093_HB2954
LRB093 03675 LRD 11620 b
1 AN ACT in relation to alcohol liquor.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Liquor Control Act of 1934 is amended by
5 changing Section 6-15 as follows:
6 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
7 Sec. 6-15. No alcoholic liquors shall be sold or
8 delivered in any building belonging to or under the control
9 of the State or any political subdivision thereof except as
10 provided in this Act. The corporate authorities of any city,
11 village, incorporated town or township may provide by
12 ordinance, however, that alcoholic liquor may be sold or
13 delivered in any specifically designated building belonging
14 to or under the control of the municipality or township, or
15 in any building located on land under the control of the
16 municipality; provided that such township complies with all
17 applicable local ordinances in any incorporated area of the
18 township. Alcoholic liquors may be delivered to and sold at
19 any airport belonging to or under the control of a
20 municipality of more than 25,000 inhabitants, or in any
21 building or on any golf course owned by a park district
22 organized under the Park District Code, subject to the
23 approval of the governing board of the district, or in any
24 building or on any golf course owned by a forest preserve
25 district organized under the Downstate Forest Preserve
26 District Act, subject to the approval of the governing board
27 of the district, or on the grounds within 500 feet of any
28 building owned by a forest preserve district organized under
29 the Downstate Forest Preserve District Act during times when
30 food is dispensed for consumption within 500 feet of the
31 building from which the food is dispensed, subject to the
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1 approval of the governing board of the district, or in a
2 building owned by a Local Mass Transit District organized
3 under the Local Mass Transit District Act, subject to the
4 approval of the governing Board of the District, or in
5 Bicentennial Park, or on the premises of the City of Mendota
6 Lake Park located adjacent to Route 51 in Mendota, Illinois,
7 or on the premises of Camden Park in Milan, Illinois, or in
8 the community center owned by the City of Loves Park that is
9 located at 1000 River Park Drive in Loves Park, Illinois, or,
10 in connection with the operation of an established food
11 serving facility during times when food is dispensed for
12 consumption on the premises, and at the following aquarium
13 and museums located in public parks: Art Institute of
14 Chicago, Chicago Academy of Sciences, Chicago Historical
15 Society, Field Museum of Natural History, Museum of Science
16 and Industry, DuSable Museum of African American History,
17 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
18 Museum of Arts and Sciences in Peoria, or in connection with
19 the operation of the facilities of the Chicago Zoological
20 Society or the Chicago Horticultural Society on land owned by
21 the Forest Preserve District of Cook County, or on any land
22 used for a golf course or for recreational purposes owned by
23 the Forest Preserve District of Cook County, subject to the
24 control of the Forest Preserve District Board of
25 Commissioners and applicable local law, provided that dram
26 shop liability insurance is provided at maximum coverage
27 limits so as to hold the District harmless from all financial
28 loss, damage, and harm, or in any building located on land
29 owned by the Chicago Park District if approved by the Park
30 District Commissioners, or on any land used for a golf course
31 or for recreational purposes and owned by the Illinois
32 International Port District if approved by the District's
33 governing board, or at any airport, golf course, faculty
34 center, or facility in which conference and convention type
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1 activities take place belonging to or under control of any
