SB2824 EngrossedLRB099 18813 RPS 43197 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 6-15 and 6-20 as follows:
 
6    (235 ILCS 5/6-15)  (from Ch. 43, par. 130)
7    Sec. 6-15. No alcoholic liquors shall be sold or delivered
8in any building belonging to or under the control of the State
9or any political subdivision thereof except as provided in this
10Act. The corporate authorities of any city, village,
11incorporated town, township, or county may provide by
12ordinance, however, that alcoholic liquor may be sold or
13delivered in any specifically designated building belonging to
14or under the control of the municipality, township, or county,
15or in any building located on land under the control of the
16municipality, township, or county; provided that such township
17or county complies with all applicable local ordinances in any
18incorporated area of the township or county. Alcoholic liquor
19may be delivered to and sold under the authority of a special
20use permit on any property owned by a conservation district
21organized under the Conservation District Act, provided that
22(i) the alcoholic liquor is sold only at an event authorized by
23the governing board of the conservation district, (ii) the

 

 

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1issuance of the special use permit is authorized by the local
2liquor control commissioner of the territory in which the
3property is located, and (iii) the special use permit
4authorizes the sale of alcoholic liquor for one day or less.
5Alcoholic liquors may be delivered to and sold at any airport
6belonging to or under the control of a municipality of more
7than 25,000 inhabitants, or in any building or on any golf
8course owned by a park district organized under the Park
9District Code, subject to the approval of the governing board
10of the district, or in any building or on any golf course owned
11by a forest preserve district organized under the Downstate
12Forest Preserve District Act, subject to the approval of the
13governing board of the district, or on the grounds within 500
14feet of any building owned by a forest preserve district
15organized under the Downstate Forest Preserve District Act
16during times when food is dispensed for consumption within 500
17feet of the building from which the food is dispensed, subject
18to the approval of the governing board of the district, or in a
19building owned by a Local Mass Transit District organized under
20the Local Mass Transit District Act, subject to the approval of
21the governing Board of the District, or in Bicentennial Park,
22or on the premises of the City of Mendota Lake Park located
23adjacent to Route 51 in Mendota, Illinois, or on the premises
24of Camden Park in Milan, Illinois, or in the community center
25owned by the City of Loves Park that is located at 1000 River
26Park Drive in Loves Park, Illinois, or, in connection with the

 

 

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1operation of an established food serving facility during times
2when food is dispensed for consumption on the premises, and at
3the following aquarium and museums located in public parks: Art
4Institute of Chicago, Chicago Academy of Sciences, Chicago
5Historical Society, Field Museum of Natural History, Museum of
6Science and Industry, DuSable Museum of African American
7History, John G. Shedd Aquarium and Adler Planetarium, or at
8Lakeview Museum of Arts and Sciences in Peoria, or in
9connection with the operation of the facilities of the Chicago
10Zoological Society or the Chicago Horticultural Society on land
11owned by the Forest Preserve District of Cook County, or on any
12land used for a golf course or for recreational purposes owned
13by the Forest Preserve District of Cook County, subject to the
14control of the Forest Preserve District Board of Commissioners
15and applicable local law, provided that dram shop liability
16insurance is provided at maximum coverage limits so as to hold
17the District harmless from all financial loss, damage, and
18harm, or in any building located on land owned by the Chicago
19Park District if approved by the Park District Commissioners,
20or on any land used for a golf course or for recreational
21purposes and owned by the Illinois International Port District
22if approved by the District's governing board, or at any
23airport, golf course, faculty center, or facility in which
24conference and convention type activities take place belonging
25to or under control of any State university or public community
26college district, provided that with respect to a facility for

 

 

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1conference and convention type activities alcoholic liquors
2shall be limited to the use of the convention or conference
3participants or participants in cultural, political or
4educational activities held in such facilities, and provided
5further that the faculty or staff of the State university or a
6public community college district, or members of an
7organization of students, alumni, faculty or staff of the State
8university or a public community college district are active
9participants in the conference or convention, or in Memorial
10Stadium on the campus of the University of Illinois at
11Urbana-Champaign during games in which the Chicago Bears
12professional football team is playing in that stadium during
13the renovation of Soldier Field, not more than one and a half
14hours before the start of the game and not after the end of the
15third quarter of the game, or in the Pavilion Facility on the
16campus of the University of Illinois at Chicago during games in
17which the Chicago Storm professional soccer team is playing in
18that facility, not more than one and a half hours before the
19start of the game and not after the end of the third quarter of
20the game, or in the Pavilion Facility on the campus of the
21University of Illinois at Chicago during games in which the
22WNBA professional women's basketball team is playing in that
23facility, not more than one and a half hours before the start
24of the game and not after the 10-minute mark of the second half
25of the game, or by a catering establishment which has rented
26facilities from a board of trustees of a public community

 

 

