093_HB2201eng
HB2201 Engrossed LRB093 06405 LRD 11042 b
1 AN ACT in relation to alcoholic liquor.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Liquor Control Act of 1934 is amended by
5 changing Sections 5-2 and 6-15 as follows:
6 (235 ILCS 5/5-2) (from Ch. 43, par. 117)
7 Sec. 5-2. All licenses, except a non-beverage user's, a
8 special use permit, and a special event retailer's license,
9 issued by the State Commission, shall be valid from the date
10 of issuance through the last day of the eleventh month that
11 begins after the month in which the license is issued for not
12 to exceed one year after issuance unless sooner revoked or
13 suspended as provided in this Act provided. A non-beverage
14 user's license shall expire only when the quantity of
15 alcoholic liquor which may be purchased under it has been
16 exhausted. A special use permit license and a special event
17 retailer's license (not-for-profit) shall be issued for a
18 specific time period, not to exceed 15 days per licensee per
19 location in any 12 month period. Licenses shall state thereon
20 the class to which they belong, the names of the licensees
21 and the addresses and description of the premises for which
22 they are granted, or in the case of caterer retailers,
23 auctions, railroads, airplanes and boats, a designation
24 thereof by number or name; and shall state the dates of their
25 issuance and expiration.
26 (Source: P.A. 88-91.)
27 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
28 Sec. 6-15. No alcoholic liquors shall be sold or
29 delivered in any building belonging to or under the control
30 of the State or any political subdivision thereof except as
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1 provided in this Act. The corporate authorities of any city,
2 village, incorporated town or township may provide by
3 ordinance, however, that alcoholic liquor may be sold or
4 delivered in any specifically designated building belonging
5 to or under the control of the municipality or township, or
6 in any building located on land under the control of the
7 municipality; provided that such township complies with all
8 applicable local ordinances in any incorporated area of the
9 township. Alcoholic liquors may be delivered to and sold at
10 any airport belonging to or under the control of a
11 municipality of more than 25,000 inhabitants, or in any
12 building or on any golf course owned by a park district
13 organized under the Park District Code, subject to the
14 approval of the governing board of the district, or in any
15 building or on any golf course owned by a forest preserve
16 district organized under the Downstate Forest Preserve
17 District Act, subject to the approval of the governing board
18 of the district, or on the grounds within 500 feet of any
19 building owned by a forest preserve district organized under
20 the Downstate Forest Preserve District Act during times when
21 food is dispensed for consumption within 500 feet of the
22 building from which the food is dispensed, subject to the
23 approval of the governing board of the district, or in a
24 building owned by a Local Mass Transit District organized
25 under the Local Mass Transit District Act, subject to the
26 approval of the governing Board of the District, or in
27 Bicentennial Park, or on the premises of the City of Mendota
28 Lake Park located adjacent to Route 51 in Mendota, Illinois,
29 or on the premises of Camden Park in Milan, Illinois, or in
30 the community center owned by the City of Loves Park that is
31 located at 1000 River Park Drive in Loves Park, Illinois, or,
32 in connection with the operation of an established food
33 serving facility during times when food is dispensed for
34 consumption on the premises, and at the following aquarium
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1 and museums located in public parks: Art Institute of
2 Chicago, Chicago Academy of Sciences, Chicago Historical
3 Society, Field Museum of Natural History, Museum of Science
4 and Industry, DuSable Museum of African American History,
5 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
6 Museum of Arts and Sciences in Peoria, or in connection with
7 the operation of the facilities of the Chicago Zoological
8 Society or the Chicago Horticultural Society on land owned by
9 the Forest Preserve District of Cook County, or on any land
10 used for a golf course or for recreational purposes owned by
11 the Forest Preserve District of Cook County, subject to the
12 control of the Forest Preserve District Board of
13 Commissioners and applicable local law, provided that dram
14 shop liability insurance is provided at maximum coverage
15 limits so as to hold the District harmless from all financial
16 loss, damage, and harm, or in any building located on land
17 owned by the Chicago Park District if approved by the Park
18 District Commissioners, or on any land used for a golf course
19 or for recreational purposes and owned by the Illinois
20 International Port District if approved by the District's
21 governing board, or at any airport, golf course, faculty
22 center, or facility in which conference and convention type
23 activities take place belonging to or under control of any
24 State university or public community college district,
25 provided that with respect to a facility for conference and
26 convention type activities alcoholic liquors shall be limited
27 to the use of the convention or conference participants or
28 participants in cultural, political or educational activities
29 held in such facilities, and provided further that the
30 faculty or staff of the State university or a public
31 community college district, or members of an organization of
32 students, alumni, faculty or staff of the State university or
33 a public community college district are active participants
34 in the conference or convention, or in Memorial Stadium on
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1 the campus of the University of Illinois at Urbana-Champaign
