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92_HB2619sam001
SRS92HB2619PMcpam01
1 AMENDMENT TO HOUSE BILL 2619
2 AMENDMENT NO. . Amend House Bill 2619 by replacing
3 everything after the enacting clause with the following:
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 or on any golf course owned by a park district
22 organized under the Park District Code, subject to the
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1 approval of the governing board of the district, or in any
2 building or on any golf course owned by a forest preserve
3 district organized under the Downstate Forest Preserve
4 District Act, subject to the approval of the governing board
5 of the district, or on the grounds within 500 feet of any
6 building owned by a forest preserve district organized under
7 the Downstate Forest Preserve District Act during times when
8 food is dispensed for consumption within 500 feet of the
9 building from which the food is dispensed, subject to the
10 approval of the governing board of the district, or in a
11 building owned by a Local Mass Transit District organized
12 under the Local Mass Transit District Act, subject to the
13 approval of the governing Board of the District, or in
14 Bicentennial Park, or on the premises of the City of Mendota
15 Lake Park located adjacent to Route 51 in Mendota, Illinois,
16 or on the premises of Camden Park in Milan, Illinois, or in
17 the community center owned by the City of Loves Park that is
18 located at 1000 River Park Drive in Loves Park, Illinois, or,
19 in connection with the operation of an established food
20 serving facility during times when food is dispensed for
21 consumption on the premises, and at the following aquarium
22 and museums located in public parks: Art Institute of
23 Chicago, Chicago Academy of Sciences, Chicago Historical
24 Society, Field Museum of Natural History, Museum of Science
25 and Industry, DuSable Museum of African American History,
26 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
27 Museum of Arts and Sciences in Peoria, or in connection with
28 the operation of the facilities of the Chicago Zoological
29 Society or the Chicago Horticultural Society on land owned by
30 the Forest Preserve District of Cook County, or in any
31 building located on land owned by the Chicago Park District
32 if approved by the Park District Commissioners, or on any
33 land used for a golf course or for recreational purposes and
34 owned by the Illinois International Port District if approved
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1 by the District's governing board, or at any airport, golf
2 course, faculty center, or facility in which conference and
3 convention type activities take place belonging to or under
4 control of any State university or public community college
5 district, provided that with respect to a facility for
6 conference and convention type activities alcoholic liquors
7 shall be limited to the use of the convention or conference
8 participants or participants in cultural, political or
9 educational activities held in such facilities, and provided
10 further that the faculty or staff of the State university or
11 a public community college district, or members of an
12 organization of students, alumni, faculty or staff of the
13 State university or a public community college district are
14 active participants in the conference or convention, or by a
15 catering establishment which has rented facilities from a
16 board of trustees of a public community college district, or,
17 if approved by the District board, on land owned by the
18 Metropolitan Sanitary District of Greater Chicago and leased
19 to others for a term of at least 20 years. Nothing in this
20 Section precludes the sale or delivery of alcoholic liquor in
21 the form of original packaged goods in premises located at
22 500 S. Racine in Chicago belonging to the University of
23 Illinois and used primarily as a grocery store by a
24 commercial tenant during the term of a lease that predates
25 the University's acquisition of the premises; but the
26 University shall have no power or authority to renew,
27 transfer, or extend the lease with terms allowing the sale of
28 alcoholic liquor; and the sale of alcoholic liquor shall be
29 subject to all local laws and regulations. After the
30 acquisition by Winnebago County of the property located at
31 404 Elm Street in Rockford, a commercial tenant who sold
32 alcoholic liquor at retail on a portion of the property under
33 a valid license at the time of the acquisition may continue
34 to do so for so long as the tenant and the County may agree
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1 under existing or future leases, subject to all local laws
2 and regulations regarding the sale of alcoholic liquor. Each
3 facility shall provide dram shop liability in maximum
4 insurance coverage limits so as to save harmless the State,
5 municipality, State university, airport, golf course, faculty
6 center, facility in which conference and convention type
7 activities take place, park district, Forest Preserve
8 District, public community college district, aquarium,
9 museum, or sanitary district from all financial loss, damage
10 or harm. Alcoholic liquors may be sold at retail in buildings
11 of golf courses owned by municipalities in connection with
12 the operation of an established food serving facility during
13 times when food is dispensed for consumption upon the
14 premises. Alcoholic liquors may be delivered to and sold at
15 retail in any building owned by a fire protection district
16 organized under the Fire Protection District Act, provided
17 that such delivery and sale is approved by the board of
18 trustees of the district, and provided further that such
19 delivery and sale is limited to fundraising events and to a
20 maximum of 6 events per year.
