Illinois General Assembly - Full Text of HB0136
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Full Text of HB0136  100th General Assembly

HB0136enr 100TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Abraham Lincoln Presidential Library and Museum Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Agency" means the Abraham Lincoln Presidential Library
8and Museum.
9    "Board" means the Board of Trustees of the Abraham Lincoln
10Presidential Library and Museum.
11    "Executive Director" means the Executive Director of the
12Abraham Lincoln Presidential Library and Museum.
13    "Library" means the Abraham Lincoln Presidential Library.
14    "Museum" means the Abraham Lincoln Presidential Museum.
 
15    Section 10. Abraham Lincoln Presidential Library and
16Museum; establishment.
17    (a) The Abraham Lincoln Presidential Library and Museum,
18formerly a constituent unit of the Illinois Historic
19Preservation Agency, is created as an independent State agency
20within the Executive Branch of State government.
21    (b) The Agency shall have control and custody of the
22Abraham Lincoln Presidential Library and Museum complex,

 

 

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1including the Abraham Lincoln Presidential Library and Museum,
2the Abraham Lincoln Presidential Library and Museum's parking
3garage, Union Station, and Union Park, in Springfield.
4    (c) The Agency shall be under the supervision and direction
5of the Executive Director of the Abraham Lincoln Presidential
6Library and Museum.
 
7    Section 15. Board. There shall be a Board of Trustees of
8the Abraham Lincoln Presidential Library and Museum to set
9policy and advise the Abraham Lincoln Presidential Library and
10Museum and the Executive Director on programs related to the
11Abraham Lincoln Presidential Library and Museum and to exercise
12the powers and duties given to it under Section 25 of this Act.
13The Abraham Lincoln Presidential Library and Museum and the
14Abraham Lincoln Presidential Library Foundation shall mutually
15co-operate to maximize resources available to the Abraham
16Lincoln Presidential Library and Museum and to support,
17sustain, and provide educational programs and collections at
18the Abraham Lincoln Presidential Library and Museum. Any
19membership fees collected by the Abraham Lincoln Presidential
20Library Foundation may be used to support the Abraham Lincoln
21Presidential Library and Museum programs or collections at the
22Foundation's discretion.
 
23    Section 20. Composition of the Board. The Board of Trustees
24shall consist of 11 members to be appointed by the Governor,

 

 

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1with the advice and consent of the Senate. The Board shall
2consist of members with the following qualifications:
3    (1) One member shall have recognized knowledge and ability
4in matters related to business administration.
5    (2) One member shall have recognized knowledge and ability
6in matters related to the history of Abraham Lincoln.
7    (3) One member shall have recognized knowledge and ability
8in matters related to the history of Illinois.
9    (4) One member shall have recognized knowledge and ability
10in matters related to library and museum studies.
11    (5) One member shall have recognized knowledge and ability
12in matters related to historic preservation.
13    (6) One member shall have recognized knowledge and ability
14in matters related to cultural tourism.
15    (7) One member shall have recognized knowledge and ability
16in matters related to conservation, digitization, and
17technological innovation.
18    The initial terms of office shall be designated by the
19Governor as follows: one member to serve for a term of one
20year, 2 members to serve for a term of 2 years, 2 members to
21serve for a term of 3 years, 2 members to serve for a term of 4
22years, 2 members to serve for a term of 5 years, and 2 members
23to serve for a term of 6 years. Thereafter, all appointments
24shall be for a term of 6 years. The Governor shall appoint one
25of the members to serve as chairperson at the pleasure of the
26Governor.

 

 

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1    The members of the Board shall serve without compensation
2but shall be entitled to reimbursement for all necessary
3expenses incurred in the performance of their official duties
4as members of the Board from funds appropriated for that
5purpose.
6    To facilitate communication and cooperation between the
7Agency and the Abraham Lincoln Presidential Library
8Foundation, the Foundation CEO shall serve as a non-voting,
9ex-officio member of the Board.
 
10    Section 25. Powers and duties of the Board. The Board
11shall:
12    (a) Set policies and establish programs for implementation
13in support of the mission and goals of the Agency.
14    (b) Create and execute such seminars, symposia, or other
15conferences as may be necessary or advisable to the Agency.
16    (c) Report annually to the Governor and the General
17Assembly on the status of the Agency and its programs.
18    (d) Accept, hold, maintain, and administer, as trustee,
19property given in trust for education or historic purposes for
20the benefit of the people of the State of Illinois and dispose
21of any property under the terms of the instrument creating the
22trust.
23    (e) Accept, hold, maintain, and administer donated
24property of historical significance, such as books, papers,
25records, and personal property of any kind, including

 

 

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1electronic and digital property, pursuant to gifting
2instruments, agreements, or deeds of gift, including but not
3limited to the King Hostick Public Trust Fund, and enter into
4such agreements as may be necessary to carry out the Board's
5duties and responsibilities under this Section.
6    (f) Lease concessions at the Library and Museum. All
7leases, for whatever period, shall be made subject to the
8written approval of the Governor's Office of Management and
9Budget. All concession leases extending for a period in excess
10of 10 years shall contain provisions for the Agency to
11participate, on a percentage basis, in the revenues generated
12by any concession operation.
13    (g) Enforce the laws of the State and the rules of the
14Agency.
15    (h) Cooperate with private organizations and agencies of
16the State of Illinois by providing areas and the use of staff
17personnel where feasible for the sale of publications on the
18historic and cultural heritage of the State and craft items
19made by Illinois craftsmen. These sales shall not conflict with
20existing concession agreements. The Board is authorized to
21negotiate and approve agreements with the organizations and
22agencies for a portion of the moneys received from sales to be
23returned to the Agency for the furtherance of interpretative
24and restoration programs.
25    (i) Accept offers of gifts, gratuities, or grants from the
26federal government, its agencies, or offices, or from any

 

 

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1person, firm, or corporation.
2    (j) Subject to the provisions of the Illinois
3Administrative Procedure Act, make reasonable rules as may be
4necessary to discharge the duties of the Agency.
5    (k) Charge and collect admission fees and rental for access
6to and use of the facilities of the Library and Museum.
7    (l) Operate a restaurant, cafe, or other food serving
8facility at the Museum or lease the operation of such a
9facility under reasonable terms and conditions, and provide
10vending services for food, beverages, or other products deemed
11necessary and proper, consistent with the purposes of the
12Library and Museum.
13    (m) Engage in marketing activities designed to promote the
14Library and Museum. In undertaking these activities, the Board
15may take all necessary steps with respect to products and
16services, including, but not limited to, retail sales,
17wholesale sales, direct marketing, mail order sales, telephone
18sales, advertising and promotion, purchase of product and
19materials inventory, design and printing and manufacturing of
20new products, reproductions, and adaptations, copyright and
21trademark licensing and royalty agreements, and payment of
22applicable taxes. In addition, the Board shall have the
23authority to sell advertising in its publications and printed
24materials.
 