2 during games in which the Chicago Bears professional football
3 team is playing in that stadium during the renovation of
4 Soldier Field, not more than one and a half hours before the
5 start of the game and not after the end of the third quarter
6 of the game, or by a catering establishment which has rented
7 facilities from a board of trustees of a public community
8 college district, or, if approved by the District board, on
9 land owned by the Metropolitan Sanitary District of Greater
10 Chicago and leased to others for a term of at least 20 years.
11 Nothing in this Section precludes the sale or delivery of
12 alcoholic liquor in the form of original packaged goods in
13 premises located at 500 S. Racine in Chicago belonging to the
14 University of Illinois and used primarily as a grocery store
15 by a commercial tenant during the term of a lease that
16 predates the University's acquisition of the premises; but
17 the University shall have no power or authority to renew,
18 transfer, or extend the lease with terms allowing the sale of
19 alcoholic liquor; and the sale of alcoholic liquor shall be
20 subject to all local laws and regulations. After the
21 acquisition by Winnebago County of the property located at
22 404 Elm Street in Rockford, a commercial tenant who sold
23 alcoholic liquor at retail on a portion of the property under
24 a valid license at the time of the acquisition may continue
25 to do so for so long as the tenant and the County may agree
26 under existing or future leases, subject to all local laws
27 and regulations regarding the sale of alcoholic liquor. Each
28 facility shall provide dram shop liability in maximum
29 insurance coverage limits so as to save harmless the State,
30 municipality, State university, airport, golf course, faculty
31 center, facility in which conference and convention type
32 activities take place, park district, Forest Preserve
33 District, public community college district, aquarium,
34 museum, or sanitary district from all financial loss, damage
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1 or harm. Alcoholic liquors may be sold at retail in buildings
2 of golf courses owned by municipalities in connection with
3 the operation of an established food serving facility during
4 times when food is dispensed for consumption upon the
5 premises. Alcoholic liquors may be delivered to and sold at
6 retail in any building owned by a fire protection district
7 organized under the Fire Protection District Act, provided
8 that such delivery and sale is approved by the board of
9 trustees of the district, and provided further that such
10 delivery and sale is limited to fundraising events and to a
11 maximum of 6 events per year.
12 Alcoholic liquor may be delivered to and sold at retail
13 in the Dorchester Senior Business Center owned by the Village
14 of Dolton if the alcoholic liquor is sold or dispensed only
15 in connection with organized functions for which the planned
16 attendance is 20 or more persons, and if the person or
17 facility selling or dispensing the alcoholic liquor has
18 provided dram shop liability insurance in maximum limits so
19 as to hold harmless the Village of Dolton and the State from
20 all financial loss, damage and harm.
21 Alcoholic liquors may be delivered to and sold at retail
22 in any building used as an Illinois State Armory provided:
23 (i) the Adjutant General's written consent to the
24 issuance of a license to sell alcoholic liquor in such
25 building is filed with the Commission;
26 (ii) the alcoholic liquor is sold or dispensed only
27 in connection with organized functions held on special
28 occasions;
29 (iii) the organized function is one for which the
30 planned attendance is 25 or more persons; and
31 (iv) the facility selling or dispensing the
32 alcoholic liquors has provided dram shop liability
33 insurance in maximum limits so as to save harmless the
34 facility and the State from all financial loss, damage or
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1 harm.