21 Alcoholic liquor may be delivered to and sold at retail
22 in the Dorchester Senior Business Center owned by the Village
23 of Dolton if the alcoholic liquor is sold or dispensed only
24 in connection with organized functions for which the planned
25 attendance is 20 or more persons, and if the person or
26 facility selling or dispensing the alcoholic liquor has
27 provided dram shop liability insurance in maximum limits so
28 as to hold harmless the Village of Dolton and the State from
29 all financial loss, damage and harm.
30 Alcoholic liquors may be delivered to and sold at retail
31 in any building used as an Illinois State Armory provided:
32 (i) the Adjutant General's written consent to the
33 issuance of a license to sell alcoholic liquor in such
34 building is filed with the Commission;
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1 (ii) the alcoholic liquor is sold or dispensed only
2 in connection with organized functions held on special
3 occasions;
4 (iii) the organized function is one for which the
5 planned attendance is 25 or more persons; and
6 (iv) the facility selling or dispensing the
7 alcoholic liquors has provided dram shop liability
8 insurance in maximum limits so as to save harmless the
9 facility and the State from all financial loss, damage or
10 harm.
11 Alcoholic liquors may be delivered to and sold at retail
12 in the Chicago Civic Center, provided that:
13 (i) the written consent of the Public Building
14 Commission which administers the Chicago Civic Center is
15 filed with the Commission;
16 (ii) the alcoholic liquor is sold or dispensed only
17 in connection with organized functions held on special
18 occasions;
19 (iii) the organized function is one for which the
20 planned attendance is 25 or more persons;
21 (iv) the facility selling or dispensing the
22 alcoholic liquors has provided dram shop liability
23 insurance in maximum limits so as to hold harmless the
24 Civic Center, the City of Chicago and the State from all
25 financial loss, damage or harm; and
26 (v) all applicable local ordinances are complied
27 with.
28 Alcoholic liquors may be delivered or sold in any
29 building belonging to or under the control of any city,
30 village or incorporated town where more than 75% of the
31 physical properties of the building is used for commercial or
32 recreational purposes, and the building is located upon a
33 pier extending into or over the waters of a navigable lake or
34 stream or on the shore of a navigable lake or stream.
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1 Alcoholic liquor may be sold in buildings under the control
2 of the Department of Natural Resources when written consent
3 to the issuance of a license to sell alcoholic liquor in such
4 buildings is filed with the Commission by the Department of
5 Natural Resources. Notwithstanding any other provision of
6 this Act, alcoholic liquor sold by a United States Army Corps
7 of Engineers or Department of Natural Resources
8 concessionaire who was operating on June 1, 1991 for
9 on-premises consumption only is not subject to the provisions
10 of Articles IV and IX. Beer and wine may be sold on the
11 premises of the Joliet Park District Stadium owned by the
12 Joliet Park District when written consent to the issuance of
13 a license to sell beer and wine in such premises is filed
14 with the local liquor commissioner by the Joliet Park
15 District. Beer and wine may be sold in buildings on the
16 grounds of State veterans' homes when written consent to the
17 issuance of a license to sell beer and wine in such buildings
18 is filed with the Commission by the Department of Veterans'
19 Affairs, and the facility shall provide dram shop liability
20 in maximum insurance coverage limits so as to save the
21 facility harmless from all financial loss, damage or harm.
22 Such liquors may be delivered to and sold at any property
23 owned or held under lease by a Metropolitan Pier and
24 Exposition Authority or Metropolitan Exposition and
25 Auditorium Authority.
26 Beer and wine may be sold and dispensed at professional
27 sporting events and at professional concerts and other
28 entertainment events conducted on premises owned by the
29 Forest Preserve District of Kane County, subject to the
30 control of the District Commissioners and applicable local
31 law, provided that dram shop liability insurance is provided
32 at maximum coverage limits so as to hold the District
33 harmless from all financial loss, damage and harm.
34 Nothing in this Section shall preclude the sale or
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1 delivery of beer and wine at a State or county fair or the
2 sale or delivery of beer or wine at a city fair in any
3 otherwise lawful manner.
4 Alcoholic liquors may be sold at retail in buildings in
5 State parks under the control of the Department of Natural
6 Resources, provided:
7 a. the State park has overnight lodging facilities
8 with some restaurant facilities or, not having overnight
9 lodging facilities, has restaurant facilities which serve
10 complete luncheon and dinner or supper meals,
11 b. consent to the issuance of a license to sell
12 alcoholic liquors in the buildings has been filed with
13 the commission by the Department of Natural Resources,
14 and
15 c. the alcoholic liquors are sold by the State park
16 lodge or restaurant concessionaire only during the hours
17 from 11 o'clock a.m. until 12 o'clock midnight.