25    Section 30. Administration of the Agency. The Agency shall

 

 

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1be under the supervision and direction of an Executive
2Director. The person serving on the effective date of this Act
3as Library Director, as defined in Section 33 of the Historic
4Preservation Agency Act, shall become the inaugural Executive
5Director on the effective date of this Act and shall serve as
6Executive Director until the expiration of his then-current
7term as Library Director. Thereafter, the Board shall appoint
8the Executive Director with the advice and consent of the
9Senate. The Executive Director shall serve at the pleasure of
10the Board for a term of 4 years. The Executive Director shall,
11subject to applicable provisions of law, execute and discharge
12the powers and duties of the Agency. The Executive Director
13shall have hiring power and shall appoint (a) a Library
14Facilities Operations Director; and (b) a Director of the
15Library. The Executive Director shall appoint those other
16employees of the Agency as he or she deems appropriate and
17shall fix the compensation of the Library Facilities Operations
18Director, the Director of the Library and other employees. The
19Executive Director may make provision to establish and collect
20admission and registration fees, operate a gift shop, and
21publish and sell educational and informational materials.
 
22    Section 35. State Historian; exchange historical records.
23The State Historian shall make all necessary rules,
24regulations, and bylaws not inconsistent with law to carry into
25effect the purposes of this Act and to procure from time to

 

 

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1time as may be possible and practicable, at reasonable costs,
2all books, pamphlets, manuscripts, monographs, writings, and
3other material of historical interest and useful to the
4historian bearing upon the political, physical, religious, or
5social history of the State of Illinois from the earliest known
6period of time. The State Historian may, with the consent of
7the Board, exchange any books, pamphlets, manuscripts,
8records, or other materials which such library may acquire that
9are of no historical interest or for any reason are of no value
10to it, with any other library, school or historical society.
11The State Historian shall distribute volumes of the series
12known as the Illinois Historical Collections now in print, and
13to be printed, to all who may apply for same and who pay to the
14Library and Museum for such volumes an amount fixed by the
15State Historian sufficient to cover the expenses of printing
16and distribution of each volume received by such applicants.
17However, the State Historian shall have authority to furnish 25
18of each of the volumes of the Illinois Historical Collections,
19free of charge, to each of the authors and editors of the
20Collections or parts thereof; to furnish, as in his or her
21discretion he or she deems necessary or desirable, a reasonable
22number of each of the volumes of the Collections without charge
23to archives, libraries, and similar institutions from which
24material has been drawn or assistance has been given in the
25preparation of such Collections, and to the officials thereof;
26and to furnish, as in his or her discretion he or she deems

 

 

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1necessary or desirable, a reasonable number of each of the
2volumes of the Collections without charge to the University of
3Illinois Library and to instructors and officials of that
4University, and to public libraries in the State of Illinois.
5The State Historian may, with the consent of the Board, also
6make exchanges of the Historical Collections with any other
7library, school or historical society, and distribute volumes
8of the Collections for review purposes.
 
9    Section 40. Illinois State Historian; appointment. The
10Executive Director, with the advice and consent of the Board,
11shall appoint the Illinois State Historian, who shall provide
12historical expertise, support, and service on civic engagement
13to educators and not-for-profit educational groups, including
14historical societies. The State Historian is the State's
15leading authority on the history of Illinois.
 
16    Section 45. State Historian; historical records. The State
17Historian shall establish and supervise a program within the
18Agency designed to preserve as historical records selected past
19editions of newspapers of this State. Such editions shall be
20preserved in accordance with industry standards. The negatives
21of microphotographs and other materials shall be stored in a
22place provided by the Agency.
23    The State Historian shall determine on the basis of
24historical value the various newspaper edition files which

 

 

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1shall be preserved and shall arrange a schedule for such
2preservation. The State Historian shall supervise the making of
3arrangements for acquiring access to past edition files with
4the editors or publishers of the various newspapers.
5    The method of microphotography to be employed in this
6program shall conform to the standards established pursuant to
7Section 17 of The State Records Act.
8    Upon payment to the Agency of the required fee, any person
9or organization shall be supplied with any prints requested to
10be made from the newspapers and all records. The fee required
11shall be determined by the State Historian and shall be equal
12in amount to the costs incurred by the Agency in supplying the
13requested prints.
 
14    Section 50. Gifts to the Illinois State Historical Library.
15Those programs, collections, and functions heretofore
16administered by the Illinois State Historical Library or the
17Historic Preservation Agency's Historical Library Division
18shall be administered by the Agency. All gifts made
19specifically to the Illinois State Historical Library shall
20remain at all times within the Agency.
 
21    Section 55. State Historical Library. The rights, powers,
22and duties vested by law in the State Historical Library or any
23office, division, or bureau thereof are hereby transferred to
24the Abraham Lincoln Presidential Library and Museum.
 

