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Public Act 097-1166 |
HB3450 Enrolled | LRB097 08792 ASK 48922 b |
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AN ACT concerning liquor.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Liquor Control Act of 1934 is amended by |
changing Sections 5-1, 6-4, 6-11, and 6-15 as follows: |
(235 ILCS 5/5-1) (from Ch. 43, par. 115) |
Sec. 5-1. Licenses issued by the Illinois Liquor Control |
Commission
shall be of the following classes: |
(a) Manufacturer's license - Class 1.
Distiller, Class 2. |
Rectifier, Class 3. Brewer, Class 4. First Class Wine
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Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. |
First Class Winemaker, Class 7. Second Class Winemaker, Class |
8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class |
10. Craft Brewer, |
(b) Distributor's license, |
(c) Importing Distributor's license, |
(d) Retailer's license, |
(e) Special Event Retailer's license (not-for-profit), |
(f) Railroad license, |
(g) Boat license, |
(h) Non-Beverage User's license, |
(i) Wine-maker's premises license, |
(j) Airplane license, |
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(k) Foreign importer's license, |
(l) Broker's license, |
(m) Non-resident dealer's
license, |
(n) Brew Pub license, |
(o) Auction liquor license, |
(p) Caterer retailer license, |
(q) Special use permit license, |
(r) Winery shipper's license.
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No
person, firm, partnership, corporation, or other legal |
business entity that is
engaged in the manufacturing of wine |
may concurrently obtain and hold a
wine-maker's license and a |
wine manufacturer's license. |
(a) A manufacturer's license shall allow the manufacture,
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importation in bulk, storage, distribution and sale of |
alcoholic liquor
to persons without the State, as may be |
permitted by law and to licensees
in this State as follows: |
Class 1. A Distiller may make sales and deliveries of |
alcoholic liquor to
distillers, rectifiers, importing |
distributors, distributors and
non-beverage users and to no |
other licensees. |
Class 2. A Rectifier, who is not a distiller, as defined |
herein, may make
sales and deliveries of alcoholic liquor to |
rectifiers, importing distributors,
distributors, retailers |
and non-beverage users and to no other licensees. |
Class 3. A Brewer may make sales and deliveries of beer to |
importing
distributors and distributors and may make sales as |
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authorized under subsection (e) of Section 6-4 of this Act. |
Class 4. A first class wine-manufacturer may make sales and |
deliveries of
up to 50,000 gallons of wine to manufacturers,
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importing
distributors and distributors, and to no other |
licensees. |
Class 5. A second class Wine manufacturer may make sales |
and deliveries
of more than 50,000 gallons of wine to |
manufacturers, importing distributors
and distributors and to |
no other licensees. |
Class 6. A first-class wine-maker's license shall allow the |
manufacture
of up to 50,000 gallons of wine per year, and the
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storage
and sale of such
wine to distributors in the State and |
to persons without the
State, as may be permitted by law. A |
person who, prior to the effective date of this amendatory Act |
of the 95th General Assembly, is a holder of a first-class |
wine-maker's license and annually produces more than 25,000 |
gallons of its own wine and who distributes its wine to |
licensed retailers shall cease this practice on or before July |
1, 2008 in compliance with this amendatory Act of the 95th |
General Assembly. |
Class 7. A second-class wine-maker's license shall allow |
the manufacture
of between 50,000 and 150,000 gallons of wine |
per year, and
the
storage and sale of such wine
to distributors |
in this State and to persons without the State, as may be
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permitted by law. A person who, prior to the effective date of |
this amendatory Act of the 95th General Assembly, is a holder |
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of a second-class wine-maker's license and annually produces |
more than 25,000 gallons of its own wine and who distributes |
its wine to licensed retailers shall cease this practice on or |
before July 1, 2008 in compliance with this amendatory Act of |
the 95th General Assembly. |
Class 8. A limited wine-manufacturer may make sales and |
deliveries not to
exceed 40,000 gallons of wine per year to |
distributors, and to
non-licensees in accordance with the |
provisions of this Act. |
Class 9. A craft distiller license shall allow the |
manufacture of up to 30,000 gallons of spirits by distillation |
for one year after the effective date of this amendatory Act of |
the 97th General Assembly and up to 35,000 up to 15,000 gallons |
of spirits by distillation per year thereafter and the storage |
of such spirits. If a craft distiller licensee is not |
affiliated with any other manufacturer, then the craft |
distiller licensee may sell such spirits to distributors in |
this State and up to 2,500 gallons of such spirits to and |
non-licensees to the extent permitted by any exemption approved |
by the Commission pursuant to Section 6-4 of this Act. |
Any craft distiller licensed under this Act who on the |
effective date of this amendatory Act of the 96th General |
Assembly was licensed as a distiller and manufactured no more |
spirits than permitted by this Section shall not be required to |
pay the initial licensing fee. |
Class 10. A craft brewer's license, which may only be |
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issued to a licensed brewer or licensed non-resident dealer, |
shall allow the manufacture of up to 465,000 gallons of beer |
per year. A craft brewer licensee may make sales and deliveries |
to importing distributors and distributors and to retail |
licensees in accordance with the conditions set forth in |
paragraph (18) of subsection (a) of Section 3-12 of this Act. |
(a-1) A manufacturer which is licensed in this State to |
make sales or
deliveries of alcoholic liquor and which enlists |
agents, representatives, or
individuals acting on its behalf |
who contact licensed retailers on a regular
and continual basis |
in this State must register those agents, representatives,
or |
persons acting on its behalf with the State Commission. |
Registration of agents, representatives, or persons acting |
on behalf of a
manufacturer is fulfilled by submitting a form |
to the Commission. The form
shall be developed by the |
Commission and shall include the name and address of
the |
applicant, the name and address of the manufacturer he or she |
represents,
the territory or areas assigned to sell to or |
discuss pricing terms of
alcoholic liquor, and any other |
questions deemed appropriate and necessary.
All statements in |
the forms required to be made by law or by rule shall be
deemed |
material, and any person who knowingly misstates any material |
fact under
oath in an application is guilty of a Class B |
misdemeanor. Fraud,
misrepresentation, false statements, |
misleading statements, evasions, or
suppression of material |
facts in the securing of a registration are grounds for
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suspension or revocation of the registration. |
(b) A distributor's license shall allow the wholesale |
purchase and storage
of alcoholic liquors and sale of alcoholic |
liquors to licensees
in this State and to persons without the |
State, as may be permitted by law. |
(c) An importing distributor's license may be issued to and |
held by
those only who are duly licensed distributors, upon the |
filing of an
application by a duly licensed distributor, with |
the Commission and
the Commission shall, without the
payment of |
any fee, immediately issue such importing distributor's
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license to the applicant, which shall allow the importation of |
alcoholic
liquor by the licensee into this State from any point |
in the United
States outside this State, and the purchase of |
alcoholic liquor in
barrels, casks or other bulk containers and |
the bottling of such
alcoholic liquors before resale thereof, |
but all bottles or containers
so filled shall be sealed, |
labeled, stamped and otherwise made to comply
with all |
provisions, rules and regulations governing manufacturers in
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the preparation and bottling of alcoholic liquors. The |
importing
distributor's license shall permit such licensee to |
purchase alcoholic
liquor from Illinois licensed non-resident |
dealers and foreign importers only. |
(d) A retailer's license shall allow the licensee to sell |
and offer
for sale at retail, only in the premises specified in |
the license,
alcoholic liquor for use or consumption, but not |
for resale in any form. Nothing in this amendatory Act of the |
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95th General Assembly shall deny, limit, remove, or restrict |
the ability of a holder of a retailer's license to transfer, |
deliver, or ship alcoholic liquor to the purchaser for use or |
consumption subject to any applicable local law or ordinance. |
Any retail license issued to a manufacturer shall only
permit |
the manufacturer to sell beer at retail on the premises |
actually
occupied by the manufacturer. For the purpose of |
further describing the type of business conducted at a retail |
licensed premises, a retailer's licensee may be designated by |
the State Commission as (i) an on premise consumption retailer, |
(ii) an off premise sale retailer, or (iii) a combined on |
premise consumption and off premise sale retailer.