2 State university or public community college district,
3 provided that with respect to a facility for conference and
4 convention type activities alcoholic liquors shall be limited
5 to the use of the convention or conference participants or
6 participants in cultural, political or educational activities
7 held in such facilities, and provided further that the
8 faculty or staff of the State university or a public
9 community college district, or members of an organization of
10 students, alumni, faculty or staff of the State university or
11 a public community college district are active participants
12 in the conference or convention, or in Memorial Stadium on
13 the campus of the University of Illinois at Urbana-Champaign
14 during games in which the Chicago Bears professional football
15 team is playing in that stadium during the renovation of
16 Soldier Field, not more than one and a half hours before the
17 start of the game and not after the end of the third quarter
18 of the game, or by a catering establishment which has rented
19 facilities from a board of trustees of a public community
20 college district, or, if approved by the District board, on
21 land owned by the Metropolitan Sanitary District of Greater
22 Chicago and leased to others for a term of at least 20 years.
23 Nothing in this Section precludes the sale or delivery of
24 alcoholic liquor in the form of original packaged goods in
25 premises located at 500 S. Racine in Chicago belonging to the
26 University of Illinois and used primarily as a grocery store
27 by a commercial tenant during the term of a lease that
28 predates the University's acquisition of the premises; but
29 the University shall have no power or authority to renew,
30 transfer, or extend the lease with terms allowing the sale of
31 alcoholic liquor; and the sale of alcoholic liquor shall be
32 subject to all local laws and regulations. After the
33 acquisition by Winnebago County of the property located at
34 404 Elm Street in Rockford, a commercial tenant who sold
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1 alcoholic liquor at retail on a portion of the property under
2 a valid license at the time of the acquisition may continue
3 to do so for so long as the tenant and the County may agree
4 under existing or future leases, subject to all local laws
5 and regulations regarding the sale of alcoholic liquor. Each
6 facility shall provide dram shop liability in maximum
7 insurance coverage limits so as to save harmless the State,
8 municipality, State university, airport, golf course, faculty
9 center, facility in which conference and convention type
10 activities take place, park district, Forest Preserve
11 District, public community college district, aquarium,
12 museum, or sanitary district from all financial loss, damage
13 or harm. Alcoholic liquors may be sold at retail in buildings
14 of golf courses owned by municipalities in connection with
15 the operation of an established food serving facility during
16 times when food is dispensed for consumption upon the
17 premises. Alcoholic liquors may be delivered to and sold at
18 retail in any building owned by a fire protection district
19 organized under the Fire Protection District Act, provided
20 that such delivery and sale is approved by the board of
21 trustees of the district, and provided further that such
22 delivery and sale is limited to fundraising events and to a
23 maximum of 6 events per year.
24 Alcoholic liquor may be delivered to and sold at retail
25 in the Dorchester Senior Business Center owned by the Village
26 of Dolton if the alcoholic liquor is sold or dispensed only
27 in connection with organized functions for which the planned
28 attendance is 20 or more persons, and if the person or
29 facility selling or dispensing the alcoholic liquor has
30 provided dram shop liability insurance in maximum limits so
31 as to hold harmless the Village of Dolton and the State from
32 all financial loss, damage and harm.
33 Alcoholic liquors may be delivered to and sold at retail
34 in any building used as an Illinois State Armory provided:
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1 (i) the Adjutant General's written consent to the
2 issuance of a license to sell alcoholic liquor in such
3 building is filed with the Commission;
4 (ii) the alcoholic liquor is sold or dispensed only
5 in connection with organized functions held on special
6 occasions;
7 (iii) the organized function is one for which the
8 planned attendance is 25 or more persons; and
9 (iv) the facility selling or dispensing the
10 alcoholic liquors has provided dram shop liability
11 insurance in maximum limits so as to save harmless the
12 facility and the State from all financial loss, damage or
13 harm.
14 Alcoholic liquors may be delivered to and sold at retail
15 in the Chicago Civic Center, provided that:
16 (i) the written consent of the Public Building
17 Commission which administers the Chicago Civic Center is
18 filed with the Commission;
19 (ii) the alcoholic liquor is sold or dispensed only
20 in connection with organized functions held on special
21 occasions;
22 (iii) the organized function is one for which the
23 planned attendance is 25 or more persons;
24 (iv) the facility selling or dispensing the
25 alcoholic liquors has provided dram shop liability
26 insurance in maximum limits so as to hold harmless the
27 Civic Center, the City of Chicago and the State from all
28 financial loss, damage or harm; and
29 (v) all applicable local ordinances are complied
30 with.
31 Alcoholic liquors may be delivered or sold in any
32 building belonging to or under the control of any city,
33 village or incorporated town where more than 75% of the
34 physical properties of the building is used for commercial or
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1 recreational purposes, and the building is located upon a
2 pier extending into or over the waters of a navigable lake or
3 stream or on the shore of a navigable lake or stream.
4 Alcoholic liquor may be sold in buildings under the control
5 of the Department of Natural Resources when written consent
6 to the issuance of a license to sell alcoholic liquor in such
7 buildings is filed with the Commission by the Department of
8 Natural Resources. Alcoholic liquor may be served or
9 delivered in buildings and facilities under the control of
10 the Department of Natural Resources upon the written approval
11 of the Director of Natural Resources acting as the
12 controlling government authority. The Director of Natural
13 Resources may specify conditions on that approval, including
14 but not limited to requirements for insurance and hours of
15 operation. Notwithstanding any other provision of this Act,
16 alcoholic liquor sold by a United States Army Corps of
17 Engineers or Department of Natural Resources concessionaire
18 who was operating on June 1, 1991 for on-premises consumption
19 only is not subject to the provisions of Articles IV and IX.