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1college district, or in a restaurant that is operated by a
2commercial tenant in the North Campus Parking Deck building
3that (1) is located at 1201 West University Avenue, Urbana,
4Illinois and (2) is owned by the Board of Trustees of the
5University of Illinois, or, if approved by the District board,
6on land owned by the Metropolitan Sanitary District of Greater
7Chicago and leased to others for a term of at least 20 years.
8Nothing in this Section precludes the sale or delivery of
9alcoholic liquor in the form of original packaged goods in
10premises located at 500 S. Racine in Chicago belonging to the
11University of Illinois and used primarily as a grocery store by
12a commercial tenant during the term of a lease that predates
13the University's acquisition of the premises; but the
14University shall have no power or authority to renew, transfer,
15or extend the lease with terms allowing the sale of alcoholic
16liquor; and the sale of alcoholic liquor shall be subject to
17all local laws and regulations. After the acquisition by
18Winnebago County of the property located at 404 Elm Street in
19Rockford, a commercial tenant who sold alcoholic liquor at
20retail on a portion of the property under a valid license at
21the time of the acquisition may continue to do so for so long
22as the tenant and the County may agree under existing or future
23leases, subject to all local laws and regulations regarding the
24sale of alcoholic liquor. Alcoholic liquors may be delivered to
25and sold at Memorial Hall, located at 211 North Main Street,
26Rockford, under conditions approved by Winnebago County and

 

 

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1subject to all local laws and regulations regarding the sale of
2alcoholic liquor. Each facility shall provide dram shop
3liability in maximum insurance coverage limits so as to save
4harmless the State, municipality, State university, airport,
5golf course, faculty center, facility in which conference and
6convention type activities take place, park district, Forest
7Preserve District, public community college district,
8aquarium, museum, or sanitary district from all financial loss,
9damage or harm. Alcoholic liquors may be sold at retail in
10buildings of golf courses owned by municipalities or Illinois
11State University in connection with the operation of an
12established food serving facility during times when food is
13dispensed for consumption upon the premises. Alcoholic liquors
14may be delivered to and sold at retail in any building owned by
15a fire protection district organized under the Fire Protection
16District Act, provided that such delivery and sale is approved
17by the board of trustees of the district, and provided further
18that such delivery and sale is limited to fundraising events
19and to a maximum of 6 events per year. However, the limitation
20to fundraising events and to a maximum of 6 events per year
21does not apply to the delivery, sale, or manufacture of
22alcoholic liquors at the building located at 59 Main Street in
23Oswego, Illinois, owned by the Oswego Fire Protection District
24if the alcoholic liquor is sold or dispensed as approved by the
25Oswego Fire Protection District and the property is no longer
26being utilized for fire protection purposes.

 

 

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1    Alcoholic liquors may be served or sold in buildings under
2the control of the Board of Trustees of the University of
3Illinois for events that the Board may determine are public
4events and not related student activities. The Board of
5Trustees shall issue a written policy within 6 months of the
6effective date of this amendatory Act of the 95th General
7Assembly concerning the types of events that would be eligible
8for an exemption. Thereafter, the Board of Trustees may issue
9revised, updated, new, or amended policies as it deems
10necessary and appropriate. In preparing its written policy, the
11Board of Trustees shall, among other factors it considers
12relevant and important, give consideration to the following:
13(i) whether the event is a student activity or student related
14activity; (ii) whether the physical setting of the event is
15conducive to control of liquor sales and distribution; (iii)
16the ability of the event operator to ensure that the sale or
17serving of alcoholic liquors and the demeanor of the
18participants are in accordance with State law and University
19policies; (iv) regarding the anticipated attendees at the
20event, the relative proportion of individuals under the age of
2121 to individuals age 21 or older; (v) the ability of the venue
22operator to prevent the sale or distribution of alcoholic
23liquors to individuals under the age of 21; (vi) whether the
24event prohibits participants from removing alcoholic beverages
25from the venue; and (vii) whether the event prohibits
26participants from providing their own alcoholic liquors to the

 

 

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1venue. In addition, any policy submitted by the Board of
2Trustees to the Illinois Liquor Control Commission must require
3that any event at which alcoholic liquors are served or sold in
4buildings under the control of the Board of Trustees shall
5require the prior written approval of the Office of the
6Chancellor for the University campus where the event is
7located. The Board of Trustees shall submit its policy, and any
8subsequently revised, updated, new, or amended policies, to the
9Illinois Liquor Control Commission, and any University event,
10or location for an event, exempted under such policies shall
11apply for a license under the applicable Sections of this Act.
12    Alcoholic liquors may be served or sold in buildings under
13the control of the Board of Trustees of Northern Illinois
14University for events that the Board may determine are public
15events and not student-related activities. The Board of
16Trustees shall issue a written policy within 6 months after
17June 28, 2011 (the effective date of Public Act 97-45)
18concerning the types of events that would be eligible for an
19exemption. Thereafter, the Board of Trustees may issue revised,
20updated, new, or amended policies as it deems necessary and
21appropriate. In preparing its written policy, the Board of
22Trustees shall, in addition to other factors it considers
23relevant and important, give consideration to the following:
24(i) whether the event is a student activity or student-related
25activity; (ii) whether the physical setting of the event is
26conducive to control of liquor sales and distribution; (iii)

 

 

