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92_HB1697eng HB1697 Engrossed 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 HB1697 Engrossed -2- LRB9204680LDtm 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 HB1697 Engrossed -3- LRB9204680LDtm 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 HB1697 Engrossed -4- LRB9204680LDtm 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. HB1697 Engrossed -5- LRB9204680LDtm 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 HB1697 Engrossed -6- LRB9204680LDtm 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 HB1697 Engrossed -7- LRB9204680LDtm 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 HB1697 Engrossed -8- LRB9204680LDtm 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. HB1697 Engrossed -9- LRB9204680LDtm 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 HB1697 Engrossed -10- LRB9204680LDtm 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 HB1697 Engrossed -11- LRB9204680LDtm 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 HB1697 Engrossed -12- LRB9204680LDtm 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 HB1697 Engrossed -13- LRB9204680LDtm 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.