2 Alcoholic liquors may be delivered to and sold at retail
3 in the Chicago Civic Center, provided that:
4 (i) the written consent of the Public Building
5 Commission which administers the Chicago Civic Center is
6 filed with the Commission;
7 (ii) the alcoholic liquor is sold or dispensed only
8 in connection with organized functions held on special
9 occasions;
10 (iii) the organized function is one for which the
11 planned attendance is 25 or more persons;
12 (iv) the facility selling or dispensing the
13 alcoholic liquors has provided dram shop liability
14 insurance in maximum limits so as to hold harmless the
15 Civic Center, the City of Chicago and the State from all
16 financial loss, damage or harm; and
17 (v) all applicable local ordinances are complied
18 with.
19 Alcoholic liquors may be delivered or sold in any
20 building belonging to or under the control of any city,
21 village or incorporated town where more than 75% of the
22 physical properties of the building is used for commercial or
23 recreational purposes, and the building is located upon a
24 pier extending into or over the waters of a navigable lake or
25 stream or on the shore of a navigable lake or stream.
26 Alcoholic liquor may be sold in buildings under the control
27 of the Department of Natural Resources when written consent
28 to the issuance of a license to sell alcoholic liquor in such
29 buildings is filed with the Commission by the Department of
30 Natural Resources. Notwithstanding any other provision of
31 this Act, alcoholic liquor sold by a United States Army Corps
32 of Engineers or Department of Natural Resources
33 concessionaire who was operating on June 1, 1991 for
34 on-premises consumption only is not subject to the provisions
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1 of Articles IV and IX. Beer and wine may be sold on the
2 premises of the Joliet Park District Stadium owned by the
3 Joliet Park District when written consent to the issuance of
4 a license to sell beer and wine in such premises is filed
5 with the local liquor commissioner by the Joliet Park
6 District. Beer and wine may be sold in buildings on the
7 grounds of State veterans' homes when written consent to the
8 issuance of a license to sell beer and wine in such buildings
9 is filed with the Commission by the Department of Veterans'
10 Affairs, and the facility shall provide dram shop liability
11 in maximum insurance coverage limits so as to save the
12 facility harmless from all financial loss, damage or harm.
13 Such liquors may be delivered to and sold at any property
14 owned or held under lease by a Metropolitan Pier and
15 Exposition Authority or Metropolitan Exposition and
16 Auditorium Authority.
17 Beer and wine may be sold and dispensed at professional
18 sporting events and at professional concerts and other
19 entertainment events conducted on premises owned by the
20 Forest Preserve District of Kane County, subject to the
21 control of the District Commissioners and applicable local
22 law, provided that dram shop liability insurance is provided
23 at maximum coverage limits so as to hold the District
24 harmless from all financial loss, damage and harm.
25 Nothing in this Section shall preclude the sale or
26 delivery of beer and wine at a State or county fair or the
27 sale or delivery of beer or wine at a city fair in any
28 otherwise lawful manner.
29 Alcoholic liquors may be sold at retail in buildings in
30 State parks under the control of the Department of Natural
31 Resources, provided:
32 a. the State park has overnight lodging facilities
33 with some restaurant facilities or, not having overnight
34 lodging facilities, has restaurant facilities which serve
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1 complete luncheon and dinner or supper meals,
2 b. consent to the issuance of a license to sell
3 alcoholic liquors in the buildings has been filed with
4 the commission by the Department of Natural Resources,
5 and
6 c. the alcoholic liquors are sold by the State park
7 lodge or restaurant concessionaire only during the hours
8 from 11 o'clock a.m. until 12 o'clock midnight.
9 Notwithstanding any other provision of this Act,
10 alcoholic liquor sold by the State park or restaurant
11 concessionaire is not subject to the provisions of
12 Articles IV and IX.
13 Alcoholic liquors may be sold at retail in buildings on
14 properties under the control of the Historic Sites and
15 Preservation Division of the Historic Preservation Agency or
16 the Abraham Lincoln Presidential Library and Museum provided:
17 a. the property has overnight lodging facilities
18 with some restaurant facilities or, not having overnight
19 lodging facilities, has restaurant facilities which serve
20 complete luncheon and dinner or supper meals,
21 b. consent to the issuance of a license to sell
22 alcoholic liquors in the buildings has been filed with
23 the commission by the Historic Sites and Preservation
24 Division of the Historic Preservation Agency or the
25 Abraham Lincoln Presidential Library and Museum, and
26 c. the alcoholic liquors are sold by the lodge or
27 restaurant concessionaire only during the hours from 11
28 o'clock a.m. until 12 o'clock midnight.