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1the ability of the event operator to ensure that the sale or
2serving of alcoholic liquors and the demeanor of the
3participants are in accordance with State law and University
4policies; (iv) the anticipated attendees at the event and the
5relative proportion of individuals under the age of 21 to
6individuals age 21 or older; (v) the ability of the venue
7operator to prevent the sale or distribution of alcoholic
8liquors to individuals under the age of 21; (vi) whether the
9event prohibits participants from removing alcoholic beverages
10from the venue; and (vii) whether the event prohibits
11participants from providing their own alcoholic liquors to the
12venue.
13    Alcoholic liquors may be served or sold in buildings under
14the control of the Board of Trustees of Chicago State
15University for events that the Board may determine are public
16events and not student-related activities. The Board of
17Trustees shall issue a written policy within 6 months after
18August 2, 2013 (the effective date of Public Act 98-132)
19concerning the types of events that would be eligible for an
20exemption. Thereafter, the Board of Trustees may issue revised,
21updated, new, or amended policies as it deems necessary and
22appropriate. In preparing its written policy, the Board of
23Trustees shall, in addition to other factors it considers
24relevant and important, give consideration to the following:
25(i) whether the event is a student activity or student-related
26activity; (ii) whether the physical setting of the event is

 

 

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1conducive to control of liquor sales and distribution; (iii)
2the ability of the event operator to ensure that the sale or
3serving of alcoholic liquors and the demeanor of the
4participants are in accordance with State law and University
5policies; (iv) the anticipated attendees at the event and the
6relative proportion of individuals under the age of 21 to
7individuals age 21 or older; (v) the ability of the venue
8operator to prevent the sale or distribution of alcoholic
9liquors to individuals under the age of 21; (vi) whether the
10event prohibits participants from removing alcoholic beverages
11from the venue; and (vii) whether the event prohibits
12participants from providing their own alcoholic liquors to the
13venue.
14    Alcoholic liquors may be served or sold in buildings under
15the control of the Board of Trustees of Illinois State
16University for events that the Board may determine are public
17events and not student-related activities. The Board of
18Trustees shall issue a written policy within 6 months after the
19effective date of this amendatory Act of the 97th General
20Assembly concerning the types of events that would be eligible
21for an exemption. Thereafter, the Board of Trustees may issue
22revised, updated, new, or amended policies as it deems
23necessary and appropriate. In preparing its written policy, the
24Board of Trustees shall, in addition to other factors it
25considers relevant and important, give consideration to the
26following: (i) whether the event is a student activity or

 

 

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1student-related activity; (ii) whether the physical setting of
2the event is conducive to control of liquor sales and
3distribution; (iii) the ability of the event operator to ensure
4that the sale or serving of alcoholic liquors and the demeanor
5of the participants are in accordance with State law and
6University policies; (iv) the anticipated attendees at the
7event and the relative proportion of individuals under the age
8of 21 to individuals age 21 or older; (v) the ability of the
9venue operator to prevent the sale or distribution of alcoholic
10liquors to individuals under the age of 21; (vi) whether the
11event prohibits participants from removing alcoholic beverages
12from the venue; and (vii) whether the event prohibits
13participants from providing their own alcoholic liquors to the
14venue.
15    Alcoholic liquors may be served or sold in buildings under
16the control of the Board of Trustees of Southern Illinois
17University for events that the Board may determine are public
18events and not student-related activities. The Board of
19Trustees shall issue a written policy within 6 months after the
20effective date of this amendatory Act of the 99th General
21Assembly concerning the types of events that would be eligible
22for an exemption. Thereafter, the Board of Trustees may issue
23revised, updated, new, or amended policies as it deems
24necessary and appropriate. In preparing its written policy, the
25Board of Trustees shall, in addition to other factors it
26considers relevant and important, give consideration to the

 

 

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1following: (i) whether the event is a student activity or
2student-related activity; (ii) whether the physical setting of
3the event is conducive to control of liquor sales and
4distribution; (iii) the ability of the event operator to ensure
5that the sale or serving of alcoholic liquors and the demeanor
6of the participants are in accordance with State law and
7University policies; (iv) the anticipated attendees at the
8event and the relative proportion of individuals under the age
9of 21 to individuals age 21 or older; (v) the ability of the
10venue operator to prevent the sale or distribution of alcoholic
11liquors to individuals under the age of 21; (vi) whether the
12event prohibits participants from removing alcoholic beverages
13from the venue; and (vii) whether the event prohibits
14participants from providing their own alcoholic liquors to the
15venue.
16    Alcoholic liquor may be delivered to and sold at retail in
17the Dorchester Senior Business Center owned by the Village of
18Dolton if the alcoholic liquor is sold or dispensed only in
19connection with organized functions for which the planned
20attendance is 20 or more persons, and if the person or facility
21selling or dispensing the alcoholic liquor has provided dram
22shop liability insurance in maximum limits so as to hold
23harmless the Village of Dolton and the State from all financial
24loss, damage and harm.
25    Alcoholic liquors may be delivered to and sold at retail in
26any 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 in
5    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 alcoholic
10    liquors has provided dram shop liability insurance in
11    maximum limits so as to save harmless the facility and the
12    State from all financial loss, damage or harm.
13    Alcoholic liquors may be delivered to and sold at retail in
14the Chicago Civic Center, provided that:
15        (i) the written consent of the Public Building
16    Commission which administers the Chicago Civic Center is
17    filed with the Commission;
18        (ii) the alcoholic liquor is sold or dispensed only in
19    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;
23        (iv) the facility selling or dispensing the alcoholic
24    liquors has provided dram shop liability insurance in
25    maximum limits so as to hold harmless the Civic Center, the
26    City of Chicago and the State from all financial loss,

