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92_HB1894eng HB1894 Engrossed 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 HB1894 Engrossed -2- LRB9207663LDpr 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 HB1894 Engrossed -3- LRB9207663LDpr 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, HB1894 Engrossed -4- LRB9207663LDpr 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 HB1894 Engrossed -5- LRB9207663LDpr 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 HB1894 Engrossed -6- LRB9207663LDpr 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 HB1894 Engrossed -7- LRB9207663LDpr 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 HB1894 Engrossed -8- LRB9207663LDpr 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, HB1894 Engrossed -9- LRB9207663LDpr 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. HB1894 Engrossed -10- LRB9207663LDpr 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 HB1894 Engrossed -11- LRB9207663LDpr 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. HB1894 Engrossed -12- LRB9207663LDpr 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 HB1894 Engrossed -13- LRB9207663LDpr 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.)