093_HB2954sam001
LRB093 03675 NHT 15717 a
1 AMENDMENT TO HOUSE BILL 2954
2 AMENDMENT NO. . Amend House Bill 2954 by replacing
3 everything after the enacting clause with the following:
4 "AN ACT in relation to alcoholic liquor."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Liquor Control Act of 1934 is amended by
8 changing Section 6-15 as follows:
9 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
10 Sec. 6-15. No alcoholic liquors shall be sold or
11 delivered in any building belonging to or under the control
12 of the State or any political subdivision thereof except as
13 provided in this Act. The corporate authorities of any city,
14 village, incorporated town or township may provide by
15 ordinance, however, that alcoholic liquor may be sold or
16 delivered in any specifically designated building belonging
17 to or under the control of the municipality or township, or
18 in any building located on land under the control of the
19 municipality; provided that such township complies with all
20 applicable local ordinances in any incorporated area of the
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1 township. Alcoholic liquors may be delivered to and sold at
2 any airport belonging to or under the control of a
3 municipality of more than 25,000 inhabitants, or in any
4 building or on any golf course owned by a park district
5 organized under the Park District Code, subject to the
6 approval of the governing board of the district, or in any
7 building or on any golf course owned by a forest preserve
8 district organized under the Downstate Forest Preserve
9 District Act, subject to the approval of the governing board
10 of the district, or on the grounds within 500 feet of any
11 building owned by a forest preserve district organized under
12 the Downstate Forest Preserve District Act during times when
13 food is dispensed for consumption within 500 feet of the
14 building from which the food is dispensed, subject to the
15 approval of the governing board of the district, or in a
16 building owned by a Local Mass Transit District organized
17 under the Local Mass Transit District Act, subject to the
18 approval of the governing Board of the District, or in
19 Bicentennial Park, or on the premises of the City of Mendota
20 Lake Park located adjacent to Route 51 in Mendota, Illinois,
21 or on the premises of Camden Park in Milan, Illinois, or in
22 the community center owned by the City of Loves Park that is
23 located at 1000 River Park Drive in Loves Park, Illinois, or,
24 in connection with the operation of an established food
25 serving facility during times when food is dispensed for
26 consumption on the premises, and at the following aquarium
27 and museums located in public parks: Art Institute of
28 Chicago, Chicago Academy of Sciences, Chicago Historical
29 Society, Field Museum of Natural History, Museum of Science
30 and Industry, DuSable Museum of African American History,
31 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
32 Museum of Arts and Sciences in Peoria, or in connection with
33 the operation of the facilities of the Chicago Zoological
34 Society or the Chicago Horticultural Society on land owned by
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1 the Forest Preserve District of Cook County, or on any land
2 used for a golf course or for recreational purposes owned by
3 the Forest Preserve District of Cook County, subject to the
4 control of the Forest Preserve District Board of
5 Commissioners and applicable local law, provided that dram
6 shop liability insurance is provided at maximum coverage
7 limits so as to hold the District harmless from all financial
8 loss, damage, and harm, or in any building located on land
9 owned by the Chicago Park District if approved by the Park
10 District Commissioners, or on any land used for a golf course
11 or for recreational purposes and owned by the Illinois
12 International Port District if approved by the District's
13 governing board, or at any airport, golf course, faculty
14 center, or facility in which conference and convention type
15 activities take place belonging to or under control of any
16 State university or public community college district,
17 provided that with respect to a facility for conference and
18 convention type activities alcoholic liquors shall be limited
19 to the use of the convention or conference participants or
20 participants in cultural, political or educational activities
21 held in such facilities, and provided further that the
22 faculty or staff of the State university or a public
23 community college district, or members of an organization of
24 students, alumni, faculty or staff of the State university or
25 a public community college district are active participants
26 in the conference or convention, or in Memorial Stadium on
27 the campus of the University of Illinois at Urbana-Champaign
28 during games in which the Chicago Bears professional football
29 team is playing in that stadium during the renovation of
30 Soldier Field, not more than one and a half hours before the
31 start of the game and not after the end of the third quarter
32 of the game, or by a catering establishment which has rented
33 facilities from a board of trustees of a public community
34 college district, or, if approved by the District board, on
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1 land owned by the Metropolitan Sanitary District of Greater