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Notwithstanding any other provision of this subsection |
(d), a retail
licensee may sell alcoholic liquors to a special |
event retailer licensee for
resale to the extent permitted |
under subsection (e). |
(e) A special event retailer's license (not-for-profit) |
shall permit the
licensee to purchase alcoholic liquors from an |
Illinois licensed distributor
(unless the licensee purchases |
less than $500 of alcoholic liquors for the
special event, in |
which case the licensee may purchase the alcoholic liquors
from |
a licensed retailer) and shall allow the licensee to sell and |
offer for
sale, at retail, alcoholic liquors for use or |
consumption, but not for resale
in any form and only at the |
location and on the specific dates designated for
the special |
event in the license. An applicant for a special event retailer
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license must
(i) furnish with the application: (A) a resale |
number issued under Section
2c of the Retailers' Occupation Tax |
Act or evidence that the applicant is
registered under Section |
2a of the Retailers' Occupation Tax Act, (B) a
current, valid |
exemption identification
number issued under Section 1g of the |
Retailers' Occupation Tax Act, and a
certification to the |
Commission that the purchase of alcoholic liquors will be
a |
tax-exempt purchase, or (C) a statement that the applicant is |
not registered
under Section 2a of the Retailers' Occupation |
Tax Act, does not hold a resale
number under Section 2c of the |
Retailers' Occupation Tax Act, and does not
hold an exemption |
number under Section 1g of the Retailers' Occupation Tax
Act, |
in which event the Commission shall set forth on the special |
event
retailer's license a statement to that effect; (ii) |
submit with the application proof satisfactory to
the State |
Commission that the applicant will provide dram shop liability
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insurance in the maximum limits; and (iii) show proof |
satisfactory to the
State Commission that the applicant has |
obtained local authority
approval. |
(f) A railroad license shall permit the licensee to import |
alcoholic
liquors into this State from any point in the United |
States outside this
State and to store such alcoholic liquors |
in this State; to make wholesale
purchases of alcoholic liquors |
directly from manufacturers, foreign
importers, distributors |
and importing distributors from within or outside
this State; |
and to store such alcoholic liquors in this State; provided
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that the above powers may be exercised only in connection with |
the
importation, purchase or storage of alcoholic liquors to be |
sold or
dispensed on a club, buffet, lounge or dining car |
operated on an electric,
gas or steam railway in this State; |
and provided further, that railroad
licensees exercising the |
above powers shall be subject to all provisions of
Article VIII |
of this Act as applied to importing distributors. A railroad
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license shall also permit the licensee to sell or dispense |
alcoholic
liquors on any club, buffet, lounge or dining car |
operated on an electric,
gas or steam railway regularly |
operated by a common carrier in this State,
but shall not |
permit the sale for resale of any alcoholic liquors to any
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licensee within this State. A license shall be obtained for |
each car in which
such sales are made. |
(g) A boat license shall allow the sale of alcoholic liquor |
in
individual drinks, on any passenger boat regularly operated |
as a common
carrier on navigable waters in this State or on any |
riverboat operated
under
the Riverboat Gambling Act, which boat |
or riverboat maintains a public
dining room or restaurant |
thereon. |
(h) A non-beverage user's license shall allow the licensee |
to
purchase alcoholic liquor from a licensed manufacturer or |
importing
distributor, without the imposition of any tax upon |
the business of such
licensed manufacturer or importing |
distributor as to such alcoholic
liquor to be used by such |
licensee solely for the non-beverage purposes
set forth in |
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subsection (a) of Section 8-1 of this Act, and
such licenses |
shall be divided and classified and shall permit the
purchase, |
possession and use of limited and stated quantities of
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alcoholic liquor as follows: |
Class 1, not to exceed ......................... 500 gallons
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Class 2, not to exceed ....................... 1,000 gallons
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Class 3, not to exceed ....................... 5,000 gallons
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Class 4, not to exceed ...................... 10,000 gallons
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Class 5, not to exceed ....................... 50,000 gallons |
(i) A wine-maker's premises license shall allow a
licensee |
that concurrently holds a first-class wine-maker's license to |
sell
and offer for sale at retail in the premises specified in |
such license
not more than 50,000 gallons of the first-class |
wine-maker's wine that is
made at the first-class wine-maker's |
licensed premises per year for use or
consumption, but not for |
resale in any form. A wine-maker's premises
license shall allow |
a licensee who concurrently holds a second-class
wine-maker's |
license to sell and offer for sale at retail in the premises
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specified in such license up to 100,000 gallons of the
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second-class wine-maker's wine that is made at the second-class |
wine-maker's
licensed premises per year
for use or consumption |
but not for resale in any form. A wine-maker's premises license |
shall allow a
licensee that concurrently holds a first-class |
wine-maker's license or a second-class
wine-maker's license to |
sell
and offer for sale at retail at the premises specified in |
the wine-maker's premises license, for use or consumption but |
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not for resale in any form, any beer, wine, and spirits |
purchased from a licensed distributor. Upon approval from the
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State Commission, a wine-maker's premises license
shall allow |
the licensee to sell and offer for sale at (i) the wine-maker's
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licensed premises and (ii) at up to 2 additional locations for |
use and
consumption and not for resale. Each location shall |
require additional
licensing per location as specified in |
Section 5-3 of this Act. A wine-maker's premises licensee shall
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secure liquor liability insurance coverage in an amount at
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least equal to the maximum liability amounts set forth in
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subsection (a) of Section 6-21 of this Act.
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(j) An airplane license shall permit the licensee to import
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alcoholic liquors into this State from any point in the United |
States
outside this State and to store such alcoholic liquors |
in this State; to
make wholesale purchases of alcoholic liquors |
directly from
manufacturers, foreign importers, distributors |
and importing
distributors from within or outside this State; |
and to store such
alcoholic liquors in this State; provided |
that the above powers may be
exercised only in connection with |
the importation, purchase or storage
of alcoholic liquors to be |
sold or dispensed on an airplane; and
provided further, that |
airplane licensees exercising the above powers
shall be subject |
to all provisions of Article VIII of this Act as
applied to |
importing distributors. An airplane licensee shall also
permit |
the sale or dispensing of alcoholic liquors on any passenger
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airplane regularly operated by a common carrier in this State, |
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but shall
not permit the sale for resale of any alcoholic |
liquors to any licensee
within this State. A single airplane |
license shall be required of an
airline company if liquor |
service is provided on board aircraft in this
State. The annual |
fee for such license shall be as determined in
Section 5-3. |
(k) A foreign importer's license shall permit such licensee |
to purchase
alcoholic liquor from Illinois licensed |
non-resident dealers only, and to
import alcoholic liquor other |
than in bulk from any point outside the
United States and to |
sell such alcoholic liquor to Illinois licensed
importing |
distributors and to no one else in Illinois;
provided that (i) |
the foreign importer registers with the State Commission
every
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brand of
alcoholic liquor that it proposes to sell to Illinois |
licensees during the
license period, (ii) the foreign importer |
complies with all of the provisions
of Section
6-9 of this Act |
with respect to registration of such Illinois licensees as may
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be granted the
right to sell such brands at wholesale, and |
(iii) the foreign importer complies with the provisions of |
Sections 6-5 and 6-6 of this Act to the same extent that these |
provisions apply to manufacturers. |
(l) (i) A broker's license shall be required of all persons
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who solicit
orders for, offer to sell or offer to supply |
alcoholic liquor to
retailers in the State of Illinois, or who |
offer to retailers to ship or
cause to be shipped or to make |
contact with distillers, rectifiers,
brewers or manufacturers |
or any other party within or without the State
of Illinois in |
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order that alcoholic liquors be shipped to a distributor,
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importing distributor or foreign importer, whether such |
solicitation or
offer is consummated within or without the |
State of Illinois. |
No holder of a retailer's license issued by the Illinois |
Liquor
Control Commission shall purchase or receive any |
alcoholic liquor, the
order for which was solicited or offered |
for sale to such retailer by a
broker unless the broker is the |
holder of a valid broker's license. |
The broker shall, upon the acceptance by a retailer of the |
broker's
solicitation of an order or offer to sell or supply or |
deliver or have
delivered alcoholic liquors, promptly forward |
to the Illinois Liquor
Control Commission a notification of |
said transaction in such form as
the Commission may by |
regulations prescribe. |
(ii) A broker's license shall be required of
a person |
within this State, other than a retail licensee,
who, for a fee |
or commission, promotes, solicits, or accepts orders for
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alcoholic liquor, for use or consumption and not for
resale, to |
be shipped from this State and delivered to residents outside |
of
this State by an express company, common carrier, or |
contract carrier.
