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1 | | Museum; establishment. |
2 | | (a) The Abraham Lincoln Presidential Library and Museum, |
3 | | formerly a constituent unit of the Illinois Historic |
4 | | Preservation Agency, is created as an independent State agency |
5 | | within the Executive Branch of State government. |
6 | | (b) The Agency shall have control and custody of the |
7 | | Abraham Lincoln Presidential Library and Museum complex, |
8 | | including the Abraham Lincoln Presidential Library and Museum, |
9 | | the Abraham Lincoln Presidential Library and Museum's parking |
10 | | garage, Union Station, and Union Park, in Springfield. |
11 | | (c) The Agency shall be under the supervision and direction |
12 | | of the Executive Director of the Abraham Lincoln Presidential |
13 | | Library and Museum. |
14 | | Section 15. Board. There shall be a Board of Trustees of |
15 | | the Abraham Lincoln Presidential Library and Museum to set |
16 | | policy and advise the Abraham Lincoln Presidential Library and |
17 | | Museum and the Executive Director on programs related to the |
18 | | Abraham Lincoln Presidential Library and Museum and to exercise |
19 | | the powers and duties given to it under Section 25 of this Act. |
20 | | The Abraham Lincoln Presidential Library and Museum and the |
21 | | Abraham Lincoln Presidential Library Foundation shall mutually |
22 | | co-operate to maximize resources available to the Abraham |
23 | | Lincoln Presidential Library and Museum and to support, |
24 | | sustain, and provide educational programs and collections at |
25 | | the Abraham Lincoln Presidential Library and Museum. Any |
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1 | | membership fees collected by the Abraham Lincoln Presidential |
2 | | Library Foundation may be used to support the Abraham Lincoln |
3 | | Presidential Library and Museum programs or collections at the |
4 | | Foundation's discretion. |
5 | | Section 20. Composition of the Board. The Board of Trustees |
6 | | shall consist of 11 members to be appointed by the Governor, |
7 | | with the advice and consent of the Senate. The Board shall |
8 | | consist of members with the following qualifications: |
9 | | (1) One member shall have recognized knowledge and ability |
10 | | in matters related to business administration. |
11 | | (2) One member shall have recognized knowledge and ability |
12 | | in matters related to the history of Abraham Lincoln. |
13 | | (3) One member shall have recognized knowledge and ability |
14 | | in matters related to the history of Illinois. |
15 | | (4) One member shall have recognized knowledge and ability |
16 | | in matters related to library and museum studies. |
17 | | (5) One member shall have recognized knowledge and ability |
18 | | in matters related to historic preservation. |
19 | | (6) One member shall have recognized knowledge and ability |
20 | | in matters related to cultural tourism. |
21 | | (7) One member shall have recognized knowledge and ability |
22 | | in matters related to conservation, digitization, and |
23 | | technological innovation. |
24 | | The initial terms of office shall be designated by the |
25 | | Governor as follows: one member to serve for a term of one |
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1 | | year, 2 members to serve for a term of 2 years, 2 members to |
2 | | serve for a term of 3 years, 2 members to serve for a term of 4 |
3 | | years, 2 members to serve for a term of 5 years, and 2 members |
4 | | to serve for a term of 6 years. Thereafter, all appointments |
5 | | shall be for a term of 6 years. The Governor shall appoint one |
6 | | of the members to serve as chairperson at the pleasure of the |
7 | | Governor. |
8 | | The members of the Board shall serve without compensation |
9 | | but shall be entitled to reimbursement for all necessary |
10 | | expenses incurred in the performance of their official duties |
11 | | as members of the Board from funds appropriated for that |
12 | | purpose. |
13 | | To facilitate communication and cooperation between the |
14 | | Agency and the Abraham Lincoln Presidential Library |
15 | | Foundation, the Foundation CEO shall serve as a non-voting, |
16 | | ex-officio member of the Board. |
17 | | Section 25. Powers and duties of the Board. The Board |
18 | | shall: |
19 | | (a) Set policies and establish programs for implementation |
20 | | in support of the mission and goals of the Agency. |
21 | | (b) Create and execute such seminars, symposia, or other |
22 | | conferences as may be necessary or advisable to the Agency. |
23 | | (c) Report annually to the Governor and the General |
24 | | Assembly on the status of the Agency and its programs. |
25 | | (d) Accept, hold, maintain, and administer, as trustee, |
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1 | | property given in trust for education or historic purposes for |
2 | | the benefit of the people of the State of Illinois and dispose |
3 | | of any property under the terms of the instrument creating the |
4 | | trust. |
5 | | (e) Accept, hold, maintain, and administer donated |
6 | | property of historical significance, such as books, papers, |
7 | | records, and personal property of any kind, including |
8 | | electronic and digital property, pursuant to gifting |
9 | | instruments, agreements, or deeds of gift, including but not |
10 | | limited to the King Hostick Public Trust Fund, and enter into |
11 | | such agreements as may be necessary to carry out the Board's |
12 | | duties and responsibilities under this Section. |
13 | | (f) Lease concessions at the Library and Museum. All |
14 | | leases, for whatever period, shall be made subject to the |
15 | | written approval of the Governor's Office of Management and |
16 | | Budget. All concession leases extending for a period in excess |
17 | | of 10 years shall contain provisions for the Agency to |
18 | | participate, on a percentage basis, in the revenues generated |
19 | | by any concession operation. |
20 | | (g) Enforce the laws of the State and the rules of the |
21 | | Agency. |
22 | | (h) Cooperate with private organizations and agencies of |
23 | | the State of Illinois by providing areas and the use of staff |
24 | | personnel where feasible for the sale of publications on the |
25 | | historic and cultural heritage of the State and craft items |
26 | | made by Illinois craftsmen. These sales shall not conflict with |
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1 | | existing concession agreements. The Board is authorized to |
2 | | negotiate and approve agreements with the organizations and |
3 | | agencies for a portion of the moneys received from sales to be |
4 | | returned to the Agency for the furtherance of interpretative |
5 | | and restoration programs. |
6 | | (i) Accept offers of gifts, gratuities, or grants from the |
7 | | federal government, its agencies, or offices, or from any |
8 | | person, firm, or corporation. |
9 | | (j) Subject to the provisions of the Illinois |
10 | | Administrative Procedure Act, make reasonable rules as may be |
11 | | necessary to discharge the duties of the Agency. |
12 | | (k) Charge and collect admission fees and rental for access |
13 | | to and use of the facilities of the Library and Museum. |
14 | | (l) Operate a restaurant, cafe, or other food serving |
15 | | facility at the Museum or lease the operation of such a |
16 | | facility under reasonable terms and conditions, and provide |
17 | | vending services for food, beverages, or other products deemed |
18 | | necessary and proper, consistent with the purposes of the |
19 | | Library and Museum. |
20 | | (m) Engage in marketing activities designed to promote the |
21 | | Library and Museum. In undertaking these activities, the Board |
22 | | may take all necessary steps with respect to products and |
23 | | services, including, but not limited to, retail sales, |
24 | | wholesale sales, direct marketing, mail order sales, telephone |
25 | | sales, advertising and promotion, purchase of product and |
26 | | materials inventory, design and printing and manufacturing of |
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1 | | new products, reproductions, and adaptations, copyright and |
2 | | trademark licensing and royalty agreements, and payment of |
3 | | applicable taxes. In addition, the Board shall have the |
4 | | authority to sell advertising in its publications and printed |
5 | | materials. |
6 | | Section 30. Administration of the Agency. The Board shall |
7 | | appoint an Executive Director of the Agency. The Executive |
8 | | Director shall serve at the pleasure of the Board for a term of |
9 | | 4 years. The Executive Director shall, subject to applicable |
10 | | provisions of law, execute and discharge the powers and duties |
11 | | of the Agency. The Executive Director shall have hiring power |
12 | | and shall appoint (a) a Library Facilities Operations Director; |
13 | | and (b) a Director of the Library. The Executive Director shall |
14 | | appoint those other employees of the Agency as he or she deems |
15 | | appropriate and shall fix the compensation of the Library |
16 | | Facilities Operations Director, the Director of the Library and |
17 | | other employees. The Executive Director may make provision to |
18 | | establish and collect admission and registration fees, operate |
19 | | a gift shop, and publish and sell educational and informational |
20 | | materials. |
21 | | Section 35. Executive Director; exchange historical |
22 | | records. The Executive Director shall make all necessary rules, |
23 | | regulations, and bylaws not inconsistent with law to carry into |
24 | | effect the purposes of this Act and to procure from time to |
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1 | | time as may be possible and practicable, at reasonable costs, |
2 | | all books, pamphlets, manuscripts, monographs, writings, and |
3 | | other material of historical interest and useful to the |
4 | | historian bearing upon the political, physical, religious, or |
5 | | social history of the State of Illinois from the earliest known |
6 | | period of time. The Executive Director may, with the consent of |
7 | | the Board, exchange any books, pamphlets, manuscripts, |
8 | | records, or other materials which such library may acquire that |
9 | | are of no historical interest or for any reason are of no value |
10 | | to it, with any other library, school or historical society. |
11 | | The Executive Director shall distribute volumes of the series |
12 | | known as the Illinois Historical Collections now in print, and |
13 | | to be printed, to all who may apply for same and who pay to the |
14 | | Library and Museum for such volumes an amount fixed by the |
15 | | Executive Director sufficient to cover the expenses of printing |
16 | | and distribution of each volume received by such applicants. |
17 | | However, the Executive Director shall have authority to furnish |
18 | | 25 of each of the volumes of the Illinois Historical |
19 | | Collections, free of charge, to each of the authors and editors |
20 | | of the Collections or parts thereof; to furnish, as in his or |
21 | | her discretion he or she deems necessary or desirable, a |
22 | | reasonable number of each of the volumes of the Collections |
23 | | without charge to archives, libraries, and similar |
24 | | institutions from which material has been drawn or assistance |
25 | | has been given in the preparation of such Collections, and to |
26 | | the officials thereof; and to furnish, as in his or her |
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1 | | discretion he or she deems necessary or desirable, a reasonable |
2 | | number of each of the volumes of the Collections without charge |
3 | | to the University of Illinois Library and to instructors and |
4 | | officials of that University, and to public libraries in the |
5 | | State of Illinois. The Executive Director may, with the consent |
6 | | of the Board, also make exchanges of the Historical Collections |
7 | | with any other library, school or historical society, and |
8 | | distribute volumes of the Collections for review purposes. |
9 | | Section 40. Illinois State Historian; appointment. The |
10 | | Executive Director, with the advice and consent of the Board, |
11 | | shall appoint the Illinois State Historian, who shall provide |
12 | | historical expertise, support, and service on civic engagement |
13 | | to educators and not-for-profit educational groups, including |
14 | | historical societies. The State Historian is the State's |
15 | | leading authority on the history of Illinois. |
16 | | Section 45. State Historian; historical records. The State |
17 | | Historian shall establish and supervise a program within the |
18 | | Agency designed to preserve as historical records selected past |
19 | | editions of newspapers of this State. Such editions shall be |
20 | | preserved in accordance with industry standards. The negatives |
21 | | of microphotographs and other materials shall be stored in a |
22 | | place provided by the Agency. |
23 | | The State Historian shall determine on the basis of |
24 | | historical value the
various newspaper edition files which |
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1 | | shall be preserved and shall
arrange a schedule for such |
2 | | preservation. The State Historian shall
supervise the making of |
3 | | arrangements for acquiring access to past edition
files with |
4 | | the editors or publishers of the various newspapers.
