Illinois General Assembly - Full Text of SB0327
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Full Text of SB0327  94th General Assembly

SB0327enr 94TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning alcoholic liquor.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Liquor Control Act of 1934 is amended by
5 changing 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 delivered
8 in any building belonging to or under the control of the State
9 or any political subdivision thereof except as provided in this
10 Act. The corporate authorities of any city, village,
11 incorporated town or township may provide by ordinance,
12 however, that alcoholic liquor may be sold or delivered in any
13 specifically designated building belonging to or under the
14 control of the municipality or township, or in any building
15 located on land under the control of the municipality; provided
16 that such township complies with all applicable local
17 ordinances in any incorporated area of the township. Alcoholic
18 liquor may be delivered to and sold under the authority of a
19 special use permit on any property owned by a conservation
20 district organized under the Conservation District Act,
21 provided that (i) the alcoholic liquor is sold only at an event
22 authorized by the governing board of the conservation district,
23 (ii) the issuance of the special use permit is authorized by
24 the local liquor control commissioner of the territory in which
25 the property is located, and (iii) the special use permit
26 authorizes the sale of alcoholic liquor for one day or less.
27 Alcoholic liquors may be delivered to and sold at any airport
28 belonging to or under the control of a municipality of more
29 than 25,000 inhabitants, or in any building or on any golf
30 course owned by a park district organized under the Park
31 District Code, subject to the approval of the governing board
32 of the district, or in any building or on any golf course owned

 

 

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1 by a forest preserve district organized under the Downstate
2 Forest Preserve District Act, subject to the approval of the
3 governing board of the district, or on the grounds within 500
4 feet of any building owned by a forest preserve district
5 organized under the Downstate Forest Preserve District Act
6 during times when food is dispensed for consumption within 500
7 feet of the building from which the food is dispensed, subject
8 to the approval of the governing board of the district, or in a
9 building owned by a Local Mass Transit District organized under
10 the Local Mass Transit District Act, subject to the approval of
11 the governing Board of the District, or in Bicentennial Park,
12 or on the premises of the City of Mendota Lake Park located
13 adjacent to Route 51 in Mendota, Illinois, or on the premises
14 of Camden Park in Milan, Illinois, or in the community center
15 owned by the City of Loves Park that is located at 1000 River
16 Park Drive in Loves Park, Illinois, or, in connection with the
17 operation of an established food serving facility during times
18 when food is dispensed for consumption on the premises, and at
19 the following aquarium and museums located in public parks: Art
20 Institute of Chicago, Chicago Academy of Sciences, Chicago
21 Historical Society, Field Museum of Natural History, Museum of
22 Science and Industry, DuSable Museum of African American
23 History, John G. Shedd Aquarium and Adler Planetarium, or at
24 Lakeview Museum of Arts and Sciences in Peoria, or in
25 connection with the operation of the facilities of the Chicago
26 Zoological Society or the Chicago Horticultural Society on land
27 owned by the Forest Preserve District of Cook County, or on any
28 land used for a golf course or for recreational purposes owned
29 by the Forest Preserve District of Cook County, subject to the
30 control of the Forest Preserve District Board of Commissioners
31 and applicable local law, provided that dram shop liability
32 insurance is provided at maximum coverage limits so as to hold
33 the District harmless from all financial loss, damage, and
34 harm, or in any building located on land owned by the Chicago
35 Park District if approved by the Park District Commissioners,
36 or on any land used for a golf course or for recreational

 

 