 

 

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1    Section 60. Separation from the Historic Preservation
2Agency. On the effective date of this Act, all of the powers,
3duties, assets, liabilities, employees, contracts, property
4(real and personal), including any items formerly contained in
5the Illinois State Historical Library now presently held in the
6Abraham Lincoln Presidential Library and Museum, records,
7pending business, and unexpended appropriations of the
8Historic Preservation Agency related to the administration and
9enforcement of Sections 17, 32, and 33 of the Historic
10Preservation Agency Act are transferred to the Agency created
11under this Act. The status and rights of the transferred
12employees, and the rights of the State of Illinois and its
13agencies, under the Personnel Code and applicable collective
14bargaining agreements or under any pension, retirement, or
15annuity plan are not affected (except as provided in Sections
1614-110 and 18-127 of the Illinois Pension Code) by that
17transfer or by any other provision of this Act.
 
18    Section 65. Rulemaking authority. The Agency may adopt
19rules in contravention of this Act in order to comply with
20federal laws or regulations that apply to Presidential
21Libraries administered by the Office of Presidential Libraries
22under the National Archives and Records Administration,
23including, but not limited to, 44 U.S.C. 21, 44 U.S.C. 22, and
2436 CFR 1270.
 

 

 

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1    Section 70. The Historic Preservation Agency Act is amended
2by changing Sections 2 and 4 as follows:
 
3    (20 ILCS 3405/2)  (from Ch. 127, par. 2702)
4    Sec. 2. For the purposes of this Act:
5    (a) "Agency" means the Historic Preservation Agency;
6    (b) "Board" means the Board of Trustees of the Historic
7Preservation Agency;
8    (c) "Director" means the Director of Historic Sites and
9Preservation;
10    (d) (Blank); "Advisory Board" means the Advisory Board of
11the Lincoln Presidential Library and Museum;
12    (e) (Blank); "Lincoln Presidential Library" means the
13Abraham Lincoln Presidential Library and Museum;
14    (f) (Blank); and "Library Director" means the Director of
15the Lincoln Presidential Library; and
16    (g) "Historic Sites and Preservation Division" means that
17part of the Agency that is headed by the Director of Historic
18Sites and Preservation.
19(Source: P.A. 92-600, eff. 7-1-02.)
 
20    (20 ILCS 3405/4)  (from Ch. 127, par. 2704)
21    Sec. 4. The Board shall be responsible for setting and
22determining policy for the Agency. Within the Agency, there
23shall be a Historic Sites and Preservation Division. The Agency

 

 

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1shall consist of: (1) an Abraham Lincoln Presidential Library
2and Museum and (2) a Historic Sites and Preservation Division.
3Except as otherwise provided in this Act, any reference in any
4other Act to the Historic Preservation Agency shall be deemed
5to be a reference to the Historic Sites and Preservation
6Division and any reference to the Director of Historic
7Preservation shall be deemed to be a reference to the Director
8of Historic Sites and Preservation, unless the context clearly
9indicates otherwise.
10    The Board shall appoint a chief executive officer of the
11Agency who shall be known as the Director of Historic Sites and
12Preservation. The Director shall serve at the pleasure of the
13Board. The Director shall, subject to applicable provisions of
14law, execute the powers and discharge the duties vested in the
15Historic Sites and Preservation Division of the Agency by law
16and implement the policies set by the Board. The Director shall
17manage the Historic Sites and Preservation Division of the
18Agency. The Director, with the concurrence of the Board, shall
19appoint Division Chiefs and the Deputy Director of the Historic
20Sites and Preservation Division of the Agency. Subject to
21concurrence by the Board, the Director shall appoint such other
22employees of the Historic Sites and Preservation Division of
23the Agency as he or she deems appropriate and shall fix the
24compensation of such Division Chiefs, the Deputy Director and
25other employees. The Board shall appoint the Illinois State
26Historian, who shall provide historical expertise, support,

 

 

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1and service to all divisions of the Historic Preservation
2Agency. The State Historian is the State's authority on Abraham
3Lincoln and the history of Illinois.
4(Source: P.A. 92-600, eff. 7-1-02.)
 
5    (20 ILCS 3405/17 rep.)
6    (20 ILCS 3405/30 rep.)
7    (20 ILCS 3405/31 rep.)
8    (20 ILCS 3405/32 rep.)
9    (20 ILCS 3405/33 rep.)
10    Section 75. The Historic Preservation Agency Act is amended
11by repealing Sections 17, 30, 31, 32, and 33.
 
12    Section 80. The Illinois Historic Preservation Act is
13amended by changing Section 3 as follows:
 
14    (20 ILCS 3410/3)  (from Ch. 127, par. 133d3)
15    Sec. 3. There is recognized and established hereunder the
16Illinois Historic Sites Advisory Council, previously
17established pursuant to Federal regulations, hereafter called
18the Council. The Council shall consist of 15 members. Of these,
19there shall be at least 3 historians, at least 3 architectural
20historians, or architects with a preservation background, and
21at least 3 archeologists. The remaining 6 members shall be
22drawn from supporting fields and have a preservation interest.
23Supporting fields shall include but not be limited to

 

 

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1historical geography, law, urban planning, local government
2officials, and members of other preservation commissions. All
3shall be appointed by the Director of Historic Sites and
4Preservation, with the consent of the Board.
5    The Council Chairperson shall be appointed by the Director
6of Historic Sites and Preservation from the Council membership
7and shall serve at the Director's pleasure.
8    The Executive Director of the Abraham Lincoln Presidential
9Library and Museum and the Director of the Illinois State
10Museum shall serve on the Council in advisory capacity as
11non-voting members.
12    Terms of membership shall be 3 years and shall be staggered
13by the Director to assure continuity of representation.
14    The Council shall meet at least 3 times each year.
15Additional meetings may be held at the call of the chairperson
16or at the call of the Director.
17    Members shall serve without compensation, but shall be
18reimbursed for actual expenses incurred in the performance of
19their duties.
20(Source: P.A. 97-785, eff. 7-13-12.)
 