This Section does not apply to any person who |
promotes, solicits, or accepts
orders for wine as specifically |
authorized in Section 6-29 of this Act. |
A broker's license under this subsection (l)
shall not |
entitle the holder to
buy or sell any
alcoholic liquors for his |
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own account or to take or deliver title to
such alcoholic |
liquors. |
This subsection (l)
shall not apply to distributors, |
employees of
distributors, or employees of a manufacturer who |
has registered the
trademark, brand or name of the alcoholic |
liquor pursuant to Section 6-9
of this Act, and who regularly |
sells such alcoholic liquor
in the State of Illinois only to |
its registrants thereunder. |
Any agent, representative, or person subject to |
registration pursuant to
subsection (a-1) of this Section shall |
not be eligible to receive a broker's
license. |
(m) A non-resident dealer's license shall permit such |
licensee to ship
into and warehouse alcoholic liquor into this |
State from any point
outside of this State, and to sell such |
alcoholic liquor to Illinois licensed
foreign importers and |
importing distributors and to no one else in this State;
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provided that (i) said non-resident dealer shall register with |
the Illinois Liquor
Control Commission each and every brand of |
alcoholic liquor which it proposes
to sell to Illinois |
licensees during the license period, (ii) it shall comply with |
all of the provisions of Section 6-9 hereof with
respect to |
registration of such Illinois licensees as may be granted the |
right
to sell such brands at wholesale, and (iii) the |
non-resident dealer shall comply with the provisions of |
Sections 6-5 and 6-6 of this Act to the same extent that these |
provisions apply to manufacturers. |
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(n) A brew pub license shall allow the licensee (i) to |
manufacture beer only
on the premises specified in the license, |
(ii) to make sales of the
beer manufactured on the premises or, |
with the approval of the Commission, beer manufactured on |
another brew pub licensed premises that is substantially owned |
and operated by the same licensee to importing distributors, |
distributors,
and to non-licensees for use and consumption, |
(iii) to store the beer upon
the premises, and (iv) to sell and |
offer for sale at retail from the licensed
premises, provided |
that a brew pub licensee shall not sell for off-premises
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consumption more than 50,000 gallons per year. A person who |
holds a brew pub license may simultaneously hold a craft brewer |
license if he or she otherwise qualifies for the craft brewer |
license and the craft brewer license is for a location separate |
from the brew pub's licensed premises. A brew pub license shall |
permit a person who has received prior approval from the |
Commission to annually transfer no more than a total of 50,000 |
gallons of beer manufactured on premises to all other licensed |
brew pubs that are substantially owned and operated by the same |
person. |
(o) A caterer retailer license shall allow the holder
to |
serve alcoholic liquors as an incidental part of a food service |
that serves
prepared meals which excludes the serving of snacks |
as
the primary meal, either on or off-site whether licensed or |
unlicensed. |
(p) An auction liquor license shall allow the licensee to |
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sell and offer
for sale at auction wine and spirits for use or |
consumption, or for resale by
an Illinois liquor licensee in |
accordance with provisions of this Act. An
auction liquor |
license will be issued to a person and it will permit the
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auction liquor licensee to hold the auction anywhere in the |
State. An auction
liquor license must be obtained for each |
auction at least 14 days in advance of
the auction date. |
(q) A special use permit license shall allow an Illinois |
licensed
retailer to transfer a portion of its alcoholic liquor |
inventory from its
retail licensed premises to the premises |
specified in the license hereby
created, and to sell or offer |
for sale at retail, only in the premises
specified in the |
license hereby created, the transferred alcoholic liquor for
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use or consumption, but not for resale in any form. A special |
use permit
license may be granted for the following time |
periods: one day or less; 2 or
more days to a maximum of 15 days |
per location in any 12 month period. An
applicant for the |
special use permit license must also submit with the
|
application proof satisfactory to the State Commission that the |
applicant will
provide dram shop liability insurance to the |
maximum limits and have local
authority approval. |
(r) A winery shipper's license shall allow a person
with a |
first-class or second-class wine manufacturer's
license, a |
first-class or second-class wine-maker's license,
or a limited |
wine manufacturer's license or who is licensed to
make wine |
under the laws of another state to ship wine
made by that |
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licensee directly to a resident of this
State who is 21 years |
of age or older for that resident's
personal use and not for |
resale. Prior to receiving a
winery shipper's license, an |
applicant for the license must
provide the Commission with a |
true copy of its current
license in any state in which it is |
licensed as a manufacturer
of wine. An applicant for a winery |
shipper's license must
also complete an application form that |
provides any other
information the Commission deems necessary. |
The
application form shall include an acknowledgement |
consenting
to the jurisdiction of the Commission, the Illinois
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Department of Revenue, and the courts of this State concerning
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the enforcement of this Act and any related laws, rules, and
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regulations, including authorizing the Department of Revenue
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and the Commission to conduct audits for the purpose of
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ensuring compliance with this amendatory Act. |
A winery shipper licensee must pay to the Department
of |
Revenue the State liquor gallonage tax under Section 8-1 for
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all wine that is sold by the licensee and shipped to a person
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in this State. For the purposes of Section 8-1, a winery
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shipper licensee shall be taxed in the same manner as a
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manufacturer of wine. A licensee who is not otherwise required |
to register under the Retailers' Occupation Tax Act must
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register under the Use Tax Act to collect and remit use tax to
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the Department of Revenue for all gallons of wine that are sold
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by the licensee and shipped to persons in this State. If a
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licensee fails to remit the tax imposed under this Act in
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accordance with the provisions of Article VIII of this Act, the
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winery shipper's license shall be revoked in accordance
with |
the provisions of Article VII of this Act. If a licensee
fails |
to properly register and remit tax under the Use Tax Act
or the |
Retailers' Occupation Tax Act for all wine that is sold
by the |
winery shipper and shipped to persons in this
State, the winery |
shipper's license shall be revoked in
accordance with the |
provisions of Article VII of this Act. |
A winery shipper licensee must collect, maintain, and
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submit to the Commission on a semi-annual basis the
total |
number of cases per resident of wine shipped to residents
of |
this State.
A winery shipper licensed under this subsection (r)
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must comply with the requirements of Section 6-29 of this |
amendatory Act.
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(Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11; 97-455, |
eff. 8-19-11; 97-813, eff. 7-13-12.)
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(235 ILCS 5/6-4) (from Ch. 43, par. 121)
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Sec. 6-4. (a) No person licensed by any licensing authority |
as a
distiller, or a wine manufacturer, or any subsidiary or |
affiliate
thereof, or any officer, associate, member, partner, |
representative,
employee, agent or shareholder owning more |
than 5% of the outstanding
shares of such person shall be |
issued an importing distributor's or
distributor's license, |
nor shall any person licensed by any licensing
authority as an |
importing distributor, distributor or retailer, or any
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subsidiary or affiliate thereof, or any officer or associate, |
member,
partner, representative, employee, agent or |
shareholder owning more than
5% of the outstanding shares of |
such person be issued a distiller's
license or a wine |
manufacturer's license; and no person or persons
licensed as a |
distiller by any licensing authority shall have any
interest, |
directly or indirectly, with such distributor or importing
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distributor.
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However, an importing distributor or distributor, which on |
January
1, 1985 is owned by a brewer, or any subsidiary or |
affiliate thereof or any
officer, associate, member, partner, |
representative, employee, agent or
shareholder owning more |
than 5% of the outstanding shares of the importing
distributor |
or distributor referred to in this paragraph, may own or
|
acquire an ownership interest of more than 5% of the |
outstanding shares of
a wine manufacturer and be issued a wine
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manufacturer's license by any licensing authority.
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(b) The foregoing provisions shall not apply to any person |
licensed
by any licensing authority as a distiller or wine |
manufacturer, or to
any subsidiary or affiliate of any |
distiller or wine manufacturer who
shall have been heretofore |
licensed by the State Commission as either an
importing |
distributor or distributor during the annual licensing period
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expiring June 30, 1947, and shall actually have made sales |
regularly to
retailers.