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1 purposes and owned by the Illinois International Port District
2 if approved by the District's governing board, or at any
3 airport, golf course, faculty center, or facility in which
4 conference and convention type activities take place belonging
5 to or under control of any State university or public community
6 college district, provided that with respect to a facility for
7 conference and convention type activities alcoholic liquors
8 shall be limited to the use of the convention or conference
9 participants or participants in cultural, political or
10 educational activities held in such facilities, and provided
11 further that the faculty or staff of the State university or a
12 public community college district, or members of an
13 organization of students, alumni, faculty or staff of the State
14 university or a public community college district are active
15 participants in the conference or convention, or in Memorial
16 Stadium on the campus of the University of Illinois at
17 Urbana-Champaign during games in which the Chicago Bears
18 professional football team is playing in that stadium during
19 the renovation of Soldier Field, not more than one and a half
20 hours before the start of the game and not after the end of the
21 third quarter of the game, or by a catering establishment which
22 has rented facilities from a board of trustees of a public
23 community college district, or in a restaurant that is operated
24 by a commercial tenant in the North Campus Parking Deck
25 building that (1) is located at 1201 West University Avenue,
26 Urbana, Illinois and (2) is owned by the Board of Trustees of
27 the University of Illinois, or, if approved by the District
28 board, on land owned by the Metropolitan Sanitary District of
29 Greater Chicago and leased to others for a term of at least 20
30 years. Nothing in this Section precludes the sale or delivery
31 of alcoholic liquor in the form of original packaged goods in
32 premises located at 500 S. Racine in Chicago belonging to the
33 University of Illinois and used primarily as a grocery store by
34 a commercial tenant during the term of a lease that predates
35 the University's acquisition of the premises; but the
36 University shall have no power or authority to renew, transfer,

 

 

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1 or extend the lease with terms allowing the sale of alcoholic
2 liquor; and the sale of alcoholic liquor shall be subject to
3 all local laws and regulations. After the acquisition by
4 Winnebago County of the property located at 404 Elm Street in
5 Rockford, a commercial tenant who sold alcoholic liquor at
6 retail on a portion of the property under a valid license at
7 the time of the acquisition may continue to do so for so long
8 as the tenant and the County may agree under existing or future
9 leases, subject to all local laws and regulations regarding the
10 sale of alcoholic liquor. Each facility shall provide dram shop
11 liability in maximum insurance coverage limits so as to save
12 harmless the State, municipality, State university, airport,
13 golf course, faculty center, facility in which conference and
14 convention type activities take place, park district, Forest
15 Preserve District, public community college district,
16 aquarium, museum, or sanitary district from all financial loss,
17 damage or harm. Alcoholic liquors may be sold at retail in
18 buildings of golf courses owned by municipalities in connection
19 with the operation of an established food serving facility
20 during times when food is dispensed for consumption upon the
21 premises. Alcoholic liquors may be delivered to and sold at
22 retail in any building owned by a fire protection district
23 organized under the Fire Protection District Act, provided that
24 such delivery and sale is approved by the board of trustees of
25 the district, and provided further that such delivery and sale
26 is limited to fundraising events and to a maximum of 6 events
27 per year.
28     Alcoholic liquor may be delivered to and sold at retail in
29 the Dorchester Senior Business Center owned by the Village of
30 Dolton if the alcoholic liquor is sold or dispensed only in
31 connection with organized functions for which the planned
32 attendance is 20 or more persons, and if the person or facility
33 selling or dispensing the alcoholic liquor has provided dram
34 shop liability insurance in maximum limits so as to hold
35 harmless the Village of Dolton and the State from all financial
36 loss, damage and harm.

 

 

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1     Alcoholic liquors may be delivered to and sold at retail in
2 any building used as an Illinois State Armory provided:
3         (i) the Adjutant General's written consent to the
4     issuance of a license to sell alcoholic liquor in such
5     building is filed with the Commission;
6         (ii) the alcoholic liquor is sold or dispensed only in
7     connection with organized functions held on special
8     occasions;
9         (iii) the organized function is one for which the
10     planned attendance is 25 or more persons; and
11         (iv) the facility selling or dispensing the alcoholic
12     liquors has provided dram shop liability insurance in
13     maximum limits so as to save harmless the facility and the
14     State from all financial loss, damage or harm.
15     Alcoholic liquors may be delivered to and sold at retail in
16 the Chicago Civic Center, provided that:
17         (i) the written consent of the Public Building
18     Commission which administers the Chicago Civic Center is
19     filed with the Commission;
20         (ii) the alcoholic liquor is sold or dispensed only in
21     connection with organized functions held on special
22     occasions;
23         (iii) the organized function is one for which the
24     planned attendance is 25 or more persons;
25         (iv) the facility selling or dispensing the alcoholic
26     liquors has provided dram shop liability insurance in
27     maximum limits so as to hold harmless the Civic Center, the
28     City of Chicago and the State from all financial loss,
29     damage or harm; and
30         (v) all applicable local ordinances are complied with.
31     Alcoholic liquors may be delivered or sold in any building
32 belonging to or under the control of any city, village or
33 incorporated town where more than 75% of the physical
34 properties of the building is used for commercial or
35 recreational purposes, and the building is located upon a pier
36 extending into or over the waters of a navigable lake or stream