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5 | | The method of microphotography to be employed in this |
6 | | program shall
conform to the standards established pursuant to |
7 | | Section 17 of The State
Records Act. |
8 | | Upon payment to the Agency of the required fee, any person |
9 | | or organization shall be supplied with any prints requested to |
10 | | be made from the newspapers and all records. The fee required |
11 | | shall be determined by the State Historian and shall be equal |
12 | | in amount to the costs incurred by the Agency in supplying the |
13 | | requested prints. |
14 | | Section 50. Gifts to the Illinois State Historical Library. |
15 | | Those programs, collections, and functions heretofore |
16 | | administered by the Illinois State Historical Library or the |
17 | | Historic Preservation Agency's Historical Library Division |
18 | | shall be administered by the Agency. All gifts made |
19 | | specifically to the Illinois State Historical Library shall |
20 | | remain at all times within the Agency. |
21 | | Section 55. Director of the Library; historical |
22 | | collections. The Director of the Library shall make all |
23 | | necessary rules, regulations, and bylaws not inconsistent with |
24 | | law to carry into effect the purpose of this Act and to procure |
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1 | | from time to time as may be possible and practicable, at |
2 | | reasonable costs, all books, pamphlets, manuscripts, |
3 | | monographs, writings, and other material of historical |
4 | | interest and useful to the historian bearing upon the |
5 | | political, physical, religious, or social history of the State |
6 | | of Illinois from the earliest known period of time. The |
7 | | Director of the Library may exchange any books, pamphlets, |
8 | | manuscripts, records or other material which the Library may |
9 | | acquire that are of no historical interest or for any reason |
10 | | are of no value to it, with another library, school, or |
11 | | historical society. The Director of the Library shall |
12 | | distribute volumes of the series known as the Illinois |
13 | | Historical Collections now in print, and to be printed, to all |
14 | | who may apply for same and who pay to the Library for such |
15 | | volumes an amount fixed by the Director sufficient to cover the |
16 | | expenses of printing and distributing each volume received by |
17 | | such applicants. However, the Director of the Library shall |
18 | | have authority to furnish 25 of each of the volumes of the |
19 | | Illinois Historical Collections, free of charge, to each of the |
20 | | authors and editors of the Collections or parts thereof, to |
21 | | furnish, as in his or her discretion he or she deems necessary |
22 | | or desirable, a reasonable number of each of the volumes of the |
23 | | Collections without charge to archives, libraries and similar |
24 | | institutions from which materials has been drawn or assistance |
25 | | has been given in the preparation of such Collections, and to |
26 | | the officials thereof, and to furnish, as in his or her |
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1 | | discretion he or she deems necessary or desirable, a reasonable |
2 | | number of each of the volumes of the Collections without charge |
3 | | to the University of Illinois Library and to instructors and |
4 | | officials of that University, and to the public libraries in |
5 | | the State of Illinois. The Director of the Library may also |
6 | | make exchanges of the Historical Collections with any other |
7 | | library, school, or historical society, and distribute volumes |
8 | | of the Collections for review purposes. |
9 | | Section 60. State Historical Library. The rights, powers, |
10 | | and duties vested by law in the State Historical Library or any |
11 | | office, division, or bureau thereof are hereby transferred to |
12 | | the Abraham Lincoln Presidential Library and Museum. |
13 | | Section 65. Separation from the Historic Preservation |
14 | | Agency. On the effective date of this Act, all of the powers, |
15 | | duties, assets, liabilities, employees, contracts, property |
16 | | (real and personal), including any items formerly contained in |
17 | | the Illinois State Historical Library now presently held in the |
18 | | Abraham Lincoln Presidential Library and Museum, records, |
19 | | pending business, and unexpended appropriations of the |
20 | | Historic Preservation Agency related to the administration and |
21 | | enforcement of Sections 17, 32, and 33 of the Historic |
22 | | Preservation Agency Act are transferred to the Agency created |
23 | | under this Act.
The status and rights of the transferred |
24 | | employees, and the rights of the State of Illinois and its |
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1 | | agencies, under the Personnel Code and applicable collective |
2 | | bargaining agreements or under any pension, retirement, or |
3 | | annuity plan are not affected (except as provided in Sections |
4 | | 14-110 and 18-127 of the Illinois Pension Code) by that |
5 | | transfer or by any other provision of this Act. |
6 | | Section 70. Rulemaking authority. The Agency may adopt |
7 | | rules in contravention of this Act in order to comply with |
8 | | federal laws or regulations that apply to Presidential |
9 | | Libraries administered by the Office of Presidential Libraries |
10 | | under the National Archives and Records Administration, |
11 | | including, but not limited to, 44 U.S.C. 21, 44 U.S.C. 22, and |
12 | | 36 CFR 1270. |
13 | | Section 75. The Historic Preservation Agency Act is amended |
14 | | by changing Sections 2 and 4 as follows:
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15 | | (20 ILCS 3405/2) (from Ch. 127, par. 2702)
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16 | | Sec. 2. For the purposes of this Act:
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17 | | (a) "Agency" means the
Historic Preservation Agency;
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18 | | (b) "Board" means the Board of Trustees of
the Historic |
19 | | Preservation Agency;
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20 | | (c) "Director" means the Director of
Historic Sites and |
21 | | Preservation;
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22 | | (d) (Blank); "Advisory Board" means the Advisory
Board of |
23 | | the
Lincoln Presidential
Library and Museum;
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1 | | (e) (Blank); "Lincoln Presidential Library" means the |
2 | | Abraham
Lincoln Presidential Library and Museum;
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3 | | (f) (Blank); and "Library Director" means the
Director of |
4 | | the Lincoln Presidential Library; and
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5 | | (g) "Historic Sites and
Preservation Division"
means that |
6 | | part of the Agency that is headed by the Director of Historic
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7 | | Sites and Preservation.
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8 | | (Source: P.A. 92-600, eff. 7-1-02.)
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9 | | (20 ILCS 3405/4) (from Ch. 127, par. 2704)
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10 | | Sec. 4. The Board shall be responsible for setting and |
11 | | determining
policy for the Agency. Within the Agency, there |
12 | | shall be a Historic Sites and Preservation Division. The Agency |
13 | | shall consist of: (1) an Abraham Lincoln
Presidential Library |
14 | | and Museum and (2) a Historic Sites and Preservation
Division. |
15 | | Except as
otherwise provided in this Act, any reference
in any |
16 | | other Act to the Historic Preservation Agency shall be deemed |
17 | | to be a
reference to the Historic Sites and Preservation |
18 | | Division and any reference to
the Director of
Historic |
19 | | Preservation shall be deemed to be a reference to the Director |
20 | | of
Historic Sites and Preservation, unless the context clearly |
21 | | indicates
otherwise.