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(c) Provided, however, that in such instances where a |
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distributor's
or importing distributor's license has been |
issued to any distiller or
wine manufacturer or to any |
subsidiary or affiliate of any distiller or
wine manufacturer |
who has, during the licensing period ending June 30,
1947, sold |
or distributed as such licensed distributor or importing
|
distributor alcoholic liquors and wines to retailers, such |
distiller or
wine manufacturer or any subsidiary or affiliate |
of any distiller or
wine manufacturer holding such |
distributor's or importing distributor's
license may continue |
to sell or distribute to retailers such alcoholic
liquors and |
wines which are manufactured, distilled, processed or
marketed |
by distillers and wine manufacturers whose products it sold or
|
distributed to retailers during the whole or any part of its |
licensing
periods; and such additional brands and additional |
products may be added
to the line of such distributor or |
importing distributor, provided, that
such brands and such |
products were not sold or distributed by any
distributor or |
importing distributor licensed by the State Commission
during |
the licensing period ending June 30, 1947, but can not sell or
|
distribute to retailers any other alcoholic liquors or wines.
|
(d) It shall be unlawful for any distiller licensed |
anywhere to have
any stock ownership or interest in any |
distributor's or importing
distributor's license wherein any |
other person has an interest therein
who is not a distiller and |
does not own more than 5% of any stock in any
distillery. |
Nothing herein contained shall apply to such distillers or
|
|
their subsidiaries or affiliates, who had a distributor's or |
importing
distributor's license during the licensing period |
ending June 30, 1947,
which license was owned in whole by such |
distiller, or subsidiaries or
affiliates of such distiller.
|
(e) Any person having been licensed as a manufacturer shall |
be
permitted to receive one retailer's license for the premises |
in which he
or she actually conducts such business, permitting |
only the retail sale of beer manufactured at such premises and |
only on
such premises, but no such person shall be entitled to |
more than one
retailer's license in any event, and, other than |
a manufacturer of beer
as stated above, no manufacturer or |
distributor or importing
distributor, excluding airplane |
licensees exercising powers provided in
paragraph (i) of |
Section 5-1 of this Act, or any subsidiary or affiliate
|
thereof, or any officer,
associate, member, partner, |
representative, employee or agent, or
shareholder shall be |
issued a retailer's license, nor shall any person
having a |
retailer's license, excluding airplane licensees exercising |
powers
provided in paragraph (i) of Section 5-1 of this
Act, or |
any subsidiary or affiliate thereof, or
any officer, associate, |
member, partner, representative or agent, or
shareholder be |
issued a manufacturer's license or importing distributor's
|
license.
|
A person licensed as a craft distiller not affiliated with |
any other person manufacturing spirits may be authorized by the |
Commission to sell up to 2,500 gallons of spirits produced by |
|
the person to non-licensees for on or off-premises consumption |
permitted to receive one retailer's license for the premises in |
which he or she actually conducts business permitting only the |
retail sale of spirits manufactured at such premises. Such |
sales shall be limited to on-premises, in-person sales only, |
for lawful consumption on or off premises , and such |
authorization shall be considered a privilege granted by the |
craft distiller license . A craft distiller licensed for retail |
sale shall secure liquor liability insurance coverage in an |
amount at least equal to the maximum liability amounts set |
forth in subsection (a) of Section 6-21 of this Act. |
(f) However, the foregoing prohibitions against any person |
licensed as
a distiller or wine manufacturer being issued a |
retailer's license shall not apply:
|
(i) to any hotel, motel or restaurant whose principal |
business is not
the sale of alcoholic liquors if said |
retailer's sales of any alcoholic
liquors manufactured, |
sold, distributed or controlled, directly or
indirectly, |
by any affiliate, subsidiary, officer, associate, member,
|
partner, representative, employee, agent or shareholder |
owning more than 5%
of the outstanding shares of such |
person does not exceed
10% of the total alcoholic liquor |
sales of said retail licensee; and
|
(ii) where the Commission determines, having |
considered the public
welfare, the economic impact upon the |
State and the entirety of the facts
and circumstances |
|
involved, that the purpose and intent of this Section
would |
not be violated by granting an exemption.
|
(g) Notwithstanding any of the foregoing prohibitions, a |
limited wine
manufacturer may sell at retail at its |
manufacturing site for on or off
premises consumption and may |
sell to distributors. A limited wine manufacturer licensee
|
shall secure liquor liability insurance coverage in an amount
|
at least equal to the maximum liability amounts set forth in
|
subsection (a) of Section 6-21 of this Act.
|
(Source: P.A. 96-1367, eff. 7-28-10; 97-606, eff. 8-26-11.)
|
(235 ILCS 5/6-11)
|
Sec. 6-11. Sale near churches, schools, and hospitals.
|
(a) No license shall be issued for the sale at retail of |
any
alcoholic liquor within 100 feet of any church, school |
other than an
institution of higher learning, hospital, home |
for aged or indigent
persons or for veterans, their spouses or |
children or any military or
naval station, provided, that this |
prohibition shall not apply to hotels
offering restaurant |
service, regularly organized clubs, or to
restaurants, food |
shops or other places where sale of alcoholic liquors
is not |
the principal business carried on if the place of business so
|
exempted is not located in a municipality of more than 500,000 |
persons,
unless required by local ordinance; nor to the renewal |
of a license for the
sale at retail of alcoholic liquor on |
premises within 100 feet of any church
or school where the |
|
church or school has been established within such
100 feet |
since the issuance of the original license. In the case of a
|
church, the distance of 100 feet shall be measured to the |
nearest part
of any building used for worship services or |
educational programs and
not to property boundaries.
|
(b) Nothing in this Section shall prohibit the issuance of |
a retail
license
authorizing the sale of alcoholic liquor to a |
restaurant, the primary business
of which is the sale of goods |
baked on the premises if (i) the restaurant is
newly |
constructed and located on a lot of not less than 10,000 square |
feet,
(ii) the restaurant costs at least $1,000,000 to |
construct, (iii) the licensee
is the titleholder to the |
premises and resides on the premises, and (iv) the
construction |
of the restaurant is completed within 18 months of the |
effective
date of this amendatory Act of 1998.
|
(c) Nothing in this Section shall prohibit the issuance of |
a retail
license
authorizing the sale of alcoholic liquor |
incidental to a restaurant if (1) the
primary
business of the |
restaurant consists of the sale of food where the sale of
|
liquor is incidental to the sale of food and the applicant is a |
completely new
owner of the restaurant, (2) the immediately
|
prior owner or operator of the premises where the restaurant is |
located
operated the premises as a restaurant and held a valid |
retail license
authorizing the
sale of alcoholic liquor at the |
restaurant for at least part of the 24 months
before the
change |
of ownership, and (3) the restaurant is located 75 or more feet |
|
from a
school.
|
(d) In the interest of further developing Illinois' economy |
in the area
of
commerce, tourism, convention, and banquet |
business, nothing in this
Section shall
prohibit issuance of a |
retail license authorizing the sale of alcoholic
beverages to a |
restaurant, banquet facility, grocery store, or hotel having
|
not fewer than
150 guest room accommodations located in a |
municipality of more than 500,000
persons, notwithstanding the |
proximity of such hotel, restaurant,
banquet facility, or |
grocery store to any church or school, if the licensed
premises
|
described on the license are located within an enclosed mall or |
building of a
height of at least 6 stories, or 60 feet in the |
case of a building that has
been registered as a national |
landmark, or in a grocery store having a
minimum of 56,010 |
square feet of floor space in a single story building in an
|
open mall of at least 3.96 acres that is adjacent to a public |
school that
opened as a boys technical high school in 1934, or |
in a grocery store having a minimum of 31,000 square feet of |
floor space in a single story building located a distance of |
more than 90 feet but less than 100 feet from a high school |
that opened in 1928 as a junior high school and became a senior |
high school in 1933, and in each of these
cases if the sale of
|
alcoholic liquors is not the principal business carried on by |
the licensee.
|
For purposes of this Section, a "banquet facility" is any |
part of a
building that caters to private parties and where the |
|
sale of alcoholic liquors
is not the principal business.
|
(e) Nothing in this Section shall prohibit the issuance of |
a license to
a
church or private school to sell at retail |
alcoholic liquor if any such
sales are limited to periods when |
groups are assembled on the premises
solely for the promotion |
of some common object other than the sale or
consumption of |
alcoholic liquors.
