Public Act 93-0103

HB2954 Enrolled                      LRB093 03675 LRD 11620 b

    AN ACT in relation to alcohol liquor.

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

    Section  5.  The Liquor Control Act of 1934 is amended by
changing Section 6-15 as follows:

    (235 ILCS 5/6-15) (from Ch. 43, par. 130)
    Sec.  6-15.  No  alcoholic  liquors  shall  be  sold   or
delivered  in  any building belonging to or under the control
of the State or any political subdivision thereof  except  as
provided in this Act.  The corporate authorities of any city,
village,   incorporated  town  or  township  may  provide  by
ordinance, however, that alcoholic  liquor  may  be  sold  or
delivered  in  any specifically designated building belonging
to or under the control of the municipality or  township,  or
in  any  building  located  on  land under the control of the
municipality; provided that such township complies  with  all
applicable  local  ordinances in any incorporated area of the
township. Alcoholic liquors may be delivered to and  sold  at
any   airport   belonging  to  or  under  the  control  of  a
municipality of more  than  25,000  inhabitants,  or  in  any
building  or  on  any  golf  course  owned by a park district
organized under  the  Park  District  Code,  subject  to  the
approval  of  the  governing board of the district, or in any
building or on any golf course owned  by  a  forest  preserve
district   organized  under  the  Downstate  Forest  Preserve
District Act, subject to the approval of the governing  board
of  the  district,  or  on the grounds within 500 feet of any
building owned by a forest preserve district organized  under
the  Downstate Forest Preserve District Act during times when
food is dispensed for consumption  within  500  feet  of  the
building  from  which  the  food is dispensed, subject to the
approval of the governing board of  the  district,  or  in  a
building  owned  by  a  Local Mass Transit District organized
under the Local Mass Transit District  Act,  subject  to  the
approval  of  the  governing  Board  of  the  District, or in
Bicentennial Park, or on the premises of the City of  Mendota
Lake  Park located adjacent to Route 51 in Mendota, Illinois,
or on the premises of Camden Park in Milan, Illinois,  or  in
the  community center owned by the City of Loves Park that is
located at 1000 River Park Drive in Loves Park, Illinois, or,
in connection with  the  operation  of  an  established  food
serving  facility  during  times  when  food is dispensed for
consumption on the premises, and at  the  following  aquarium
and  museums  located  in  public  parks:  Art  Institute  of
Chicago,  Chicago  Academy  of  Sciences,  Chicago Historical
Society, Field Museum of Natural History, Museum  of  Science
and  Industry,  DuSable  Museum  of African American History,
John G. Shedd Aquarium and Adler Planetarium, or at  Lakeview
Museum  of Arts and Sciences in Peoria, or in connection with
the operation of the facilities  of  the  Chicago  Zoological
Society or the Chicago Horticultural Society on land owned by
the  Forest  Preserve District of Cook County, or on any land
used for a golf course or for recreational purposes owned  by
the  Forest  Preserve District of Cook County, subject to the
control  of   the   Forest   Preserve   District   Board   of
Commissioners  and  applicable  local law, provided that dram
shop liability insurance  is  provided  at  maximum  coverage
limits so as to hold the District harmless from all financial
loss,  damage,  and  harm, or in any building located on land
owned by the Chicago Park District if approved  by  the  Park
District Commissioners, or on any land used for a golf course
or  for  recreational  purposes  and  owned  by  the Illinois
International Port District if  approved  by  the  District's
governing  board,  or  at  any  airport, golf course, faculty
center, or facility in which conference and  convention  type
activities  take  place  belonging to or under control of any
State  university  or  public  community  college   district,
provided  that  with respect to a facility for conference and
convention type activities alcoholic liquors shall be limited
to the use of the convention or  conference  participants  or
participants in cultural, political or educational activities
held  in  such  facilities,  and  provided  further  that the
faculty  or  staff  of  the  State  university  or  a  public
community college district, or members of an organization  of
students, alumni, faculty or staff of the State university or
a  public  community college district are active participants
in the conference or convention, or in  Memorial  Stadium  on
the  campus of the University of Illinois at Urbana-Champaign
during games in which the Chicago Bears professional football
team is playing in that  stadium  during  the  renovation  of
Soldier  Field, not more than one and a half hours before the
start of the game and not after the end of the third  quarter
of  the game, or by a catering establishment which has rented
facilities from a board of trustees  of  a  public  community
college  district,  or, if approved by the District board, on
land owned by the Metropolitan Sanitary District  of  Greater
Chicago and leased to others for a term of at least 20 years.