29 The sale of alcoholic liquors pursuant to this Section
30 does not authorize the establishment and operation of
31 facilities commonly called taverns, saloons, bars, cocktail
32 lounges, and the like except as a part of lodge and
33 restaurant facilities in State parks or golf courses owned by
34 Forest Preserve Districts with a population of less than
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1 3,000,000 or municipalities or park districts.
2 Alcoholic liquors may be sold at retail in the
3 Springfield Administration Building of the Department of
4 Transportation and the Illinois State Armory in Springfield;
5 provided, that the controlling government authority may
6 consent to such sales only if
7 a. the request is from a not-for-profit
8 organization;
9 b. such sales would not impede normal operations of
10 the departments involved;
11 c. the not-for-profit organization provides dram
12 shop liability in maximum insurance coverage limits and
13 agrees to defend, save harmless and indemnify the State
14 of Illinois from all financial loss, damage or harm;
15 d. no such sale shall be made during normal working
16 hours of the State of Illinois; and
17 e. the consent is in writing.
18 Alcoholic liquors may be sold at retail in buildings in
19 recreational areas of river conservancy districts under the
20 control of, or leased from, the river conservancy districts.
21 Such sales are subject to reasonable local regulations as
22 provided in Article IV; however, no such regulations may
23 prohibit or substantially impair the sale of alcoholic
24 liquors on Sundays or Holidays.
25 Alcoholic liquors may be provided in long term care
26 facilities owned or operated by a county under Division 5-21
27 or 5-22 of the Counties Code, when approved by the facility
28 operator and not in conflict with the regulations of the
29 Illinois Department of Public Health, to residents of the
30 facility who have had their consumption of the alcoholic
31 liquors provided approved in writing by a physician licensed
32 to practice medicine in all its branches.
33 Alcoholic liquors may be delivered to and dispensed in
34 State housing assigned to employees of the Department of
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1 Corrections. No person shall furnish or allow to be furnished
2 any alcoholic liquors to any prisoner confined in any jail,
3 reformatory, prison or house of correction except upon a
4 physician's prescription for medicinal purposes.
5 Alcoholic liquors may be sold at retail or dispensed at
6 the Willard Ice Building in Springfield, at the State Library
7 in Springfield, and at Illinois State Museum facilities by
8 (1) an agency of the State, whether legislative, judicial or
9 executive, provided that such agency first obtains written
10 permission to sell or dispense alcoholic liquors from the
11 controlling government authority, or by (2) a not-for-profit
12 organization, provided that such organization:
13 a. Obtains written consent from the controlling
14 government authority;
15 b. Sells or dispenses the alcoholic liquors in a
16 manner that does not impair normal operations of State
17 offices located in the building;
18 c. Sells or dispenses alcoholic liquors only in
19 connection with an official activity in the building;
20 d. Provides, or its catering service provides, dram
21 shop liability insurance in maximum coverage limits and
22 in which the carrier agrees to defend, save harmless and
23 indemnify the State of Illinois from all financial loss,
24 damage or harm arising out of the selling or dispensing
25 of alcoholic liquors.
26 Nothing in this Act shall prevent a not-for-profit
27 organization or agency of the State from employing the
28 services of a catering establishment for the selling or
29 dispensing of alcoholic liquors at authorized functions.
30 The controlling government authority for the Willard Ice
31 Building in Springfield shall be the Director of the
32 Department of Revenue. The controlling government authority
33 for Illinois State Museum facilities shall be the Director of
34 the Illinois State Museum. The controlling government
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1 authority for the State Library in Springfield shall be the
