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92_HB1894
LRB9207663LDpr
1 AN ACT in relation to alcoholic liquor.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Liquor Control Act of 1934 is amended by
5 changing Section 6-15 as follows:
6 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
7 Sec. 6-15. Sale or delivery in State, political
8 subdivision, or municipal buildings; liability insurance. No
9 alcoholic liquors shall be sold or delivered in any building
10 belonging to or under the control of the State or any
11 political subdivision thereof except as provided in this Act.
12 The corporate authorities of any city, village, incorporated
13 town or township may provide by ordinance, however, that
14 alcoholic liquor may be sold or delivered in any specifically
15 designated building belonging to or under the control of the
16 municipality or township, or in any building located on land
17 under the control of the municipality; provided that such
18 township complies with all applicable local ordinances in any
19 incorporated area of the township. Alcoholic liquors may be
20 delivered to and sold at any airport belonging to or under
21 the control of a municipality of more than 25,000
22 inhabitants, or in any building owned by a park district
23 organized under the Park District Code, subject to the
24 approval of the governing board of the district, or in any
25 building or on any golf course owned by a forest preserve
26 district organized under the Downstate Forest Preserve
27 District Act, subject to the approval of the governing board
28 of the district, or on the grounds within 500 feet of any
29 building owned by a forest preserve district organized under
30 the Downstate Forest Preserve District Act during times when
31 food is dispensed for consumption within 500 feet of the
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1 building from which the food is dispensed, subject to the
2 approval of the governing board of the district, or in a
3 building owned by a Local Mass Transit District organized
4 under the Local Mass Transit District Act, subject to the
5 approval of the governing Board of the District, or in
6 Bicentennial Park, or on the premises of the City of Mendota
7 Lake Park located adjacent to Route 51 in Mendota, Illinois,
8 or on the premises of Camden Park in Milan, Illinois, or in
9 the community center owned by the City of Loves Park that is
10 located at 1000 River Park Drive in Loves Park, Illinois, or,
11 in connection with the operation of an established food
12 serving facility during times when food is dispensed for
13 consumption on the premises, and at the following aquarium
14 and museums located in public parks: Art Institute of
15 Chicago, Chicago Academy of Sciences, Chicago Historical
16 Society, Field Museum of Natural History, Museum of Science
17 and Industry, DuSable Museum of African American History,
18 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
19 Museum of Arts and Sciences in Peoria, or in connection with
20 the operation of the facilities of the Chicago Zoological
21 Society or the Chicago Horticultural Society on land owned by
22 the Forest Preserve District of Cook County, or in any
23 building located on land owned by the Chicago Park District
24 if approved by the Park District Commissioners, or on any
25 land used for a golf course or for recreational purposes and
26 owned by the Illinois International Port District if approved
27 by the District's governing board, or at any airport, golf
28 course, faculty center, or facility in which conference and
29 convention type activities take place belonging to or under
30 control of any State university or public community college
31 district, provided that with respect to a facility for
32 conference and convention type activities alcoholic liquors
33 shall be limited to the use of the convention or conference
34 participants or participants in cultural, political or
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1 educational activities held in such facilities, and provided
2 further that the faculty or staff of the State university or
3 a public community college district, or members of an
4 organization of students, alumni, faculty or staff of the
5 State university or a public community college district are
6 active participants in the conference or convention, or by a
7 catering establishment which has rented facilities from a
8 board of trustees of a public community college district, or,
9 if approved by the District board, on land owned by the
10 Metropolitan Sanitary District of Greater Chicago and leased
11 to others for a term of at least 20 years. Nothing in this
12 Section precludes the sale or delivery of alcoholic liquor in
13 the form of original packaged goods in premises located at
14 500 S. Racine in Chicago belonging to the University of
15 Illinois and used primarily as a grocery store by a
16 commercial tenant during the term of a lease that predates
17 the University's acquisition of the premises; but the
18 University shall have no power or authority to renew,
19 transfer, or extend the lease with terms allowing the sale of
20 alcoholic liquor; and the sale of alcoholic liquor shall be
21 subject to all local laws and regulations. After the
22 acquisition by Winnebago County of the property located at
23 404 Elm Street in Rockford, a commercial tenant who sold
24 alcoholic liquor at retail on a portion of the property under
25 a valid license at the time of the acquisition may continue
26 to do so for so long as the tenant and the County may agree
27 under existing or future leases, subject to all local laws
28 and regulations regarding the sale of alcoholic liquor. Each
29 facility shall provide dram shop liability in maximum
30 insurance coverage limits so as to save harmless the State,
31 municipality, State university, airport, golf course, faculty
32 center, facility in which conference and convention type
33 activities take place, park district, Forest Preserve
34 District, public community college district, aquarium,
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1 museum, or sanitary district from all financial loss, damage
2 or harm. Alcoholic liquors may be sold at retail in buildings
3 of golf courses owned by municipalities in connection with
4 the operation of an established food serving facility during
5 times when food is dispensed for consumption upon the
6 premises. Alcoholic liquors may be delivered to and sold at
7 retail in any building owned by a fire protection district
8 organized under the Fire Protection District Act, provided
9 that such delivery and sale is approved by the board of
10 trustees of the district, and provided further that such
11 delivery and sale is limited to fundraising events and to a
12 maximum of 6 events per year.
