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92_HB2412ren
HB2412 Re-Enrolled LRB9204208LDcs
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. 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
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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 on any land used for a golf course or for
22 recreational purposes owned by the Forest Preserve District
23 of Cook County, subject to the control of the Forest Preserve
24 District Board of Commissioners and applicable local law,
25 provided that dram shop liability insurance is provided at
26 maximum coverage limits so as to hold the District harmless
27 from all financial loss, damage, and harm, or in any building
28 located on land owned by the Chicago Park District if
29 approved by the Park District Commissioners, or on any land
30 used for a golf course or for recreational purposes and owned
31 by the Illinois International Port District if approved by
32 the District's governing board, or at any airport, golf
33 course, faculty center, or facility in which conference and
34 convention type activities take place belonging to or under
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1 control of any State university or public community college
2 district, provided that with respect to a facility for
3 conference and convention type activities alcoholic liquors
4 shall be limited to the use of the convention or conference
5 participants or participants in cultural, political or
6 educational activities held in such facilities, and provided
7 further that the faculty or staff of the State university or
8 a public community college district, or members of an
9 organization of students, alumni, faculty or staff of the
10 State university or a public community college district are
11 active participants in the conference or convention, or in
12 Memorial Stadium on the campus of the University of Illinois
13 at Urbana-Champaign during games in which the Chicago Bears
14 professional football team is playing in that stadium during
15 the renovation of Soldier Field, not more than one and a half
16 hours before the start of the game and not after the end of
17 the third quarter of the game, or by a catering establishment
18 which has rented facilities from a board of trustees of a
19 public community college district, or, if approved by the
20 District board, on land owned by the Metropolitan Sanitary
21 District of Greater Chicago and leased to others for a term
22 of at least 20 years. Nothing in this Section precludes the
23 sale or delivery of alcoholic liquor in the form of original
24 packaged goods in premises located at 500 S. Racine in
25 Chicago belonging to the University of Illinois and used
26 primarily as a grocery store by a commercial tenant during
27 the term of a lease that predates the University's
28 acquisition of the premises; but the University shall have no
29 power or authority to renew, transfer, or extend the lease
30 with terms allowing the sale of alcoholic liquor; and the
31 sale of alcoholic liquor shall be subject to all local laws
32 and regulations. After the acquisition by Winnebago County
33 of the property located at 404 Elm Street in Rockford, a
34 commercial tenant who sold alcoholic liquor at retail on a
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1 portion of the property under a valid license at the time of
2 the acquisition may continue to do so for so long as the
3 tenant and the County may agree under existing or future
4 leases, subject to all local laws and regulations regarding
5 the sale of alcoholic liquor. Each facility shall provide
6 dram shop liability in maximum insurance coverage limits so
7 as to save harmless the State, municipality, State
8 university, airport, golf course, faculty center, facility in
9 which conference and convention type activities take place,
10 park district, Forest Preserve District, public community
11 college district, aquarium, museum, or sanitary district from
12 all financial loss, damage or harm. Alcoholic liquors may be
13 sold at retail in buildings of golf courses owned by
14 municipalities in connection with the operation of an
15 established food serving facility during times when food is
16 dispensed for consumption upon the premises. Alcoholic
17 liquors may be delivered to and sold at retail in any
18 building owned by a fire protection district organized under
19 the Fire Protection District Act, provided that such delivery
20 and sale is approved by the board of trustees of the
21 district, and provided further that such delivery and sale is
22 limited to fundraising events and to a maximum of 6 events
23 per year.
24 Alcoholic liquor may be delivered to and sold at retail
25 in the Dorchester Senior Business Center owned by the Village
26 of Dolton if the alcoholic liquor is sold or dispensed only
27 in connection with organized functions for which the planned
28 attendance is 20 or more persons, and if the person or
29 facility selling or dispensing the alcoholic liquor has
30 provided dram shop liability insurance in maximum limits so
31 as to hold harmless the Village of Dolton and the State from
32 all financial loss, damage and harm.
33 Alcoholic liquors may be delivered to and sold at retail
34 in any building used as an Illinois State Armory provided:
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1 (i) the Adjutant General's written consent to the
2 issuance of a license to sell alcoholic liquor in such
3 building is filed with the Commission;
4 (ii) the alcoholic liquor is sold or dispensed only
5 in connection with organized functions held on special
6 occasions;
7 (iii) the organized function is one for which the
8 planned attendance is 25 or more persons; and
9 (iv) the facility selling or dispensing the
10 alcoholic liquors has provided dram shop liability
11 insurance in maximum limits so as to save harmless the
12 facility and the State from all financial loss, damage or
13 harm.