18 Notwithstanding any other provision of this Act,
19 alcoholic liquor sold by the State park or restaurant
20 concessionaire is not subject to the provisions of
21 Articles IV and IX.
22 Alcoholic liquors may be sold at retail in buildings on
23 properties under the control of the Historic Preservation
24 Agency provided:
25 a. the property has overnight lodging facilities
26 with some restaurant facilities or, not having overnight
27 lodging facilities, has restaurant facilities which serve
28 complete luncheon and dinner or supper meals,
29 b. consent to the issuance of a license to sell
30 alcoholic liquors in the buildings has been filed with
31 the commission by the Historic Preservation Agency, and
32 c. the alcoholic liquors are sold by the lodge or
33 restaurant concessionaire only during the hours from 11
34 o'clock a.m. until 12 o'clock midnight.
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1 The sale of alcoholic liquors pursuant to this Section
2 does not authorize the establishment and operation of
3 facilities commonly called taverns, saloons, bars, cocktail
4 lounges, and the like except as a part of lodge and
5 restaurant facilities in State parks or golf courses owned by
6 Forest Preserve Districts with a population of less than
7 3,000,000 or municipalities or park districts.
8 Alcoholic liquors may be sold at retail in the
9 Springfield Administration Building of the Department of
10 Transportation and the Illinois State Armory in Springfield;
11 provided, that the controlling government authority may
12 consent to such sales only if
13 a. the request is from a not-for-profit
14 organization;
15 b. such sales would not impede normal operations of
16 the departments involved;
17 c. the not-for-profit organization provides dram
18 shop liability in maximum insurance coverage limits and
19 agrees to defend, save harmless and indemnify the State
20 of Illinois from all financial loss, damage or harm;
21 d. no such sale shall be made during normal working
22 hours of the State of Illinois; and
23 e. the consent is in writing.
24 Alcoholic liquors may be sold at retail in buildings in
25 recreational areas of river conservancy districts under the
26 control of, or leased from, the river conservancy districts.
27 Such sales are subject to reasonable local regulations as
28 provided in Article IV; however, no such regulations may
29 prohibit or substantially impair the sale of alcoholic
30 liquors on Sundays or Holidays.
31 Alcoholic liquors may be provided in long term care
32 facilities owned or operated by a county under Division 5-21
33 or 5-22 of the Counties Code, when approved by the facility
34 operator and not in conflict with the regulations of the
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1 Illinois Department of Public Health, to residents of the
2 facility who have had their consumption of the alcoholic
3 liquors provided approved in writing by a physician licensed
4 to practice medicine in all its branches.
5 Alcoholic liquors may be delivered to and dispensed in
6 State housing assigned to employees of the Department of
7 Corrections. No person shall furnish or allow to be furnished
8 any alcoholic liquors to any prisoner confined in any jail,
9 reformatory, prison or house of correction except upon a
10 physician's prescription for medicinal purposes.
11 Alcoholic liquors may be sold at retail or dispensed at
12 the Willard Ice Building in Springfield, at the State Library
13 in Springfield, and at Illinois State Museum facilities by
14 (1) an agency of the State, whether legislative, judicial or
15 executive, provided that such agency first obtains written
16 permission to sell or dispense alcoholic liquors from the
17 controlling government authority, or by (2) a not-for-profit
18 organization, provided that such organization:
19 a. Obtains written consent from the controlling
20 government authority;
21 b. Sells or dispenses the alcoholic liquors in a
22 manner that does not impair normal operations of State
23 offices located in the building;
24 c. Sells or dispenses alcoholic liquors only in
25 connection with an official activity in the building;
26 d. Provides, or its catering service provides, dram
27 shop liability insurance in maximum coverage limits and
28 in which the carrier agrees to defend, save harmless and
29 indemnify the State of Illinois from all financial loss,
30 damage or harm arising out of the selling or dispensing
31 of alcoholic liquors.
32 Nothing in this Act shall prevent a not-for-profit
33 organization or agency of the State from employing the
34 services of a catering establishment for the selling or
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1 dispensing of alcoholic liquors at authorized functions.
2 The controlling government authority for the Willard Ice
3 Building in Springfield shall be the Director of the
4 Department of Revenue. The controlling government authority
5 for Illinois State Museum facilities shall be the Director of
6 the Illinois State Museum. The controlling government
7 authority for the State Library in Springfield shall be the
8 Secretary of State.
9 Alcoholic liquors may be delivered to and sold at retail
10 or dispensed at any facility, property or building under the
11 jurisdiction of the Historic Preservation Agency where the
12 delivery, sale or dispensing is by (1) an agency of the
13 State, whether legislative, judicial or executive, provided
14 that such agency first obtains written permission to sell or
15 dispense alcoholic liquors from a controlling government
16 authority, or by (2) a not-for-profit organization provided
17 that such organization:
18 a. Obtains written consent from the controlling
19 government authority;
20 b. Sells or dispenses the alcoholic liquors in a
21 manner that does not impair normal workings of State
22 offices or operations located at the facility, property
23 or building;
24 c. Sells or dispenses alcoholic liquors only in
25 connection with an official activity of the
26 not-for-profit organization in the facility, property or
27 building;
28 d. Provides, or its catering service provides, dram
29 shop liability insurance in maximum coverage limits and
30 in which the carrier agrees to defend, save harmless and
31 indemnify the State of Illinois from all financial loss,
32 damage or harm arising out of the selling or dispensing
33 of alcoholic liquors.