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22 | | The Board shall appoint a chief executive officer of the |
23 | | Agency who shall
be known as the Director of Historic Sites and |
24 | | Preservation. The Director
shall
serve at the pleasure of the |
25 | | Board. The Director shall, subject to
applicable provisions of |
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1 | | law, execute the powers and discharge the duties
vested in the |
2 | | Historic Sites and Preservation Division of the Agency by law
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3 | | and implement the
policies set by the Board.
The Director shall |
4 | | manage the Historic Sites and Preservation Division of the
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5 | | Agency. The Director, with
the concurrence of the Board, shall |
6 | | appoint Division Chiefs and the Deputy
Director of the Historic |
7 | | Sites and Preservation Division of the Agency.
Subject to |
8 | | concurrence by the Board, the Director shall appoint such other
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9 | | employees of the Historic Sites and Preservation Division of |
10 | | the Agency as
he or she deems
appropriate and shall fix the
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11 | | compensation of such Division Chiefs, the Deputy Director and |
12 | | other employees.
The Board shall appoint the Illinois State |
13 | | Historian, who shall provide
historical expertise, support, |
14 | | and service to all divisions of the Historic
Preservation |
15 | | Agency. The State Historian is the State's authority on Abraham
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16 | | Lincoln and the history of Illinois.
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17 | | (Source: P.A. 92-600, eff. 7-1-02.)
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18 | | (20 ILCS 3405/17 rep.) |
19 | | (20 ILCS 3405/30 rep.) |
20 | | (20 ILCS 3405/31 rep.) |
21 | | (20 ILCS 3405/32 rep.) |
22 | | (20 ILCS 3405/33 rep.) |
23 | | Section 80. The Historic Preservation Agency Act is amended |
24 | | by repealing Sections 17, 30, 31, 32, and 33. |
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1 | | Section 85. The Illinois Historic Preservation Act is |
2 | | amended by changing Section 3 as follows:
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3 | | (20 ILCS 3410/3) (from Ch. 127, par. 133d3)
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4 | | Sec. 3.
There is recognized and established hereunder the |
5 | | Illinois Historic
Sites Advisory Council, previously |
6 | | established pursuant to Federal regulations,
hereafter called |
7 | | the Council. The Council shall consist of
15 members. Of these, |
8 | | there shall be at least 3 historians, at least 3
architectural |
9 | | historians, or architects with a preservation background,
and |
10 | | at least 3 archeologists. The remaining 6 members shall be |
11 | | drawn from
supporting fields and have a preservation interest. |
12 | | Supporting fields shall
include but not be limited to |
13 | | historical geography, law, urban planning,
local government |
14 | | officials, and members of other preservation commissions.
All |
15 | | shall be appointed by the Director of Historic Sites and |
16 | | Preservation,
with the consent of the Board.
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17 | | The Council Chairperson shall be appointed by the Director |
18 | | of Historic
Sites and Preservation from the Council
membership |
19 | | and shall serve at the Director's pleasure.
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20 | | The Executive Director of the Abraham Lincoln Presidential |
21 | | Library and Museum and the Director of
the Illinois State |
22 | | Museum shall serve on the Council
in advisory capacity as |
23 | | non-voting members.
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24 | | Terms of membership shall be 3 years and shall be staggered |
25 | | by the Director
to assure continuity of representation.
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1 | | The Council shall meet at least 3 times each year. |
2 | | Additional meetings
may be held at the call of the chairperson |
3 | | or at the call of the Director.
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4 | | Members shall serve without compensation, but shall be |
5 | | reimbursed for actual
expenses incurred in the performance of |
6 | | their duties.
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7 | | (Source: P.A. 97-785, eff. 7-13-12.)
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8 | | Section 90. The State Historical Library Act is amended by |
9 | | changing Section 5.1 as follows:
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10 | | (20 ILCS 3425/5.1) (from Ch. 128, par. 16.1)
|
11 | | Sec. 5.1.
The State Historian shall establish and supervise |
12 | | a program within
the Abraham Lincoln Presidential Library and |
13 | | Museum designed
to preserve as historical
records selected past |
14 | | editions of newspapers of this State. Such editions
shall be |
15 | | preserved in accordance with industry standards |
16 | | microphotographed . The negatives of such microphotographs and |
17 | | other materials shall be
stored in a place provided by the |
18 | | Abraham Lincoln Presidential Library and Museum .
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19 | | The State Historian shall determine on the basis of |
20 | | historical value the
various newspaper edition files which |
21 | | shall be preserved microphotographed and shall
arrange a |
22 | | schedule for such preservation microphotographing . The State |
23 | | Historian shall
supervise the making of arrangements for |
24 | | acquiring access to past edition
files with the editors or |
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1 | | publishers of the various newspapers.
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2 | | The method of microphotography to be employed in this |
3 | | program shall
conform to the standards established pursuant to |
4 | | Section 17 of "The State
Records Act", approved July 6, 1957.
|
5 | | Upon payment to the Abraham Lincoln Presidential Library |
6 | | and Museum of the required
fee, any person or organization |
7 | | shall be supplied with any prints requested
to be made from the |
8 | | newspapers and all records. negatives of the microphotographs. |
9 | | The fee required
shall be determined by the State Historian and |
10 | | shall be equal in amount to
the cost incurred by the Abraham |
11 | | Lincoln Presidential Library and Museum
in supplying the
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12 | | requested prints.
|
13 | | (Source: P.A. 92-600, eff. 7-1-02.)
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14 | | Section 95. The Old State Capitol Act is amended by |
15 | | changing Section 1 as follows:
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16 | | (20 ILCS 3430/1) (from Ch. 123, par. 52)
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17 | | Sec. 1.
As used in this Act,
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18 | | (a) "Old State Capitol Complex" means the old State capitol
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19 | | reconstructed under the "1961 Act" in Springfield and includes |
20 | | space also
occupied
by the Abraham Lincoln Presidential Library |
21 | | and Museum and an underground parking garage;
|
22 | | (b) "1961 Act" means "An Act providing for the |
23 | | reconstruction and
restoration of the old State Capitol at |
24 | | Springfield and providing for the
custody thereof", approved |
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1 | | August 24, 1961, as amended;
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2 | | (c) "Board of Trustees" means the Board of Trustees of the |
3 | | Historic
Preservation Agency.
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4 | | (Source: P.A. 92-600, eff. 7-1-02.)
|
5 | | Section 100. The Illinois Municipal Code is amended by |
6 | | changing Section 11-48-1 as follows:
|
7 | | (65 ILCS 5/11-48-1) (from Ch. 24, par. 11-48-1)
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8 | | Sec. 11-48-1.
The city council or board of trustees of |
9 | | every city,
incorporated town or village may, by order or |
10 | | resolution authorize and
direct to be transferred to the |
11 | | Abraham Lincoln Presidential Library and Museum , the State
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12 | | Archives or to the State
University Library at Urbana, |
13 | | Illinois, or to any historical society duly
incorporated and |
14 | | located within their respective counties, such official
|
15 | | papers, drawings, maps, writings and records of every |
16 | | description as may be
deemed of historic interest or value, and |
17 | | as may be in the custody of any
officer of such county, city, |
18 | | incorporated town or village. Accurate copies
of the same when |
19 | | so transferred shall be substituted for the original when
in |
20 | | the judgment of such city council or board of trustees the same |
21 | | may be
deemed necessary.
|
22 | | (Source: P.A. 92-600, eff. 7-1-02.)
|
23 | | Section 105. The Liquor Control Act of 1934 is amended by |
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| | 10000HB0136ham002 | - 20 - | LRB100 01829 MJP 23393 a |
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1 | | changing Section 6-15 as follows:
|
2 | | (235 ILCS 5/6-15) (from Ch. 43, par. 130)
|
3 | | Sec. 6-15. No alcoholic liquors shall be sold or delivered |
4 | | in any
building belonging to or under the control of the State |
5 | | or any political
subdivision thereof except as provided in this |
6 | | Act. The corporate
authorities of any city, village, |
7 | | incorporated town, township, or county may provide by
|
8 | | ordinance, however, that alcoholic liquor may be sold or |
9 | | delivered in any
specifically designated building belonging to |
10 | | or under the control of the
municipality, township, or county, |
11 | | or in any building located on land under the
control of the |
12 | | municipality, township, or county; provided that such township |
13 | | or county complies with all
applicable local ordinances in any |
14 | | incorporated area of the township or county.