14 Alcoholic liquors may be delivered to and sold at retail
15 in the Chicago Civic Center, provided that:
16 (i) the written consent of the Public Building
17 Commission which administers the Chicago Civic Center is
18 filed with the Commission;
19 (ii) the alcoholic liquor is sold or dispensed only
20 in connection with organized functions held on special
21 occasions;
22 (iii) the organized function is one for which the
23 planned attendance is 25 or more persons;
24 (iv) the facility selling or dispensing the
25 alcoholic liquors has provided dram shop liability
26 insurance in maximum limits so as to hold harmless the
27 Civic Center, the City of Chicago and the State from all
28 financial loss, damage or harm; and
29 (v) all applicable local ordinances are complied
30 with.
31 Alcoholic liquors may be delivered or sold in any
32 building belonging to or under the control of any city,
33 village or incorporated town where more than 75% of the
34 physical properties of the building is used for commercial or
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1 recreational purposes, and the building is located upon a
2 pier extending into or over the waters of a navigable lake or
3 stream or on the shore of a navigable lake or stream.
4 Alcoholic liquor may be sold in buildings under the control
5 of the Department of Natural Resources when written consent
6 to the issuance of a license to sell alcoholic liquor in such
7 buildings is filed with the Commission by the Department of
8 Natural Resources. Notwithstanding any other provision of
9 this Act, alcoholic liquor sold by a United States Army Corps
10 of Engineers or Department of Natural Resources
11 concessionaire who was operating on June 1, 1991 for
12 on-premises consumption only is not subject to the provisions
13 of Articles IV and IX. Beer and wine may be sold on the
14 premises of the Joliet Park District Stadium owned by the
15 Joliet Park District when written consent to the issuance of
16 a license to sell beer and wine in such premises is filed
17 with the local liquor commissioner by the Joliet Park
18 District. Beer and wine may be sold in buildings on the
19 grounds of State veterans' homes when written consent to the
20 issuance of a license to sell beer and wine in such buildings
21 is filed with the Commission by the Department of Veterans'
22 Affairs, and the facility shall provide dram shop liability
23 in maximum insurance coverage limits so as to save the
24 facility harmless from all financial loss, damage or harm.
25 Such liquors may be delivered to and sold at any property
26 owned or held under lease by a Metropolitan Pier and
27 Exposition Authority or Metropolitan Exposition and
28 Auditorium Authority.
29 Beer and wine may be sold and dispensed at professional
30 sporting events and at professional concerts and other
31 entertainment events conducted on premises owned by the
32 Forest Preserve District of Kane County, subject to the
33 control of the District Commissioners and applicable local
34 law, provided that dram shop liability insurance is provided
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1 at maximum coverage limits so as to hold the District
2 harmless from all financial loss, damage and harm.
3 Nothing in this Section shall preclude the sale or
4 delivery of beer and wine at a State or county fair or the
5 sale or delivery of beer or wine at a city fair in any
6 otherwise lawful manner.
7 Alcoholic liquors may be sold at retail in buildings in
8 State parks under the control of the Department of Natural
9 Resources, provided:
10 a. the State park has overnight lodging facilities
11 with some restaurant facilities or, not having overnight
12 lodging facilities, has restaurant facilities which serve
13 complete luncheon and dinner or supper meals,
14 b. consent to the issuance of a license to sell
15 alcoholic liquors in the buildings has been filed with
16 the commission by the Department of Natural Resources,
17 and
18 c. the alcoholic liquors are sold by the State park
19 lodge or restaurant concessionaire only during the hours
20 from 11 o'clock a.m. until 12 o'clock midnight.
21 Notwithstanding any other provision of this Act,
22 alcoholic liquor sold by the State park or restaurant
23 concessionaire is not subject to the provisions of
24 Articles IV and IX.
25 Alcoholic liquors may be sold at retail in buildings on
26 properties under the control of the Historic Preservation
27 Agency provided:
28 a. the property has overnight lodging facilities
29 with some restaurant facilities or, not having overnight
30 lodging facilities, has restaurant facilities which serve
31 complete luncheon and dinner or supper meals,
32 b. consent to the issuance of a license to sell
33 alcoholic liquors in the buildings has been filed with
34 the commission by the Historic Preservation Agency, and
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1 c. the alcoholic liquors are sold by the lodge or
2 restaurant concessionaire only during the hours from 11
3 o'clock a.m. until 12 o'clock midnight.