2 Secretary of State.
3 Alcoholic liquors may be delivered to and sold at retail
4 or dispensed at any facility, property or building under the
5 jurisdiction of the Historic Sites and Preservation Division
6 of the Historic Preservation Agency or the Abraham Lincoln
7 Presidential Library and Museum where the delivery, sale or
8 dispensing is by (1) an agency of the State, whether
9 legislative, judicial or executive, provided that such agency
10 first obtains written permission to sell or dispense
11 alcoholic liquors from a controlling government authority, or
12 by (2) a not-for-profit organization provided that such
13 organization:
14 a. Obtains written consent from the controlling
15 government authority;
16 b. Sells or dispenses the alcoholic liquors in a
17 manner that does not impair normal workings of State
18 offices or operations located at the facility, property
19 or building;
20 c. Sells or dispenses alcoholic liquors only in
21 connection with an official activity of the
22 not-for-profit organization in the facility, property or
23 building;
24 d. Provides, or its catering service provides, dram
25 shop liability insurance in maximum coverage limits and
26 in which the carrier agrees to defend, save harmless and
27 indemnify the State of Illinois from all financial loss,
28 damage or harm arising out of the selling or dispensing
29 of alcoholic liquors.
30 The controlling government authority for the Historic
31 Sites and Preservation Division of the Historic Preservation
32 Agency shall be the Director of the Historic Sites and
33 Preservation, and the controlling government authority for
34 the Abraham Lincoln Presidential Library and Museum shall be
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1 the Director of the Abraham Lincoln Presidential Library and
2 Museum.
3 Alcoholic liquors may be delivered to and sold at retail
4 or dispensed for consumption at the Michael Bilandic Building
5 at 160 North LaSalle Street, Chicago IL 60601, after the
6 normal business hours of any day care or child care facility
7 located in the building, by (1) a commercial tenant or
8 subtenant conducting business on the premises under a lease
9 made pursuant to Section 405-315 of the Department of Central
10 Management Services Law (20 ILCS 405/405-315), provided that
11 such tenant or subtenant who accepts delivery of, sells, or
12 dispenses alcoholic liquors shall procure and maintain dram
13 shop liability insurance in maximum coverage limits and in
14 which the carrier agrees to defend, indemnify, and save
15 harmless the State of Illinois from all financial loss,
16 damage, or harm arising out of the delivery, sale, or
17 dispensing of alcoholic liquors, or by (2) an agency of the
18 State, whether legislative, judicial, or executive, provided
19 that such agency first obtains written permission to accept
20 delivery of and sell or dispense alcoholic liquors from the
21 Director of Central Management Services, or by (3) a
22 not-for-profit organization, provided that such organization:
23 a. obtains written consent from the Department of
24 Central Management Services;
25 b. accepts delivery of and sells or dispenses the
26 alcoholic liquors in a manner that does not impair normal
27 operations of State offices located in the building;
28 c. accepts delivery of and sells or dispenses
29 alcoholic liquors only in connection with an official
30 activity in the building; and
31 d. provides, or its catering service provides, dram
32 shop liability insurance in maximum coverage limits and
33 in which the carrier agrees to defend, save harmless, and
34 indemnify the State of Illinois from all financial loss,
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1 damage, or harm arising out of the selling or dispensing
2 of alcoholic liquors.
3 Nothing in this Act shall prevent a not-for-profit
4 organization or agency of the State from employing the
5 services of a catering establishment for the selling or
6 dispensing of alcoholic liquors at functions authorized by
7 the Director of Central Management Services.
8 Alcoholic liquors may be sold at retail or dispensed at
9 the James R. Thompson Center in Chicago and 222 South College
10 Street in Springfield, Illinois by (1) a commercial tenant or
11 subtenant conducting business on the premises under a lease
12 made pursuant to Section 405-315 of the Department of Central
13 Management Services Law (20 ILCS 405/405-315), provided that
14 such tenant or subtenant who sells or dispenses alcoholic
15 liquors shall procure and maintain dram shop liability
16 insurance in maximum coverage limits and in which the carrier
17 agrees to defend, indemnify and save harmless the State of
18 Illinois from all financial loss, damage or harm arising out
19 of the sale or dispensing of alcoholic liquors, or by (2) an
20 agency of the State, whether legislative, judicial or
21 executive, provided that such agency first obtains written
22 permission to sell or dispense alcoholic liquors from the
23 Director of Central Management Services, or by (3) a
24 not-for-profit organization, provided that such organization:
25 a. Obtains written consent from the Department of
26 Central Management Services;
27 b. Sells or dispenses the alcoholic liquors in a
28 manner that does not impair normal operations of State
29 offices located in the building;
30 c. Sells or dispenses alcoholic liquors only in
31 connection with an official activity in the building;
32 d. Provides, or its catering service provides, dram
33 shop liability insurance in maximum coverage limits and
34 in which the carrier agrees to defend, save harmless and
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1 indemnify the State of Illinois from all financial loss,
2 damage or harm arising out of the selling or dispensing
3 of alcoholic liquors.