 

 

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1 or on the shore of a navigable lake or stream. Alcoholic liquor
2 may be sold in buildings under the control of the Department of
3 Natural Resources when written consent to the issuance of a
4 license to sell alcoholic liquor in such buildings is filed
5 with the Commission by the Department of Natural Resources.
6 Alcoholic liquor may be served or delivered in buildings and
7 facilities under the control of the Department of Natural
8 Resources upon the written approval of the Director of Natural
9 Resources acting as the controlling government authority. The
10 Director of Natural Resources may specify conditions on that
11 approval, including but not limited to requirements for
12 insurance and hours of operation. Notwithstanding any other
13 provision of this Act, alcoholic liquor sold by a United States
14 Army Corps of Engineers or Department of Natural Resources
15 concessionaire who was operating on June 1, 1991 for
16 on-premises consumption only is not subject to the provisions
17 of Articles IV and IX. Beer and wine may be sold on the
18 premises of the Joliet Park District Stadium owned by the
19 Joliet Park District when written consent to the issuance of a
20 license to sell beer and wine in such premises is filed with
21 the local liquor commissioner by the Joliet Park District. Beer
22 and wine may be sold in buildings on the grounds of State
23 veterans' homes when written consent to the issuance of a
24 license to sell beer and wine in such buildings is filed with
25 the Commission by the Department of Veterans' Affairs, and the
26 facility shall provide dram shop liability in maximum insurance
27 coverage limits so as to save the facility harmless from all
28 financial loss, damage or harm. Such liquors may be delivered
29 to and sold at any property owned or held under lease by a
30 Metropolitan Pier and Exposition Authority or Metropolitan
31 Exposition and Auditorium Authority.
32     Beer and wine may be sold and dispensed at professional
33 sporting events and at professional concerts and other
34 entertainment events conducted on premises owned by the Forest
35 Preserve District of Kane County, subject to the control of the
36 District Commissioners and applicable local law, provided that

 

 

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1 dram shop liability insurance is provided at maximum coverage
2 limits so as to hold the District harmless from all financial
3 loss, damage and harm.
4     Nothing in this Section shall preclude the sale or delivery
5 of beer and wine at a State or county fair or the sale or
6 delivery of beer or wine at a city fair in any otherwise lawful
7 manner.
8     Alcoholic liquors may be sold at retail in buildings in
9 State parks under the control of the Department of Natural
10 Resources, provided:
11         a. the State park has overnight lodging facilities with
12     some restaurant facilities or, not having overnight
13     lodging facilities, has restaurant facilities which serve
14     complete luncheon and dinner or supper meals,
15         b. consent to the issuance of a license to sell
16     alcoholic liquors in the buildings has been filed with the
17     commission by the Department of Natural Resources, and
18         c. the alcoholic liquors are sold by the State park
19     lodge or restaurant concessionaire only during the hours
20     from 11 o'clock a.m. until 12 o'clock midnight.
21     Notwithstanding any other provision of this Act, alcoholic
22     liquor sold by the State park or restaurant concessionaire
23     is not subject to the provisions of Articles IV and IX.
24     Alcoholic liquors may be sold at retail in buildings on
25 properties under the control of the Historic Sites and
26 Preservation Division of the Historic Preservation Agency or
27 the Abraham Lincoln Presidential Library and Museum provided:
28         a. the property has overnight lodging facilities with
29     some restaurant facilities or, not having overnight
30     lodging facilities, has restaurant facilities which serve
31     complete luncheon and dinner or supper meals,
32         b. consent to the issuance of a license to sell
33     alcoholic liquors in the buildings has been filed with the
34     commission by the Historic Sites and Preservation Division
35     of the Historic Preservation Agency or the Abraham Lincoln
36     Presidential Library and Museum, and

 

 