2 Chicago and leased to others for a term of at least 20 years.
3 Nothing in this Section precludes the sale or delivery of
4 alcoholic liquor in the form of original packaged goods in
5 premises located at 500 S. Racine in Chicago belonging to the
6 University of Illinois and used primarily as a grocery store
7 by a commercial tenant during the term of a lease that
8 predates the University's acquisition of the premises; but
9 the University shall have no power or authority to renew,
10 transfer, or extend the lease with terms allowing the sale of
11 alcoholic liquor; and the sale of alcoholic liquor shall be
12 subject to all local laws and regulations. After the
13 acquisition by Winnebago County of the property located at
14 404 Elm Street in Rockford, a commercial tenant who sold
15 alcoholic liquor at retail on a portion of the property under
16 a valid license at the time of the acquisition may continue
17 to do so for so long as the tenant and the County may agree
18 under existing or future leases, subject to all local laws
19 and regulations regarding the sale of alcoholic liquor. Each
20 facility shall provide dram shop liability in maximum
21 insurance coverage limits so as to save harmless the State,
22 municipality, State university, airport, golf course, faculty
23 center, facility in which conference and convention type
24 activities take place, park district, Forest Preserve
25 District, public community college district, aquarium,
26 museum, or sanitary district from all financial loss, damage
27 or harm. Alcoholic liquors may be sold at retail in buildings
28 of golf courses owned by municipalities in connection with
29 the operation of an established food serving facility during
30 times when food is dispensed for consumption upon the
31 premises. Alcoholic liquors may be delivered to and sold at
32 retail in any building owned by a fire protection district
33 organized under the Fire Protection District Act, provided
34 that such delivery and sale is approved by the board of
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1 trustees of the district, and provided further that such
2 delivery and sale is limited to fundraising events and to a
3 maximum of 6 events per year.
4 Alcoholic liquor may be delivered to and sold at retail
5 in the Dorchester Senior Business Center owned by the Village
6 of Dolton if the alcoholic liquor is sold or dispensed only
7 in connection with organized functions for which the planned
8 attendance is 20 or more persons, and if the person or
9 facility selling or dispensing the alcoholic liquor has
10 provided dram shop liability insurance in maximum limits so
11 as to hold harmless the Village of Dolton and the State from
12 all financial loss, damage and harm.
13 Alcoholic liquors may be delivered to and sold at retail
14 in any building used as an Illinois State Armory provided:
15 (i) the Adjutant General's written consent to the
16 issuance of a license to sell alcoholic liquor in such
17 building is filed with the Commission;
18 (ii) the alcoholic liquor is sold or dispensed only
19 in connection with organized functions held on special
20 occasions;
21 (iii) the organized function is one for which the
22 planned attendance is 25 or more persons; and
23 (iv) the facility selling or dispensing the
24 alcoholic liquors has provided dram shop liability
25 insurance in maximum limits so as to save harmless the
26 facility and the State from all financial loss, damage or
27 harm.
28 Alcoholic liquors may be delivered to and sold at retail
29 in the Chicago Civic Center, provided that:
30 (i) the written consent of the Public Building
31 Commission which administers the Chicago Civic Center is
32 filed with the Commission;
33 (ii) the alcoholic liquor is sold or dispensed only
34 in connection with organized functions held on special
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1 occasions;
2 (iii) the organized function is one for which the
3 planned attendance is 25 or more persons;
4 (iv) the facility selling or dispensing the
5 alcoholic liquors has provided dram shop liability
6 insurance in maximum limits so as to hold harmless the
7 Civic Center, the City of Chicago and the State from all
8 financial loss, damage or harm; and
9 (v) all applicable local ordinances are complied
10 with.
11 Alcoholic liquors may be delivered or sold in any
12 building belonging to or under the control of any city,
13 village or incorporated town where more than 75% of the
14 physical properties of the building is used for commercial or
15 recreational purposes, and the building is located upon a
16 pier extending into or over the waters of a navigable lake or
17 stream or on the shore of a navigable lake or stream.