21    Section 85. The State Historical Library Act is amended by
22changing Section 5.1 as follows:
 
23    (20 ILCS 3425/5.1)  (from Ch. 128, par. 16.1)
24    Sec. 5.1. The State Historian shall establish and supervise

 

 

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1a program within the Abraham Lincoln Presidential Library and
2Museum designed to preserve as historical records selected past
3editions of newspapers of this State. Such editions shall be
4preserved in accordance with industry standards
5microphotographed. The negatives of such microphotographs and
6other materials shall be stored in a place provided by the
7Abraham Lincoln Presidential Library and Museum.
8    The State Historian shall determine on the basis of
9historical value the various newspaper edition files which
10shall be preserved microphotographed and shall arrange a
11schedule for such preservation microphotographing. The State
12Historian shall supervise the making of arrangements for
13acquiring access to past edition files with the editors or
14publishers of the various newspapers.
15    The method of microphotography to be employed in this
16program shall conform to the standards established pursuant to
17Section 17 of "The State Records Act", approved July 6, 1957.
18    Upon payment to the Abraham Lincoln Presidential Library
19and Museum of the required fee, any person or organization
20shall be supplied with any prints requested to be made from the
21newspapers and all records. negatives of the microphotographs.
22The fee required shall be determined by the State Historian and
23shall be equal in amount to the cost incurred by the Abraham
24Lincoln Presidential Library and Museum in supplying the
25requested prints.
26(Source: P.A. 92-600, eff. 7-1-02.)
 

 

 

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1    (20 ILCS 3425/4 rep.)
2    Section 90. The State Historical Library Act is amended by
3repealing Section 4.
 
4    Section 95. The Old State Capitol Act is amended by
5changing Section 1 as follows:
 
6    (20 ILCS 3430/1)  (from Ch. 123, par. 52)
7    Sec. 1. As used in this Act,
8    (a) "Old State Capitol Complex" means the old State capitol
9reconstructed under the "1961 Act" in Springfield and includes
10space also occupied by the Abraham Lincoln Presidential Library
11and Museum and an underground parking garage;
12    (b) "1961 Act" means "An Act providing for the
13reconstruction and restoration of the old State Capitol at
14Springfield and providing for the custody thereof", approved
15August 24, 1961, as amended;
16    (c) "Board of Trustees" means the Board of Trustees of the
17Historic Preservation Agency.
18(Source: P.A. 92-600, eff. 7-1-02.)
 
19    Section 100. The Illinois Municipal Code is amended by
20changing Section 11-48-1 as follows:
 
21    (65 ILCS 5/11-48-1)  (from Ch. 24, par. 11-48-1)

 

 

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1    Sec. 11-48-1. The city council or board of trustees of
2every city, incorporated town or village may, by order or
3resolution authorize and direct to be transferred to the
4Abraham Lincoln Presidential Library and Museum, the State
5Archives or to the State University Library at Urbana,
6Illinois, or to any historical society duly incorporated and
7located within their respective counties, such official
8papers, drawings, maps, writings and records of every
9description as may be deemed of historic interest or value, and
10as may be in the custody of any officer of such county, city,
11incorporated town or village. Accurate copies of the same when
12so transferred shall be substituted for the original when in
13the judgment of such city council or board of trustees the same
14may be deemed necessary.
15(Source: P.A. 92-600, eff. 7-1-02.)
 
16    Section 105. The Liquor Control Act of 1934 is amended by
17changing Section 6-15 as follows:
 
18    (235 ILCS 5/6-15)  (from Ch. 43, par. 130)
19    Sec. 6-15. No alcoholic liquors shall be sold or delivered
20in any building belonging to or under the control of the State
21or any political subdivision thereof except as provided in this
22Act. The corporate authorities of any city, village,
23incorporated town, township, or county may provide by
24ordinance, however, that alcoholic liquor may be sold or

 

 

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1delivered in any specifically designated building belonging to
2or under the control of the municipality, township, or county,
3or in any building located on land under the control of the
4municipality, township, or county; provided that such township
5or county complies with all applicable local ordinances in any
6incorporated area of the township or county. Alcoholic liquor
7may be delivered to and sold under the authority of a special
8use permit on any property owned by a conservation district
9organized under the Conservation District Act, provided that
10(i) the alcoholic liquor is sold only at an event authorized by
11the governing board of the conservation district, (ii) the
12issuance of the special use permit is authorized by the local
13liquor control commissioner of the territory in which the
14property is located, and (iii) the special use permit
15authorizes the sale of alcoholic liquor for one day or less.
16Alcoholic liquors may be delivered to and sold at any airport
17belonging to or under the control of a municipality of more
18than 25,000 inhabitants, or in any building or on any golf
19course owned by a park district organized under the Park
20District Code, subject to the approval of the governing board
21of the district, or in any building or on any golf course owned
22by a forest preserve district organized under the Downstate
23Forest Preserve District Act, subject to the approval of the
24governing board of the district, or on the grounds within 500
25feet of any building owned by a forest preserve district
26organized under the Downstate Forest Preserve District Act

 

 

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

 

 

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1insurance is provided at maximum coverage limits so as to hold
2the District harmless from all financial loss, damage, and
3harm, or in any building located on land owned by the Chicago
4Park District if approved by the Park District Commissioners,
5or on any land used for a golf course or for recreational
6purposes and owned by the Illinois International Port District
7if approved by the District's governing board, or at any
8airport, golf course, faculty center, or facility in which
9conference and convention type activities take place belonging
10to or under control of any State university or public community
11college district, provided that with respect to a facility for
12conference and convention type activities alcoholic liquors
13shall be limited to the use of the convention or conference
14participants or participants in cultural, political or
15educational activities held in such facilities, and provided
16further that the faculty or staff of the State university or a
17public community college district, or members of an
18organization of students, alumni, faculty or staff of the State
19university or a public community college district are active
20participants in the conference or convention, or in Memorial
21Stadium on the campus of the University of Illinois at
22Urbana-Champaign during games in which the Chicago Bears
23professional football team is playing in that stadium during
24the renovation of Soldier Field, not more than one and a half
25hours before the start of the game and not after the end of the
26third quarter of the game, or in the Pavilion Facility on the

 

 

