093_HB2954eng HB2954 Engrossed 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 HB2954 Engrossed -2- LRB093 03675 LRD 11620 b 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 HB2954 Engrossed -3- LRB093 03675 LRD 11620 b 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 HB2954 Engrossed -4- LRB093 03675 LRD 11620 b 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: HB2954 Engrossed -5- LRB093 03675 LRD 11620 b 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 HB2954 Engrossed -6- LRB093 03675 LRD 11620 b 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. HB2954 Engrossed -7- LRB093 03675 LRD 11620 b 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: HB2954 Engrossed -8- LRB093 03675 LRD 11620 b 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 HB2954 Engrossed -9- LRB093 03675 LRD 11620 b 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 HB2954 Engrossed -10- LRB093 03675 LRD 11620 b 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 HB2954 Engrossed -11- LRB093 03675 LRD 11620 b 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 HB2954 Engrossed -12- LRB093 03675 LRD 11620 b 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 HB2954 Engrossed -13- LRB093 03675 LRD 11620 b 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 HB2954 Engrossed -14- LRB093 03675 LRD 11620 b 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.