18 Alcoholic liquor may be sold in buildings under the control
19 of the Department of Natural Resources when written consent
20 to the issuance of a license to sell alcoholic liquor in such
21 buildings is filed with the Commission by the Department of
22 Natural Resources. Notwithstanding any other provision of
23 this Act, alcoholic liquor sold by a United States Army Corps
24 of Engineers or Department of Natural Resources
25 concessionaire who was operating on June 1, 1991 for
26 on-premises consumption only is not subject to the provisions
27 of Articles IV and IX. Beer and wine may be sold on the
28 premises of the Joliet Park District Stadium owned by the
29 Joliet Park District when written consent to the issuance of
30 a license to sell beer and wine in such premises is filed
31 with the local liquor commissioner by the Joliet Park
32 District. Beer and wine may be sold in buildings on the
33 grounds of State veterans' homes when written consent to the
34 issuance of a license to sell beer and wine in such buildings
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1 is filed with the Commission by the Department of Veterans'
2 Affairs, and the facility shall provide dram shop liability
3 in maximum insurance coverage limits so as to save the
4 facility harmless from all financial loss, damage or harm.
5 Such liquors may be delivered to and sold at any property
6 owned or held under lease by a Metropolitan Pier and
7 Exposition Authority or Metropolitan Exposition and
8 Auditorium Authority.
9 Beer and wine may be sold and dispensed at professional
10 sporting events and at professional concerts and other
11 entertainment events conducted on premises owned by the
12 Forest Preserve District of Kane County, subject to the
13 control of the District Commissioners and applicable local
14 law, provided that dram shop liability insurance is provided
15 at maximum coverage limits so as to hold the District
16 harmless from all financial loss, damage and harm.
17 Nothing in this Section shall preclude the sale or
18 delivery of beer and wine at a State or county fair or the
19 sale or delivery of beer or wine at a city fair in any
20 otherwise lawful manner.
21 Alcoholic liquors may be sold at retail in buildings in
22 State parks under the control of the Department of Natural
23 Resources, provided:
24 a. the State park has overnight lodging facilities
25 with some restaurant facilities or, not having overnight
26 lodging facilities, has restaurant facilities which serve
27 complete luncheon and dinner or supper meals,
28 b. consent to the issuance of a license to sell
29 alcoholic liquors in the buildings has been filed with
30 the commission by the Department of Natural Resources,
31 and
32 c. the alcoholic liquors are sold by the State park
33 lodge or restaurant concessionaire only during the hours
34 from 11 o'clock a.m. until 12 o'clock midnight.
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1 Notwithstanding any other provision of this Act,
2 alcoholic liquor sold by the State park or restaurant
3 concessionaire is not subject to the provisions of
4 Articles IV and IX.
5 Alcoholic liquors may be sold at retail in buildings on
6 properties under the control of the Historic Sites and
7 Preservation Division of the Historic Preservation Agency or
8 the Abraham Lincoln Presidential Library and Museum provided:
9 a. the property has overnight lodging facilities
10 with some restaurant facilities or, not having overnight
11 lodging facilities, has restaurant facilities which serve
12 complete luncheon and dinner or supper meals,
13 b. consent to the issuance of a license to sell
14 alcoholic liquors in the buildings has been filed with
15 the commission by the Historic Sites and Preservation
16 Division of the Historic Preservation Agency or the
17 Abraham Lincoln Presidential Library and Museum, and
18 c. the alcoholic liquors are sold by the lodge or
19 restaurant concessionaire only during the hours from 11
20 o'clock a.m. until 12 o'clock midnight.
21 The sale of alcoholic liquors pursuant to this Section
22 does not authorize the establishment and operation of
23 facilities commonly called taverns, saloons, bars, cocktail
24 lounges, and the like except as a part of lodge and
25 restaurant facilities in State parks or golf courses owned by
26 Forest Preserve Districts with a population of less than
27 3,000,000 or municipalities or park districts.
28 Alcoholic liquors may be sold at retail in the
29 Springfield Administration Building of the Department of
30 Transportation and the Illinois State Armory in Springfield;
31 provided, that the controlling government authority may
32 consent to such sales only if
33 a. the request is from a not-for-profit
34 organization;
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1 b. such sales would not impede normal operations of
2 the departments involved;
3 c. the not-for-profit organization provides dram
4 shop liability in maximum insurance coverage limits and
5 agrees to defend, save harmless and indemnify the State
6 of Illinois from all financial loss, damage or harm;
7 d. no such sale shall be made during normal working
8 hours of the State of Illinois; and
9 e. the consent is in writing.
10 Alcoholic liquors may be sold at retail in buildings in
11 recreational areas of river conservancy districts under the
12 control of, or leased from, the river conservancy districts.