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1campus of the University of Illinois at Chicago during games in
2which the Chicago Storm professional soccer team is playing in
3that facility, not more than one and a half hours before the
4start of the game and not after the end of the third quarter of
5the game, or in the Pavilion Facility on the campus of the
6University of Illinois at Chicago during games in which the
7WNBA professional women's basketball team is playing in that
8facility, not more than one and a half hours before the start
9of the game and not after the 10-minute mark of the second half
10of the game, or by a catering establishment which has rented
11facilities from a board of trustees of a public community
12college district, or in a restaurant that is operated by a
13commercial tenant in the North Campus Parking Deck building
14that (1) is located at 1201 West University Avenue, Urbana,
15Illinois and (2) is owned by the Board of Trustees of the
16University of Illinois, or, if approved by the District board,
17on land owned by the Metropolitan Sanitary District of Greater
18Chicago and leased to others for a term of at least 20 years.
19Nothing in this Section precludes the sale or delivery of
20alcoholic liquor in the form of original packaged goods in
21premises located at 500 S. Racine in Chicago belonging to the
22University of Illinois and used primarily as a grocery store by
23a commercial tenant during the term of a lease that predates
24the University's acquisition of the premises; but the
25University shall have no power or authority to renew, transfer,
26or extend the lease with terms allowing the sale of alcoholic

 

 

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1liquor; and the sale of alcoholic liquor shall be subject to
2all local laws and regulations. After the acquisition by
3Winnebago County of the property located at 404 Elm Street in
4Rockford, a commercial tenant who sold alcoholic liquor at
5retail on a portion of the property under a valid license at
6the time of the acquisition may continue to do so for so long
7as the tenant and the County may agree under existing or future
8leases, subject to all local laws and regulations regarding the
9sale of alcoholic liquor. Alcoholic liquors may be delivered to
10and sold at Memorial Hall, located at 211 North Main Street,
11Rockford, under conditions approved by Winnebago County and
12subject to all local laws and regulations regarding the sale of
13alcoholic liquor. Each facility shall provide dram shop
14liability in maximum insurance coverage limits so as to save
15harmless the State, municipality, State university, airport,
16golf course, faculty center, facility in which conference and
17convention type activities take place, park district, Forest
18Preserve District, public community college district,
19aquarium, museum, or sanitary district from all financial loss,
20damage or harm. Alcoholic liquors may be sold at retail in
21buildings of golf courses owned by municipalities or Illinois
22State University in connection with the operation of an
23established food serving facility during times when food is
24dispensed for consumption upon the premises. Alcoholic liquors
25may be delivered to and sold at retail in any building owned by
26a fire protection district organized under the Fire Protection

 

 

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1District Act, provided that such delivery and sale is approved
2by the board of trustees of the district, and provided further
3that such delivery and sale is limited to fundraising events
4and to a maximum of 6 events per year. However, the limitation
5to fundraising events and to a maximum of 6 events per year
6does not apply to the delivery, sale, or manufacture of
7alcoholic liquors at the building located at 59 Main Street in
8Oswego, Illinois, owned by the Oswego Fire Protection District
9if the alcoholic liquor is sold or dispensed as approved by the
10Oswego Fire Protection District and the property is no longer
11being utilized for fire protection purposes.
12    Alcoholic liquors may be served or sold in buildings under
13the control of the Board of Trustees of the University of
14Illinois for events that the Board may determine are public
15events and not related student activities. The Board of
16Trustees shall issue a written policy within 6 months of August
1715, 2008 (the effective date of Public Act 95-847) this
18amendatory Act of the 95th General Assembly concerning the
19types of events that would be eligible for an exemption.
20Thereafter, the Board of Trustees may issue revised, updated,
21new, or amended policies as it deems necessary and appropriate.
22In preparing its written policy, the Board of Trustees shall,
23among other factors it considers relevant and important, give
24consideration to the following: (i) whether the event is a
25student activity or student related activity; (ii) whether the
26physical setting of the event is conducive to control of liquor

 

 

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1sales and distribution; (iii) the ability of the event operator
2to ensure that the sale or serving of alcoholic liquors and the
3demeanor of the participants are in accordance with State law
4and University policies; (iv) regarding the anticipated
5attendees at the event, the relative proportion of individuals
6under the age of 21 to individuals age 21 or older; (v) the
7ability of the venue operator to prevent the sale or
8distribution of alcoholic liquors to individuals under the age
9of 21; (vi) whether the event prohibits participants from
10removing alcoholic beverages from the venue; and (vii) whether
11the event prohibits participants from providing their own
12alcoholic liquors to the venue. In addition, any policy
13submitted by the Board of Trustees to the Illinois Liquor
14Control Commission must require that any event at which
15alcoholic liquors are served or sold in buildings under the
16control of the Board of Trustees shall require the prior
17written approval of the Office of the Chancellor for the
18University campus where the event is located. The Board of
19Trustees shall submit its policy, and any subsequently revised,
20updated, new, or amended policies, to the Illinois Liquor
21Control Commission, and any University event, or location for
22an event, exempted under such policies shall apply for a
23license under the applicable Sections of this Act.
24    Alcoholic liquors may be served or sold in buildings under
25the control of the Board of Trustees of Northern Illinois
26University for events that the Board may determine are public

 

 

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1events and not student-related activities. The Board of
2Trustees shall issue a written policy within 6 months after
3June 28, 2011 (the effective date of Public Act 97-45)
4concerning the types of events that would be eligible for an
5exemption. Thereafter, the Board of Trustees may issue revised,
6updated, new, or amended policies as it deems necessary and
7appropriate. In preparing its written policy, the Board of
8Trustees shall, in addition to other factors it considers
9relevant and important, give consideration to the following:
10(i) whether the event is a student activity or student-related
11activity; (ii) whether the physical setting of the event is
12conducive to control of liquor sales and distribution; (iii)
13the ability of the event operator to ensure that the sale or
14serving of alcoholic liquors and the demeanor of the
15participants are in accordance with State law and University
16policies; (iv) the anticipated attendees at the event and the
17relative proportion of individuals under the age of 21 to
18individuals age 21 or older; (v) the ability of the venue
19operator to prevent the sale or distribution of alcoholic
20liquors to individuals under the age of 21; (vi) whether the
21event prohibits participants from removing alcoholic beverages
22from the venue; and (vii) whether the event prohibits
23participants from providing their own alcoholic liquors to the
24venue.
25    Alcoholic liquors may be served or sold in buildings under
26the control of the Board of Trustees of Chicago State

