State of Illinois
92nd General Assembly
Legislation

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92_HB5754

 
                                              LRB9213735WHcsA

 1        AN ACT in relation to bowling centers.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.   Short  title.  This Act may be cited as the
 5    Bowling Center Safety Act.

 6        Section 5.  Legislative findings and  declarations.   The
 7    General  Assembly  finds  and  declares that the recreational
 8    sport of bowling is practiced by a large number  of  citizens
 9    of  this  State;  bowling  is  a wholesome and healthy family
10    activity that should be encouraged;  and  the  allocation  of
11    risks  and  costs of bowling is an important matter of public
12    policy.
13        The General Assembly further finds and declares that  the
14    owners  of bowling centers face great difficulty in obtaining
15    liability insurance coverage at an affordable cost  and  that
16    the  lack  of  affordable insurance coverage affects not only
17    owners of bowling centers, but also patrons  who  may  suffer
18    personal  injury  or property damage as a result of accidents
19    that occur on the premises of a bowling center.  In order  to
20    make it more economically feasible for insurance companies to
21    provide  coverage to bowling centers at an affordable rate to
22    the owners, occurrences resulting in liability to the  owners
23    should be more predictable by limiting the liability that may
24    be incurred by the owners and encouraging the development and
25    implementation of risk reduction techniques.  This Act should
26    be liberally construed to best carry out the purposes of this
27    Act.

28        Section 10.  Definitions.  As used in this Act:
29        "Operator"  means  a person or entity that owns, manages,
30    controls, directs, or has operational  responsibility  for  a
 
                            -2-               LRB9213735WHcsA
 1    bowling center.
 2        "Bowler"  means  a  person  in  a  bowling center for the
 3    purpose of recreational or competitive bowling. "Bowler" also
 4    includes any person in a bowling center who  is  an  invitee,
 5    whether or not that person pays consideration.
 6        "Bowling  center" means a building, facility, or premises
 7    that provides an area specifically designed to be used by the
 8    public for  recreational or competitive bowling.
 9        "Spectator" means a person who is present  in  a  bowling
10    center  only  for  the  purpose  of observing recreational or
11    competitive bowling.

12        Section  15.  Operator  responsibilities.   It   is   the
13    responsibility of the operator to the extent practicable to:
14        (1)  Post  the  duties  of bowlers and spectators and the
15    duties and obligations of the operator as prescribed in  this
16    Act in a conspicuous place in the bowling center.
17        (2)  Comply  with  all  bowling  center  safety standards
18    published by  a  recognized  association  of  bowling  center
19    operators,   including   but   not   limited  to  the  proper
20    maintenance of bowling equipment and bowling facilities.
21        (3)  Maintain the stability and legibility of all  signs,
22    symbols, and posted notices required by this Act.
23        (4)  Install   fire   extinguishers   and   inspect  fire
24    extinguishers at recommended intervals.
25        (5)  Inspect emergency  lighting  units  periodically  to
26    ensure the lights are in proper order.
27        (6)  Check  rental shoes on a regular basis to ensure the
28    shoes are in good condition.
29        (7)  Comply with all applicable State  and  local  safety
30    codes.

31        Section   20.  Bowler   responsibilities.    It   is  the
32    responsibility of each bowler to:
 
                            -3-               LRB9213735WHcsA
 1        (1)  Maintain reasonable control of the bowler's  actions
 2    at all times.
 3        (2)  Heed all posted signs and warnings.
 4        (3)  Refrain  from  acting  in a manner that may cause or
 5    contribute to the injury of the bowler or any other person.

 6        Section 25.  Assumption of risk. Bowlers  and  spectators
 7    are  deemed  to  have knowledge of and to assume the inherent
 8    risks of bowling.

 9        Section  30.  Bar  of   suit;   complete   defense.   The
10    assumption  of risk set forth in Section 25 is a complete bar
11    of suit and is a  complete  defense  to  a  suit  against  an
12    operator by a bowler or spectator for injuries resulting from
13    the assumed risks of bowling unless the operator has violated
14    his or her duties or responsibilities under this Act.

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