20 Beer and wine may be sold on the premises of the Joliet Park
21 District Stadium owned by the Joliet Park District when
22 written consent to the issuance of a license to sell beer and
23 wine in such premises is filed with the local liquor
24 commissioner by the Joliet Park District. Beer and wine may
25 be sold in buildings on the grounds of State veterans' homes
26 when written consent to the issuance of a license to sell
27 beer and wine in such buildings is filed with the Commission
28 by the Department of Veterans' Affairs, and the facility
29 shall provide dram shop liability in maximum insurance
30 coverage limits so as to save the facility harmless from all
31 financial loss, damage or harm. Such liquors may be delivered
32 to and sold at any property owned or held under lease by a
33 Metropolitan Pier and Exposition Authority or Metropolitan
34 Exposition and Auditorium Authority.
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1 Beer and wine may be sold and dispensed at professional
2 sporting events and at professional concerts and other
3 entertainment events conducted on premises owned by the
4 Forest Preserve District of Kane County, subject to the
5 control of the District Commissioners and applicable local
6 law, provided that dram shop liability insurance is provided
7 at maximum coverage limits so as to hold the District
8 harmless from all financial loss, damage and harm.
9 Nothing in this Section shall preclude the sale or
10 delivery of beer and wine at a State or county fair or the
11 sale or delivery of beer or wine at a city fair in any
12 otherwise lawful manner.
13 Alcoholic liquors may be sold at retail in buildings in
14 State parks under the control of the Department of Natural
15 Resources, provided:
16 a. the State park has overnight lodging facilities
17 with some restaurant facilities or, not having overnight
18 lodging facilities, has restaurant facilities which serve
19 complete luncheon and dinner or supper meals,
20 b. consent to the issuance of a license to sell
21 alcoholic liquors in the buildings has been filed with
22 the commission by the Department of Natural Resources,
23 and
24 c. the alcoholic liquors are sold by the State park
25 lodge or restaurant concessionaire only during the hours
26 from 11 o'clock a.m. until 12 o'clock midnight.
27 Notwithstanding any other provision of this Act,
28 alcoholic liquor sold by the State park or restaurant
29 concessionaire is not subject to the provisions of
30 Articles IV and IX.
31 Alcoholic liquors may be sold at retail in buildings on
32 properties under the control of the Historic Sites and
33 Preservation Division of the Historic Preservation Agency or
34 the Abraham Lincoln Presidential Library and Museum provided:
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1 a. the property has overnight lodging facilities
2 with some restaurant facilities or, not having overnight
3 lodging facilities, has restaurant facilities which serve
4 complete luncheon and dinner or supper meals,
5 b. consent to the issuance of a license to sell
6 alcoholic liquors in the buildings has been filed with
7 the commission by the Historic Sites and Preservation
8 Division of the Historic Preservation Agency or the
9 Abraham Lincoln Presidential Library and Museum, and
10 c. the alcoholic liquors are sold by the lodge or
11 restaurant concessionaire only during the hours from 11
12 o'clock a.m. until 12 o'clock midnight.
13 The sale of alcoholic liquors pursuant to this Section
14 does not authorize the establishment and operation of
15 facilities commonly called taverns, saloons, bars, cocktail
16 lounges, and the like except as a part of lodge and
17 restaurant facilities in State parks or golf courses owned by
18 Forest Preserve Districts with a population of less than
19 3,000,000 or municipalities or park districts.
20 Alcoholic liquors may be sold at retail in the
21 Springfield Administration Building of the Department of
22 Transportation and the Illinois State Armory in Springfield;
23 provided, that the controlling government authority may
24 consent to such sales only if
25 a. the request is from a not-for-profit
26 organization;
27 b. such sales would not impede normal operations of
28 the departments involved;
29 c. the not-for-profit organization provides dram
30 shop liability in maximum insurance coverage limits and
31 agrees to defend, save harmless and indemnify the State
32 of Illinois from all financial loss, damage or harm;
33 d. no such sale shall be made during normal working
34 hours of the State of Illinois; and
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1 e. the consent is in writing.
2 Alcoholic liquors may be sold at retail in buildings in
3 recreational areas of river conservancy districts under the
4 control of, or leased from, the river conservancy districts.
5 Such sales are subject to reasonable local regulations as
6 provided in Article IV; however, no such regulations may
7 prohibit or substantially impair the sale of alcoholic
8 liquors on Sundays or Holidays.