13 Such sales are subject to reasonable local regulations as
14 provided in Article IV; however, no such regulations may
15 prohibit or substantially impair the sale of alcoholic
16 liquors on Sundays or Holidays.
17 Alcoholic liquors may be provided in long term care
18 facilities owned or operated by a county under Division 5-21
19 or 5-22 of the Counties Code, when approved by the facility
20 operator and not in conflict with the regulations of the
21 Illinois Department of Public Health, to residents of the
22 facility who have had their consumption of the alcoholic
23 liquors provided approved in writing by a physician licensed
24 to practice medicine in all its branches.
25 Alcoholic liquors may be delivered to and dispensed in
26 State housing assigned to employees of the Department of
27 Corrections. No person shall furnish or allow to be furnished
28 any alcoholic liquors to any prisoner confined in any jail,
29 reformatory, prison or house of correction except upon a
30 physician's prescription for medicinal purposes.
31 Alcoholic liquors may be sold at retail or dispensed at
32 the Willard Ice Building in Springfield, at the State Library
33 in Springfield, at the Springfield headquarters of the
34 Department of Natural Resources, and at Illinois State Museum
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1 facilities by (1) an agency of the State, whether
2 legislative, judicial or executive, provided that such agency
3 first obtains written permission to sell or dispense
4 alcoholic liquors from the controlling government authority,
5 or by (2) a not-for-profit organization, provided that such
6 organization:
7 a. Obtains written consent from the controlling
8 government authority;
9 b. Sells or dispenses the alcoholic liquors in a
10 manner that does not impair normal operations of State
11 offices located in the building;
12 c. Sells or dispenses alcoholic liquors only in
13 connection with an official activity in the building;
14 d. Provides, or its catering service provides, dram
15 shop liability insurance in maximum coverage limits and
16 in which the carrier agrees to defend, save harmless and
17 indemnify the State of Illinois from all financial loss,
18 damage or harm arising out of the selling or dispensing
19 of alcoholic liquors.
20 Nothing in this Act shall prevent a not-for-profit
21 organization or agency of the State from employing the
22 services of a catering establishment for the selling or
23 dispensing of alcoholic liquors at authorized functions.
24 The controlling government authority for the Willard Ice
25 Building in Springfield shall be the Director of the
26 Department of Revenue. The controlling government authority
27 for the Springfield headquarters of the Department of Natural
28 Resources shall be the Director of Natural Resources. The
29 controlling government authority for Illinois State Museum
30 facilities shall be the Director of the Illinois State
31 Museum. The controlling government authority for the State
32 Library in Springfield shall be the Secretary of State.
33 Alcoholic liquors may be delivered to and sold at retail
34 or dispensed at any facility, property or building under the
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1 jurisdiction of the Historic Sites and Preservation Division
2 of the Historic Preservation Agency or the Abraham Lincoln
3 Presidential Library and Museum where the delivery, sale or
4 dispensing is by (1) an agency of the State, whether
5 legislative, judicial or executive, provided that such agency
6 first obtains written permission to sell or dispense
7 alcoholic liquors from a controlling government authority, or
8 by (2) a not-for-profit organization provided that such
9 organization:
10 a. Obtains written consent from the controlling
11 government authority;
12 b. Sells or dispenses the alcoholic liquors in a
13 manner that does not impair normal workings of State
14 offices or operations located at the facility, property
15 or building;
16 c. Sells or dispenses alcoholic liquors only in
17 connection with an official activity of the
18 not-for-profit organization in the facility, property or
19 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 The controlling government authority for the Historic