 

 

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1    damage or harm; and
2        (v) all applicable local ordinances are complied with.
3    Alcoholic liquors may be delivered or sold in any building
4belonging to or under the control of any city, village or
5incorporated town where more than 75% of the physical
6properties of the building is used for commercial or
7recreational purposes, and the building is located upon a pier
8extending into or over the waters of a navigable lake or stream
9or on the shore of a navigable lake or stream. In accordance
10with a license issued under this Act, alcoholic liquor may be
11sold, served, or delivered in buildings and facilities under
12the control of the Department of Natural Resources during
13events or activities lasting no more than 7 continuous days
14upon the written approval of the Director of Natural Resources
15acting as the controlling government authority. The Director of
16Natural Resources may specify conditions on that approval,
17including but not limited to requirements for insurance and
18hours of operation. Notwithstanding any other provision of this
19Act, alcoholic liquor sold by a United States Army Corps of
20Engineers or Department of Natural Resources concessionaire
21who was operating on June 1, 1991 for on-premises consumption
22only is not subject to the provisions of Articles IV and IX.
23Beer and wine may be sold on the premises of the Joliet Park
24District Stadium owned by the Joliet Park District when written
25consent to the issuance of a license to sell beer and wine in
26such premises is filed with the local liquor commissioner by

 

 

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1the Joliet Park District. Beer and wine may be sold in
2buildings on the grounds of State veterans' homes when written
3consent to the issuance of a license to sell beer and wine in
4such buildings is filed with the Commission by the Department
5of Veterans' Affairs, and the facility shall provide dram shop
6liability in maximum insurance coverage limits so as to save
7the facility harmless from all financial loss, damage or harm.
8Such liquors may be delivered to and sold at any property owned
9or held under lease by a Metropolitan Pier and Exposition
10Authority or Metropolitan Exposition and Auditorium Authority.
11    Beer and wine may be sold and dispensed at professional
12sporting events and at professional concerts and other
13entertainment events conducted on premises owned by the Forest
14Preserve District of Kane County, subject to the control of the
15District Commissioners and applicable local law, provided that
16dram shop liability insurance is provided at maximum coverage
17limits so as to hold the District harmless from all financial
18loss, damage and harm.
19    Nothing in this Section shall preclude the sale or delivery
20of beer and wine at a State or county fair or the sale or
21delivery of beer or wine at a city fair in any otherwise lawful
22manner.
23    Alcoholic liquors may be sold at retail in buildings in
24State parks under the control of the Department of Natural
25Resources, provided:
26        a. the State park has overnight lodging facilities with

 

 

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1    some restaurant facilities or, not having overnight
2    lodging facilities, has restaurant facilities which serve
3    complete luncheon and dinner or supper meals,
4        b. (blank), and
5        c. the alcoholic liquors are sold by the State park
6    lodge or restaurant concessionaire only during the hours
7    from 11 o'clock a.m. until 12 o'clock midnight.
8    Notwithstanding any other provision of this Act, alcoholic
9    liquor sold by the State park or restaurant concessionaire
10    is not subject to the provisions of Articles IV and IX.
11    Alcoholic liquors may be sold at retail in buildings on
12properties under the control of the Historic Sites and
13Preservation Division of the Historic Preservation Agency or
14the Abraham Lincoln Presidential Library and Museum provided:
15        a. the property has overnight lodging facilities with
16    some restaurant facilities or, not having overnight
17    lodging facilities, has restaurant facilities which serve
18    complete luncheon and dinner or supper meals,
19        b. consent to the issuance of a license to sell
20    alcoholic liquors in the buildings has been filed with the
21    commission by the Historic Sites and Preservation Division
22    of the Historic Preservation Agency or the Abraham Lincoln
23    Presidential Library and Museum, and
24        c. the alcoholic liquors are sold by the lodge or
25    restaurant concessionaire only during the hours from 11
26    o'clock a.m. until 12 o'clock midnight.

 

 

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1    The sale of alcoholic liquors pursuant to this Section does
2not authorize the establishment and operation of facilities
3commonly called taverns, saloons, bars, cocktail lounges, and
4the like except as a part of lodge and restaurant facilities in
5State parks or golf courses owned by Forest Preserve Districts
6with a population of less than 3,000,000 or municipalities or
7park districts.
8    Alcoholic liquors may be sold at retail in the Springfield
9Administration Building of the Department of Transportation
10and the Illinois State Armory in Springfield; provided, that
11the controlling government authority may consent to such sales
12only if
13        a. the request is from a not-for-profit organization;
14        b. such sales would not impede normal operations of the
15    departments involved;
16        c. the not-for-profit organization provides dram shop
17    liability in maximum insurance coverage limits and agrees
18    to defend, save harmless and indemnify the State of
19    Illinois from all financial loss, damage or harm;
20        d. no such sale shall be made during normal working
21    hours of the State of Illinois; and
22        e. the consent is in writing.
23    Alcoholic liquors may be sold at retail in buildings in
24recreational areas of river conservancy districts under the
25control of, or leased from, the river conservancy districts.
26Such sales are subject to reasonable local regulations as