Alcoholic liquor |
15 | | may be delivered to and sold under the authority of a special |
16 | | use permit on any property owned by a conservation district |
17 | | organized under the Conservation District Act, provided that |
18 | | (i) the alcoholic liquor is sold only at an event authorized by |
19 | | the governing board of the conservation district, (ii) the |
20 | | issuance of the special use permit is authorized by the local |
21 | | liquor control commissioner of the territory in which the |
22 | | property is located, and (iii) the special use permit |
23 | | authorizes the sale of alcoholic liquor for one day or less. |
24 | | Alcoholic liquors may be delivered to and sold at any airport |
25 | | belonging to
or under the control of a municipality of more |
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1 | | than 25,000 inhabitants, or
in any building or on any golf |
2 | | course owned by a park district organized under
the Park |
3 | | District
Code, subject to the approval of the governing board |
4 | | of the district, or
in any building or on any golf course owned |
5 | | by a forest preserve district
organized under the Downstate |
6 | | Forest Preserve District Act, subject to the
approval of the |
7 | | governing board of the district, or on the grounds
within 500 |
8 | | feet of any building owned by a forest preserve district
|
9 | | organized under the Downstate Forest Preserve District Act |
10 | | during
times when food is dispensed for consumption within
500 |
11 | | feet of the building from which the food is dispensed,
subject |
12 | | to the
approval of the
governing board of the district, or in a |
13 | | building owned by a Local Mass
Transit District organized under |
14 | | the Local Mass Transit District Act, subject
to the approval of |
15 | | the governing Board of the District, or in Bicentennial
Park, |
16 | | or
on the premises of the City of Mendota Lake Park
located |
17 | | adjacent to Route 51 in Mendota, Illinois, or on the premises |
18 | | of
Camden Park in Milan, Illinois, or in the community center |
19 | | owned by the
City of Loves Park that is located at 1000 River |
20 | | Park Drive in Loves Park,
Illinois, or, in connection with the |
21 | | operation of an established food
serving facility during times |
22 | | when food is dispensed for consumption on the
premises, and at |
23 | | the following aquarium and museums located in public
parks: Art |
24 | | Institute of Chicago, Chicago Academy of Sciences, Chicago
|
25 | | Historical Society, Field Museum of Natural History, Museum of |
26 | | Science and
Industry, DuSable Museum of African American |
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1 | | History, John G. Shedd
Aquarium and Adler Planetarium, or at |
2 | | Lakeview Museum of Arts and Sciences
in Peoria, or in |
3 | | connection with the operation of the facilities of the
Chicago |
4 | | Zoological Society or the Chicago Horticultural Society on land
|
5 | | owned by the Forest Preserve District of Cook County,
or on any |
6 | | land used for a golf course or for recreational purposes
owned |
7 | | by the Forest Preserve District of Cook County, subject to the |
8 | | control
of the Forest Preserve District Board of Commissioners |
9 | | and applicable local
law, provided that dram shop liability |
10 | | insurance is provided at
maximum coverage limits so as to hold |
11 | | the
District harmless from all financial loss, damage, and |
12 | | harm,
or in any building
located on land owned by the Chicago |
13 | | Park District if approved by the Park
District Commissioners, |
14 | | or on any land used for a golf course or for
recreational |
15 | | purposes and owned by the Illinois International Port District |
16 | | if
approved by the District's governing board, or at any |
17 | | airport, golf course,
faculty center, or
facility in which |
18 | | conference and convention type activities take place
belonging |
19 | | to or under control of any State university or public community
|
20 | | college district, provided that with respect to a facility for |
21 | | conference
and convention type activities alcoholic liquors |
22 | | shall be limited to the
use of the convention or conference |
23 | | participants or participants
in cultural, political or |
24 | | educational activities held in such facilities,
and provided |
25 | | further that the faculty or staff of the State university or
a |
26 | | public community college district, or members of an |
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1 | | organization of
students, alumni, faculty or staff of the State |
2 | | university or a public
community college district are active |
3 | | participants in the conference
or convention, or in Memorial |
4 | | Stadium on the campus of the University of
Illinois at |
5 | | Urbana-Champaign during games in which the
Chicago Bears |
6 | | professional football team is playing in that stadium during |
7 | | the
renovation of Soldier Field, not more than one and a half |
8 | | hours before the
start of the game and not after the end of the |
9 | | third quarter of the game,
or in the Pavilion Facility on the |
10 | | campus of the University of Illinois at Chicago during games in |
11 | | which the Chicago Storm professional soccer team is playing in |
12 | | that facility, not more than one and a half hours before the |
13 | | start of the game and not after the end of the third quarter of |
14 | | the game, or in the Pavilion Facility on the campus of the |
15 | | University of Illinois at Chicago during games in which the |
16 | | WNBA professional women's basketball team is playing in that |
17 | | facility, not more than one and a half hours before the start |
18 | | of the game and not after the 10-minute mark of the second half |
19 | | of the game, or by a catering establishment which has rented |
20 | | facilities
from a board of trustees of a public community |
21 | | college district, or in a restaurant that is operated by a |
22 | | commercial tenant in the North Campus Parking Deck building |
23 | | that (1) is located at 1201 West University Avenue, Urbana, |
24 | | Illinois and (2) is owned by the Board of Trustees of the |
25 | | University of Illinois, or, if
approved by the District board, |
26 | | on land owned by the Metropolitan Sanitary
District of Greater |
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1 | | Chicago and leased to others for a term of at least
20 years. |
2 | | Nothing in this Section precludes the sale or delivery of
|
3 | | alcoholic liquor in the form of original packaged goods in |
4 | | premises located
at 500 S. Racine in Chicago belonging to the |
5 | | University of Illinois and
used primarily as a grocery store by |
6 | | a commercial tenant during the term of
a lease that predates |
7 | | the University's acquisition of the premises; but the
|
8 | | University shall have no power or authority to renew, transfer, |
9 | | or extend
the lease with terms allowing the sale of alcoholic |
10 | | liquor; and the sale of
alcoholic liquor shall be subject to |
11 | | all local laws and regulations.
After the acquisition by |
12 | | Winnebago County of the property located at 404
Elm Street in |
13 | | Rockford, a commercial tenant who sold alcoholic liquor at
|
14 | | retail on a portion of the property under a valid license at |
15 | | the time of
the acquisition may continue to do so for so long |
16 | | as the tenant and the
County may agree under existing or future |
17 | | leases, subject to all local laws
and regulations regarding the |
18 | | sale of alcoholic liquor. Alcoholic liquors may be delivered to |
19 | | and sold at Memorial Hall, located at 211 North Main Street, |
20 | | Rockford, under conditions approved by Winnebago County and |
21 | | subject to all local laws and regulations regarding the sale of |
22 | | alcoholic liquor. Each
facility shall provide dram shop |
23 | | liability in maximum insurance coverage
limits so as to save |
24 | | harmless the State, municipality, State university,
airport, |
25 | | golf course, faculty center, facility in which conference and
|
26 | | convention type activities take place, park district, Forest |
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1 | | Preserve
District, public community college district, |
2 | | aquarium, museum, or sanitary
district from all financial loss, |
3 | | damage or harm. Alcoholic liquors may be
sold at retail in |
4 | | buildings of golf courses owned by municipalities or Illinois |
5 | | State University in
connection with the operation of an |
6 | | established food serving facility
during times when food is |
7 | | dispensed for consumption upon the premises.
Alcoholic liquors |
8 | | may be delivered to and sold at retail in any building
owned by |
9 | | a fire protection district organized under the Fire Protection
|
10 | | District Act, provided that such delivery and sale is approved |
11 | | by the board
of trustees of the district, and provided further |
12 | | that such delivery and
sale is limited to fundraising events |
13 | | and to a maximum of 6 events per year. However, the limitation |
14 | | to fundraising events and to a maximum of 6 events per year |
15 | | does not apply to the delivery, sale, or manufacture of |
16 | | alcoholic liquors at the building located at 59 Main Street in |
17 | | Oswego, Illinois, owned by the Oswego Fire Protection District |
18 | | if the alcoholic liquor is sold or dispensed as approved by the |
19 | | Oswego Fire Protection District and the property is no longer |
20 | | being utilized for fire protection purposes.