Nothing  in  this  Section  precludes the sale or delivery of
alcoholic liquor in the form of original  packaged  goods  in
premises located at 500 S. Racine in Chicago belonging to the
University  of Illinois and used primarily as a grocery store
by a commercial tenant  during  the  term  of  a  lease  that
predates  the  University's  acquisition of the premises; but
the University shall have no power  or  authority  to  renew,
transfer, or extend the lease with terms allowing the sale of
alcoholic  liquor;  and the sale of alcoholic liquor shall be
subject to  all  local  laws  and  regulations.    After  the
acquisition  by  Winnebago  County of the property located at
404 Elm Street in Rockford,  a  commercial  tenant  who  sold
alcoholic liquor at retail on a portion of the property under
a  valid  license at the time of the acquisition may continue
to do so for so long as the tenant and the County  may  agree
under  existing  or  future leases, subject to all local laws
and regulations regarding the sale of alcoholic liquor.  Each
facility  shall  provide  dram  shop  liability  in   maximum
insurance  coverage  limits so as to save harmless the State,
municipality, State university, airport, golf course, faculty
center, facility in  which  conference  and  convention  type
activities   take   place,  park  district,  Forest  Preserve
District,  public  community  college   district,   aquarium,
museum,  or sanitary district from all financial loss, damage
or harm. Alcoholic liquors may be sold at retail in buildings
of golf courses owned by municipalities  in  connection  with
the  operation of an established food serving facility during
times  when  food  is  dispensed  for  consumption  upon  the
premises. Alcoholic liquors may be delivered to and  sold  at
retail  in  any  building owned by a fire protection district
organized under the Fire Protection  District  Act,  provided
that  such  delivery  and  sale  is  approved by the board of
trustees of the district,  and  provided  further  that  such
delivery  and  sale is limited to fundraising events and to a
maximum of 6 events per year.
    Alcoholic liquor may be delivered to and sold  at  retail
in the Dorchester Senior Business Center owned by the Village
of  Dolton  if the alcoholic liquor is sold or dispensed only
in connection with organized functions for which the  planned
attendance  is  20  or  more  persons,  and  if the person or
facility selling  or  dispensing  the  alcoholic  liquor  has
provided  dram  shop liability insurance in maximum limits so
as to hold harmless the Village of Dolton and the State  from
all financial loss, damage and harm.
    Alcoholic  liquors may be delivered to and sold at retail
in any building used as an Illinois State Armory provided:
         (i)  the Adjutant General's written consent  to  the
    issuance  of  a  license to sell alcoholic liquor in such
    building is filed with the Commission;
         (ii)  the alcoholic liquor is sold or dispensed only
    in connection with organized functions  held  on  special
    occasions;
         (iii)  the  organized  function is one for which the
    planned attendance is 25 or more persons; and
         (iv)  the  facility  selling   or   dispensing   the
    alcoholic   liquors  has  provided  dram  shop  liability
    insurance in maximum limits so as to  save  harmless  the
    facility and the State from all financial loss, damage or
    harm.