 

 

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

 

 

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1the control of the Board of Trustees of Illinois State
2University for events that the Board may determine are public
3events and not student-related activities. The Board of
4Trustees shall issue a written policy within 6 months after
5March 1, 2013 (the effective date of Public Act 97-1166) this
6amendatory Act of the 97th General Assembly concerning the
7types of events that would be eligible for an exemption.
8Thereafter, the Board of Trustees may issue revised, updated,
9new, or amended policies as it deems necessary and appropriate.
10In preparing its written policy, the Board of Trustees shall,
11in addition to other factors it considers relevant and
12important, give consideration to the following: (i) whether the
13event is a student activity or student-related activity; (ii)
14whether the physical setting of the event is conducive to
15control of liquor sales and distribution; (iii) the ability of
16the event operator to ensure that the sale or serving of
17alcoholic liquors and the demeanor of the participants are in
18accordance with State law and University policies; (iv) the
19anticipated attendees at the event and the relative proportion
20of individuals under the age of 21 to individuals age 21 or
21older; (v) the ability of the venue operator to prevent the
22sale or distribution of alcoholic liquors to individuals under
23the age of 21; (vi) whether the event prohibits participants
24from removing alcoholic beverages from the venue; and (vii)
25whether the event prohibits participants from providing their
26own alcoholic liquors to the venue.

 

 

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1    Alcoholic liquors may be served or sold in buildings under
2the control of the Board of Trustees of Southern Illinois
3University for events that the Board may determine are public
4events and not student-related activities. The Board of
5Trustees shall issue a written policy within 6 months after
6August 12, 2016 (the effective date of Public Act 99-795) this
7amendatory Act of the 99th General Assembly concerning the
8types of events that would be eligible for an exemption.
9Thereafter, the Board of Trustees may issue revised, updated,
10new, or amended policies as it deems necessary and appropriate.
11In preparing its written policy, the Board of Trustees shall,
12in addition to other factors it considers relevant and
13important, give consideration to the following: (i) whether the
14event is a student activity or student-related activity; (ii)
15whether the physical setting of the event is conducive to
16control of liquor sales and distribution; (iii) the ability of
17the event operator to ensure that the sale or serving of
18alcoholic liquors and the demeanor of the participants are in
19accordance with State law and University policies; (iv) the
20anticipated attendees at the event and the relative proportion
21of individuals under the age of 21 to individuals age 21 or
22older; (v) the ability of the venue operator to prevent the
23sale or distribution of alcoholic liquors to individuals under
24the age of 21; (vi) whether the event prohibits participants
25from removing alcoholic beverages from the venue; and (vii)
26whether the event prohibits participants from providing their

 

 

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1own alcoholic liquors to the venue.
2    Alcoholic liquors may be served or sold in buildings under
3the control of the Board of Trustees of a public university for
4events that the Board of Trustees of that public university may
5determine are public events and not student-related
6activities. If the Board of Trustees of a public university has
7not issued a written policy pursuant to an exemption under this
8Section on or before July 15, 2016 (the effective date of
9Public Act 99-550) this amendatory Act of the 99th General
10Assembly, then that Board of Trustees shall issue a written
11policy within 6 months after July 15, 2016 (the effective date
12of Public Act 99-550) this amendatory Act of the 99th General
13Assembly concerning the types of events that would be eligible
14for an exemption. Thereafter, the Board of Trustees may issue
15revised, updated, new, or amended policies as it deems
16necessary and appropriate. In preparing its written policy, the
17Board of Trustees shall, in addition to other factors it
18considers relevant and important, give consideration to the
19following: (i) whether the event is a student activity or
20student-related activity; (ii) whether the physical setting of
21the event is conducive to control of liquor sales and
22distribution; (iii) the ability of the event operator to ensure
23that the sale or serving of alcoholic liquors and the demeanor
24of the participants are in accordance with State law and
25University policies; (iv) the anticipated attendees at the
26event and the relative proportion of individuals under the age

 

 

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1of 21 to individuals age 21 or older; (v) the ability of the
2venue operator to prevent the sale or distribution of alcoholic
3liquors to individuals under the age of 21; (vi) whether the
4event prohibits participants from removing alcoholic beverages
5from the venue; and (vii) whether the event prohibits
6participants from providing their own alcoholic liquors to the
7venue. As used in this paragraph, "public university" means the
8University of Illinois, Illinois State University, Chicago
9State University, Governors State University, Southern
10Illinois University, Northern Illinois University, Eastern
11Illinois University, Western Illinois University, and
12Northeastern Illinois University.
13    Alcoholic liquors may be served or sold in buildings under
14the control of the Board of Trustees of a community college
15district for events that the Board of Trustees of that
16community college district may determine are public events and
17not student-related activities. The Board of Trustees shall
18issue a written policy within 6 months after July 15, 2016 (the
19effective date of Public Act 99-550) this amendatory Act of the
2099th General Assembly concerning the types of events that would
21be eligible for an exemption. Thereafter, the Board of Trustees
22may issue revised, updated, new, or amended policies as it
23deems necessary and appropriate. In preparing its written
24policy, the Board of Trustees shall, in addition to other
25factors it considers relevant and important, give
26consideration to the following: (i) whether the event is a

 

 

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1student activity or student-related activity; (ii) whether the
2physical setting of the event is conducive to control of liquor
3sales and distribution; (iii) the ability of the event operator
4to ensure that the sale or serving of alcoholic liquors and the
5demeanor of the participants are in accordance with State law
6and community college district policies; (iv) the anticipated
7attendees at the event and the relative proportion of
8individuals under the age of 21 to individuals age 21 or older;
9(v) the ability of the venue operator to prevent the sale or
10distribution of alcoholic liquors to individuals under the age
11of 21; (vi) whether the event prohibits participants from
12removing alcoholic beverages from the venue; and (vii) whether
13the event prohibits participants from providing their own
14alcoholic liquors to the venue. This paragraph does not apply
15to any community college district authorized to sell or serve
16alcoholic liquor under any other provision of this Section.
17    Alcoholic liquor may be delivered to and sold at retail in
18the Dorchester Senior Business Center owned by the Village of
19Dolton if the alcoholic liquor is sold or dispensed only in
20connection with organized functions for which the planned
21attendance is 20 or more persons, and if the person or facility
22selling or dispensing the alcoholic liquor has provided dram
23shop liability insurance in maximum limits so as to hold
24harmless the Village of Dolton and the State from all financial
25loss, damage and harm.
26    Alcoholic liquors may be delivered to and sold at retail in