34 The controlling government authority for the Historic
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1 Preservation Agency shall be the Director of the Historic
2 Preservation Agency.
3 Alcoholic liquors may be sold at retail or dispensed at
4 the James R. Thompson Center in Chicago and 222 South College
5 Street in Springfield, Illinois by (1) a commercial tenant or
6 subtenant conducting business on the premises under a lease
7 made pursuant to Section 405-315 of the Department of Central
8 Management Services Law (20 ILCS 405/405-315), provided that
9 such tenant or subtenant who sells or dispenses alcoholic
10 liquors shall procure and maintain dram shop liability
11 insurance in maximum coverage limits and in which the carrier
12 agrees to defend, indemnify and save harmless the State of
13 Illinois from all financial loss, damage or harm arising out
14 of the sale or dispensing of alcoholic liquors, or by (2) an
15 agency of the State, whether legislative, judicial or
16 executive, provided that such agency first obtains written
17 permission to sell or dispense alcoholic liquors from the
18 Director of Central Management Services, or by (3) a
19 not-for-profit organization, provided that such organization:
20 a. Obtains written consent from the Department of
21 Central Management Services;
22 b. Sells or dispenses the alcoholic liquors in a
23 manner that does not impair normal operations of State
24 offices located in the building;
25 c. Sells or dispenses alcoholic liquors only in
26 connection with an official activity in the building;
27 d. Provides, or its catering service provides, dram
28 shop liability insurance in maximum coverage limits and
29 in which the carrier agrees to defend, save harmless and
30 indemnify the State of Illinois from all financial loss,
31 damage or harm arising out of the selling or dispensing
32 of alcoholic liquors.
33 Nothing in this Act shall prevent a not-for-profit
34 organization or agency of the State from employing the
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1 services of a catering establishment for the selling or
2 dispensing of alcoholic liquors at functions authorized by
3 the Director of Central Management Services.
4 Alcoholic liquors may be sold or delivered at any
5 facility owned by the Illinois Sports Facilities Authority
6 provided that dram shop liability insurance has been made
7 available in a form, with such coverage and in such amounts
8 as the Authority reasonably determines is necessary.
9 Alcoholic liquors may be sold at retail or dispensed at
10 the Rockford State Office Building by (1) an agency of the
11 State, whether legislative, judicial or executive, provided
12 that such agency first obtains written permission to sell or
13 dispense alcoholic liquors from the Department of Central
14 Management Services, or by (2) a not-for-profit organization,
15 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 Department of Central Management Services.
34 Alcoholic liquors may be sold or delivered in a building
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1 that is owned by McLean County, situated on land owned by the
2 county in the City of Bloomington, and used by the McLean
3 County Historical Society if the sale or delivery is approved
4 by an ordinance adopted by the county board, and the
5 municipality in which the building is located may not
6 prohibit that sale or delivery, notwithstanding any other
7 provision of this Section. The regulation of the sale and
8 delivery of alcoholic liquor in a building that is owned by
9 McLean County, situated on land owned by the county, and used
10 by the McLean County Historical Society as provided in this
11 paragraph is an exclusive power and function of the State and
12 is a denial and limitation under Article VII, Section 6,
13 subsection (h) of the Illinois Constitution of the power of a
14 home rule municipality to regulate that sale and delivery.
15 Alcoholic liquors may be sold or delivered in any
16 building situated on land held in trust for any school
17 district organized under Article 34 of the School Code, if
18 the building is not used for school purposes and if the sale
19 or delivery is approved by the board of education.
20 Alcoholic liquors may be sold or delivered in buildings
21 owned by the Community Building Complex Committee of Boone
22 County, Illinois if the person or facility selling or
23 dispensing the alcoholic liquor has provided dram shop
24 liability insurance with coverage and in amounts that the
25 Committee reasonably determines are necessary.
26 Alcoholic liquors may be sold or delivered in the
27 building located at 1200 Centerville Avenue in Belleville,
28 Illinois and occupied by either the Belleville Area Special
29 Education District or the Belleville Area Special Services
30 Cooperative.
31 (Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00;
32 91-922, eff. 7-7-00.)".
33 Section 99. Effective date. The Act shall take effect
34 upon becoming law.