|
21 | | Alcoholic liquors may be served or sold in buildings under |
22 | | the control of the Board of Trustees of the University of |
23 | | Illinois for events that the Board may determine are public |
24 | | events and not related student activities. The Board of |
25 | | Trustees shall issue a written policy within 6 months of August |
26 | | 15, 2008 ( the effective date of Public Act 95-847) this |
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1 | | amendatory Act of the 95th General Assembly concerning the |
2 | | types of events that would be eligible for an exemption. |
3 | | Thereafter, the Board of Trustees may issue revised, updated, |
4 | | new, or amended policies as it deems necessary and appropriate. |
5 | | In preparing its written policy, the Board of Trustees shall, |
6 | | among other factors it considers relevant and important, give |
7 | | consideration to the following: (i) whether the event is a |
8 | | student activity or student related activity; (ii) whether the |
9 | | physical setting of the event is conducive to control of liquor |
10 | | sales and distribution; (iii) the ability of the event operator |
11 | | to ensure that the sale or serving of alcoholic liquors and the |
12 | | demeanor of the participants are in accordance with State law |
13 | | and University policies; (iv) regarding the anticipated |
14 | | attendees at the event, the relative proportion of individuals |
15 | | under the age of 21 to individuals age 21 or older; (v) the |
16 | | ability of the venue operator to prevent the sale or |
17 | | distribution of alcoholic liquors to individuals under the age |
18 | | of 21; (vi) whether the event prohibits participants from |
19 | | removing alcoholic beverages from the venue; and (vii) whether |
20 | | the event prohibits participants from providing their own |
21 | | alcoholic liquors to the venue. In addition, any policy |
22 | | submitted by the Board of Trustees to the Illinois Liquor |
23 | | Control Commission must require that any event at which |
24 | | alcoholic liquors are served or sold in buildings under the |
25 | | control of the Board of Trustees shall require the prior |
26 | | written approval of the Office of the Chancellor for the |
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1 | | University campus where the event is located. The Board of |
2 | | Trustees shall submit its policy, and any subsequently revised, |
3 | | updated, new, or amended policies, to the Illinois Liquor |
4 | | Control Commission, and any University event, or location for |
5 | | an event, exempted under such policies shall apply for a |
6 | | license under the applicable Sections of this Act. |
7 | | Alcoholic liquors may be served or sold in buildings under
|
8 | | the control of the Board of Trustees of Northern Illinois |
9 | | University
for events that the Board may determine are public
|
10 | | events and not student-related activities. The Board of
|
11 | | Trustees shall issue a written policy within 6 months after |
12 | | June 28, 2011 (the
effective date of Public Act 97-45) |
13 | | concerning the types of events that would be eligible
for an |
14 | | exemption. Thereafter, the Board of Trustees may issue
revised, |
15 | | updated, new, or amended policies as it deems
necessary and |
16 | | appropriate. In preparing its written policy, the
Board of |
17 | | Trustees shall, in addition to other factors it considers
|
18 | | relevant and important, give consideration to the following:
|
19 | | (i) whether the event is a student activity or student-related
|
20 | | activity; (ii) whether the physical setting of the event is
|
21 | | conducive to control of liquor sales and distribution; (iii)
|
22 | | the ability of the event operator to ensure that the sale or
|
23 | | serving of alcoholic liquors and the demeanor of the
|
24 | | participants are in accordance with State law and University
|
25 | | policies; (iv) the anticipated attendees at the
event and the |
26 | | relative proportion of individuals under the age of
21 to |
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1 | | individuals age 21 or older; (v) the ability of the venue
|
2 | | operator to prevent the sale or distribution of alcoholic
|
3 | | liquors to individuals under the age of 21; (vi) whether the
|
4 | | event prohibits participants from removing alcoholic beverages
|
5 | | from the venue; and (vii) whether the event prohibits
|
6 | | participants from providing their own alcoholic liquors to the
|
7 | | venue. |
8 | | Alcoholic liquors may be served or sold in buildings under |
9 | | the control of the Board of Trustees of Chicago State |
10 | | University for events that the Board may determine are public |
11 | | events and not student-related activities. The Board of |
12 | | Trustees shall issue a written policy within 6 months after |
13 | | August 2, 2013 (the effective date of Public Act 98-132) |
14 | | concerning the types of events that would be eligible for an |
15 | | exemption. Thereafter, the Board of Trustees may issue revised, |
16 | | updated, new, or amended policies as it deems necessary and |
17 | | appropriate. In preparing its written policy, the Board of |
18 | | Trustees shall, in addition to other factors it considers |
19 | | relevant and important, give consideration to the following: |
20 | | (i) whether the event is a student activity or student-related |
21 | | activity; (ii) whether the physical setting of the event is |
22 | | conducive to control of liquor sales and distribution; (iii) |
23 | | the ability of the event operator to ensure that the sale or |
24 | | serving of alcoholic liquors and the demeanor of the |
25 | | participants are in accordance with State law and University |
26 | | policies; (iv) the anticipated attendees at the event and the |
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1 | | relative proportion of individuals under the age of 21 to |
2 | | individuals age 21 or older; (v) the ability of the venue |
3 | | operator to prevent the sale or distribution of alcoholic |
4 | | liquors to individuals under the age of 21; (vi) whether the |
5 | | event prohibits participants from removing alcoholic beverages |
6 | | from the venue; and (vii) whether the event prohibits |
7 | | participants from providing their own alcoholic liquors to the |
8 | | venue. |
9 | | Alcoholic liquors may be served or sold in buildings under
|
10 | | the control of the Board of Trustees of Illinois State |
11 | | University
for events that the Board may determine are public
|
12 | | events and not student-related activities. The Board of
|
13 | | Trustees shall issue a written policy within 6 months after |
14 | | March 1, 2013 ( the effective date of Public Act 97-1166) this |
15 | | amendatory Act of the 97th General Assembly concerning the |
16 | | types of events that would be eligible
for an exemption. |
17 | | Thereafter, the Board of Trustees may issue
revised, updated, |
18 | | new, or amended policies as it deems
necessary and appropriate. |
19 | | In preparing its written policy, the
Board of Trustees shall, |
20 | | in addition to other factors it considers
relevant and |
21 | | important, give consideration to the following:
(i) whether the |
22 | | event is a student activity or student-related
activity; (ii) |
23 | | whether the physical setting of the event is
conducive to |
24 | | control of liquor sales and distribution; (iii)
the ability of |
25 | | the event operator to ensure that the sale or
serving of |
26 | | alcoholic liquors and the demeanor of the
participants are in |
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1 | | accordance with State law and University
policies; (iv) the |
2 | | anticipated attendees at the
event and the relative proportion |
3 | | of individuals under the age of
21 to individuals age 21 or |
4 | | older; (v) the ability of the venue
operator to prevent the |
5 | | sale or distribution of alcoholic
liquors to individuals under |
6 | | the age of 21; (vi) whether the
event prohibits participants |
7 | | from removing alcoholic beverages
from the venue; and (vii) |
8 | | whether the event prohibits
participants from providing their |
9 | | own alcoholic liquors to the
venue. |
10 | | Alcoholic liquors may be served or sold in buildings under |
11 | | the control of the Board of Trustees of Southern Illinois |
12 | | University for events that the Board may determine are public |
13 | | events and not student-related activities. The Board of |
14 | | Trustees shall issue a written policy within 6 months after |
15 | | August 12, 2016 ( the effective date of Public Act 99-795) this |
16 | | amendatory Act of the 99th General Assembly concerning the |
17 | | types of events that would be eligible for an exemption. |
18 | | Thereafter, the Board of Trustees may issue revised, updated, |
19 | | new, or amended policies as it deems necessary and appropriate. |
20 | | In preparing its written policy, the Board of Trustees shall, |
21 | | in addition to other factors it considers relevant and |
22 | | important, give consideration to the following: (i) whether the |
23 | | event is a student activity or student-related activity; (ii) |
24 | | whether the physical setting of the event is conducive to |
25 | | control of liquor sales and distribution; (iii) the ability of |
26 | | the event operator to ensure that the sale or serving of |
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1 | | alcoholic liquors and the demeanor of the participants are in |
2 | | accordance with State law and University policies; (iv) the |
3 | | anticipated attendees at the event and the relative proportion |
4 | | of individuals under the age of 21 to individuals age 21 or |
5 | | older; (v) the ability of the venue operator to prevent the |
6 | | sale or distribution of alcoholic liquors to individuals under |
7 | | the age of 21; (vi) whether the event prohibits participants |
8 | | from removing alcoholic beverages from the venue; and (vii) |
9 | | whether the event prohibits participants from providing their |
10 | | own alcoholic liquors to the venue. |
11 | | Alcoholic liquors may be served or sold in buildings under |
12 | | the control of the Board of Trustees of a public university for |
13 | | events that the Board of Trustees of that public university may |
14 | | determine are public events and not student-related |
15 | | activities. If the Board of Trustees of a public university has |
16 | | not issued a written policy pursuant to an exemption under this |
17 | | Section on or before July 15, 2016 ( the effective date of |
18 | | Public Act 99-550) this amendatory Act of the 99th General |
19 | | Assembly , then that Board of Trustees shall issue a written |
20 | | policy within 6 months after July 15, 2016 ( the effective date |
21 | | of Public Act 99-550) this amendatory Act of the 99th General |
22 | | Assembly concerning the types of events that would be eligible |
23 | | for an exemption. Thereafter, the Board of Trustees may issue |
24 | | revised, updated, new, or amended policies as it deems |
25 | | necessary and appropriate. In preparing its written policy, the |