 

 

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1provided in Article IV; however, no such regulations may
2prohibit or substantially impair the sale of alcoholic liquors
3on Sundays or Holidays.
4    Alcoholic liquors may be provided in long term care
5facilities owned or operated by a county under Division 5-21 or
65-22 of the Counties Code, when approved by the facility
7operator and not in conflict with the regulations of the
8Illinois Department of Public Health, to residents of the
9facility who have had their consumption of the alcoholic
10liquors provided approved in writing by a physician licensed to
11practice medicine in all its branches.
12    Alcoholic liquors may be delivered to and dispensed in
13State housing assigned to employees of the Department of
14Corrections. No person shall furnish or allow to be furnished
15any alcoholic liquors to any prisoner confined in any jail,
16reformatory, prison or house of correction except upon a
17physician's prescription for medicinal purposes.
18    Alcoholic liquors may be sold at retail or dispensed at the
19Willard Ice Building in Springfield, at the State Library in
20Springfield, and at Illinois State Museum facilities by (1) an
21agency of the State, whether legislative, judicial or
22executive, provided that such agency first obtains written
23permission to sell or dispense alcoholic liquors from the
24controlling government authority, or by (2) a not-for-profit
25organization, provided that such organization:
26        a. Obtains written consent from the controlling

 

 

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1    government authority;
2        b. Sells or dispenses the alcoholic liquors in a manner
3    that does not impair normal operations of State offices
4    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 in
9    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 of
12    alcoholic liquors.
13    Nothing in this Act shall prevent a not-for-profit
14organization or agency of the State from employing the services
15of a catering establishment for the selling or dispensing of
16alcoholic liquors at authorized functions.
17    The controlling government authority for the Willard Ice
18Building in Springfield shall be the Director of the Department
19of Revenue. The controlling government authority for Illinois
20State Museum facilities shall be the Director of the Illinois
21State Museum. The controlling government authority for the
22State Library in Springfield shall be the Secretary of State.
23    Alcoholic liquors may be delivered to and sold at retail or
24dispensed at any facility, property or building under the
25jurisdiction of the Historic Sites and Preservation Division of
26the Historic Preservation Agency or the Abraham Lincoln

 

 

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1Presidential Library and Museum where the delivery, sale or
2dispensing is by (1) an agency of the State, whether
3legislative, judicial or executive, provided that such agency
4first obtains written permission to sell or dispense alcoholic
5liquors from a controlling government authority, or by (2) an
6individual or organization provided that such individual or
7organization:
8        a. Obtains written consent from the controlling
9    government authority;
10        b. Sells or dispenses the alcoholic liquors in a manner
11    that does not impair normal workings of State offices or
12    operations located at the facility, property or building;
13        c. Sells or dispenses alcoholic liquors only in
14    connection with an official activity of the individual or
15    organization in the facility, property or building;
16        d. Provides, or its catering service provides, dram
17    shop liability insurance in maximum coverage limits and in
18    which the carrier agrees to defend, save harmless and
19    indemnify the State of Illinois from all financial loss,
20    damage or harm arising out of the selling or dispensing of
21    alcoholic liquors.
22    The controlling government authority for the Historic
23Sites and Preservation Division of the Historic Preservation
24Agency shall be the Director of the Historic Sites and
25Preservation, and the controlling government authority for the
26Abraham Lincoln Presidential Library and Museum shall be the

 

 

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1Director of the Abraham Lincoln Presidential Library and
2Museum.
3    Alcoholic liquors may be delivered to and sold at retail or
4dispensed for consumption at the Michael Bilandic Building at
5160 North LaSalle Street, Chicago IL 60601, after the normal
6business hours of any day care or child care facility located
7in the building, by (1) a commercial tenant or subtenant
8conducting business on the premises under a lease made pursuant
9to Section 405-315 of the Department of Central Management
10Services Law (20 ILCS 405/405-315), provided that such tenant
11or subtenant who accepts delivery of, sells, or dispenses
12alcoholic liquors shall procure and maintain dram shop
13liability insurance in maximum coverage limits and in which the
14carrier agrees to defend, indemnify, and save harmless the
15State of Illinois from all financial loss, damage, or harm
16arising out of the delivery, sale, or dispensing of alcoholic
17liquors, or by (2) an agency of the State, whether legislative,
18judicial, or executive, provided that such agency first obtains
19written permission to accept delivery of and sell or dispense
20alcoholic liquors from the Director of Central Management
21Services, or by (3) a not-for-profit organization, provided
22that 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

 

 