    Alcoholic  liquors may be delivered to and sold at retail
in the Chicago Civic Center, provided that:
         (i)  the written  consent  of  the  Public  Building
    Commission  which administers the Chicago Civic Center is
    filed with the Commission;
         (ii)  the alcoholic liquor is sold or dispensed only
    in connection with organized functions  held  on  special
    occasions;
         (iii)  the  organized  function is one for which the
    planned attendance is 25 or more persons;
         (iv)  the  facility  selling   or   dispensing   the
    alcoholic   liquors  has  provided  dram  shop  liability
    insurance in maximum limits so as to  hold  harmless  the
    Civic  Center, the City of Chicago and the State from all
    financial loss, damage or harm; and
         (v)  all applicable local  ordinances  are  complied
    with.
    Alcoholic  liquors  may  be  delivered  or  sold  in  any
building  belonging  to  or  under  the  control of any city,
village or incorporated town  where  more  than  75%  of  the
physical properties of the building is used for commercial or
recreational  purposes,  and  the  building is located upon a
pier extending into or over the waters of a navigable lake or
stream or on  the  shore  of  a  navigable  lake  or  stream.
Alcoholic  liquor  may be sold in buildings under the control
of the Department of Natural Resources when  written  consent
to the issuance of a license to sell alcoholic liquor in such
buildings  is  filed with the Commission by the Department of
Natural  Resources.  Alcoholic  liquor  may  be   served   or
delivered  in  buildings  and facilities under the control of
the Department of Natural Resources upon the written approval
of  the  Director  of  Natural  Resources   acting   as   the
controlling  government  authority.   The Director of Natural
Resources may specify conditions on that approval,  including
but  not  limited  to requirements for insurance and hours of
operation. Notwithstanding any other provision of  this  Act,
alcoholic  liquor  sold  by  a  United  States  Army Corps of
Engineers or Department of Natural  Resources  concessionaire
who was operating on June 1, 1991 for on-premises consumption
only  is not subject to the provisions of Articles IV and IX.
Beer and wine may be sold on the premises of the Joliet  Park
District  Stadium  owned  by  the  Joliet  Park District when
written consent to the issuance of a license to sell beer and
wine  in  such  premises  is  filed  with  the  local  liquor
commissioner by the Joliet Park District. Beer and  wine  may
be  sold in buildings on the grounds of State veterans' homes
when written consent to the issuance of  a  license  to  sell
beer  and wine in such buildings is filed with the Commission
by the Department of  Veterans'  Affairs,  and  the  facility
shall  provide  dram  shop  liability  in  maximum  insurance
coverage  limits so as to save the facility harmless from all
financial loss, damage or harm. Such liquors may be delivered
to and sold at any property owned or held under  lease  by  a
Metropolitan  Pier  and  Exposition Authority or Metropolitan
Exposition and Auditorium Authority.
    Beer and wine may be sold and dispensed  at  professional
sporting  events  and  at  professional  concerts  and  other
entertainment  events  conducted  on  premises  owned  by the
Forest Preserve District  of  Kane  County,  subject  to  the
control  of  the  District Commissioners and applicable local
law, provided that dram shop liability insurance is  provided
at  maximum  coverage  limits  so  as  to  hold  the District
harmless from all financial loss, damage and harm.
    Nothing in  this  Section  shall  preclude  the  sale  or
delivery  of  beer  and wine at a State or county fair or the
sale or delivery of beer or  wine  at  a  city  fair  in  any
otherwise lawful manner.
    Alcoholic  liquors  may be sold at retail in buildings in
State parks under the control of the  Department  of  Natural
Resources, provided:
         a.  the  State park has overnight lodging facilities
    with some restaurant facilities or, not having  overnight
    lodging facilities, has restaurant facilities which serve
    complete luncheon and dinner or supper meals,
         b.  consent  to  the  issuance  of a license to sell
    alcoholic liquors in the buildings has  been  filed  with
    the  commission  by  the Department of Natural Resources,
    and
         c.  the alcoholic liquors are sold by the State park
    lodge or restaurant concessionaire only during the  hours
    from   11   o'clock   a.m.  until  12  o'clock  midnight.