|
(f) Nothing in this Section shall prohibit a church or |
church affiliated
school
located in a home rule municipality or |
in a municipality with 75,000 or more
inhabitants from locating
|
within 100 feet of a property for which there is a preexisting |
license to sell
alcoholic liquor at retail. In these instances, |
the local zoning authority
may, by ordinance adopted |
simultaneously with the granting of an initial
special use |
zoning permit for the church or church affiliated school, |
provide
that the 100-foot restriction in this Section shall not |
apply to that church or
church affiliated school and future |
retail liquor licenses.
|
(g) Nothing in this Section shall prohibit the issuance of |
a retail
license authorizing the sale of alcoholic liquor at |
premises within 100 feet,
but not less than 90 feet, of a |
public school if (1) the premises have been
continuously |
licensed to sell alcoholic liquor
for a period of at least 50 |
years,
(2) the premises are located in a municipality having a |
population of over
500,000 inhabitants, (3) the licensee is an |
individual who is a member of a
family that has held the |
|
previous 3 licenses for that location for more than 25
years, |
(4) the
principal of the school and the alderman of the ward in |
which the school is
located have delivered a written statement |
to the local liquor control
commissioner stating that they do |
not object to the issuance of a license
under this subsection |
(g), and (5) the local liquor control commissioner has
received |
the written consent of a majority of the registered voters who |
live
within 200 feet of the premises.
|
(h) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor within premises and at an outdoor patio area attached to |
premises that are located in a municipality with a population |
in excess of 300,000 inhabitants and that are within 100 feet |
of a church if:
|
(1) the sale of alcoholic liquor at the premises is |
incidental to the sale of food,
|
(2) the sale of liquor is not the principal business |
carried on by the licensee at the premises, |
(3) the premises are less than 1,000 square feet, |
(4) the premises are owned by the University of |
Illinois, |
(5) the premises are immediately adjacent to property |
owned by a church and are not less than 20 nor more than 40 |
feet from the church space used for worship services, and |
(6) the principal religious leader at the place of |
|
worship has indicated his or her support for the issuance |
of the license in writing.
|
(i) Notwithstanding any provision in this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license to sell alcoholic liquor at a premises |
that is located within a municipality with a population in |
excess of 300,000 inhabitants and is within 100 feet of a |
church, synagogue, or other place of worship if: |
(1) the primary entrance of the premises and the |
primary entrance of the church, synagogue, or other place |
of worship are at least 100 feet apart, on parallel |
streets, and separated by an alley; and |
(2) the principal religious leader at the place of |
worship has not indicated his or her opposition to the |
issuance or renewal of the license in writing. |
(j) Notwithstanding any provision in this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
of a retail
license authorizing the sale of alcoholic liquor at |
a theater that is within 100 feet of a church if (1) the church |
owns the theater, (2) the church leases the theater to one or |
more entities, and
(3) the theater is used by at least 5 |
different not-for-profit theater groups. |
(k) Notwithstanding any provision in this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor at a premises that is located within a municipality with |
|
a population in excess of 1,000,000 inhabitants and is within |
100 feet of a school if:
|
(1) the primary entrance of the premises and the |
primary entrance of the school are parallel, on different |
streets, and separated by an alley; |
(2) the southeast corner of the premises are at least |
350 feet from the southwest corner of the school; |
(3) the school was built in 1978; |
(4) the sale of alcoholic liquor at the premises is |
incidental to the sale of food; |
(5) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; |
(6) the applicant is the owner of the restaurant and |
has held a valid license authorizing the sale of alcoholic |
liquor for the business to be conducted on the premises at |
a different location for more than 7 years; and |
(7) the premises is at least 2,300 square feet and sits |
on a lot that is between 6,100 and 6,150 square feet. |
(l) Notwithstanding any provision in this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor at a premises that is located within a municipality with |
a population in excess of 1,000,000 inhabitants and is within |
100 feet of a church or school if: |
(1) the primary entrance of the premises and the |
closest entrance of the church or school is at least 90 |
|
feet apart and no greater than 95 feet apart; |
(2) the shortest distance between the premises and the |
church or school is at least 80 feet apart and no greater |
than 85 feet apart; |
(3) the applicant is the owner of the restaurant and on |
November 15, 2006 held a valid license authorizing the sale |
of alcoholic liquor for the business to be conducted on the |
premises for at least 14 different locations; |
(4) the sale of alcoholic liquor at the premises is |
incidental to the sale of food; |
(5) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; |
(6) the premises is at least 3,200 square feet and sits |
on a lot that is between 7,150 and 7,200 square feet; and |
(7) the principal religious leader at the place of |
worship has not indicated his or her opposition to the |
issuance or renewal of the license in writing.
|
(m) Notwithstanding any provision in this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor at a premises that is located within a municipality with |
a population in excess of 1,000,000 inhabitants and is within |
100 feet of a church if: |
(1) the premises and the church are perpendicular, and |
the primary entrance of the premises faces South while the |
primary entrance of the church faces West and the distance |
|
between the two entrances is more than 100 feet; |
(2) the shortest distance between the premises lot line |
and the exterior wall of the church is at least 80 feet; |
(3) the church was established at the current location |
in 1916 and the present structure was erected in 1925; |
(4) the premises is a single story, single use building |
with at least 1,750 square feet and no more than 2,000 |
square feet; |
(5) the sale of alcoholic liquor at the premises is |
incidental to the sale of food; |
(6) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; and |
(7) the principal religious leader at the place of |
worship has not indicated his or her opposition to the |
issuance or renewal of the license in writing. |
(n) Notwithstanding any provision in this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor at a premises that is located within a municipality with |
a population in excess of 1,000,000 inhabitants and is within |
100 feet of a school if: |
(1) the school is a City of Chicago School District 299 |
school; |
(2) the school is located within subarea E of City of |
Chicago Residential Business Planned Development Number |
70; |
|
(3) the sale of alcoholic liquor is not the principal |
business carried on by the licensee on the premises; |
(4) the sale of alcoholic liquor at the premises is |
incidental to the sale of food; and |
(5) the administration of City of Chicago School |
District 299 has expressed, in writing, its support for the |
issuance of the license. |
(o) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a retail license authorizing the sale of |
alcoholic liquor at a premises that is located within a |
municipality in excess of 1,000,000 inhabitants and within 100 |
feet of a church if: |
(1) the sale of alcoholic liquor at the premises is |
incidental to the sale of food; |
(2) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; |
(3) the premises is located on a street that runs |
perpendicular to the street on which the church is located; |
(4) the primary entrance of the premises is at least |
100 feet from the primary entrance of the church; |
(5) the shortest distance between any part of the |
premises and any part of the church is at least 60 feet; |
(6) the premises is between 3,600 and 4,000 square feet |
and sits on a lot that is between 3,600 and 4,000 square |
feet; and |
|
(7) the premises was built in the year 1909. |
For purposes of this subsection (o), "premises" means a |
place of business together with a privately owned outdoor |
location that is adjacent to the place of business. |
(p) Notwithstanding any provision in this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor at a premises that is located within a municipality with |
a population in excess of 1,000,000 inhabitants and within 100 |
feet of a church if: |
(1) the shortest distance between the backdoor of the |
premises, which is used as an emergency exit, and the |
church is at least 80 feet; |
(2) the church was established at the current location |
in 1889; and |
(3) liquor has been sold on the premises since at least |
1985. |
(q) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor within a premises that is located in a municipality with |
a population in excess of 1,000,000 inhabitants and within 100 |
feet of a church-owned property if: |
(1) the premises is located within a larger building |
operated as a grocery store; |
(2) the area of the premises does not exceed 720 square |
|
feet and the area of the larger building exceeds 18,000 |
square feet; |
(3) the larger building containing the premises is |
within 100 feet of the nearest property line of a |
church-owned property on which a church-affiliated school |
is located; |
(4) the sale of liquor is not the principal business |
carried on within the larger building; |
(5) the primary entrance of the larger building and the |
premises and the primary entrance of the church-affiliated |
school are on different, parallel streets, and the distance |
between the 2 primary entrances is more than 100 feet; |
(6) the larger building is separated from the |
church-owned property and church-affiliated school by an |
alley; |
(7) the larger building containing the premises and the |
