[ Back ] [ Bottom ]
92_HB2412enr
HB2412 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
HB2412 Enrolled -2- LRB9204208LDcs
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
HB2412 Enrolled -3- LRB9204208LDcs
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, or by a catering
16 establishment which has rented facilities from a board of
17 trustees of a public community college district, or, if
18 approved by the District board, on land owned by the
19 Metropolitan Sanitary District of Greater Chicago and leased
20 to others for a term of at least 20 years. Nothing in this
21 Section precludes the sale or delivery of alcoholic liquor in
22 the form of original packaged goods in premises located at
23 500 S. Racine in Chicago belonging to the University of
24 Illinois and used primarily as a grocery store by a
25 commercial tenant during the term of a lease that predates
26 the University's acquisition of the premises; but the
27 University shall have no power or authority to renew,
28 transfer, or extend the lease with terms allowing the sale of
29 alcoholic liquor; and the sale of alcoholic liquor shall be
30 subject to all local laws and regulations. After the
31 acquisition by Winnebago County of the property located at
32 404 Elm Street in Rockford, a commercial tenant who sold
33 alcoholic liquor at retail on a portion of the property under
34 a valid license at the time of the acquisition may continue
HB2412 Enrolled -4- LRB9204208LDcs
1 to do so for so long as the tenant and the County may agree
2 under existing or future leases, subject to all local laws
3 and regulations regarding the sale of alcoholic liquor. Each
4 facility shall provide dram shop liability in maximum
5 insurance coverage limits so as to save harmless the State,
6 municipality, State university, airport, golf course, faculty
7 center, facility in which conference and convention type
8 activities take place, park district, Forest Preserve
9 District, public community college district, aquarium,
10 museum, or sanitary district from all financial loss, damage
11 or harm. Alcoholic liquors may be sold at retail in buildings
12 of golf courses owned by municipalities in connection with
13 the operation of an established food serving facility during
14 times when food is dispensed for consumption upon the
15 premises. Alcoholic liquors may be delivered to and sold at
16 retail in any building owned by a fire protection district
17 organized under the Fire Protection District Act, provided
18 that such delivery and sale is approved by the board of
19 trustees of the district, and provided further that such
20 delivery and sale is limited to fundraising events and to a
21 maximum of 6 events per year.
22 Alcoholic liquor may be delivered to and sold at retail
23 in the Dorchester Senior Business Center owned by the Village
24 of Dolton if the alcoholic liquor is sold or dispensed only
25 in connection with organized functions for which the planned
26 attendance is 20 or more persons, and if the person or
27 facility selling or dispensing the alcoholic liquor has
28 provided dram shop liability insurance in maximum limits so
29 as to hold harmless the Village of Dolton and the State from
30 all financial loss, damage and harm.
31 Alcoholic liquors may be delivered to and sold at retail
32 in any building used as an Illinois State Armory provided:
33 (i) the Adjutant General's written consent to the
34 issuance of a license to sell alcoholic liquor in such
HB2412 Enrolled -5- LRB9204208LDcs
1 building is filed with the Commission;
2 (ii) the alcoholic liquor is sold or dispensed only
3 in connection with organized functions held on special
4 occasions;
5 (iii) the organized function is one for which the
6 planned attendance is 25 or more persons; and
7 (iv) the facility selling or dispensing the
8 alcoholic liquors has provided dram shop liability
9 insurance in maximum limits so as to save harmless the
10 facility and the State from all financial loss, damage or
11 harm.
12 Alcoholic liquors may be delivered to and sold at retail
13 in the Chicago Civic Center, provided that:
14 (i) the written consent of the Public Building
15 Commission which administers the Chicago Civic Center is
16 filed with the Commission;
17 (ii) the alcoholic liquor is sold or dispensed only
18 in connection with organized functions held on special
19 occasions;
20 (iii) the organized function is one for which the
21 planned attendance is 25 or more persons;
22 (iv) the facility selling or dispensing the
23 alcoholic liquors has provided dram shop liability
24 insurance in maximum limits so as to hold harmless the
25 Civic Center, the City of Chicago and the State from all
26 financial loss, damage or harm; and
27 (v) all applicable local ordinances are complied
28 with.
