
22 indemnify the State of Illinois from all financial loss,
23 damage or harm arising out of the selling or dispensing
24 of alcoholic liquors.
25 Nothing in this Act shall prevent a not-for-profit
26 organization or agency of the State from employing the
27 services of a catering establishment for the selling or
28 dispensing of alcoholic liquors at functions authorized by
29 the Department of Central Management Services.
30 Alcoholic liquors may be sold or delivered in a building
31 that is owned by McLean County, situated on land owned by the
32 county in the City of Bloomington, and used by the McLean
33 County Historical Society if the sale or delivery is approved
34 by an ordinance adopted by the county board, and the
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1 municipality in which the building is located may not
2 prohibit that sale or delivery, notwithstanding any other
3 provision of this Section. The regulation of the sale and
4 delivery of alcoholic liquor in a building that is owned by
5 McLean County, situated on land owned by the county, and used
6 by the McLean County Historical Society as provided in this
7 paragraph is an exclusive power and function of the State and
8 is a denial and limitation under Article VII, Section 6,
9 subsection (h) of the Illinois Constitution of the power of a
10 home rule municipality to regulate that sale and delivery.
11 Alcoholic liquors may be sold or delivered in any
12 building situated on land held in trust for any school
13 district organized under Article 34 of the School Code, if
14 the building is not used for school purposes and if the sale
15 or delivery is approved by the board of education.
16 Alcoholic liquors may be sold or delivered in buildings
17 owned by the Community Building Complex Committee of Boone
18 County, Illinois if the person or facility selling or
19 dispensing the alcoholic liquor has provided dram shop
20 liability insurance with coverage and in amounts that the
21 Committee reasonably determines are necessary.
22 Alcoholic liquors may be sold or delivered in the
23 building located at 1200 Centerville Avenue in Belleville,
24 Illinois and occupied by either the Belleville Area Special
25 Education District or the Belleville Area Special Services
26 Cooperative.
27 (Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00;
28 91-922, eff. 7-7-00.)
29 Section 99. Effective date. This Act takes effect
30 January 1, 2002.