SB2824 Engrossed- 22 -LRB099 18813 RPS 43197 b

1    operations of State offices located in the building;
2        c. accepts delivery of and sells or dispenses alcoholic
3    liquors only in connection with an official activity in the
4    building; and
5        d. provides, or its catering service provides, dram
6    shop liability insurance in maximum coverage limits and in
7    which the carrier agrees to defend, save harmless, and
8    indemnify the State of Illinois from all financial loss,
9    damage, or harm arising out of the selling or dispensing of
10    alcoholic liquors.
11    Nothing in this Act shall prevent a not-for-profit
12organization or agency of the State from employing the services
13of a catering establishment for the selling or dispensing of
14alcoholic liquors at functions authorized by the Director of
15Central Management Services.
16    Alcoholic liquors may be sold at retail or dispensed at the
17James R. Thompson Center in Chicago, subject to the provisions
18of Section 7.4 of the State Property Control Act, and 222 South
19College Street in Springfield, Illinois by (1) a commercial
20tenant or subtenant conducting business on the premises under a
21lease or sublease made pursuant to Section 405-315 of the
22Department of Central Management Services Law (20 ILCS
23405/405-315), provided that such tenant or subtenant who sells
24or dispenses alcoholic liquors shall procure and maintain dram
25shop liability insurance in maximum coverage limits and in
26which the carrier agrees to defend, indemnify and save harmless

 

 

SB2824 Engrossed- 23 -LRB099 18813 RPS 43197 b

1the State of Illinois from all financial loss, damage or harm
2arising out of the sale or dispensing of alcoholic liquors, or
3by (2) an agency of the State, whether legislative, judicial or
4executive, provided that such agency first obtains written
5permission to sell or dispense alcoholic liquors from the
6Director of Central Management Services, or by (3) a
7not-for-profit organization, provided that such organization:
8        a. Obtains written consent from the Department of
9    Central Management Services;
10        b. Sells or dispenses the alcoholic liquors in a manner
11    that does not impair normal operations of State offices
12    located in the building;
13        c. Sells or dispenses alcoholic liquors only in
14    connection with an official activity in the building;
15        d. Provides, or its catering service provides, dram
16    shop liability insurance in maximum coverage limits and in
17    which the carrier agrees to defend, save harmless and
18    indemnify the State of Illinois from all financial loss,
19    damage or harm arising out of the selling or dispensing of
20    alcoholic liquors.
21    Nothing in this Act shall prevent a not-for-profit
22organization or agency of the State from employing the services
23of a catering establishment for the selling or dispensing of
24alcoholic liquors at functions authorized by the Director of
25Central Management Services.
26    Alcoholic liquors may be sold or delivered at any facility

 

 

SB2824 Engrossed- 24 -LRB099 18813 RPS 43197 b

1owned by the Illinois Sports Facilities Authority provided that
2dram shop liability insurance has been made available in a
3form, with such coverage and in such amounts as the Authority
4reasonably determines is necessary.
5    Alcoholic liquors may be sold at retail or dispensed at the
6Rockford State Office Building by (1) an agency of the State,
7whether legislative, judicial or executive, provided that such
8agency first obtains written permission to sell or dispense
9alcoholic liquors from the Department of Central Management
10Services, or by (2) a not-for-profit organization, provided
11that 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 manner
15    that does not impair normal operations of State offices
16    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 in
21    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 of
24    alcoholic liquors.
25    Nothing in this Act shall prevent a not-for-profit
26organization or agency of the State from employing the services

 

 

SB2824 Engrossed- 25 -LRB099 18813 RPS 43197 b

1of a catering establishment for the selling or dispensing of
2alcoholic liquors at functions authorized by the Department of
3Central Management Services.
4    Alcoholic liquors may be sold or delivered in a building
5that is owned by McLean County, situated on land owned by the
6county in the City of Bloomington, and used by the McLean
7County Historical Society if the sale or delivery is approved
8by an ordinance adopted by the county board, and the
9municipality in which the building is located may not prohibit
10that sale or delivery, notwithstanding any other provision of
11this Section. The regulation of the sale and delivery of
12alcoholic liquor in a building that is owned by McLean County,
13situated on land owned by the county, and used by the McLean
14County Historical Society as provided in this paragraph is an
15exclusive power and function of the State and is a denial and
16limitation under Article VII, Section 6, subsection (h) of the
17Illinois Constitution of the power of a home rule municipality
18to regulate that sale and delivery.
19    Alcoholic liquors may be sold or delivered in any building
20situated on land held in trust for any school district
21organized under Article 34 of the School Code, if the building
22is not used for school purposes and if the sale or delivery is
23approved by the board of education.
24    Alcoholic liquors may be delivered to and sold at retail in
25any building owned by the Six Mile Regional Library District,
26provided that the delivery and sale is approved by the board of

 

 

SB2824 Engrossed- 26 -LRB099 18813 RPS 43197 b

1trustees of the Six Mile Regional Library District and the
2delivery and sale is limited to a maximum of 6 library district
3events per year. The Six Mile Regional Library District shall
4provide dram shop liability in maximum insurance coverage
5limits so as to save harmless the library district from all
6financial loss, damage, or harm.
7    Alcoholic liquors may be sold or delivered in buildings
8owned by the Community Building Complex Committee of Boone
9County, Illinois if the person or facility selling or
10dispensing the alcoholic liquor has provided dram shop
11liability insurance with coverage and in amounts that the
12Committee reasonably determines are necessary.
13    Alcoholic liquors may be sold or delivered in the building
14located at 1200 Centerville Avenue in Belleville, Illinois and
15occupied by either the Belleville Area Special Education
16District or the Belleville Area Special Services Cooperative.
17    Alcoholic liquors may be delivered to and sold at the Louis
18Joliet Renaissance Center, City Center Campus, located at 214
19N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
20Department facilities, Main Campus, located at 1215 Houbolt
21Road, Joliet, owned by or under the control of Joliet Junior
22College, Illinois Community College District No. 525.
23    Alcoholic liquors may be delivered to and sold at Triton
24College, Illinois Community College District No. 504.
25    Alcoholic liquors may be delivered to and sold at the
26College of DuPage, Illinois Community College District No. 502.