26 | | Board of Trustees shall, in addition to other factors it |
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1 | | considers relevant and important, give consideration to the |
2 | | following: (i) whether the event is a student activity or |
3 | | student-related activity; (ii) whether the physical setting of |
4 | | the event is conducive to control of liquor sales and |
5 | | distribution; (iii) the ability of the event operator to ensure |
6 | | that the sale or serving of alcoholic liquors and the demeanor |
7 | | of the participants are in accordance with State law and |
8 | | University policies; (iv) the anticipated attendees at the |
9 | | event and the relative proportion of individuals under the age |
10 | | of 21 to individuals age 21 or older; (v) the ability of the |
11 | | venue operator to prevent the sale or distribution of alcoholic |
12 | | liquors to individuals under the age of 21; (vi) whether the |
13 | | event prohibits participants from removing alcoholic beverages |
14 | | from the venue; and (vii) whether the event prohibits |
15 | | participants from providing their own alcoholic liquors to the |
16 | | venue. As used in this paragraph, "public university" means the |
17 | | University of Illinois, Illinois State University, Chicago |
18 | | State University, Governors State University, Southern |
19 | | Illinois University, Northern Illinois University, Eastern |
20 | | Illinois University, Western Illinois University, and |
21 | | Northeastern Illinois University. |
22 | | Alcoholic liquors may be served or sold in buildings under |
23 | | the control of the Board of Trustees of a community college |
24 | | district for events that the Board of Trustees of that |
25 | | community college district may determine are public events and |
26 | | not student-related activities. The Board of Trustees shall |
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1 | | issue a written policy within 6 months after July 15, 2016 ( the |
2 | | effective date of Public Act 99-550) this amendatory Act of the |
3 | | 99th General Assembly concerning the types of events that would |
4 | | be eligible for an exemption. Thereafter, the Board of Trustees |
5 | | may issue revised, updated, new, or amended policies as it |
6 | | deems necessary and appropriate. In preparing its written |
7 | | policy, the Board of Trustees shall, in addition to other |
8 | | factors it considers relevant and important, give |
9 | | consideration to the following: (i) whether the event is a |
10 | | student activity or student-related activity; (ii) whether the |
11 | | physical setting of the event is conducive to control of liquor |
12 | | sales and distribution; (iii) the ability of the event operator |
13 | | to ensure that the sale or serving of alcoholic liquors and the |
14 | | demeanor of the participants are in accordance with State law |
15 | | and community college district policies; (iv) the anticipated |
16 | | attendees at the event and the relative proportion of |
17 | | individuals under the age of 21 to individuals age 21 or older; |
18 | | (v) the ability of the venue operator to prevent the sale or |
19 | | distribution of alcoholic liquors to individuals under the age |
20 | | of 21; (vi) whether the event prohibits participants from |
21 | | removing alcoholic beverages from the venue; and (vii) whether |
22 | | the event prohibits participants from providing their own |
23 | | alcoholic liquors to the venue. This paragraph does not apply |
24 | | to any community college district authorized to sell or serve |
25 | | alcoholic liquor under any other provision of this Section. |
26 | | Alcoholic liquor may be delivered to and sold at retail in |
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1 | | the
Dorchester Senior Business Center owned by the Village of |
2 | | Dolton if the
alcoholic liquor is sold or dispensed only in |
3 | | connection with organized
functions for which the planned |
4 | | attendance is 20 or more persons, and if
the person or facility |
5 | | selling or dispensing the alcoholic liquor has
provided dram |
6 | | shop liability insurance in maximum limits so as to hold
|
7 | | harmless the Village of Dolton and the State from all financial |
8 | | loss,
damage and harm.
|
9 | | Alcoholic liquors may be delivered to and sold at retail in |
10 | | any
building used as an Illinois State Armory provided:
|
11 | | (i) the Adjutant General's written consent to the |
12 | | issuance of a
license to sell alcoholic liquor in such |
13 | | building is filed with the
Commission;
|
14 | | (ii) the alcoholic liquor is sold or dispensed only in |
15 | | connection
with organized functions held on special |
16 | | occasions;
|
17 | | (iii) the organized function is one for which the |
18 | | planned attendance
is 25 or more persons; and
|
19 | | (iv) the facility selling or dispensing the alcoholic |
20 | | liquors has
provided dram shop liability insurance in |
21 | | maximum limits so as to save
harmless the facility and the |
22 | | State from all financial loss, damage or harm.
|
23 | | Alcoholic liquors may be delivered to and sold at retail in |
24 | | the Chicago
Civic Center, provided that:
|
25 | | (i) the written consent of the Public Building |
26 | | Commission which
administers the Chicago Civic Center is |
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1 | | filed with the Commission;
|
2 | | (ii) the alcoholic liquor is sold or dispensed only in |
3 | | connection with
organized functions held on special |
4 | | occasions;
|
5 | | (iii) the organized function is one for which the |
6 | | planned attendance is
25 or more persons;
|
7 | | (iv) the facility selling or dispensing the alcoholic |
8 | | liquors has
provided dram shop liability insurance in |
9 | | maximum limits so as to hold
harmless the Civic Center, the |
10 | | City of Chicago and the State from all
financial loss, |
11 | | damage or harm; and
|
12 | | (v) all applicable local ordinances are complied with.
|
13 | | Alcoholic liquors may be delivered or sold in any building |
14 | | belonging to
or under the control of any city, village or |
15 | | incorporated town where more
than 75% of the physical |
16 | | properties of the building is used for commercial
or |
17 | | recreational purposes, and the building is located upon a pier |
18 | | extending
into or over the waters of a navigable lake or stream |
19 | | or on the shore of a
navigable lake or stream.
In accordance |
20 | | with a license issued under this Act, alcoholic liquor may be |
21 | | sold, served, or delivered in buildings and facilities under
|
22 | | the control
of the Department of Natural Resources during |
23 | | events or activities lasting no more than 7 continuous days |
24 | | upon the written approval of the
Director of
Natural Resources |
25 | | acting as the controlling government authority. The Director
of
|
26 | | Natural Resources may specify conditions on that approval, |
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| | 10000HB0136ham002 | - 36 - | LRB100 01829 MJP 23393 a |
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1 | | including but not
limited to
requirements for insurance and |
2 | | hours of operation.
Notwithstanding any other provision of this |
3 | | Act, alcoholic liquor sold by a
United States Army Corps of |
4 | | Engineers or Department of Natural
Resources
concessionaire |
5 | | who was operating on June 1, 1991 for on-premises consumption
|
6 | | only is not subject to the provisions of Articles IV and IX. |
7 | | Beer and wine
may be sold on the premises of the Joliet Park |
8 | | District Stadium owned by
the Joliet Park District when written |
9 | | consent to the issuance of a license
to sell beer and wine in |
10 | | such premises is filed with the local liquor
commissioner by |
11 | | the Joliet Park District. Beer and wine may be sold in
|
12 | | buildings on the grounds of State veterans' homes when written |
13 | | consent to
the issuance of a license to sell beer and wine in |
14 | | such buildings is filed
with the Commission by the Department |
15 | | of Veterans' Affairs, and the
facility shall provide dram shop |
16 | | liability in maximum insurance coverage
limits so as to save |
17 | | the facility harmless from all financial loss, damage
or harm. |
18 | | Such liquors may be delivered to and sold at any property owned |
19 | | or
held under lease by a Metropolitan Pier and Exposition |
20 | | Authority or
Metropolitan Exposition and Auditorium Authority.
|
21 | | Beer and wine may be sold and dispensed at professional |
22 | | sporting events
and at professional concerts and other |
23 | | entertainment events conducted on
premises owned by the Forest |
24 | | Preserve District of Kane County, subject to
the control of the |
25 | | District Commissioners and applicable local law,
provided that |
26 | | dram shop liability insurance is provided at maximum coverage
|
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1 | | limits so as to hold the District harmless from all financial |
2 | | loss, damage
and harm.
|
3 | | Nothing in this Section shall preclude the sale or delivery |
4 | | of beer and
wine at a State or county fair or the sale or |
5 | | delivery of beer or wine at a
city fair in any otherwise lawful |
6 | | manner.
|
7 | | Alcoholic liquors may be sold at retail in buildings in |
8 | | State parks
under the control of the Department of Natural |
9 | | Resources,
provided:
|
10 | | a. the State park has overnight lodging facilities with |
11 | | some
restaurant facilities or, not having overnight |
12 | | lodging facilities, has
restaurant facilities which serve |
13 | | complete luncheon and dinner or
supper meals,
|
14 | | b. (blank), and
|
15 | | c. the alcoholic liquors are sold by the State park |
16 | | lodge or
restaurant concessionaire only during the hours |
17 | | from 11 o'clock a.m. until
12 o'clock midnight. |
18 | | Notwithstanding any other provision of this Act,
alcoholic |
19 | | liquor sold by the State park or restaurant concessionaire |
20 | | is not
subject to the provisions of Articles IV and IX.
|
21 | | Alcoholic liquors may be sold at retail in buildings on |
22 | | properties
under the control of the Historic Sites and |
23 | | Preservation Division of the
Historic Preservation
Agency or |
24 | | the Abraham Lincoln Presidential Library and Museum provided:
|
25 | | a. the property has overnight lodging facilities with |
26 | | some restaurant
facilities or, not having overnight |
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1 | | lodging facilities, has restaurant
facilities which serve |
2 | | complete luncheon and dinner or supper meals,
|
3 | | b. consent to the issuance of a license to sell |
4 | | alcoholic liquors in
the buildings has been filed with the |
5 | | commission by the Historic Sites and
Preservation Division
|
6 | | of the Historic
Preservation Agency or the Abraham Lincoln |
7 | | Presidential Library and Museum,
and
|
8 | | c. the alcoholic liquors are sold by the lodge or |
9 | | restaurant
concessionaire only during the hours from 11 |
10 | | o'clock a.m. until 12 o'clock
midnight.