29 Alcoholic liquors may be delivered or sold in any
30 building belonging to or under the control of any city,
31 village or incorporated town where more than 75% of the
32 physical properties of the building is used for commercial or
33 recreational purposes, and the building is located upon a
34 pier extending into or over the waters of a navigable lake or
HB2412 Enrolled -6- LRB9204208LDcs
1 stream or on the shore of a navigable lake or stream.
2 Alcoholic liquor may be sold in buildings under the control
3 of the Department of Natural Resources when written consent
4 to the issuance of a license to sell alcoholic liquor in such
5 buildings is filed with the Commission by the Department of
6 Natural Resources. Notwithstanding any other provision of
7 this Act, alcoholic liquor sold by a United States Army Corps
8 of Engineers or Department of Natural Resources
9 concessionaire who was operating on June 1, 1991 for
10 on-premises consumption only is not subject to the provisions
11 of Articles IV and IX. Beer and wine may be sold on the
12 premises of the Joliet Park District Stadium owned by the
13 Joliet Park District when written consent to the issuance of
14 a license to sell beer and wine in such premises is filed
15 with the local liquor commissioner by the Joliet Park
16 District. Beer and wine may be sold in buildings on the
17 grounds of State veterans' homes when written consent to the
18 issuance of a license to sell beer and wine in such buildings
19 is filed with the Commission by the Department of Veterans'
20 Affairs, and the facility shall provide dram shop liability
21 in maximum insurance coverage limits so as to save the
22 facility harmless from all financial loss, damage or harm.
23 Such liquors may be delivered to and sold at any property
24 owned or held under lease by a Metropolitan Pier and
25 Exposition Authority or Metropolitan Exposition and
26 Auditorium Authority.
27 Beer and wine may be sold and dispensed at professional
28 sporting events and at professional concerts and other
29 entertainment events conducted on premises owned by the
30 Forest Preserve District of Kane County, subject to the
31 control of the District Commissioners and applicable local
32 law, provided that dram shop liability insurance is provided
33 at maximum coverage limits so as to hold the District
34 harmless from all financial loss, damage and harm.
HB2412 Enrolled -7- LRB9204208LDcs
1 Nothing in this Section shall preclude the sale or
2 delivery of beer and wine at a State or county fair or the
3 sale or delivery of beer or wine at a city fair in any
4 otherwise lawful manner.
5 Alcoholic liquors may be sold at retail in buildings in
6 State parks under the control of the Department of Natural
7 Resources, provided:
8 a. the State park has overnight lodging facilities
9 with some restaurant facilities or, not having overnight
10 lodging facilities, has restaurant facilities which serve
11 complete luncheon and dinner or supper meals,
12 b. consent to the issuance of a license to sell
13 alcoholic liquors in the buildings has been filed with
14 the commission by the Department of Natural Resources,
15 and
16 c. the alcoholic liquors are sold by the State park
17 lodge or restaurant concessionaire only during the hours
18 from 11 o'clock a.m. until 12 o'clock midnight.
19 Notwithstanding any other provision of this Act,
20 alcoholic liquor sold by the State park or restaurant
21 concessionaire is not subject to the provisions of
22 Articles IV and IX.
23 Alcoholic liquors may be sold at retail in buildings on
24 properties under the control of the Historic Preservation
25 Agency provided:
26 a. the property has overnight lodging facilities
27 with some restaurant facilities or, not having overnight
28 lodging facilities, has restaurant facilities which serve
29 complete luncheon and dinner or supper meals,
30 b. consent to the issuance of a license to sell
31 alcoholic liquors in the buildings has been filed with
32 the commission by the Historic Preservation Agency, and
33 c. the alcoholic liquors are sold by the lodge or
34 restaurant concessionaire only during the hours from 11
HB2412 Enrolled -8- LRB9204208LDcs
1 o'clock a.m. until 12 o'clock midnight.