13 Alcoholic liquor may be delivered to and sold at retail
14 in the Dorchester Senior Business Center owned by the Village
15 of Dolton if the alcoholic liquor is sold or dispensed only
16 in connection with organized functions for which the planned
17 attendance is 20 or more persons, and if the person or
18 facility selling or dispensing the alcoholic liquor has
19 provided dram shop liability insurance in maximum limits so
20 as to hold harmless the Village of Dolton and the State from
21 all financial loss, damage and harm.
22 Alcoholic liquors may be delivered to and sold at retail
23 in any building used as an Illinois State Armory provided:
24 (i) the Adjutant General's written consent to the
25 issuance of a license to sell alcoholic liquor in such
26 building is filed with the Commission;
27 (ii) the alcoholic liquor is sold or dispensed only
28 in connection with organized functions held on special
29 occasions;
30 (iii) the organized function is one for which the
31 planned attendance is 25 or more persons; and
32 (iv) the facility selling or dispensing the
33 alcoholic liquors has provided dram shop liability
34 insurance in maximum limits so as to save harmless the
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1 facility and the State from all financial loss, damage or
2 harm.
3 Alcoholic liquors may be delivered to and sold at retail
4 in the Chicago Civic Center, provided that:
5 (i) the written consent of the Public Building
6 Commission which administers the Chicago Civic Center is
7 filed with the Commission;
8 (ii) the alcoholic liquor is sold or dispensed only
9 in 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;
13 (iv) the facility selling or dispensing the
14 alcoholic liquors has provided dram shop liability
15 insurance in maximum limits so as to hold harmless the
16 Civic Center, the City of Chicago and the State from all
17 financial loss, damage or harm; and
18 (v) all applicable local ordinances are complied
19 with.
20 Alcoholic liquors may be delivered or sold in any
21 building belonging to or under the control of any city,
22 village or incorporated town where more than 75% of the
23 physical properties of the building is used for commercial or
24 recreational purposes, and the building is located upon a
25 pier extending into or over the waters of a navigable lake or
26 stream or on the shore of a navigable lake or stream.
27 Alcoholic liquor may be sold in buildings under the control
28 of the Department of Natural Resources when written consent
29 to the issuance of a license to sell alcoholic liquor in such
30 buildings is filed with the Commission by the Department of
31 Natural Resources. Notwithstanding any other provision of
32 this Act, alcoholic liquor sold by a United States Army Corps
33 of Engineers or Department of Natural Resources
34 concessionaire who was operating on June 1, 1991 for
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1 on-premises consumption only is not subject to the provisions
2 of Articles IV and IX. Beer and wine may be sold on the
3 premises of the Joliet Park District Stadium owned by the
4 Joliet Park District when written consent to the issuance of
5 a license to sell beer and wine in such premises is filed
6 with the local liquor commissioner by the Joliet Park
7 District. Beer and wine may be sold in buildings on the
8 grounds of State veterans' homes when written consent to the
9 issuance of a license to sell beer and wine in such buildings
10 is filed with the Commission by the Department of Veterans'
11 Affairs, and the facility shall provide dram shop liability
12 in maximum insurance coverage limits so as to save the
13 facility harmless from all financial loss, damage or harm.
14 Such liquors may be delivered to and sold at any property
15 owned or held under lease by a Metropolitan Pier and
16 Exposition Authority or Metropolitan Exposition and
17 Auditorium Authority.
18 Beer and wine may be sold and dispensed at professional
19 sporting events and at professional concerts and other
20 entertainment events conducted on premises owned by the
21 Forest Preserve District of Kane County, subject to the
22 control of the District Commissioners and applicable local
23 law, provided that dram shop liability insurance is provided
24 at maximum coverage limits so as to hold the District
25 harmless from all financial loss, damage and harm.
26 Nothing in this Section shall preclude the sale or
27 delivery of beer and wine at a State or county fair or the
28 sale or delivery of beer or wine at a city fair in any
29 otherwise lawful manner.