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1         c. the alcoholic liquors are sold by the lodge or
2     restaurant concessionaire only during the hours from 11
3     o'clock a.m. until 12 o'clock midnight.
4     The sale of alcoholic liquors pursuant to this Section does
5 not authorize the establishment and operation of facilities
6 commonly called taverns, saloons, bars, cocktail lounges, and
7 the like except as a part of lodge and restaurant facilities in
8 State parks or golf courses owned by Forest Preserve Districts
9 with a population of less than 3,000,000 or municipalities or
10 park districts.
11     Alcoholic liquors may be sold at retail in the Springfield
12 Administration Building of the Department of Transportation
13 and the Illinois State Armory in Springfield; provided, that
14 the controlling government authority may consent to such sales
15 only if
16         a. the request is from a not-for-profit organization;
17         b. such sales would not impede normal operations of the
18     departments involved;
19         c. the not-for-profit organization provides dram shop
20     liability in maximum insurance coverage limits and agrees
21     to defend, save harmless and indemnify the State of
22     Illinois from all financial loss, damage or harm;
23         d. no such sale shall be made during normal working
24     hours of the State of Illinois; and
25         e. the consent is in writing.
26     Alcoholic liquors may be sold at retail in buildings in
27 recreational areas of river conservancy districts under the
28 control of, or leased from, the river conservancy districts.
29 Such sales are subject to reasonable local regulations as
30 provided in Article IV; however, no such regulations may
31 prohibit or substantially impair the sale of alcoholic liquors
32 on Sundays or Holidays.
33     Alcoholic liquors may be provided in long term care
34 facilities owned or operated by a county under Division 5-21 or
35 5-22 of the Counties Code, when approved by the facility
36 operator and not in conflict with the regulations of the

 

 

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1 Illinois Department of Public Health, to residents of the
2 facility who have had their consumption of the alcoholic
3 liquors provided approved in writing by a physician licensed to
4 practice medicine in all its branches.
5     Alcoholic liquors may be delivered to and dispensed in
6 State housing assigned to employees of the Department of
7 Corrections. No person shall furnish or allow to be furnished
8 any alcoholic liquors to any prisoner confined in any jail,
9 reformatory, prison or house of correction except upon a
10 physician's prescription for medicinal purposes.
11     Alcoholic liquors may be sold at retail or dispensed at the
12 Willard Ice Building in Springfield, at the State Library in
13 Springfield, and at Illinois State Museum facilities by (1) an
14 agency of the State, whether legislative, judicial or
15 executive, provided that such agency first obtains written
16 permission to sell or dispense alcoholic liquors from the
17 controlling government authority, or by (2) a not-for-profit
18 organization, provided that such organization:
19         a. Obtains written consent from the controlling
20     government authority;
21         b. Sells or dispenses the alcoholic liquors in a manner
22     that does not impair normal operations of State offices
23     located in the building;
24         c. Sells or dispenses alcoholic liquors only in
25     connection with an official activity in the building;
26         d. Provides, or its catering service provides, dram
27     shop liability insurance in maximum coverage limits and in
28     which the carrier agrees to defend, save harmless and
29     indemnify the State of Illinois from all financial loss,
30     damage or harm arising out of the selling or dispensing of
31     alcoholic liquors.
32     Nothing in this Act shall prevent a not-for-profit
33 organization or agency of the State from employing the services
34 of a catering establishment for the selling or dispensing of
35 alcoholic liquors at authorized functions.
36     The controlling government authority for the Willard Ice

 

 

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

 

 