church building front are on perpendicular streets and are |
separated by a street; and |
(8) (Blank). |
(r) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance, |
renewal, or maintenance of a license authorizing the sale of |
alcoholic liquor incidental to the sale of food within a |
restaurant established in a premises that is located in a |
municipality with a population in excess of 1,000,000 |
inhabitants and within 100 feet of a church if: |
|
(1) the primary entrance of the church and the primary |
entrance of the restaurant are at least 100 feet apart; |
(2) the restaurant has operated on the ground floor and |
lower level of a multi-story, multi-use building for more |
than 40 years; |
(3) the primary business of the restaurant consists of |
the sale of food where the sale of liquor is incidental to |
the sale of food; |
(4) the sale of alcoholic liquor is conducted primarily |
in the below-grade level of the restaurant to which the |
only public access is by a staircase located inside the |
restaurant; and |
(5) the restaurant has held a license authorizing the |
sale of alcoholic liquor on the premises for more than 40 |
years. |
(s) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit renewal of a |
license authorizing the sale of alcoholic liquor at a premises |
that is located within a municipality with a population more |
than 5,000 and less than 10,000 and is within 100 feet of a |
church if: |
(1) the church was established at the location within |
100 feet of the premises after a license for the sale of |
alcoholic liquor at the premises was first issued; |
(2) a license for sale of alcoholic liquor at the |
premises was first issued before January 1, 2007; and |
|
(3) a license for the sale of alcoholic liquor on the |
premises has been continuously in effect since January 1, |
2007, except for interruptions between licenses of no more |
than 90 days. |
(t) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a
license authorizing the sale of alcoholic |
liquor
incidental to the sale of food within a restaurant that |
is established in a premises that is located in a municipality |
with a population in excess of 1,000,000 inhabitants and within |
100 feet of a school and a church if: |
(1) the restaurant is located inside a five-story |
building with over 16,800 square feet of commercial space; |
(2) the area of the premises does not exceed 31,050 |
square feet; |
(3) the area of the restaurant does not exceed 5,800 |
square feet; |
(4) the building has no less than 78 condominium units; |
(5) the construction of the building in which the |
restaurant is located was completed in 2006; |
(6) the building has 10 storefront properties, 3 of |
which are used for the restaurant; |
(7) the restaurant will open for business in 2010; |
(8) the building is north of the school and separated |
by an alley; and |
(9) the principal religious leader of the church and |
|
either the alderman of the ward in which the school is |
located or the principal of the school have delivered a |
written statement to the local liquor control commissioner |
stating that he or she does not object to the issuance of a |
license under this subsection (t). |
(u) Notwithstanding any provision in this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license to sell alcoholic liquor at a premises |
that is located within a municipality with a population in |
excess of 1,000,000 inhabitants and within 100 feet of a school |
if: |
(1) the premises operates as a restaurant and has been |
in operation since February 2008; |
(2) the applicant is the owner of the premises; |
(3) the sale of alcoholic liquor is incidental to the |
sale of food; |
(4) the sale of alcoholic liquor is not the principal |
business carried on by the licensee on the premises; |
(5) the premises occupy the first floor of a 3-story |
building that is at least 90 years old; |
(6) the rear lot of the school and the rear corner of |
the building that the premises occupy are separated by an |
alley; |
(7) the distance from the southwest corner of the |
property line of the school and the northeast corner of the |
building that the premises occupy is at least 16 feet, 5 |
|
inches; |
(8) the distance from the rear door of the premises to |
the southwest corner of the property line of the school is |
at least 93 feet; |
(9) the school is a City of Chicago School District 299 |
school; |
(10) the school's main structure was erected in 1902 |
and an addition was built to the main structure in 1959; |
and |
(11) the principal of the school and the alderman in |
whose district the premises are located have expressed, in |
writing, their support for the issuance of the license. |
(v) Notwithstanding any provision in this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor at a premises that is located within a municipality with |
a population in excess of 1,000,000 inhabitants and is within |
100 feet of a school if: |
(1) the total land area of the premises for which the |
license or renewal is sought is more than 600,000 square |
feet; |
(2) the premises for which the license or renewal is |
sought has more than 600 parking stalls; |
(3) the total area of all buildings on the premises for |
which the license or renewal is sought exceeds 140,000 |
square feet; |
|
(4) the property line of the premises for which the |
license or renewal is sought is separated from the property |
line of the school by a street; |
(5) the distance from the school's property line to the |
property line of the premises for which the license or |
renewal is sought is at least 60 feet; |
(6) as of the effective date of this amendatory Act of |
the 97th General Assembly, the premises for which the |
license or renewal is sought is located in the Illinois |
Medical District. |
(w) Notwithstanding any provision in this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license to sell alcoholic liquor at a premises |
that is located within a municipality with a population in |
excess of 1,000,000 inhabitants and within 100 feet of a church |
if: |
(1) the sale of alcoholic liquor at the premises is |
incidental to the sale of food; |
(2) the sale of alcoholic liquor is not the principal
|
business carried on by the licensee at the premises; |
(3) the premises occupy the first floor and basement of |
a 2-story building that is 106 years old; |
(4) the premises is at least 7,000 square feet and |
located on a lot that is at least 11,000 square feet; |
(5) the premises is located directly west of the |
church, on perpendicular streets, and separated by an |
|
alley; |
(6) the distance between the
property line of the |
premises and the property line of the church is at least 20 |
feet; |
(7) the distance between the primary entrance of the |
premises and the primary entrance of the church is at least |
130 feet; and |
(8) the church has been at its location for at least 40 |
years. |
(x) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor at a premises that is located within a municipality with |
a population in excess of 1,000,000 inhabitants and within 100 |
feet of a church if: |
(1) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; |
(2) the church has been operating in its current |
location since 1973; |
(3) the premises has been operating in its current |
location since 1988; |
(4) the church and the premises are owned by the same |
parish; |
(5) the premises is used for cultural and educational |
purposes; |
(6) the primary entrance to the premises and the |
|
primary entrance to the church are located on the same |
street; |
(7) the principal religious leader of the church has |
indicated his support of the issuance of the license; |
(8) the premises is a 2-story building of approximately |
23,000 square feet; and |
(9) the premises houses a ballroom on its ground floor |
of approximately 5,000 square feet. |
(y) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor at a premises that is located within a municipality with |
a population in excess of 1,000,000 inhabitants and within 100 |
feet of a school if: |
(1) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; |
(2) the sale of alcoholic liquor at the premises is |
incidental to the sale of food; |
(3) according to the municipality, the distance |
between the east property line of the premises and the west |
property line of the school is 97.8 feet; |
(4) the school is a City of Chicago School District 299 |
school; |
(5) the school has been operating since 1959; |
(6) the primary entrance to the premises and the |
primary entrance to the school are located on the same |
|
street; |
(7) the street on which the entrances of the premises |
and the school are located is a major diagonal |
thoroughfare; |
(8) the premises is a single-story building of |
approximately 2,900 square feet; and |
(9) the premises is used for commercial purposes only. |
(z) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor at a premises that is located within a municipality with |
a population in excess of 1,000,000 inhabitants and within 100 |
feet of a mosque if: |
(1) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; |
(2) the licensee shall only sell packaged liquors at |
the premises; |
(3) the licensee is a national retail chain having over |
100 locations within the municipality; |
(4) the licensee has over 8,000 locations nationwide; |
(5) the licensee has locations in all 50 states; |
(6) the premises is located in the North-East quadrant |
of the municipality; |
(7) the premises is a free-standing building that has |
"drive-through" pharmacy service; |
(8) the premises has approximately 14,490 square feet |
|
of retail space; |
(9) the premises has approximately 799 square feet of |
pharmacy space; |
(10) the premises is located on a major arterial street |
that runs east-west and accepts truck traffic; and |
(11) the alderman of the ward in which the premises is |
located has expressed, in writing, his or her support for |
the issuance of the license. |
(aa) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor at a premises that is located within a municipality with |
a population in excess of 1,000,000 inhabitants and within 100 |
feet of a church if: |
(1) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; |
(2) the licensee shall only sell packaged liquors at |
the premises; |
(3) the licensee is a national retail chain having over |
100 locations within the municipality; |
(4) the licensee has over 8,000 locations nationwide; |