30 Alcoholic liquors may be sold at retail in buildings in
31 State parks under the control of the Department of Natural
32 Resources, provided:
33 a. the State park has overnight lodging facilities
34 with some restaurant facilities or, not having overnight
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1 lodging facilities, has restaurant facilities which serve
2 complete luncheon and dinner or supper meals,
3 b. consent to the issuance of a license to sell
4 alcoholic liquors in the buildings has been filed with
5 the commission by the Department of Natural Resources,
6 and
7 c. the alcoholic liquors are sold by the State park
8 lodge or restaurant concessionaire only during the hours
9 from 11 o'clock a.m. until 12 o'clock midnight.
10 Notwithstanding any other provision of this Act,
11 alcoholic liquor sold by the State park or restaurant
12 concessionaire is not subject to the provisions of
13 Articles IV and IX.
14 Alcoholic liquors may be sold at retail in buildings on
15 properties under the control of the Historic Preservation
16 Agency provided:
17 a. the property has overnight lodging facilities
18 with some restaurant facilities or, not having overnight
19 lodging facilities, has restaurant facilities which serve
20 complete luncheon and dinner or supper meals,
21 b. consent to the issuance of a license to sell
22 alcoholic liquors in the buildings has been filed with
23 the commission by the Historic Preservation Agency, and
24 c. the alcoholic liquors are sold by the lodge or
25 restaurant concessionaire only during the hours from 11
26 o'clock a.m. until 12 o'clock midnight.
27 The sale of alcoholic liquors pursuant to this Section
28 does not authorize the establishment and operation of
29 facilities commonly called taverns, saloons, bars, cocktail
30 lounges, and the like except as a part of lodge and
31 restaurant facilities in State parks or golf courses owned by
32 Forest Preserve Districts with a population of less than
33 3,000,000 or municipalities or park districts.
34 Alcoholic liquors may be sold at retail in the
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1 Springfield Administration Building of the Department of
2 Transportation and the Illinois State Armory in Springfield;
3 provided, that the controlling government authority may
4 consent to such sales only if
5 a. the request is from a not-for-profit
6 organization;
7 b. such sales would not impede normal operations of
8 the departments involved;
9 c. the not-for-profit organization provides dram
10 shop liability in maximum insurance coverage limits and
11 agrees to defend, save harmless and indemnify the State
12 of Illinois from all financial loss, damage or harm;
13 d. no such sale shall be made during normal working
14 hours of the State of Illinois; and
15 e. the consent is in writing.
16 Alcoholic liquors may be sold at retail in buildings in
17 recreational areas of river conservancy districts under the
18 control of, or leased from, the river conservancy districts.
19 Such sales are subject to reasonable local regulations as
20 provided in Article IV; however, no such regulations may
21 prohibit or substantially impair the sale of alcoholic
22 liquors on Sundays or Holidays.
23 Alcoholic liquors may be provided in long term care
24 facilities owned or operated by a county under Division 5-21
25 or 5-22 of the Counties Code, when approved by the facility
26 operator and not in conflict with the regulations of the
27 Illinois Department of Public Health, to residents of the
28 facility who have had their consumption of the alcoholic
29 liquors provided approved in writing by a physician licensed
30 to practice medicine in all its branches.
31 Alcoholic liquors may be delivered to and dispensed in
32 State housing assigned to employees of the Department of
33 Corrections. No person shall furnish or allow to be furnished
34 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
4 the Willard Ice Building in Springfield, at the State Library
5 in Springfield, and at Illinois State Museum facilities by
6 (1) 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 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
14 manner that does not impair normal operations of State
15 offices 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
20 in 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
23 of alcoholic liquors.
24 Nothing in this Act shall prevent a not-for-profit
25 organization or agency of the State from employing the
26 services of a catering establishment for the selling or
27 dispensing of alcoholic liquors at authorized functions.
28 The controlling government authority for the Willard Ice
29 Building in Springfield shall be the Director of the
30 Department of Revenue. The controlling government authority
31 for Illinois State Museum facilities shall be the Director of
32 the Illinois State Museum. The controlling government
33 authority for the State Library in Springfield shall be the
34 Secretary of State.
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1 Alcoholic liquors may be delivered to and sold at retail
2 or dispensed at any facility, property or building under the
3 jurisdiction of the Historic Preservation Agency where the
4 delivery, sale or dispensing is by (1) an agency of the
5 State, whether legislative, judicial or executive, provided
6 that such agency first obtains written permission to sell or
7 dispense alcoholic liquors from a controlling government
8 authority, or by (2) a not-for-profit organization provided
9 that such organization:
10 a. Obtains written consent from the controlling
11 government authority;
12 b. Sells or dispenses the alcoholic liquors in a
13 manner that does not impair normal workings of State
14 offices or operations located at the facility, property
15 or building;
16 c. Sells or dispenses alcoholic liquors only in
17 connection with an official activity of the
18 not-for-profit organization in the facility, property or
19 building;
20 d. Provides, or its catering service provides, dram
21 shop liability insurance in maximum coverage limits and
22 in which the carrier agrees to defend, save harmless and
23 indemnify the State of Illinois from all financial loss,
24 damage or harm arising out of the selling or dispensing
25 of alcoholic liquors.