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1     Alcoholic liquors may be delivered to and sold at retail or
2 dispensed for consumption at the Michael Bilandic Building at
3 160 North LaSalle Street, Chicago IL 60601, after the normal
4 business hours of any day care or child care facility located
5 in the building, by (1) a commercial tenant or subtenant
6 conducting business on the premises under a lease made pursuant
7 to Section 405-315 of the Department of Central Management
8 Services Law (20 ILCS 405/405-315), provided that such tenant
9 or subtenant who accepts delivery of, sells, or dispenses
10 alcoholic liquors shall procure and maintain dram shop
11 liability insurance in maximum coverage limits and in which the
12 carrier agrees to defend, indemnify, and save harmless the
13 State of Illinois from all financial loss, damage, or harm
14 arising out of the delivery, sale, or dispensing of alcoholic
15 liquors, or by (2) an agency of the State, whether legislative,
16 judicial, or executive, provided that such agency first obtains
17 written permission to accept delivery of and sell or dispense
18 alcoholic liquors from the Director of Central Management
19 Services, or by (3) a not-for-profit organization, provided
20 that such organization:
21         a. obtains written consent from the Department of
22     Central Management Services;
23         b. accepts delivery of and sells or dispenses the
24     alcoholic liquors in a manner that does not impair normal
25     operations of State offices located in the building;
26         c. accepts delivery of and sells or dispenses alcoholic
27     liquors only in connection with an official activity in the
28     building; and
29         d. provides, or its catering service provides, dram
30     shop liability insurance in maximum coverage limits and in
31     which the carrier agrees to defend, save harmless, and
32     indemnify the State of Illinois from all financial loss,
33     damage, or harm arising out of the selling or dispensing of
34     alcoholic liquors.
35     Nothing in this Act shall prevent a not-for-profit
36 organization or agency of the State from employing the services

 

 

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

 

 

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1 of a catering establishment for the selling or dispensing of
2 alcoholic liquors at functions authorized by the Director of
3 Central Management Services.
4     Alcoholic liquors may be sold or delivered at any facility
5 owned by the Illinois Sports Facilities Authority provided that
6 dram shop liability insurance has been made available in a
7 form, with such coverage and in such amounts as the Authority
8 reasonably determines is necessary.
9     Alcoholic liquors may be sold at retail or dispensed at the
10 Rockford State Office Building by (1) an agency of the State,
11 whether legislative, judicial or executive, provided that such
12 agency first obtains written permission to sell or dispense
13 alcoholic liquors from the Department of Central Management
14 Services, or by (2) a not-for-profit organization, provided
15 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 manner
19     that does not impair normal operations of State offices
20     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 in
25     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 of
28     alcoholic liquors.
29     Nothing in this Act shall prevent a not-for-profit
30 organization or agency of the State from employing the services
31 of a catering establishment for the selling or dispensing of
32 alcoholic liquors at functions authorized by the Department of
33 Central Management Services.
34     Alcoholic liquors may be sold or delivered in a building
35 that is owned by McLean County, situated on land owned by the
36 county in the City of Bloomington, and used by the McLean

 

 

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1 County Historical Society if the sale or delivery is approved
2 by an ordinance adopted by the county board, and the
3 municipality in which the building is located may not prohibit
4 that sale or delivery, notwithstanding any other provision of
5 this Section. The regulation of the sale and delivery of
6 alcoholic liquor in a building that is owned by McLean County,
7 situated on land owned by the county, and used by the McLean
8 County Historical Society as provided in this paragraph is an
9 exclusive power and function of the State and is a denial and
10 limitation under Article VII, Section 6, subsection (h) of the
11 Illinois Constitution of the power of a home rule municipality
12 to regulate that sale and delivery.
13     Alcoholic liquors may be sold or delivered in any building
14 situated on land held in trust for any school district
15 organized under Article 34 of the School Code, if the building
16 is not used for school purposes and if the sale or delivery is
17 approved by the board of education.
18     Alcoholic liquors may be sold or delivered in buildings
19 owned by the Community Building Complex Committee of Boone
20 County, Illinois if the person or facility selling or
21 dispensing the alcoholic liquor has provided dram shop
22 liability insurance with coverage and in amounts that the
23 Committee reasonably determines are necessary.
24     Alcoholic liquors may be sold or delivered in the building
25 located at 1200 Centerville Avenue in Belleville, Illinois and
26 occupied by either the Belleville Area Special Education
27 District or the Belleville Area Special Services Cooperative.
28     Alcoholic liquors may be delivered to and sold at the Louis
29 Joliet Renaissance Center, City Center Campus, located at 214
30 N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
31 Department facilities, Main Campus, located at 1215 Houbolt
32 Road, Joliet, owned by or under the control of Joliet Junior
33 College, Illinois Community College District No. 525.
34 (Source: P.A. 92-512, eff. 1-1-02; 92-583, eff. 6-26-02;
35 92-600, eff. 7-1-02; 93-19, eff. 6-20-03; 93-103, eff. 1-1-04;
36 93-627, eff. 6-1-04; 93-844, eff. 7-30-04.)
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.