4 Nothing in this Act shall prevent a not-for-profit
5 organization or agency of the State from employing the
6 services of a catering establishment for the selling or
7 dispensing of alcoholic liquors at functions authorized by
8 the Director of Central Management Services.
9 Alcoholic liquors may be sold or delivered at any
10 facility owned by the Illinois Sports Facilities Authority
11 provided that dram shop liability insurance has been made
12 available in a form, with such coverage and in such amounts
13 as the Authority reasonably determines is necessary.
14 Alcoholic liquors may be sold at retail or dispensed at
15 the Rockford State Office Building by (1) an agency of the
16 State, whether legislative, judicial or executive, provided
17 that such agency first obtains written permission to sell or
18 dispense alcoholic liquors from the Department of Central
19 Management Services, or by (2) a not-for-profit organization,
20 provided that such organization:
21 a. Obtains written consent from the Department of
22 Central Management Services;
23 b. Sells or dispenses the alcoholic liquors in a
24 manner that does not impair normal operations of State
25 offices located in the building;
26 c. Sells or dispenses alcoholic liquors only in
27 connection with an official activity in the building;
28 d. Provides, or its catering service provides, dram
29 shop liability insurance in maximum coverage limits and
30 in which the carrier agrees to defend, save harmless and
31 indemnify the State of Illinois from all financial loss,
32 damage or harm arising out of the selling or dispensing
33 of alcoholic liquors.
34 Nothing in this Act shall prevent a not-for-profit
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1 organization or agency of the State from employing the
2 services of a catering establishment for the selling or
3 dispensing of alcoholic liquors at functions authorized by
4 the Department of Central Management Services.
5 Alcoholic liquors may be sold or delivered in a building
6 that is owned by McLean County, situated on land owned by the
7 county in the City of Bloomington, and used by the McLean
8 County Historical Society if the sale or delivery is approved
9 by an ordinance adopted by the county board, and the
10 municipality in which the building is located may not
11 prohibit that sale or delivery, notwithstanding any other
12 provision of this Section. The regulation of the sale and
13 delivery of alcoholic liquor in a building that is owned by
14 McLean County, situated on land owned by the county, and used
15 by the McLean County Historical Society as provided in this
16 paragraph is an exclusive power and function of the State and
17 is a denial and limitation under Article VII, Section 6,
18 subsection (h) of the Illinois Constitution of the power of a
19 home rule municipality to regulate that sale and delivery.
20 Alcoholic liquors may be sold or delivered in any
21 building situated on land held in trust for any school
22 district organized under Article 34 of the School Code, if
23 the building is not used for school purposes and if the sale
24 or delivery is approved by the board of education.
25 Alcoholic liquors may be sold or delivered in buildings
26 owned by the Community Building Complex Committee of Boone
27 County, Illinois if the person or facility selling or
28 dispensing the alcoholic liquor has provided dram shop
29 liability insurance with coverage and in amounts that the
30 Committee reasonably determines are necessary.
31 Alcoholic liquors may be sold or delivered in the
32 building located at 1200 Centerville Avenue in Belleville,
33 Illinois and occupied by either the Belleville Area Special
34 Education District or the Belleville Area Special Services
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1 Cooperative.
2 Alcoholic liquors may be delivered to and sold at the
3 Louis Joliet Renaissance Center, City Center Campus, located
4 at 214 N. Ottawa Street, Joliet, and the Food
5 Services/Culinary Arts Department facilities, Main Campus,
6 located at 1215 Houbolt Road, Joliet, owned by or under the
7 control of Joliet Junior College, Illinois Community College
8 District No. 525.
9 (Source: P.A. 91-239, eff. 1-1-00; 91-922, eff. 7-7-00;
10 92-512, eff. 1-1-02; 92-583, eff. 6-26-02; 92-600, eff.
11 7-1-02; revised 9-3-02.)