2 The sale of alcoholic liquors pursuant to this Section
3 does not authorize the establishment and operation of
4 facilities commonly called taverns, saloons, bars, cocktail
5 lounges, and the like except as a part of lodge and
6 restaurant facilities in State parks or golf courses owned by
7 Forest Preserve Districts with a population of less than
8 3,000,000 or municipalities or park districts.
9 Alcoholic liquors may be sold at retail in the
10 Springfield Administration Building of the Department of
11 Transportation and the Illinois State Armory in Springfield;
12 provided, that the controlling government authority may
13 consent to such sales only if
14 a. the request is from a not-for-profit
15 organization;
16 b. such sales would not impede normal operations of
17 the departments involved;
18 c. the not-for-profit organization provides dram
19 shop liability in maximum insurance coverage limits and
20 agrees to defend, save harmless and indemnify the State
21 of Illinois from all financial loss, damage or harm;
22 d. no such sale shall be made during normal working
23 hours of the State of Illinois; and
24 e. the consent is in writing.
25 Alcoholic liquors may be sold at retail in buildings in
26 recreational areas of river conservancy districts under the
27 control of, or leased from, the river conservancy districts.
28 Such sales are subject to reasonable local regulations as
29 provided in Article IV; however, no such regulations may
30 prohibit or substantially impair the sale of alcoholic
31 liquors on Sundays or Holidays.
32 Alcoholic liquors may be provided in long term care
33 facilities owned or operated by a county under Division 5-21
34 or 5-22 of the Counties Code, when approved by the facility
HB2412 Enrolled -9- LRB9204208LDcs
1 operator and not in conflict with the regulations of the
2 Illinois Department of Public Health, to residents of the
3 facility who have had their consumption of the alcoholic
4 liquors provided approved in writing by a physician licensed
5 to practice medicine in all its branches.
6 Alcoholic liquors may be delivered to and dispensed in
7 State housing assigned to employees of the Department of
8 Corrections. No person shall furnish or allow to be furnished
9 any alcoholic liquors to any prisoner confined in any jail,
10 reformatory, prison or house of correction except upon a
11 physician's prescription for medicinal purposes.
12 Alcoholic liquors may be sold at retail or dispensed at
13 the Willard Ice Building in Springfield, at the State Library
14 in Springfield, and at Illinois State Museum facilities by
15 (1) an 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 controlling government authority, or by (2) a not-for-profit
19 organization, provided that such organization:
20 a. Obtains written consent from the controlling
21 government authority;
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
HB2412 Enrolled -10- LRB9204208LDcs
1 services of a catering establishment for the selling or
2 dispensing of alcoholic liquors at authorized functions.
3 The controlling government authority for the Willard Ice
4 Building in Springfield shall be the Director of the
5 Department of Revenue. The controlling government authority
6 for Illinois State Museum facilities shall be the Director of
7 the Illinois State Museum. The controlling government
8 authority for the State Library in Springfield shall be the
9 Secretary of State.
10 Alcoholic liquors may be delivered to and sold at retail
11 or dispensed at any facility, property or building under the
12 jurisdiction of the Historic Preservation Agency where the
13 delivery, sale or dispensing is 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 a controlling government
17 authority, or by (2) a not-for-profit organization provided
18 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 workings of State
23 offices or operations located at the facility, property
24 or building;
25 c. Sells or dispenses alcoholic liquors only in
26 connection with an official activity of the
27 not-for-profit organization in the facility, property or
28 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.