4 The sale of alcoholic liquors pursuant to this Section
5 does not authorize the establishment and operation of
6 facilities commonly called taverns, saloons, bars, cocktail
7 lounges, and the like except as a part of lodge and
8 restaurant facilities in State parks or golf courses owned by
9 Forest Preserve Districts with a population of less than
10 3,000,000 or municipalities or park districts.
11 Alcoholic liquors may be sold at retail in the
12 Springfield Administration Building of the Department of
13 Transportation and the Illinois State Armory in Springfield;
14 provided, that the controlling government authority may
15 consent to such sales only if
16 a. the request is from a not-for-profit
17 organization;
18 b. such sales would not impede normal operations of
19 the departments involved;
20 c. the not-for-profit organization provides dram
21 shop liability in maximum insurance coverage limits and
22 agrees to defend, save harmless and indemnify the State
23 of Illinois from all financial loss, damage or harm;
24 d. no such sale shall be made during normal working
25 hours of the State of Illinois; and
26 e. the consent is in writing.
27 Alcoholic liquors may be sold at retail in buildings in
28 recreational areas of river conservancy districts under the
29 control of, or leased from, the river conservancy districts.
30 Such sales are subject to reasonable local regulations as
31 provided in Article IV; however, no such regulations may
32 prohibit or substantially impair the sale of alcoholic
33 liquors on Sundays or Holidays.
34 Alcoholic liquors may be provided in long term care
HB2412 Re-Enrolled -9- LRB9204208LDcs
1 facilities owned or operated by a county under Division 5-21
2 or 5-22 of the Counties Code, when approved by the facility
3 operator and not in conflict with the regulations of the
4 Illinois Department of Public Health, to residents of the
5 facility who have had their consumption of the alcoholic
6 liquors provided approved in writing by a physician licensed
7 to practice medicine in all its branches.
8 Alcoholic liquors may be delivered to and dispensed in
9 State housing assigned to employees of the Department of
10 Corrections. No person shall furnish or allow to be furnished
11 any alcoholic liquors to any prisoner confined in any jail,
12 reformatory, prison or house of correction except upon a
13 physician's prescription for medicinal purposes.
14 Alcoholic liquors may be sold at retail or dispensed at
15 the Willard Ice Building in Springfield, at the State Library
16 in Springfield, and at Illinois State Museum facilities by
17 (1) an agency of the State, whether legislative, judicial or
18 executive, provided that such agency first obtains written
19 permission to sell or dispense alcoholic liquors from the
20 controlling government authority, or by (2) a not-for-profit
21 organization, provided that such organization:
22 a. Obtains written consent from the controlling
23 government authority;
24 b. Sells or dispenses the alcoholic liquors in a
25 manner that does not impair normal operations of State
26 offices located in the building;
27 c. Sells or dispenses alcoholic liquors only in
28 connection with an official activity in the building;
29 d. Provides, or its catering service provides, dram
30 shop liability insurance in maximum coverage limits and
31 in which the carrier agrees to defend, save harmless and
32 indemnify the State of Illinois from all financial loss,
33 damage or harm arising out of the selling or dispensing
34 of alcoholic liquors.
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1 Nothing in this Act shall prevent a not-for-profit
2 organization or agency of the State from employing the
3 services of a catering establishment for the selling or
4 dispensing of alcoholic liquors at authorized functions.
5 The controlling government authority for the Willard Ice
6 Building in Springfield shall be the Director of the
7 Department of Revenue. The controlling government authority
8 for Illinois State Museum facilities shall be the Director of
9 the Illinois State Museum. The controlling government
10 authority for the State Library in Springfield shall be the
11 Secretary of State.
12 Alcoholic liquors may be delivered to and sold at retail
13 or dispensed at any facility, property or building under the
14 jurisdiction of the Historic Preservation Agency where the
15 delivery, sale or dispensing is by (1) an agency of the
16 State, whether legislative, judicial or executive, provided
17 that such agency first obtains written permission to sell or
18 dispense alcoholic liquors from a controlling government
19 authority, or by (2) a not-for-profit organization provided
20 that such organization:
21 a. Obtains written consent from the controlling
22 government authority;
23 b. Sells or dispenses the alcoholic liquors in a
24 manner that does not impair normal workings of State
25 offices or operations located at the facility, property
26 or building;
27 c. Sells or dispenses alcoholic liquors only in
28 connection with an official activity of the
29 not-for-profit organization in the facility, property or
30 building;
31 d. Provides, or its catering service provides, dram
32 shop liability insurance in maximum coverage limits and
33 in which the carrier agrees to defend, save harmless and
34 indemnify the State of Illinois from all financial loss,
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1 damage or harm arising out of the selling or dispensing
2 of alcoholic liquors.