|
11 | | The sale of alcoholic liquors pursuant to this Section does |
12 | | not
authorize the establishment and operation of facilities |
13 | | commonly called
taverns, saloons, bars, cocktail lounges, and |
14 | | the like except as a part
of lodge and restaurant facilities in |
15 | | State parks or golf courses owned
by Forest Preserve Districts |
16 | | with a population of less than 3,000,000 or
municipalities or |
17 | | park districts.
|
18 | | Alcoholic liquors may be sold at retail in the Springfield
|
19 | | Administration Building of the Department of Transportation |
20 | | and the
Illinois State Armory in Springfield; provided, that |
21 | | the controlling
government authority may consent to such sales |
22 | | only if
|
23 | | a. the request is from a not-for-profit organization;
|
24 | | b. such sales would not impede normal operations of the |
25 | | departments
involved;
|
26 | | c. the not-for-profit organization provides dram shop |
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1 | | liability in
maximum insurance coverage limits and agrees |
2 | | to defend, save harmless
and indemnify the State of |
3 | | Illinois from all financial loss, damage or harm;
|
4 | | d. no such sale shall be made during normal working |
5 | | hours of the
State of Illinois; and
|
6 | | e. the consent is in writing.
|
7 | | Alcoholic liquors may be sold at retail in buildings in |
8 | | recreational
areas of river conservancy districts under the |
9 | | control of, or leased
from, the river conservancy districts. |
10 | | Such sales are subject to
reasonable local regulations as |
11 | | provided in Article IV; however, no such
regulations may |
12 | | prohibit or substantially impair the sale of alcoholic
liquors |
13 | | on Sundays or Holidays.
|
14 | | Alcoholic liquors may be provided in long term care |
15 | | facilities owned or
operated by a county under Division 5-21 or |
16 | | 5-22 of the Counties Code,
when approved by the facility |
17 | | operator and not in conflict
with the regulations of the |
18 | | Illinois Department of Public Health, to
residents of the |
19 | | facility who have had their consumption of the alcoholic
|
20 | | liquors provided approved in writing by a physician licensed to |
21 | | practice
medicine in all its branches.
|
22 | | Alcoholic liquors may be delivered to and dispensed in |
23 | | State housing
assigned to employees of the Department of |
24 | | Corrections.
No person shall furnish or allow to be furnished |
25 | | any alcoholic
liquors to any prisoner confined in any jail, |
26 | | reformatory, prison or house
of correction except upon a |
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1 | | physician's prescription for medicinal purposes.
|
2 | | Alcoholic liquors may be sold at retail or dispensed at the |
3 | | Willard Ice
Building in Springfield, at the State Library in |
4 | | Springfield, and at
Illinois State Museum facilities by (1) an
|
5 | | agency of the State, whether legislative, judicial or |
6 | | executive, provided
that such agency first obtains written |
7 | | permission to sell or dispense
alcoholic liquors from the |
8 | | controlling government authority, or by (2) a
not-for-profit |
9 | | organization, provided that such organization:
|
10 | | a. Obtains written consent from the controlling |
11 | | government authority;
|
12 | | b. Sells or dispenses the alcoholic liquors in a manner |
13 | | that does not
impair normal operations of State offices |
14 | | located in the building;
|
15 | | c. Sells or dispenses alcoholic liquors only in |
16 | | connection with an
official activity in the building;
|
17 | | d. Provides, or its catering service provides, dram |
18 | | shop liability
insurance in maximum coverage limits and in |
19 | | which the carrier agrees to
defend, save harmless and |
20 | | indemnify the State of Illinois from all
financial loss, |
21 | | damage or harm arising out of the selling or dispensing of
|
22 | | alcoholic liquors.
|
23 | | Nothing in this Act shall prevent a not-for-profit |
24 | | organization or agency
of the State from employing the services |
25 | | of a catering establishment for
the selling or dispensing of |
26 | | alcoholic liquors at authorized functions.
|
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1 | | The controlling government authority for the Willard Ice |
2 | | Building in
Springfield shall be the Director of the Department |
3 | | of Revenue. The
controlling government authority for Illinois |
4 | | State Museum facilities shall
be the Director of the Illinois |
5 | | State Museum. The controlling government
authority for the |
6 | | State Library in Springfield shall be the Secretary of State.
|
7 | | Alcoholic liquors may be delivered to and sold at retail or |
8 | | dispensed
at any facility, property or building under the |
9 | | jurisdiction of the
Historic Sites and Preservation Division of |
10 | | the
Historic Preservation Agency
or the Abraham
Lincoln |
11 | | Presidential Library and Museum
where the delivery, sale or
|
12 | | dispensing is by (1)
an agency of the State, whether |
13 | | legislative, judicial or executive,
provided that such agency |
14 | | first obtains written permission to sell or
dispense alcoholic |
15 | | liquors from a controlling government authority, or by (2) an |
16 | | individual or organization provided that such individual or |
17 | | organization:
|
18 | | a. Obtains written consent from the controlling |
19 | | government authority;
|
20 | | b. Sells or dispenses the alcoholic liquors in a manner |
21 | | that does not
impair normal workings of State offices or |
22 | | operations located at the
facility, property or building;
|
23 | | c. Sells or dispenses alcoholic liquors only in |
24 | | connection with an
official activity of the individual or |
25 | | organization in the facility,
property or building;
|
26 | | d. Provides, or its catering service provides, dram |
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1 | | shop liability
insurance in maximum coverage limits and in |
2 | | which the carrier agrees to
defend, save harmless and |
3 | | indemnify the State of Illinois from all
financial loss, |
4 | | damage or harm arising out of the selling or dispensing of
|
5 | | alcoholic liquors.
|
6 | | The controlling government authority for the
Historic |
7 | | Sites and Preservation Division of the
Historic Preservation |
8 | | Agency
shall be the Director of the Historic Sites and |
9 | | Preservation, and the
controlling
government authority for the |
10 | | Abraham Lincoln Presidential Library and Museum
shall be the |
11 | | Executive Director of the Abraham Lincoln Presidential Library |
12 | | and Museum.
|
13 | | Alcoholic liquors may be delivered to and sold at retail or |
14 | | dispensed for
consumption at the Michael Bilandic Building at |
15 | | 160 North LaSalle Street,
Chicago IL 60601, after the normal |
16 | | business hours of any day care or child care
facility located |
17 | | in the building, by (1) a commercial tenant or subtenant
|
18 | | conducting business on the premises under a lease made pursuant |
19 | | to Section
405-315 of the Department of Central Management |
20 | | Services Law (20 ILCS
405/405-315), provided that such tenant |
21 | | or subtenant who accepts delivery of,
sells, or dispenses |
22 | | alcoholic liquors shall procure and maintain dram shop
|
23 | | liability insurance in maximum coverage limits and in which the |
24 | | carrier
agrees to defend, indemnify, and save harmless the |
25 | | State of Illinois from
all financial loss, damage, or harm |
26 | | arising out of the delivery, sale, or
dispensing of alcoholic |
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1 | | liquors, or by (2) an agency of the State, whether
legislative, |
2 | | judicial, or executive, provided that such agency first obtains
|
3 | | written permission to accept delivery of and sell or dispense |
4 | | alcoholic liquors
from the Director of Central Management |
5 | | Services, or by (3) a not-for-profit
organization, provided |
6 | | that such organization:
|
7 | | a. obtains written consent from the Department of |
8 | | Central Management
Services;
|
9 | | b. accepts delivery of and sells or dispenses the |
10 | | alcoholic liquors in a
manner that does not impair normal |
11 | | operations of State offices located in the
building;
|
12 | | c. accepts delivery of and sells or dispenses alcoholic |
13 | | liquors only in
connection with an official activity in the |
14 | | building; and
|
15 | | d. provides, or its catering service provides, dram |
16 | | shop liability
insurance in maximum coverage limits and in |
17 | | which the carrier agrees to
defend, save harmless, and |
18 | | indemnify the State of Illinois from all
financial loss, |
19 | | damage, or harm arising out of the selling or dispensing of
|
20 | | alcoholic liquors.
|
21 | | Nothing in this Act shall prevent a not-for-profit |
22 | | organization or agency
of the State from employing the services |
23 | | of a catering establishment for
the selling or dispensing of |
24 | | alcoholic liquors at functions authorized by
the Director of |
25 | | Central Management Services.
|
26 | | Alcoholic liquors may be sold at retail or dispensed at the |
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1 | | James R.