 

 

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1any building used as an Illinois State Armory provided:
2        (i) the Adjutant General's written consent to the
3    issuance of a license to sell alcoholic liquor in such
4    building is filed with the Commission;
5        (ii) the alcoholic liquor is sold or dispensed only in
6    connection with organized functions held on special
7    occasions;
8        (iii) the organized function is one for which the
9    planned attendance is 25 or more persons; and
10        (iv) the facility selling or dispensing the alcoholic
11    liquors has provided dram shop liability insurance in
12    maximum limits so as to save harmless the facility and the
13    State from all financial loss, damage or harm.
14    Alcoholic liquors may be delivered to and sold at retail in
15the Chicago Civic Center, provided that:
16        (i) the written consent of the Public Building
17    Commission which administers the Chicago Civic Center is
18    filed with the Commission;
19        (ii) the alcoholic liquor is sold or dispensed only in
20    connection with organized functions held on special
21    occasions;
22        (iii) the organized function is one for which the
23    planned attendance is 25 or more persons;
24        (iv) the facility selling or dispensing the alcoholic
25    liquors has provided dram shop liability insurance in
26    maximum limits so as to hold harmless the Civic Center, the

 

 

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

 

 

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

 

 

HB0136 Enrolled- 36 -LRB100 01829 RJF 11834 b

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

 

 

HB0136 Enrolled- 37 -LRB100 01829 RJF 11834 b

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

 

 

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1Such sales are subject to reasonable local regulations as
2provided in Article IV; however, no such regulations may
3prohibit or substantially impair the sale of alcoholic liquors
4on Sundays or Holidays.
5    Alcoholic liquors may be provided in long term care
6facilities owned or operated by a county under Division 5-21 or
75-22 of the Counties Code, when approved by the facility
8operator and not in conflict with the regulations of the
9Illinois Department of Public Health, to residents of the
10facility who have had their consumption of the alcoholic
11liquors provided approved in writing by a physician licensed to
12practice medicine in all its branches.
13    Alcoholic liquors may be delivered to and dispensed in
14State housing assigned to employees of the Department of
15Corrections. No person shall furnish or allow to be furnished
16any alcoholic liquors to any prisoner confined in any jail,
17reformatory, prison or house of correction except upon a
18physician's prescription for medicinal purposes.
19    Alcoholic liquors may be sold at retail or dispensed at the
20Willard Ice Building in Springfield, at the State Library in
21Springfield, and at Illinois State Museum facilities by (1) an
22agency of the State, whether legislative, judicial or
23executive, provided that such agency first obtains written
24permission to sell or dispense alcoholic liquors from the
25controlling government authority, or by (2) a not-for-profit
26organization, provided that such organization:

 

 

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1        a. Obtains written consent from the controlling
2    government authority;
3        b. Sells or dispenses the alcoholic liquors in a manner
4    that does not impair normal operations of State offices
5    located in the building;
6        c. Sells or dispenses alcoholic liquors only in
7    connection with an official activity in the building;
8        d. Provides, or its catering service provides, dram
9    shop liability insurance in maximum coverage limits and in
10    which the carrier agrees to defend, save harmless and
11    indemnify the State of Illinois from all financial loss,
12    damage or harm arising out of the selling or dispensing of
13    alcoholic liquors.
14    Nothing in this Act shall prevent a not-for-profit
15organization or agency of the State from employing the services
16of a catering establishment for the selling or dispensing of
17alcoholic liquors at authorized functions.
18    The controlling government authority for the Willard Ice
19Building in Springfield shall be the Director of the Department
20of Revenue. The controlling government authority for Illinois
21State Museum facilities shall be the Director of the Illinois
22State Museum. The controlling government authority for the
23State Library in Springfield shall be the Secretary of State.
24    Alcoholic liquors may be delivered to and sold at retail or
25dispensed at any facility, property or building under the
26jurisdiction of the Historic Sites and Preservation Division of

 

 

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

 

 

HB0136 Enrolled- 41 -LRB100 01829 RJF 11834 b

1Abraham Lincoln Presidential Library and Museum shall be the
2Executive Director of the Abraham Lincoln Presidential Library
3and Museum.
4    Alcoholic liquors may be delivered to and sold at retail or
5dispensed for consumption at the Michael Bilandic Building at
6160 North LaSalle Street, Chicago IL 60601, after the normal
7business hours of any day care or child care facility located
8in the building, by (1) a commercial tenant or subtenant
9conducting business on the premises under a lease made pursuant
10to Section 405-315 of the Department of Central Management
11Services Law (20 ILCS 405/405-315), provided that such tenant
12or subtenant who accepts delivery of, sells, or dispenses
13alcoholic liquors shall procure and maintain dram shop
14liability insurance in maximum coverage limits and in which the
15carrier agrees to defend, indemnify, and save harmless the
16State of Illinois from all financial loss, damage, or harm
17arising out of the delivery, sale, or dispensing of alcoholic
18liquors, or by (2) an agency of the State, whether legislative,
19judicial, or executive, provided that such agency first obtains
20written permission to accept delivery of and sell or dispense
21alcoholic liquors from the Director of Central Management
22Services, or by (3) a not-for-profit organization, provided
23that such organization:
24        a. obtains written consent from the Department of
25    Central Management Services;
26        b. accepts delivery of and sells or dispenses the

 

 