HB2412 Enrolled -11- LRB9204208LDcs
1 The controlling government authority for the Historic
2 Preservation Agency shall be the Director of the Historic
3 Preservation Agency.
4 Alcoholic liquors may be sold at retail or dispensed at
5 the James R. Thompson Center in Chicago and 222 South College
6 Street in Springfield, Illinois by (1) a commercial tenant or
7 subtenant conducting business on the premises under a lease
8 made pursuant to Section 405-315 of the Department of Central
9 Management Services Law (20 ILCS 405/405-315), provided that
10 such tenant or subtenant who sells or dispenses alcoholic
11 liquors shall procure and maintain dram shop liability
12 insurance in maximum coverage limits and in which the carrier
13 agrees to defend, indemnify and save harmless the State of
14 Illinois from all financial loss, damage or harm arising out
15 of the sale or dispensing of alcoholic liquors, or by (2) an
16 agency of the State, whether legislative, judicial or
17 executive, provided that such agency first obtains written
18 permission to sell or dispense alcoholic liquors from the
19 Director of Central Management Services, or by (3) a
20 not-for-profit organization, provided that such organization:
21 a. Obtains written consent from the Department of
22 Central Management Services;
23 b. Sells or dispenses the alcoholic liquors in a
24 manner that does not impair normal operations of State
25 offices located in the building;
26 c. Sells or dispenses alcoholic liquors only in
27 connection with an official activity in the 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 Nothing in this Act shall prevent a not-for-profit
HB2412 Enrolled -12- LRB9204208LDcs
1 organization or agency of the State from employing the
2 services of a catering establishment for the selling or
3 dispensing of alcoholic liquors at functions authorized by
4 the Director of Central Management Services.
5 Alcoholic liquors may be sold or delivered at any
6 facility owned by the Illinois Sports Facilities Authority
7 provided that dram shop liability insurance has been made
8 available in a form, with such coverage and in such amounts
9 as the Authority reasonably determines is necessary.
10 Alcoholic liquors may be sold at retail or dispensed at
11 the Rockford State Office Building by (1) an agency of the
12 State, whether legislative, judicial or executive, provided
13 that such agency first obtains written permission to sell or
14 dispense alcoholic liquors from the Department of Central
15 Management Services, or by (2) a not-for-profit organization,
16 provided that such organization:
17 a. Obtains written consent from the Department of
18 Central Management Services;
19 b. Sells or dispenses the alcoholic liquors in a
20 manner that does not impair normal operations of State
21 offices located in the building;
22 c. Sells or dispenses alcoholic liquors only in
23 connection with an official activity in the building;
24 d. Provides, or its catering service provides, dram
25 shop liability insurance in maximum coverage limits and
26 in which the carrier agrees to defend, save harmless and
27 indemnify the State of Illinois from all financial loss,
28 damage or harm arising out of the selling or dispensing
29 of alcoholic liquors.
30 Nothing in this Act shall prevent a not-for-profit
31 organization or agency of the State from employing the
32 services of a catering establishment for the selling or
33 dispensing of alcoholic liquors at functions authorized by
34 the Department of Central Management Services.
HB2412 Enrolled -13- LRB9204208LDcs
1 Alcoholic liquors may be sold or delivered in a building
2 that is owned by McLean County, situated on land owned by the
3 county in the City of Bloomington, and used by the McLean
4 County Historical Society if the sale or delivery is approved
5 by an ordinance adopted by the county board, and the
6 municipality in which the building is located may not
7 prohibit that sale or delivery, notwithstanding any other
8 provision of this Section. The regulation of the sale and
9 delivery of alcoholic liquor in a building that is owned by
10 McLean County, situated on land owned by the county, and used
11 by the McLean County Historical Society as provided in this
12 paragraph is an exclusive power and function of the State and
13 is a denial and limitation under Article VII, Section 6,
14 subsection (h) of the Illinois Constitution of the power of a
15 home rule municipality to regulate that sale and delivery.
16 Alcoholic liquors may be sold or delivered in any
17 building situated on land held in trust for any school
18 district organized under Article 34 of the School Code, if
19 the building is not used for school purposes and if the sale
20 or delivery is approved by the board of education.
21 Alcoholic liquors may be sold or delivered in buildings
22 owned by the Community Building Complex Committee of Boone
23 County, Illinois if the person or facility selling or
24 dispensing the alcoholic liquor has provided dram shop
25 liability insurance with coverage and in amounts that the
26 Committee reasonably determines are necessary.
27 Alcoholic liquors may be sold or delivered in the
28 building located at 1200 Centerville Avenue in Belleville,
29 Illinois and occupied by either the Belleville Area Special
30 Education District or the Belleville Area Special Services
31 Cooperative.
32 (Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00;
33 91-922, eff. 7-7-00.)
HB2412 Enrolled -14- LRB9204208LDcs
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
[ Top ]