Thompson Center in Chicago, subject to the provisions |
2 | | of Section 7.4 of the
State Property Control Act, and 222 South |
3 | | College Street in Springfield,
Illinois by (1) a commercial |
4 | | tenant or subtenant conducting business on the
premises under a |
5 | | lease or sublease made pursuant to Section 405-315 of the
|
6 | | Department of Central Management Services Law (20 ILCS |
7 | | 405/405-315), provided
that such tenant or subtenant who
sells |
8 | | or dispenses alcoholic liquors shall procure and maintain dram |
9 | | shop
liability insurance in maximum coverage limits and in |
10 | | which the carrier
agrees to defend, indemnify and save harmless |
11 | | the State of Illinois from
all financial loss, damage or harm |
12 | | arising out of the sale or dispensing of
alcoholic liquors, or |
13 | | by (2) an agency of the State, whether legislative,
judicial or |
14 | | executive, provided that such agency first obtains written
|
15 | | permission to sell or dispense alcoholic liquors from the |
16 | | Director of
Central Management Services, or by (3) a |
17 | | not-for-profit organization,
provided that such organization:
|
18 | | a. Obtains written consent from the Department of |
19 | | Central Management
Services;
|
20 | | b. Sells or dispenses the alcoholic liquors in a manner |
21 | | that does not
impair normal operations of State offices |
22 | | located in the building;
|
23 | | c. Sells or dispenses alcoholic liquors only in |
24 | | connection with an
official activity in the building;
|
25 | | d. Provides, or its catering service provides, dram |
26 | | shop liability
insurance in maximum coverage limits and in |
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1 | | which the carrier agrees to
defend, save harmless and |
2 | | indemnify the State of Illinois from all
financial loss, |
3 | | damage or harm arising out of the selling or dispensing of
|
4 | | alcoholic liquors.
|
5 | | Nothing in this Act shall prevent a not-for-profit |
6 | | organization or agency
of the State from employing the services |
7 | | of a catering establishment for
the selling or dispensing of |
8 | | alcoholic liquors at functions authorized by
the Director of |
9 | | Central Management Services.
|
10 | | Alcoholic liquors may be sold or delivered at any facility |
11 | | owned by the
Illinois Sports Facilities Authority provided that |
12 | | dram shop liability
insurance has been made available in a |
13 | | form, with such coverage and in such
amounts as the Authority |
14 | | reasonably determines is necessary.
|
15 | | Alcoholic liquors may be sold at retail or dispensed at the |
16 | | Rockford
State Office Building by (1) an agency of the State, |
17 | | whether legislative,
judicial or executive, provided that such |
18 | | agency first obtains written
permission to sell or dispense |
19 | | alcoholic liquors from the Department of
Central Management |
20 | | Services, or by (2) a not-for-profit organization,
provided |
21 | | that such organization:
|
22 | | a. Obtains written consent from the Department of |
23 | | Central Management
Services;
|
24 | | b. Sells or dispenses the alcoholic liquors in a manner |
25 | | that does not
impair normal operations of State offices |
26 | | located in the building;
|
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1 | | c. Sells or dispenses alcoholic liquors only in |
2 | | connection with an
official activity in the building;
|
3 | | d. Provides, or its catering service provides, dram |
4 | | shop liability
insurance in maximum coverage limits and in |
5 | | which the carrier agrees to defend,
save harmless and |
6 | | indemnify the State of Illinois from all financial loss,
|
7 | | damage or harm arising out of the selling or dispensing of |
8 | | alcoholic liquors.
|
9 | | Nothing in this Act shall prevent a not-for-profit |
10 | | organization or agency
of the State from employing the services |
11 | | of a catering establishment for
the selling or dispensing of |
12 | | alcoholic liquors at functions authorized by
the Department of |
13 | | Central Management Services.
|
14 | | Alcoholic liquors may be sold or delivered in a building |
15 | | that is owned
by McLean County, situated on land owned by the |
16 | | county in the City of
Bloomington, and used by the McLean |
17 | | County Historical Society if the sale
or delivery is approved |
18 | | by an ordinance adopted by the county board, and
the |
19 | | municipality in which the building is located may not prohibit |
20 | | that
sale or delivery, notwithstanding any other provision of |
21 | | this Section. The
regulation of the sale and delivery of |
22 | | alcoholic liquor in a building that
is owned by McLean County, |
23 | | situated on land owned by the county, and used
by the McLean |
24 | | County Historical Society as provided in this paragraph is an
|
25 | | exclusive power and function of the State and is a denial and |
26 | | limitation
under Article VII, Section 6, subsection (h) of the |
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1 | | Illinois Constitution
of the power of a home rule municipality |
2 | | to regulate that sale and delivery.
|
3 | | Alcoholic liquors may be sold or delivered in any building |
4 | | situated on
land held in trust for any school district |
5 | | organized under Article 34 of
the School Code, if the building |
6 | | is not used for school purposes and if the
sale or delivery is |
7 | | approved by the board of education.
|
8 | | Alcoholic liquors may be delivered to and sold at retail in |
9 | | any building owned by a public library district, provided that |
10 | | the delivery and sale is approved by the board of trustees of |
11 | | that public library district and is limited to library |
12 | | fundraising events or programs of a cultural or educational |
13 | | nature. Before the board of trustees of a public library |
14 | | district may approve the delivery and sale of alcoholic |
15 | | liquors, the board of trustees of the public library district |
16 | | must have a written policy that has been approved by the board |
17 | | of trustees of the public library district governing when and |
18 | | under what circumstances alcoholic liquors may be delivered to |
19 | | and sold at retail on property owned by that public library |
20 | | district. The written policy must (i) provide that no alcoholic |
21 | | liquor may be sold, distributed, or consumed in any area of the |
22 | | library accessible to the general public during the event or |
23 | | program, (ii) prohibit the removal of alcoholic liquor from the |
24 | | venue during the event, and (iii) require that steps be taken |
25 | | to prevent the sale or distribution of alcoholic liquor to |
26 | | persons under the age of 21. Any public library district that |
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1 | | has alcoholic liquor delivered to or sold at retail on property |
2 | | owned by the public library district shall provide dram shop |
3 | | liability insurance in maximum insurance coverage limits so as |
4 | | to save harmless the public library districts from all |
5 | | financial loss, damage, or harm. |
6 | | Alcoholic liquors may be sold or delivered in buildings |
7 | | owned
by the Community Building Complex Committee of Boone |
8 | | County,
Illinois if the person or facility selling or |
9 | | dispensing the
alcoholic liquor has provided dram shop |
10 | | liability insurance with coverage and
in amounts that the |
11 | | Committee reasonably determines are necessary.
|
12 | | Alcoholic liquors may be sold or delivered in the building |
13 | | located at
1200 Centerville Avenue in Belleville, Illinois and |
14 | | occupied by either the
Belleville Area Special Education |
15 | | District or the Belleville Area Special
Services
Cooperative. |
16 | | Alcoholic liquors may be delivered to and sold at the Louis |
17 | | Joliet
Renaissance Center, City Center Campus, located at 214 |
18 | | N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts |
19 | | Department facilities, Main Campus, located at
1215 Houbolt |
20 | | Road, Joliet, owned by or under the control of Joliet Junior
|
21 | | College,
Illinois Community College District No. 525.
|
22 | | Alcoholic liquors may be delivered to and sold at Triton |
23 | | College, Illinois Community College District No. 504. |
24 | | Alcoholic liquors may be delivered to and sold at the |
25 | | College of DuPage, Illinois Community College District No. 502. |
26 | | Alcoholic liquors may be delivered to and sold on any |
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1 | | property owned, operated, or controlled by Lewis and Clark |
2 | | Community College, Illinois Community College District No. |
3 | | 536. |
4 | | Alcoholic liquors may be delivered to and sold at the |
5 | | building located at 446 East Hickory Avenue in Apple River, |
6 | | Illinois, owned by the Apple River Fire Protection District, |
7 | | and occupied by the Apple River Community Association if the |
8 | | alcoholic liquor is sold or dispensed only in connection with |
9 | | organized functions approved by the Apple River Community |
10 | | Association for which the planned attendance is 20 or more |
11 | | persons and if the person or facility selling or dispensing the |
12 | | alcoholic liquor has provided dram shop liability insurance in |
13 | | maximum limits so as to hold harmless the Apple River Fire |
14 | | Protection District, the Village of Apple River, and the Apple |
15 | | River Community Association from all financial loss, damage, |
16 | | and harm. |
17 | | Alcoholic liquors may be delivered to and sold at the Sikia |
18 | | Restaurant, Kennedy King College Campus, located at 740 West |
19 | | 63rd Street, Chicago, and at the Food Services in the Great |
20 | | Hall/Washburne Culinary Institute Department facility, Kennedy |
21 | | King College Campus, located at 740 West 63rd Street, Chicago, |
22 | | owned by or under the control of City Colleges of Chicago, |
23 | | Illinois Community College District No. 508.
|
24 | | (Source: P.A. 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; 98-692, |
25 | | eff. 7-1-14; 98-756, eff. 7-16-14; 98-1092, eff. 8-26-14; |
26 | | 99-78, eff. 7-20-15; 99-484, eff. 10-30-15; 99-550, eff. |