(5) the licensee has locations in all 50 states; |
(6) the premises is located in the North-East quadrant |
of the municipality; |
(7) the premises is located across the street from a |
national grocery chain outlet; |
|
(8) the premises has approximately 16,148 square feet |
of retail space; |
(9) the premises has approximately 992 square feet of |
pharmacy space; |
(10) the premises is located on a major arterial street |
that runs north-south and accepts truck traffic; and |
(11) the alderman of the ward in which the premises is |
located has expressed, in writing, his or her support for |
the issuance of the license. |
(bb) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor at a premises that is located within a municipality with |
a population in excess of 1,000,000 inhabitants and within 100 |
feet of a church if: |
(1) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; |
(2) the sale of alcoholic liquor at the premises is |
incidental to the sale of food; |
(3) the primary entrance to the premises and the |
primary entrance to the church are located on the same |
street; |
(4) the premises is across the street from the church; |
(5) the street on which the premises and the church are |
located is a major arterial street that runs east-west; |
(6) the church is an elder-led and Bible-based Assyrian |
|
church; |
(7) the premises and the church are both single-story |
buildings; |
(8) the storefront directly west of the church is being |
used as a restaurant; and |
(9) the distance between the northern-most property |
line of the premises and the southern-most property line of |
the church is 65 feet. |
(cc) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor at a premises that is located within a municipality with |
a population in excess of 1,000,000 inhabitants and within 100 |
feet of a school if: |
(1) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; |
(2) the licensee shall only sell packaged liquors at |
the premises; |
(3) the licensee is a national retail chain; |
(4) as of October 25, 2011, the licensee has 1,767 |
stores operating nationwide, 87 stores operating in the |
State, and 10 stores operating within the municipality; |
(5) the licensee shall occupy approximately 124,000 |
square feet of space in the basement and first and second |
floors of a building located across the street from a |
school; |
|
(6) the school opened in August of 2009 and occupies |
approximately 67,000 square feet of space; and |
(7) the building in which the premises shall be located |
has been listed on the National Register of Historic Places |
since April 17, 1970. |
(dd) Notwithstanding any provision in this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor within a full-service grocery store at a premises that |
is located within a municipality with a population in excess of |
1,000,000 inhabitants and is within 100 feet of a school if: |
(1) the premises is constructed on land that was |
purchased from the municipality at a fair market price; |
(2) the premises is constructed on land that was |
previously used as a parking facility for public safety |
employees; |
(3) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; |
(4) the main entrance to the store is more than 100 |
feet from the main entrance to the school; |
(5) the premises is to be new construction; |
(6) the school is a private school; |
(7) the principal of the school has given written |
approval for the license; |
(8) the alderman of the ward where the premises is |
located has given written approval of the issuance of the |
|
license; |
(9) the grocery store level of the premises is between |
60,000 and 70,000 square feet; and |
(10) the owner and operator of the grocery store |
operates 2 other grocery stores that have alcoholic liquor |
licenses within the same municipality. |
(ee) Notwithstanding any provision in this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor within a full-service grocery store at a premises that |
is located within a municipality with a population in excess of |
1,000,000 inhabitants and is within 100 hundred feet of a |
school if: |
(1) the premises is constructed on land that once |
contained an industrial steel facility; |
(2) the premises is located on land that has undergone |
environmental remediation; |
(3) the premises is located within a retail complex |
containing retail stores where some of the stores sell |
alcoholic beverages; |
(4) the principal activity of any restaurant in the |
retail complex is the sale of food, and the sale of |
alcoholic liquor is incidental to the sale of food; |
(5) the sale of alcoholic liquor is not the principal |
business carried on by the grocery store; |
(6) the entrance to any business that sells alcoholic |
|
liquor is more than 100 feet from the entrance to the |
school; |
(7) the alderman of the ward where the premises is |
located has given written approval of the issuance of the |
license; and |
(8) the principal of the school has given written |
consent to the issuance of the license. |
(ff) (dd) Notwithstanding any provision of this Section to |
the contrary, nothing in this Section shall prohibit the |
issuance or renewal of a license authorizing the sale of |
alcoholic liquor at a premises that is located within a |
municipality with a population in excess of 1,000,000 |
inhabitants and within 100 feet of a school if: |
(1) the sale of alcoholic liquor is not the principal |
business carried on at the premises; |
(2) the sale of alcoholic liquor at the premises is |
incidental to the operation of a theater; |
(3) the premises is a one and one-half-story building |
of approximately 10,000 square feet; |
(4) the school is a City of Chicago School District 299 |
school; |
(5) the primary entrance of the premises and the |
primary entrance of the school are at least 300 feet apart |
and no more than 400 feet apart; |
(6) the alderman of the ward in which the premises is |
located has expressed, in writing, his support for the |
|
issuance of the license; and |
(7) the principal of the school has expressed, in |
writing, that there is no objection to the issuance of a |
license under this subsection (ff) (dd) . |
(gg) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor incidental to the sale of food within a restaurant or |
banquet facility established in a premises that is located in a |
municipality with a population in excess of 1,000,000 |
inhabitants and within 100 feet of a church if: |
(1) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; |
(2) the property on which the church is located and the |
property on which the premises are located are both within |
a district originally listed on the National Register of |
Historic Places on February 14, 1979; |
(3) the property on which the premises are located |
contains one or more multi-story buildings that are at |
least 95 years old and have no more than three stories; |
(4) the building in which the church is located is at |
least 120 years old; |
(5) the property on which the church is located is |
immediately adjacent to and west of the property on which |
the premises are located; |
(6) the western boundary of the property on which the |
|
premises are located is no less than 118 feet in length and |
no more than 122 feet in length; |
(7) as of December 31, 2012, both the church property |
and the property on which the premises are located are |
within 250 feet of City of Chicago Business-Residential |
Planned Development Number 38; |
(8) the principal religious leader at the place of |
worship has indicated his or her support for the issuance |
of the license in writing; and |
(9) the alderman in whose district the premises are |
located has expressed his or her support for the issuance |
of the license in writing. |
For the purposes of this subsection, "banquet facility" |
means the part of the building that is located on the floor |
above a restaurant and caters to private parties and where the |
sale of alcoholic liquors is not the principal business. |
(hh) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor within a hotel and at an outdoor patio area attached to |
the hotel that are located in a municipality with a population |
in excess of 1,000,000 inhabitants and that are within 100 feet |
of a hospital if: |
(1) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the hotel; |
(2) the hotel is located within the City of Chicago |
|
Business Planned Development Number 468; and |
(3) the hospital is located within the City of Chicago |
Institutional Planned Development Number 3. |
(ii) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic |
liquor within a restaurant and at an outdoor patio area |
attached to the restaurant that are located in a municipality |
with a population in excess of 1,000,000 inhabitants and that |
are within 100 feet of a church if: |
(1) the sale of alcoholic liquor at the premises is not |
the principal business carried on by the licensee and is |
incidental to the sale of food; |
(2) the restaurant has been operated on the street |
level of a 2-story building located on a corner lot since |
2008; |
(3) the restaurant is between 3,700 and 4,000 square |
feet and sits on a lot that is no more than 6,200 square |
feet; |
(4) the primary entrance to the restaurant and the |
primary entrance to the church are located on the same |
street; |
(5) the street on which the restaurant and the church |
are located is a major east-west street; |
(6) the restaurant and the church are separated by a |
one-way northbound street; |
|
(7) the church is located to the west of and no more |
than 65 feet from the restaurant; and |
(8) the principal religious leader at the place of |
worship has indicated his or her consent to the issuance of |
the license in writing. |
(Source: P.A. 96-283, eff. 8-11-09; 96-744, eff. 8-25-09; |
96-851, eff. 12-23-09; 96-871, eff. 1-21-10; 96-1051, eff. |
7-14-10; 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634, eff. |
12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12; 97-806, |
eff. 7-13-12; revised 7-23-12.)
|
(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, township, or county 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, township, or county, |
or in any building located on land under the
control of the |
municipality, township, or county; provided that such township |
or county complies with all
applicable local ordinances in any |
incorporated area of the township or county.