9 Alcoholic liquors may be provided in long term care
10 facilities owned or operated by a county under Division 5-21
11 or 5-22 of the Counties Code, when approved by the facility
12 operator and not in conflict with the regulations of the
13 Illinois Department of Public Health, to residents of the
14 facility who have had their consumption of the alcoholic
15 liquors provided approved in writing by a physician licensed
16 to practice medicine in all its branches.
17 Alcoholic liquors may be delivered to and dispensed in
18 State housing assigned to employees of the Department of
19 Corrections. No person shall furnish or allow to be furnished
20 any alcoholic liquors to any prisoner confined in any jail,
21 reformatory, prison or house of correction except upon a
22 physician's prescription for medicinal purposes.
23 Alcoholic liquors may be sold at retail or dispensed at
24 the Willard Ice Building in Springfield, at the State Library
25 in Springfield, and at Illinois State Museum facilities by
26 (1) an agency of the State, whether legislative, judicial or
27 executive, provided that such agency first obtains written
28 permission to sell or dispense alcoholic liquors from the
29 controlling government authority, or by (2) a not-for-profit
30 organization, provided that such organization:
31 a. Obtains written consent from the controlling
32 government authority;
33 b. Sells or dispenses the alcoholic liquors in a
34 manner that does not impair normal operations of State
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1 offices located in the building;
2 c. Sells or dispenses alcoholic liquors only in
3 connection with an official activity in the building;
4 d. Provides, or its catering service provides, dram
5 shop liability insurance in maximum coverage limits and
6 in which the carrier agrees to defend, save harmless and
7 indemnify the State of Illinois from all financial loss,
8 damage or harm arising out of the selling or dispensing
9 of alcoholic liquors.
10 Nothing in this Act shall prevent a not-for-profit
11 organization or agency of the State from employing the
12 services of a catering establishment for the selling or
13 dispensing of alcoholic liquors at authorized functions.
14 The controlling government authority for the Willard Ice
15 Building in Springfield shall be the Director of the
16 Department of Revenue. The controlling government authority
17 for Illinois State Museum facilities shall be the Director of
18 the Illinois State Museum. The controlling government
19 authority for the State Library in Springfield shall be the
20 Secretary of State.
21 Alcoholic liquors may be delivered to and sold at retail
22 or dispensed at any facility, property or building under the
23 jurisdiction of the Historic Sites and Preservation Division
24 of the Historic Preservation Agency or the Abraham Lincoln
25 Presidential Library and Museum where the delivery, sale or
26 dispensing is by (1) an agency of the State, whether
27 legislative, judicial or executive, provided that such agency
28 first obtains written permission to sell or dispense
29 alcoholic liquors from a controlling government authority, or
30 by (2) a not-for-profit organization provided that such
31 organization:
32 a. Obtains written consent from the controlling
33 government authority;
34 b. Sells or dispenses the alcoholic liquors in a
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1 manner that does not impair normal workings of State
2 offices or operations located at the facility, property
3 or building;
4 c. Sells or dispenses alcoholic liquors only in
5 connection with an official activity of the
6 not-for-profit organization in the facility, property or
7 building;
8 d. Provides, or its catering service provides, dram
9 shop liability insurance in maximum coverage limits and
10 in which the carrier agrees to defend, save harmless and
11 indemnify the State of Illinois from all financial loss,
12 damage or harm arising out of the selling or dispensing
13 of alcoholic liquors.