3 The controlling government authority for the Historic
4 Preservation Agency shall be the Director of the Historic
5 Preservation Agency.
6 Alcoholic liquors may be sold at retail or dispensed at
7 the James R. Thompson Center in Chicago and 222 South College
8 Street in Springfield, Illinois by (1) a commercial tenant or
9 subtenant conducting business on the premises under a lease
10 made pursuant to Section 405-315 of the Department of Central
11 Management Services Law (20 ILCS 405/405-315), provided that
12 such tenant or subtenant who sells or dispenses alcoholic
13 liquors shall procure and maintain dram shop liability
14 insurance in maximum coverage limits and in which the carrier
15 agrees to defend, indemnify and save harmless the State of
16 Illinois from all financial loss, damage or harm arising out
17 of the sale or dispensing of alcoholic liquors, or by (2) an
18 agency of the State, whether legislative, judicial or
19 executive, provided that such agency first obtains written
20 permission to sell or dispense alcoholic liquors from the
21 Director of Central Management Services, or by (3) a
22 not-for-profit organization, provided that such organization:
23 a. Obtains written consent from the Department of
24 Central Management Services;
25 b. Sells or dispenses the alcoholic liquors in a
26 manner that does not impair normal operations of State
27 offices located in the building;
28 c. Sells or dispenses alcoholic liquors only in
29 connection with an official activity in the building;
30 d. Provides, or its catering service provides, dram
31 shop liability insurance in maximum coverage limits and
32 in which the carrier agrees to defend, save harmless and
33 indemnify the State of Illinois from all financial loss,
34 damage or harm arising out of the selling or dispensing
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1 of alcoholic liquors.
2 Nothing in this Act shall prevent a not-for-profit
3 organization or agency of the State from employing the
4 services of a catering establishment for the selling or
5 dispensing of alcoholic liquors at functions authorized by
6 the Director of Central Management Services.
7 Alcoholic liquors may be sold or delivered at any
8 facility owned by the Illinois Sports Facilities Authority
9 provided that dram shop liability insurance has been made
10 available in a form, with such coverage and in such amounts
11 as the Authority reasonably determines is necessary.
12 Alcoholic liquors may be sold at retail or dispensed at
13 the Rockford State Office Building by (1) an agency of the
14 State, whether legislative, judicial or executive, provided
15 that such agency first obtains written permission to sell or
16 dispense alcoholic liquors from the Department of Central
17 Management Services, or by (2) a not-for-profit organization,
18 provided that such organization:
19 a. Obtains written consent from the Department of
20 Central Management Services;
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
HB2412 Re-Enrolled -13- LRB9204208LDcs
1 dispensing of alcoholic liquors at functions authorized by
2 the Department of Central Management Services.
3 Alcoholic liquors may be sold or delivered in a building
4 that is owned by McLean County, situated on land owned by the
5 county in the City of Bloomington, and used by the McLean
6 County Historical Society if the sale or delivery is approved
7 by an ordinance adopted by the county board, and the
8 municipality in which the building is located may not
9 prohibit that sale or delivery, notwithstanding any other
10 provision of this Section. The regulation of the sale and
11 delivery of alcoholic liquor in a building that is owned by
12 McLean County, situated on land owned by the county, and used
13 by the McLean County Historical Society as provided in this
14 paragraph is an exclusive power and function of the State and
15 is a denial and limitation under Article VII, Section 6,
16 subsection (h) of the Illinois Constitution of the power of a
17 home rule municipality to regulate that sale and delivery.
18 Alcoholic liquors may be sold or delivered in any
19 building situated on land held in trust for any school
20 district organized under Article 34 of the School Code, if
21 the building is not used for school purposes and if the sale
22 or delivery is approved by the board of education.
23 Alcoholic liquors may be sold or delivered in buildings
24 owned by the Community Building Complex Committee of Boone
25 County, Illinois if the person or facility selling or
26 dispensing the alcoholic liquor has provided dram shop
27 liability insurance with coverage and in amounts that the
28 Committee reasonably determines are necessary.
29 Alcoholic liquors may be sold or delivered in the
30 building located at 1200 Centerville Avenue in Belleville,
31 Illinois and occupied by either the Belleville Area Special
32 Education District or the Belleville Area Special Services
33 Cooperative.
34 (Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00;
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1 91-922, eff. 7-7-00.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.
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