27 Sites and Preservation Division of the Historic Preservation
28 Agency shall be the Director of the Historic Sites and
29 Preservation, and the controlling government authority for
30 the Abraham Lincoln Presidential Library and Museum shall be
31 the Director of the Abraham Lincoln Presidential Library and
32 Museum.
33 Alcoholic liquors may be sold at retail or dispensed at
34 the James R. Thompson Center in Chicago and 222 South College
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1 Street in Springfield, Illinois by (1) a commercial tenant or
2 subtenant conducting business on the premises under a lease
3 made pursuant to Section 405-315 of the Department of Central
4 Management Services Law (20 ILCS 405/405-315), provided that
5 such tenant or subtenant who sells or dispenses alcoholic
6 liquors shall procure and maintain dram shop liability
7 insurance in maximum coverage limits and in which the carrier
8 agrees to defend, indemnify and save harmless the State of
9 Illinois from all financial loss, damage or harm arising out
10 of the sale or dispensing of alcoholic liquors, or by (2) an
11 agency of the State, whether legislative, judicial or
12 executive, provided that such agency first obtains written
13 permission to sell or dispense alcoholic liquors from the
14 Director of Central Management Services, or by (3) a
15 not-for-profit organization, provided that such organization:
16 a. Obtains written consent from the Department of
17 Central Management Services;
18 b. Sells or dispenses the alcoholic liquors in a
19 manner that does not impair normal operations of State
20 offices located in the building;
21 c. Sells or dispenses alcoholic liquors only in
22 connection with an official activity in the building;
23 d. Provides, or its catering service provides, dram
24 shop liability insurance in maximum coverage limits and
25 in which the carrier agrees to defend, save harmless and
26 indemnify the State of Illinois from all financial loss,
27 damage or harm arising out of the selling or dispensing
28 of alcoholic liquors.
29 Nothing in this Act shall prevent a not-for-profit
30 organization or agency of the State from employing the
31 services of a catering establishment for the selling or
32 dispensing of alcoholic liquors at functions authorized by
33 the Director of Central Management Services.
34 Alcoholic liquors may be sold or delivered at any
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1 facility owned by the Illinois Sports Facilities Authority
2 provided that dram shop liability insurance has been made
3 available in a form, with such coverage and in such amounts
4 as the Authority reasonably determines is necessary.
5 Alcoholic liquors may be sold at retail or dispensed at
6 the Rockford State Office Building by (1) an agency of the
7 State, whether legislative, judicial or executive, provided
8 that such agency first obtains written permission to sell or
9 dispense alcoholic liquors from the Department of Central
10 Management Services, or by (2) a not-for-profit organization,
11 provided that such organization:
12 a. Obtains written consent from the Department of
13 Central Management Services;
14 b. Sells or dispenses the alcoholic liquors in a
15 manner that does not impair normal operations of State
16 offices located in the building;
17 c. Sells or dispenses alcoholic liquors only in
18 connection with an official activity in the building;
19 d. Provides, or its catering service provides, dram
20 shop liability insurance in maximum coverage limits and
21 in which the carrier agrees to defend, save harmless and
22 indemnify the State of Illinois from all financial loss,
23 damage or harm arising out of the selling or dispensing
24 of alcoholic liquors.
25 Nothing in this Act shall prevent a not-for-profit
26 organization or agency of the State from employing the
27 services of a catering establishment for the selling or
28 dispensing of alcoholic liquors at functions authorized by
29 the Department of Central Management Services.
30 Alcoholic liquors may be sold or delivered in a building
31 that is owned by McLean County, situated on land owned by the
32 county in the City of Bloomington, and used by the McLean
33 County Historical Society if the sale or delivery is approved
34 by an ordinance adopted by the county board, and the
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1 municipality in which the building is located may not
2 prohibit that sale or delivery, notwithstanding any other
3 provision of this Section. The regulation of the sale and
4 delivery of alcoholic liquor in a building that is owned by
5 McLean County, situated on land owned by the county, and used
6 by the McLean County Historical Society as provided in this
7 paragraph is an exclusive power and function of the State and
8 is a denial and limitation under Article VII, Section 6,
9 subsection (h) of the Illinois Constitution of the power of a
10 home rule municipality to regulate that sale and delivery.
11 Alcoholic liquors may be sold or delivered in any
12 building situated on land held in trust for any school
13 district organized under Article 34 of the School Code, if
14 the building is not used for school purposes and if the sale
15 or delivery is approved by the board of education.
16 Alcoholic liquors may be sold or delivered in buildings
17 owned by the Community Building Complex Committee of Boone
18 County, Illinois if the person or facility selling or
19 dispensing the alcoholic liquor has provided dram shop
20 liability insurance with coverage and in amounts that the
21 Committee reasonably determines are necessary.
22 Alcoholic liquors may be sold or delivered in the
23 building located at 1200 Centerville Avenue in Belleville,
24 Illinois and occupied by either the Belleville Area Special
25 Education District or the Belleville Area Special Services
26 Cooperative.
27 (Source: P.A. 91-239, eff. 1-1-00; 91-922, eff. 7-7-00;
28 92-512, eff. 1-1-02; 92-583, eff. 6-26-02; 92-600, eff.
29 7-1-02; revised 9-3-02.)".