14 The controlling government authority for the Historic
15 Sites and Preservation Division of the Historic Preservation
16 Agency shall be the Director of the Historic Sites and
17 Preservation, and the controlling government authority for
18 the Abraham Lincoln Presidential Library and Museum shall be
19 the Director of the Abraham Lincoln Presidential Library and
20 Museum.
21 Alcoholic liquors may be sold at retail or dispensed at
22 the James R. Thompson Center in Chicago and 222 South College
23 Street in Springfield, Illinois by (1) a commercial tenant or
24 subtenant conducting business on the premises under a lease
25 made pursuant to Section 405-315 of the Department of Central
26 Management Services Law (20 ILCS 405/405-315), provided that
27 such tenant or subtenant who sells or dispenses alcoholic
28 liquors shall procure and maintain dram shop liability
29 insurance in maximum coverage limits and in which the carrier
30 agrees to defend, indemnify and save harmless the State of
31 Illinois from all financial loss, damage or harm arising out
32 of the sale or dispensing of alcoholic liquors, or by (2) an
33 agency of the State, whether legislative, judicial or
34 executive, provided that such agency first obtains written
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1 permission to sell or dispense alcoholic liquors from the
2 Director of Central Management Services, or by (3) a
3 not-for-profit organization, provided that such organization:
4 a. Obtains written consent from the Department of
5 Central Management Services;
6 b. Sells or dispenses the alcoholic liquors in a
7 manner that does not impair normal operations of State
8 offices located in the building;
9 c. Sells or dispenses alcoholic liquors only in
10 connection with an official activity in the building;
11 d. Provides, or its catering service provides, dram
12 shop liability insurance in maximum coverage limits and
13 in which the carrier agrees to defend, save harmless and
14 indemnify the State of Illinois from all financial loss,
15 damage or harm arising out of the selling or dispensing
16 of alcoholic liquors.
17 Nothing in this Act shall prevent a not-for-profit
18 organization or agency of the State from employing the
19 services of a catering establishment for the selling or
20 dispensing of alcoholic liquors at functions authorized by
21 the Director of Central Management Services.
22 Alcoholic liquors may be sold or delivered at any
23 facility owned by the Illinois Sports Facilities Authority
24 provided that dram shop liability insurance has been made
25 available in a form, with such coverage and in such amounts
26 as the Authority reasonably determines is necessary.
27 Alcoholic liquors may be sold at retail or dispensed at
28 the Rockford State Office Building by (1) an agency of the
29 State, whether legislative, judicial or executive, provided
30 that such agency first obtains written permission to sell or
31 dispense alcoholic liquors from the Department of Central
32 Management Services, or by (2) a not-for-profit organization,
33 provided that such organization:
34 a. Obtains written consent from the Department of
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1 Central Management Services;
2 b. Sells or dispenses the alcoholic liquors in a
3 manner that does not impair normal operations of State
4 offices located in the building;
5 c. Sells or dispenses alcoholic liquors only in
6 connection with an official activity in the building;
7 d. Provides, or its catering service provides, dram
8 shop liability insurance in maximum coverage limits and
9 in which the carrier agrees to defend, save harmless and
10 indemnify the State of Illinois from all financial loss,
11 damage or harm arising out of the selling or dispensing
12 of alcoholic liquors.
13 Nothing in this Act shall prevent a not-for-profit
14 organization or agency of the State from employing the
15 services of a catering establishment for the selling or
16 dispensing of alcoholic liquors at functions authorized by
17 the Department of Central Management Services.
18 Alcoholic liquors may be sold or delivered in a building
19 that is owned by McLean County, situated on land owned by the
20 county in the City of Bloomington, and used by the McLean
21 County Historical Society if the sale or delivery is approved
22 by an ordinance adopted by the county board, and the
23 municipality in which the building is located may not
24 prohibit that sale or delivery, notwithstanding any other
25 provision of this Section. The regulation of the sale and
26 delivery of alcoholic liquor in a building that is owned by
27 McLean County, situated on land owned by the county, and used
28 by the McLean County Historical Society as provided in this
29 paragraph is an exclusive power and function of the State and
30 is a denial and limitation under Article VII, Section 6,
31 subsection (h) of the Illinois Constitution of the power of a
32 home rule municipality to regulate that sale and delivery.
33 Alcoholic liquors may be sold or delivered in any
34 building situated on land held in trust for any school
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1 district organized under Article 34 of the School Code, if
2 the building is not used for school purposes and if the sale
3 or delivery is approved by the board of education.
4 Alcoholic liquors may be sold or delivered in buildings
5 owned by the Community Building Complex Committee of Boone
6 County, Illinois if the person or facility selling or
7 dispensing the alcoholic liquor has provided dram shop
8 liability insurance with coverage and in amounts that the
9 Committee reasonably determines are necessary.
10 Alcoholic liquors may be sold or delivered in the
11 building located at 1200 Centerville Avenue in Belleville,
12 Illinois and occupied by either the Belleville Area Special
13 Education District or the Belleville Area Special Services
14 Cooperative.
15 (Source: P.A. 91-239, eff. 1-1-00; 91-922, eff. 7-7-00;
16 92-512, eff. 1-1-02; 92-583, eff. 6-26-02; 92-600, eff.
17 7-1-02; revised 9-3-02.)
18 Section 99. Effective date. This Act takes effect
19 January 1, 2004.