26 The controlling government authority for the Historic
27 Preservation Agency shall be the Director of the Historic
28 Preservation Agency.
29 Alcoholic liquors may be sold at retail or dispensed at
30 the James R. Thompson Center in Chicago and 222 South College
31 Street in Springfield, Illinois by (1) a commercial tenant or
32 subtenant conducting business on the premises under a lease
33 made pursuant to Section 405-315 of the Department of Central
34 Management Services Law (20 ILCS 405/405-315), provided that
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1 such tenant or subtenant who sells or dispenses alcoholic
2 liquors shall procure and maintain dram shop liability
3 insurance in maximum coverage limits and in which the carrier
4 agrees to defend, indemnify and save harmless the State of
5 Illinois from all financial loss, damage or harm arising out
6 of the sale or dispensing of alcoholic liquors, or by (2) an
7 agency of the State, whether legislative, judicial or
8 executive, provided that such agency first obtains written
9 permission to sell or dispense alcoholic liquors from the
10 Director of Central Management Services, or by (3) a
11 not-for-profit organization, 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 Director of Central Management Services.
30 Alcoholic liquors may be sold or delivered at any
31 facility owned by the Illinois Sports Facilities Authority
32 provided that dram shop liability insurance has been made
33 available in a form, with such coverage and in such amounts
34 as the Authority reasonably determines is necessary.
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1 Alcoholic liquors may be sold at retail or dispensed at
2 the Rockford State Office Building by (1) an agency of the
3 State, whether legislative, judicial or executive, provided
4 that such agency first obtains written permission to sell or
5 dispense alcoholic liquors from the Department of Central
6 Management Services, or by (2) a not-for-profit organization,
7 provided that such organization:
8 a. Obtains written consent from the Department of
9 Central Management Services;
10 b. Sells or dispenses the alcoholic liquors in a
11 manner that does not impair normal operations of State
12 offices located in the building;
13 c. Sells or dispenses alcoholic liquors only in
14 connection with an official activity in the building;
15 d. Provides, or its catering service provides, dram
16 shop liability insurance in maximum coverage limits and
17 in which the carrier agrees to defend, save harmless and
18 indemnify the State of Illinois from all financial loss,
19 damage or harm arising out of the selling or dispensing
20 of alcoholic liquors.
21 Nothing in this Act shall prevent a not-for-profit
22 organization or agency of the State from employing the
23 services of a catering establishment for the selling or
24 dispensing of alcoholic liquors at functions authorized by
25 the Department of Central Management Services.
26 Alcoholic liquors may be sold or delivered in a building
27 that is owned by McLean County, situated on land owned by the
28 county in the City of Bloomington, and used by the McLean
29 County Historical Society if the sale or delivery is approved
30 by an ordinance adopted by the county board, and the
31 municipality in which the building is located may not
32 prohibit that sale or delivery, notwithstanding any other
33 provision of this Section. The regulation of the sale and
34 delivery of alcoholic liquor in a building that is owned by
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1 McLean County, situated on land owned by the county, and used
2 by the McLean County Historical Society as provided in this
3 paragraph is an exclusive power and function of the State and
4 is a denial and limitation under Article VII, Section 6,
5 subsection (h) of the Illinois Constitution of the power of a
6 home rule municipality to regulate that sale and delivery.
7 Alcoholic liquors may be sold or delivered in any
8 building situated on land held in trust for any school
9 district organized under Article 34 of the School Code, if
10 the building is not used for school purposes and if the sale
11 or delivery is approved by the board of education.
12 Alcoholic liquors may be sold or delivered in buildings
13 owned by the Community Building Complex Committee of Boone
14 County, Illinois if the person or facility selling or
15 dispensing the alcoholic liquor has provided dram shop
16 liability insurance with coverage and in amounts that the
17 Committee reasonably determines are necessary.
18 Alcoholic liquors may be sold or delivered in the
19 building located at 1200 Centerville Avenue in Belleville,
20 Illinois and occupied by either the Belleville Area Special
21 Education District or the Belleville Area Special Services
22 Cooperative.
23 (Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00;
24 91-922, eff. 7-7-00.)