    Notwithstanding  any  other  provision   of   this   Act,
    alcoholic  liquor  sold  by  the State park or restaurant
    concessionaire  is  not  subject  to  the  provisions  of
    Articles IV and IX.
    Alcoholic liquors may be sold at retail in  buildings  on
properties  under  the  control  of  the  Historic  Sites and
Preservation Division of the Historic Preservation Agency  or
the Abraham Lincoln Presidential Library and Museum provided:
         a.  the  property  has  overnight lodging facilities
    with some restaurant facilities or, not having  overnight
    lodging facilities, has restaurant facilities which serve
    complete luncheon and dinner or supper meals,
         b.  consent  to  the  issuance  of a license to sell
    alcoholic liquors in the buildings has  been  filed  with
    the  commission  by  the  Historic Sites and Preservation
    Division of  the  Historic  Preservation  Agency  or  the
    Abraham Lincoln Presidential Library and Museum, and
         c.  the  alcoholic  liquors are sold by the lodge or
    restaurant concessionaire only during the hours  from  11
    o'clock a.m. until 12 o'clock midnight.
    The  sale  of  alcoholic liquors pursuant to this Section
does  not  authorize  the  establishment  and  operation   of
facilities  commonly  called taverns, saloons, bars, cocktail
lounges,  and  the  like  except  as  a  part  of  lodge  and
restaurant facilities in State parks or golf courses owned by
Forest Preserve Districts with  a  population  of  less  than
3,000,000 or municipalities or park districts.
    Alcoholic   liquors   may   be  sold  at  retail  in  the
Springfield Administration  Building  of  the  Department  of
Transportation  and the Illinois State Armory in Springfield;
provided,  that  the  controlling  government  authority  may
consent to such sales only if
         a.  the   request   is   from    a    not-for-profit
    organization;
         b.  such sales would not impede normal operations of
    the departments involved;
         c.  the  not-for-profit  organization  provides dram
    shop liability in maximum insurance coverage  limits  and
    agrees  to  defend, save harmless and indemnify the State
    of Illinois from all financial loss, damage or harm;
         d.  no such sale shall be made during normal working
    hours of the State of Illinois; and
         e.  the consent is in writing.
    Alcoholic liquors may be sold at retail in  buildings  in
recreational  areas  of river conservancy districts under the
control of, or leased from, the river conservancy  districts.
Such  sales  are  subject  to reasonable local regulations as
provided in Article IV;  however,  no  such  regulations  may
prohibit  or  substantially  impair  the  sale  of  alcoholic
liquors on Sundays or Holidays.
    Alcoholic  liquors  may  be  provided  in  long term care
facilities owned or operated by a county under Division  5-21
or  5-22  of the Counties Code, when approved by the facility
operator and not in conflict  with  the  regulations  of  the
Illinois  Department  of  Public  Health, to residents of the
facility who have had  their  consumption  of  the  alcoholic
liquors  provided approved in writing by a physician licensed
to practice medicine in all its branches.
    Alcoholic liquors may be delivered to  and  dispensed  in
State  housing  assigned  to  employees  of the Department of
Corrections. No person shall furnish or allow to be furnished
any alcoholic liquors to any prisoner confined in  any  jail,
reformatory,  prison  or  house  of  correction except upon a
physician's prescription for medicinal purposes.
    Alcoholic liquors may be sold at retail or  dispensed  at
the Willard Ice Building in Springfield, at the State Library
in  Springfield,  and  at Illinois State Museum facilities by
(1) an agency of the State, whether legislative, judicial  or
executive,  provided  that  such agency first obtains written
permission to sell or dispense  alcoholic  liquors  from  the
controlling  government authority, or by (2) a not-for-profit
organization, provided that such organization:
         a.  Obtains written  consent  from  the  controlling
    government authority;
         b.  Sells  or  dispenses  the alcoholic liquors in a
    manner that does not impair normal  operations  of  State
    offices located in the building;
         c.  Sells  or  dispenses  alcoholic  liquors only in
    connection with an official activity in the building;
         d.  Provides, or its catering service provides, dram
    shop liability insurance in maximum coverage  limits  and
    in  which the carrier agrees to defend, save harmless and
    indemnify the State of Illinois from all financial  loss,
    damage  or  harm arising out of the selling or dispensing
    of alcoholic liquors.