HB0136 Enrolled- 42 -LRB100 01829 RJF 11834 b

1    alcoholic liquors in a manner that does not impair normal
2    operations of State offices located in the building;
3        c. accepts delivery of and sells or dispenses alcoholic
4    liquors only in connection with an official activity in the
5    building; and
6        d. provides, or its catering service provides, dram
7    shop liability insurance in maximum coverage limits and in
8    which the carrier agrees to defend, save harmless, and
9    indemnify the State of Illinois from all financial loss,
10    damage, or harm arising out of the selling or dispensing of
11    alcoholic liquors.
12    Nothing in this Act shall prevent a not-for-profit
13organization or agency of the State from employing the services
14of a catering establishment for the selling or dispensing of
15alcoholic liquors at functions authorized by the Director of
16Central Management Services.
17    Alcoholic liquors may be sold at retail or dispensed at the
18James R. Thompson Center in Chicago, subject to the provisions
19of Section 7.4 of the State Property Control Act, and 222 South
20College Street in Springfield, Illinois by (1) a commercial
21tenant or subtenant conducting business on the premises under a
22lease or sublease made pursuant to Section 405-315 of the
23Department of Central Management Services Law (20 ILCS
24405/405-315), provided that such tenant or subtenant who sells
25or dispenses alcoholic liquors shall procure and maintain dram
26shop liability insurance in maximum coverage limits and in

 

 

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

 

 

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1    Alcoholic liquors may be sold or delivered at any facility
2owned by the Illinois Sports Facilities Authority provided that
3dram shop liability insurance has been made available in a
4form, with such coverage and in such amounts as the Authority
5reasonably determines is necessary.
6    Alcoholic liquors may be sold at retail or dispensed at the
7Rockford State Office Building by (1) an agency of the State,
8whether legislative, judicial or executive, provided that such
9agency first obtains written permission to sell or dispense
10alcoholic liquors from the Department of Central Management
11Services, or by (2) a not-for-profit organization, provided
12that such organization:
13        a. Obtains written consent from the Department of
14    Central Management Services;
15        b. Sells or dispenses the alcoholic liquors in a manner
16    that does not impair normal operations of State offices
17    located in the building;
18        c. Sells or dispenses alcoholic liquors only in
19    connection with an official activity in the building;
20        d. Provides, or its catering service provides, dram
21    shop liability insurance in maximum coverage limits and in
22    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 of
25    alcoholic liquors.
26    Nothing in this Act shall prevent a not-for-profit

 

 

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

 

 

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1the delivery and sale is approved by the board of trustees of
2that public library district and is limited to library
3fundraising events or programs of a cultural or educational
4nature. Before the board of trustees of a public library
5district may approve the delivery and sale of alcoholic
6liquors, the board of trustees of the public library district
7must have a written policy that has been approved by the board
8of trustees of the public library district governing when and
9under what circumstances alcoholic liquors may be delivered to
10and sold at retail on property owned by that public library
11district. The written policy must (i) provide that no alcoholic
12liquor may be sold, distributed, or consumed in any area of the
13library accessible to the general public during the event or
14program, (ii) prohibit the removal of alcoholic liquor from the
15venue during the event, and (iii) require that steps be taken
16to prevent the sale or distribution of alcoholic liquor to
17persons under the age of 21. Any public library district that
18has alcoholic liquor delivered to or sold at retail on property
19owned by the public library district shall provide dram shop
20liability insurance in maximum insurance coverage limits so as
21to save harmless the public library districts from all
22financial loss, damage, or harm.
23    Alcoholic liquors may be sold or delivered in buildings
24owned by the Community Building Complex Committee of Boone
25County, Illinois if the person or facility selling or
26dispensing the alcoholic liquor has provided dram shop

 

 

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1liability insurance with coverage and in amounts that the
2Committee reasonably determines are necessary.
3    Alcoholic liquors may be sold or delivered in the building
4located at 1200 Centerville Avenue in Belleville, Illinois and
5occupied by either the Belleville Area Special Education
6District or the Belleville Area Special Services Cooperative.
7    Alcoholic liquors may be delivered to and sold at the Louis
8Joliet Renaissance Center, City Center Campus, located at 214
9N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
10Department facilities, Main Campus, located at 1215 Houbolt
11Road, Joliet, owned by or under the control of Joliet Junior
12College, Illinois Community College District No. 525.
13    Alcoholic liquors may be delivered to and sold at Triton
14College, Illinois Community College District No. 504.
15    Alcoholic liquors may be delivered to and sold at the
16College of DuPage, Illinois Community College District No. 502.
17    Alcoholic liquors may be delivered to and sold on any
18property owned, operated, or controlled by Lewis and Clark
19Community College, Illinois Community College District No.
20536.
21    Alcoholic liquors may be delivered to and sold at the
22building located at 446 East Hickory Avenue in Apple River,
23Illinois, owned by the Apple River Fire Protection District,
24and occupied by the Apple River Community Association if the
25alcoholic liquor is sold or dispensed only in connection with
26organized functions approved by the Apple River Community

 

 

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1Association for which the planned attendance is 20 or more
2persons and if the person or facility selling or dispensing the
3alcoholic liquor has provided dram shop liability insurance in
4maximum limits so as to hold harmless the Apple River Fire
5Protection District, the Village of Apple River, and the Apple
6River Community Association from all financial loss, damage,
7and harm.
8    Alcoholic liquors may be delivered to and sold at the Sikia
9Restaurant, Kennedy King College Campus, located at 740 West
1063rd Street, Chicago, and at the Food Services in the Great
11Hall/Washburne Culinary Institute Department facility, Kennedy
12King College Campus, located at 740 West 63rd Street, Chicago,
13owned by or under the control of City Colleges of Chicago,
14Illinois Community College District No. 508.
15(Source: P.A. 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; 98-692,
16eff. 7-1-14; 98-756, eff. 7-16-14; 98-1092, eff. 8-26-14;
1799-78, eff. 7-20-15; 99-484, eff. 10-30-15; 99-550, eff.
187-15-16; 99-559, eff. 7-15-16; 99-795, eff. 8-12-16; revised
199-16-16.)
 
20    Section 900. Effective date. This Act takes effect upon
21becoming law.