 

 

SB2824 Engrossed- 27 -LRB099 18813 RPS 43197 b

1    Alcoholic liquors may be delivered to and sold on any
2property owned, operated, or controlled by Lewis and Clark
3Community College, Illinois Community College District No.
4536.
5    Alcoholic liquors may be delivered to and sold at the
6building located at 446 East Hickory Avenue in Apple River,
7Illinois, owned by the Apple River Fire Protection District,
8and occupied by the Apple River Community Association if the
9alcoholic liquor is sold or dispensed only in connection with
10organized functions approved by the Apple River Community
11Association for which the planned attendance is 20 or more
12persons and if the person or facility selling or dispensing the
13alcoholic liquor has provided dram shop liability insurance in
14maximum limits so as to hold harmless the Apple River Fire
15Protection District, the Village of Apple River, and the Apple
16River Community Association from all financial loss, damage,
17and harm.
18    Alcoholic liquors may be delivered to and sold at the Sikia
19Restaurant, Kennedy King College Campus, located at 740 West
2063rd Street, Chicago, and at the Food Services in the Great
21Hall/Washburne Culinary Institute Department facility, Kennedy
22King College Campus, located at 740 West 63rd Street, Chicago,
23owned by or under the control of City Colleges of Chicago,
24Illinois Community College District No. 508.
25(Source: P.A. 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; 98-692,
26eff. 7-1-14; 98-756, eff. 7-16-14; 98-1092, eff. 8-26-14;

 

 

SB2824 Engrossed- 28 -LRB099 18813 RPS 43197 b

199-78, eff. 7-20-15; 99-484, eff. 10-30-15.)
 
2    (235 ILCS 5/6-20)  (from Ch. 43, par. 134a)
3    (Text of Section before amendment by P.A. 99-447)
4    Sec. 6-20. Transfer, possession, and consumption of
5alcoholic liquor; restrictions.
6    (a) Any person to whom the sale, gift or delivery of any
7alcoholic liquor is prohibited because of age shall not
8purchase, or accept a gift of such alcoholic liquor or have
9such alcoholic liquor in his possession.
10    (b) If a licensee or his or her agents or employees
11believes or has reason to believe that a sale or delivery of
12any alcoholic liquor is prohibited because of the non-age of
13the prospective recipient, he or she shall, before making such
14sale or delivery demand presentation of some form of positive
15identification, containing proof of age, issued by a public
16officer in the performance of his or her official duties.
17    (c) No person shall transfer, alter, or deface such an
18identification card; use the identification card of another;
19carry or use a false or forged identification card; or obtain
20an identification card by means of false information.
21    (d) No person shall purchase, accept delivery or have
22possession of alcoholic liquor in violation of this Section.
23    (e) The consumption of alcoholic liquor by any person under
2421 years of age is forbidden.
25    (f) Whoever violates any provisions of this Section shall

 

 

SB2824 Engrossed- 29 -LRB099 18813 RPS 43197 b

1be guilty of a Class A misdemeanor.
2    (g) The possession and dispensing, or consumption by a
3person under 21 years of age of alcoholic liquor in the
4performance of a religious service or ceremony, or the
5consumption by a person under 21 years of age under the direct
6supervision and approval of the parents or parent or those
7persons standing in loco parentis of such person under 21 years
8of age in the privacy of a home, is not prohibited by this Act.
9    (h) The provisions of this Act prohibiting the possession
10of alcoholic liquor by a person under 21 years of age and
11dispensing of alcoholic liquor to a person under 21 years of
12age do not apply in the case of a student under 21 years of age,
13but 18 years of age or older, who:
14        (1) tastes, but does not imbibe, alcoholic liquor only
15    during times of a regularly scheduled course while under
16    the direct supervision of an instructor who is at least 21
17    years of age and employed by an educational institution
18    described in subdivision (2);
19        (2) is enrolled as a student in a college, university,
20    or post-secondary educational institution that is
21    accredited or certified by an agency recognized by the
22    United States Department of Education or a nationally
23    recognized accrediting agency or association, or that has a
24    permit of approval issued by the Board of Higher Education
25    pursuant to the Private Business and Vocational Schools Act
26    of 2012;

 

 

SB2824 Engrossed- 30 -LRB099 18813 RPS 43197 b

1        (3) is participating in a culinary arts, fermentation
2    science, food service, or restaurant management degree
3    program of which a portion of the program includes
4    instruction on responsible alcoholic beverage serving
5    methods modeled after the Beverage Alcohol Sellers and
6    Server Education and Training (BASSET) curriculum; and
7        (4) tastes, but does not imbibe, alcoholic liquor for
8    instructional purposes up to, but not exceeding, 6 times
9    per class as a part of a required course in which the
10    student temporarily possesses alcoholic liquor for
11    tasting, not imbibing, purposes only in a class setting on
12    the campus and, thereafter, the alcoholic liquor is
13    possessed and remains under the control of the instructor.
14(Source: P.A. 97-1058, eff. 8-24-12.)
 