    Nothing  in  this  Act  shall  prevent  a  not-for-profit
organization or  agency  of  the  State  from  employing  the
services  of  a  catering  establishment  for  the selling or
dispensing of alcoholic liquors at authorized functions.
    The controlling government authority for the Willard  Ice
Building   in  Springfield  shall  be  the  Director  of  the
Department of Revenue.  The controlling government  authority
for Illinois State Museum facilities shall be the Director of
the   Illinois  State  Museum.   The  controlling  government
authority for the State Library in Springfield shall  be  the
Secretary of State.
    Alcoholic  liquors may be delivered to and sold at retail
or dispensed at any facility, property or building under  the
jurisdiction  of the Historic Sites and Preservation Division
of the Historic Preservation Agency or  the  Abraham  Lincoln
Presidential  Library  and Museum where the delivery, sale or
dispensing  is  by  (1)  an  agency  of  the  State,  whether
legislative, judicial or executive, provided that such agency
first  obtains  written  permission  to  sell   or   dispense
alcoholic liquors from a controlling government authority, or
by  (2)  a  not-for-profit  organization  provided  that such
organization:
         a.  Obtains written  consent  from  the  controlling
    government authority;
         b.  Sells  or  dispenses  the alcoholic liquors in a
    manner that does not  impair  normal  workings  of  State
    offices  or  operations located at the facility, property
    or building;
         c.  Sells or dispenses  alcoholic  liquors  only  in
    connection    with    an   official   activity   of   the
    not-for-profit organization in the facility, property  or
    building;
         d.  Provides, or its catering service provides, dram
    shop  liability  insurance in maximum coverage limits and
    in which the carrier agrees to defend, save harmless  and
    indemnify  the State of Illinois from all financial loss,
    damage or harm arising out of the selling  or  dispensing
    of alcoholic liquors.
    The  controlling  government  authority  for the Historic
Sites and Preservation Division of the Historic  Preservation
Agency  shall  be  the  Director  of  the  Historic Sites and
Preservation, and the controlling  government  authority  for
the  Abraham Lincoln Presidential Library and Museum shall be
the Director of the Abraham Lincoln Presidential Library  and
Museum.
    Alcoholic  liquors  may be sold at retail or dispensed at
the James R. Thompson Center in Chicago and 222 South College
Street in Springfield, Illinois by (1) a commercial tenant or
subtenant conducting business on the premises under  a  lease
made pursuant to Section 405-315 of the Department of Central
Management  Services Law (20 ILCS 405/405-315), provided that
such tenant or subtenant who  sells  or  dispenses  alcoholic
liquors  shall  procure  and  maintain  dram  shop  liability
insurance in maximum coverage limits and in which the carrier
agrees  to  defend,  indemnify and save harmless the State of
Illinois from all financial loss, damage or harm arising  out
of  the sale or dispensing of alcoholic liquors, or by (2) an
agency  of  the  State,  whether  legislative,  judicial   or
executive,  provided  that  such agency first obtains written
permission to sell or dispense  alcoholic  liquors  from  the
Director   of  Central  Management  Services,  or  by  (3)  a
not-for-profit organization, provided that such organization:
         a.  Obtains written consent from the  Department  of
    Central Management Services;
         b.  Sells  or  dispenses  the alcoholic liquors in a
    manner that does not impair normal  operations  of  State
    offices located in the building;
         c.  Sells  or  dispenses  alcoholic  liquors only in
    connection with an official activity in the building;
         d.  Provides, or its catering service provides, dram
    shop liability insurance in maximum coverage  limits  and
    in  which the carrier agrees to defend, save harmless and
    indemnify the State of Illinois from all financial  loss,
    damage  or  harm arising out of the selling or dispensing
    of alcoholic liquors.