Alcoholic liquor |
may be delivered to and sold under the authority of a special |
use permit on any property owned by a conservation district |
|
organized under the Conservation District Act, provided that |
(i) the alcoholic liquor is sold only at an event authorized by |
the governing board of the conservation district, (ii) the |
issuance of the special use permit is authorized by the local |
liquor control commissioner of the territory in which the |
property is located, and (iii) the special use permit |
authorizes the sale of alcoholic liquor for one day or less. |
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 in the Pavilion Facility on the |
campus of the University of Illinois at Chicago during games in |
which the Chicago Storm professional soccer team is playing in |
that facility, 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 in the Pavilion Facility on the campus of the |
University of Illinois at Chicago during games in which the |
WNBA professional women's basketball team is playing in that |
facility, not more than one and a half hours before the start |
|
of the game and not after the 10-minute mark of the second half |
of the game, or by a catering establishment which has rented |
facilities
from a board of trustees of a public community |
college district, or in a restaurant that is operated by a |
commercial tenant in the North Campus Parking Deck building |
that (1) is located at 1201 West University Avenue, Urbana, |
Illinois and (2) is owned by the Board of Trustees of the |
University of Illinois, 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. Alcoholic liquors may be delivered to |
and sold at Memorial Hall, located at 211 North Main Street, |
Rockford, under conditions approved by Winnebago County and |
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 or Illinois |
State University 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 liquors may be served or sold in buildings under |
the control of the Board of Trustees of the University of |
Illinois for events that the Board may determine are public |
events and not related student activities. The Board of |
|
Trustees shall issue a written policy within 6 months of the |
effective date of this amendatory Act of the 95th General |
Assembly concerning the types of events that would be eligible |
for an exemption. Thereafter, the Board of Trustees may issue |
revised, updated, new, or amended policies as it deems |
necessary and appropriate. In preparing its written policy, the |
Board of Trustees shall, among other factors it considers |
relevant and important, give consideration to the following: |
(i) whether the event is a student activity or student related |
activity; (ii) whether the physical setting of the event is |
conducive to control of liquor sales and distribution; (iii) |
the ability of the event operator to ensure that the sale or |
serving of alcoholic liquors and the demeanor of the |
participants are in accordance with State law and University |
policies; (iv) regarding the anticipated attendees at the |
event, the relative proportion of individuals under the age of |
21 to individuals age 21 or older; (v) the ability of the venue |
operator to prevent the sale or distribution of alcoholic |
liquors to individuals under the age of 21; (vi) whether the |
event prohibits participants from removing alcoholic beverages |
from the venue; and (vii) whether the event prohibits |
participants from providing their own alcoholic liquors to the |
venue. In addition, any policy submitted by the Board of |
Trustees to the Illinois Liquor Control Commission must require |
that any event at which alcoholic liquors are served or sold in |
buildings under the control of the Board of Trustees shall |
|
require the prior written approval of the Office of the |
Chancellor for the University campus where the event is |
located. The Board of Trustees shall submit its policy, and any |
subsequently revised, updated, new, or amended policies, to the |
Illinois Liquor Control Commission, and any University event, |
or location for an event, exempted under such policies shall |
apply for a license under the applicable Sections of this Act. |
Alcoholic liquors may be served or sold in buildings under
|
the control of the Board of Trustees of Northern Illinois |
University
for events that the Board may determine are public
|
events and not student-related activities. The Board of
|
Trustees shall issue a written policy within 6 months after |
June 28, 2011 (the
effective date of Public Act 97-45) |
concerning the types of events that would be eligible
for an |
exemption. Thereafter, the Board of Trustees may issue
revised, |
updated, new, or amended policies as it deems
necessary and |
appropriate. In preparing its written policy, the
Board of |
Trustees shall, in addition to other factors it considers
|
relevant and important, give consideration to the following:
|
(i) whether the event is a student activity or student-related
|
activity; (ii) whether the physical setting of the event is
|
conducive to control of liquor sales and distribution; (iii)
|
the ability of the event operator to ensure that the sale or
|
serving of alcoholic liquors and the demeanor of the
|
participants are in accordance with State law and University
|
policies; (iv) the anticipated attendees at the
event and the |
|
relative proportion of individuals under the age of
21 to |
individuals age 21 or older; (v) the ability of the venue
|
operator to prevent the sale or distribution of alcoholic
|
liquors to individuals under the age of 21; (vi) whether the
|
event prohibits participants from removing alcoholic beverages
|
from the venue; and (vii) whether the event prohibits
|
participants from providing their own alcoholic liquors to the
|
venue. |
Alcoholic liquors may be served or sold in buildings under
|
the control of the Board of Trustees of Illinois State |
University
for events that the Board may determine are public
|
events and not student-related activities. The Board of
|
Trustees shall issue a written policy within 6 months after the |
effective date of this amendatory Act of the 97th General |
Assembly concerning the types of events that would be eligible
|
for an exemption. Thereafter, the Board of Trustees may issue
|
revised, updated, new, or amended policies as it deems
|
necessary and appropriate. In preparing its written policy, the
|
Board of Trustees shall, in addition to other factors it |
considers
relevant and important, give consideration to the |
following:
(i) whether the event is a student activity or |
student-related
activity; (ii) whether the physical setting of |
the event is
conducive to control of liquor sales and |
distribution; (iii)
the ability of the event operator to ensure |
that the sale or
serving of alcoholic liquors and the demeanor |
of the
participants are in accordance with State law and |
|
University
policies; (iv) the anticipated attendees at the
|
event and the relative proportion of individuals under the age |
of
21 to individuals age 21 or older; (v) the ability of the |
venue
operator to prevent the sale or distribution of alcoholic
|
liquors to individuals under the age of 21; (vi) whether the
|
event prohibits participants from removing alcoholic beverages
|
from the venue; and (vii) whether the event prohibits
|
participants from providing their own alcoholic liquors to the
|
venue. |
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.
In accordance |
with a license issued under this Act, alcoholic liquor may be |
sold, served, or delivered in buildings and facilities under
|
the control
of the Department of Natural Resources during |
events or activities lasting no more than 7 continuous days |
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) an |
individual or organization provided that such individual or |
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 individual or |
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 delivered to and sold at retail or |
dispensed for
consumption at the Michael Bilandic Building at |
|
160 North LaSalle Street,
Chicago IL 60601, after the normal |
business hours of any day care or child care
facility located |
in the building, 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 accepts delivery of,
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 delivery, 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 accept delivery of and 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. accepts delivery of and sells or dispenses the |
alcoholic liquors in a
manner that does not impair normal |
operations of State offices located in the
building;
|
c. accepts delivery of and sells or dispenses alcoholic |
liquors only in
connection with an official activity in the |
building; and
|
|
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 at retail or dispensed at the |
James R.
Thompson Center in Chicago, subject to the provisions |
of Section 7.4 of the
State Property Control Act, and 222 South |
College Street in Springfield,
Illinois by (1) a commercial |
tenant or subtenant conducting business on the
premises under a |
lease or sublease 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. |
Alcoholic liquors may be delivered to and sold at the Louis |
Joliet
Renaissance Center, City Center Campus, located at 214 |
N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts |
Department facilities, Main Campus, located at
1215 Houbolt |
Road, Joliet, owned by or under the control of Joliet Junior
|
College,
Illinois Community College District No. 525.
|
Alcoholic liquors may be delivered to and sold at Triton |
College, Illinois Community College District No. 504. |
Alcoholic liquors may be delivered to and sold at the |
College of DuPage, Illinois Community College District No. 502. |
Alcoholic liquors may be delivered to and sold at the |
building located at 446 East Hickory Avenue in Apple River, |
Illinois, owned by the Apple River Fire Protection District, |
and occupied by the Apple River Community Association if the |
alcoholic liquor is sold or dispensed only in connection with |
organized functions approved by the Apple River Community |
Association 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 Apple River Fire |
Protection District, the Village of Apple River, and the Apple |
River Community Association from all financial loss, damage, |
and harm. |
|
Alcoholic liquors may be delivered to and sold at the Sikia |
Restaurant, Kennedy King College Campus, located at 740 West |
63rd Street, Chicago, and at the Food Services in the Great |
Hall/Washburne Culinary Institute Department facility, Kennedy |
King College Campus, located at 740 West 63rd Street, Chicago, |
owned by or under the control of City Colleges of Chicago, |
Illinois Community College District No. 508.
|
(Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51, |
eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11; |
97-395, eff. 8-16-11; 97-813, eff. 7-13-12.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|