15    (Text of Section after amendment by P.A. 99-447)
16    Sec. 6-20. Transfer, possession, and consumption of
17alcoholic liquor; restrictions.
18    (a) Any person to whom the sale, gift or delivery of any
19alcoholic liquor is prohibited because of age shall not
20purchase, or accept a gift of such alcoholic liquor or have
21such alcoholic liquor in his possession.
22    (b) If a licensee or his or her agents or employees
23believes or has reason to believe that a sale or delivery of
24any alcoholic liquor is prohibited because of the non-age of
25the prospective recipient, he or she shall, before making such

 

 

SB2824 Engrossed- 31 -LRB099 18813 RPS 43197 b

1sale or delivery demand presentation of some form of positive
2identification, containing proof of age, issued by a public
3officer in the performance of his or her official duties.
4    (c) No person shall transfer, alter, or deface such an
5identification card; use the identification card of another;
6carry or use a false or forged identification card; or obtain
7an identification card by means of false information.
8    (d) No person shall purchase, accept delivery or have
9possession of alcoholic liquor in violation of this Section.
10    (e) The consumption of alcoholic liquor by any person under
1121 years of age is forbidden.
12    (f) Whoever violates any provisions of this Section shall
13be guilty of a Class A misdemeanor.
14    (g) The possession and dispensing, or consumption by a
15person under 21 years of age of alcoholic liquor in the
16performance of a religious service or ceremony, or the
17consumption by a person under 21 years of age under the direct
18supervision and approval of the parents or parent or those
19persons standing in loco parentis of such person under 21 years
20of age in the privacy of a home, is not prohibited by this Act.
21    (h) The provisions of this Act prohibiting the possession
22of alcoholic liquor by a person under 21 years of age and
23dispensing of alcoholic liquor to a person under 21 years of
24age do not apply in the case of a student under 21 years of age,
25but 18 years of age or older, who:
26        (1) tastes, but does not imbibe, alcoholic liquor only

 

 

SB2824 Engrossed- 32 -LRB099 18813 RPS 43197 b

1    during times of a regularly scheduled course while under
2    the direct supervision of an instructor who is at least 21
3    years of age and employed by an educational institution
4    described in subdivision (2);
5        (2) is enrolled as a student in a college, university,
6    or post-secondary educational institution that is
7    accredited or certified by an agency recognized by the
8    United States Department of Education or a nationally
9    recognized accrediting agency or association, or that has a
10    permit of approval issued by the Board of Higher Education
11    pursuant to the Private Business and Vocational Schools Act
12    of 2012;
13        (3) is participating in a culinary arts, fermentation
14    science, food service, or restaurant management degree
15    program of which a portion of the program includes
16    instruction on responsible alcoholic beverage serving
17    methods modeled after the Beverage Alcohol Sellers and
18    Server Education and Training (BASSET) curriculum; and
19        (4) tastes, but does not imbibe, alcoholic liquor for
20    instructional purposes up to, but not exceeding, 6 times
21    per class as a part of a required course in which the
22    student temporarily possesses alcoholic liquor for
23    tasting, not imbibing, purposes only in a class setting on
24    the campus and, thereafter, the alcoholic liquor is
25    possessed and remains under the control of the instructor.
26    (i) A law enforcement officer may not charge or otherwise

 

 

SB2824 Engrossed- 33 -LRB099 18813 RPS 43197 b

1take a person into custody based solely on the commission of an
2offense that involves alcohol and violates subsection (d) or
3(e) of this Section if the law enforcement officer, after
4making a reasonable determination and considering the facts and
5surrounding circumstances, reasonably believes that all of the
6following apply:
7        (1) The law enforcement officer has contact with the
8    person because that person either:
9            (A) requested emergency medical assistance for an
10        individual who reasonably appeared to be in need of
11        medical assistance due to alcohol consumption; or
12            (B) acted in concert with another person who
13        requested emergency medical assistance for an
14        individual who reasonably appeared to be in need of
15        medical assistance due to alcohol consumption;
16        however, the provisions of this subparagraph (B) shall
17        not apply to more than 3 persons acting in concert for
18        any one occurrence.
19        (2) The person described in subparagraph (A) or (B) of
20    paragraph (1) of this subsection (i):
21            (A) provided his or her full name and any other
22        relevant information requested by the law enforcement
23        officer;
24            (B) remained at the scene with the individual who
25        reasonably appeared to be in need of medical assistance
26        due to alcohol consumption until emergency medical

 

 

SB2824 Engrossed- 34 -LRB099 18813 RPS 43197 b

1        assistance personnel arrived; and
2            (C) cooperated with emergency medical assistance
3        personnel and law enforcement officers at the scene.
4    (j) A person who meets the criteria of paragraphs (1) and
5(2) of subsection (i) of this Section shall be immune from
6criminal liability for an offense under subsection (d) or (e)
7of this Section.
8    (k) A person may not initiate an action against a law
9enforcement officer based on the officer's compliance or
10failure to comply with subsection (i) of this Section, except
11for willful or wanton misconduct.
12(Source: P.A. 99-447, eff. 6-1-16.)
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.