    Nothing  in  this  Act  shall  prevent  a  not-for-profit
organization or  agency  of  the  State  from  employing  the
services  of  a  catering  establishment  for  the selling or
dispensing of alcoholic liquors at  functions  authorized  by
the Director of Central Management Services.
    Alcoholic  liquors  may  be  sold  or  delivered  at  any
facility  owned  by  the Illinois Sports Facilities Authority
provided that dram shop liability  insurance  has  been  made
available  in  a form, with such coverage and in such amounts
as the Authority reasonably determines is necessary.
    Alcoholic liquors may be sold at retail or  dispensed  at
the  Rockford  State  Office Building by (1) an agency of the
State, whether legislative, judicial or  executive,  provided
that  such agency first obtains written permission to sell or
dispense alcoholic liquors from  the  Department  of  Central
Management Services, or by (2) a not-for-profit organization,
provided that such organization:
         a.  Obtains  written  consent from the Department of
    Central Management Services;
         b.  Sells or dispenses the alcoholic  liquors  in  a
    manner  that  does  not impair normal operations of State
    offices located in the building;
         c.  Sells or dispenses  alcoholic  liquors  only  in
    connection with an official activity in the building;
         d.  Provides, or its catering service provides, dram
    shop  liability  insurance in maximum coverage limits and
    in which the carrier agrees to defend, save harmless  and
    indemnify  the State of Illinois from all financial loss,
    damage or harm arising out of the selling  or  dispensing
    of alcoholic liquors.
    Nothing  in  this  Act  shall  prevent  a  not-for-profit
organization  or  agency  of  the  State  from  employing the
services of a  catering  establishment  for  the  selling  or
dispensing  of  alcoholic  liquors at functions authorized by
the Department of Central Management Services.
    Alcoholic liquors may be sold or delivered in a  building
that is owned by McLean County, situated on land owned by the
county  in  the  City  of Bloomington, and used by the McLean
County Historical Society if the sale or delivery is approved
by  an  ordinance  adopted  by  the  county  board,  and  the
municipality  in  which  the  building  is  located  may  not
prohibit that sale or  delivery,  notwithstanding  any  other
provision  of  this  Section.  The regulation of the sale and
delivery of alcoholic liquor in a building that is  owned  by
McLean County, situated on land owned by the county, and used
by  the  McLean County Historical Society as provided in this
paragraph is an exclusive power and function of the State and
is a denial and limitation  under  Article  VII,  Section  6,
subsection (h) of the Illinois Constitution of the power of a
home rule municipality to regulate that sale and delivery.
    Alcoholic  liquors  may  be  sold  or  delivered  in  any
building  situated  on  land  held  in  trust  for any school
district organized under Article 34 of the  School  Code,  if
the  building is not used for school purposes and if the sale
or delivery is approved by the board of education.
    Alcoholic liquors may be sold or delivered  in  buildings
owned  by  the  Community Building Complex Committee of Boone
County,  Illinois  if  the  person  or  facility  selling  or
dispensing  the  alcoholic  liquor  has  provided  dram  shop
liability insurance with coverage and  in  amounts  that  the
Committee reasonably determines are necessary.
    Alcoholic  liquors  may  be  sold  or  delivered  in  the
building  located  at  1200 Centerville Avenue in Belleville,
Illinois and occupied by either the Belleville  Area  Special
Education  District  or  the Belleville Area Special Services
Cooperative.
(Source:  P.A. 91-239,  eff.  1-1-00;  91-922,  eff.  7-7-00;
92-512,  eff.  1-1-02;  92-583,  eff.  6-26-02;  92-600, eff.
7-1-02; revised 9-3-02.)

    Section 99.   Effective  date.   This  Act  takes  effect
January 1, 2004.