State of Illinois
92nd General Assembly
Legislation

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92_SB1909eng

 
SB1909 Engrossed                              LRB9214258EGfgA

 1        AN ACT in relation to 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 Sections 6-2 and 6-15 as follows:

 6        (235 ILCS 5/6-2) (from Ch. 43, par. 120)
 7        Sec.  6-2.   Issuance  of  licenses  to  certain  persons
 8    prohibited.
 9        (a)  Except  as  otherwise provided in subsection (b), no
10    license of any kind issued by the  State  Commission  or  any
11    local commission shall be issued to:
12             (1)  A  person  who  is  not a resident of any city,
13        village or county in which the premises  covered  by  the
14        license  are  located; except in case of railroad or boat
15        licenses.
16             (2)  A person who  is  not  of  good  character  and
17        reputation in the community in which he resides.
18             (3)  A  person  who  is  not a citizen of the United
19        States.
20             (4)  A person who has been  convicted  of  a  felony
21        under  any  Federal  or  State law, unless the Commission
22        determines  that  such  person  has   been   sufficiently
23        rehabilitated   to   warrant   the   public  trust  after
24        considering  matters   set   forth   in   such   person's
25        application  and  the  Commission's  investigation.   The
26        burden  of proof of sufficient rehabilitation shall be on
27        the applicant.
28             (5)  A person who has been convicted  of  being  the
29        keeper or is keeping a house of ill fame.
30             (6)  A person who has been convicted of pandering or
31        other   crime  or  misdemeanor  opposed  to  decency  and
 
SB1909 Engrossed            -2-               LRB9214258EGfgA
 1        morality.
 2             (7)  A person whose license issued  under  this  Act
 3        has been revoked for cause.
 4             (8)  A  person  who  at  the time of application for
 5        renewal of any license  issued  hereunder  would  not  be
 6        eligible for such license upon a first application.
 7             (9)  A  copartnership,  if  any  general partnership
 8        thereof, or any limited partnership thereof, owning  more
 9        than 5% of the aggregate limited partner interest in such
10        copartnership  would not be eligible to receive a license
11        hereunder for any reason other than residence within  the
12        political  subdivision,  unless  residency is required by
13        local ordinance.
14             (10)  A corporation,  if  any  officer,  manager  or
15        director  thereof,  or  any  stockholder  or stockholders
16        owning in the aggregate more than 5% of the stock of such
17        corporation, would not be eligible to receive  a  license
18        hereunder  for  any  reason  other  than  citizenship and
19        residence within the political subdivision.
20             (10a)  A corporation unless it  is  incorporated  in
21        Illinois,  or unless it is a foreign corporation which is
22        qualified under the Business Corporation Act of  1983  to
23        transact business in Illinois.
24             (11)  A  person whose place of business is conducted
25        by a  manager  or  agent  unless  the  manager  or  agent
26        possesses   the   same  qualifications  required  by  the
27        licensee.
28             (12)  A person who has been convicted of a violation
29        of any Federal or State law concerning  the  manufacture,
30        possession or sale of alcoholic liquor, subsequent to the
31        passage  of  this Act or has forfeited his bond to appear
32        in court to answer charges for any such violation.
33             (13)  A person who does  not  beneficially  own  the
34        premises  for which a license is sought, or does not have
 
SB1909 Engrossed            -3-               LRB9214258EGfgA
 1        a lease thereon for the full period for which the license
 2        is to be issued.
 3             (14)  Any law enforcing public  official,  including
 4        members  of  local liquor control commissions, any mayor,
 5        alderman, or member of the city  council  or  commission,
 6        any  president  of  the  village  board  of trustees, any
 7        member of a village board of trustees, or  any  president
 8        or  member  of a county board; and no such official shall
 9        have a direct interest  be  interested  directly  in  the
10        manufacture,  sale,  or distribution of alcoholic liquor,
11        except that a license may be granted to such official  in
12        relation  to  premises  that  are  not located within the
13        territory subject to the jurisdiction of that official if
14        the issuance of such license is  approved  by  the  State
15        Liquor  Control  Commission and except that a license may
16        be granted, in a city or village  with  a  population  of
17        50,000  or  less,  to  any  alderman,  member  of  a city
18        council, or member of a  village  board  of  trustees  in
19        relation   to   premises  that  are  located  within  the
20        territory subject to the jurisdiction of that official if
21        (i) the sale of alcoholic liquor pursuant to the  license
22        is  incidental  to the selling of food, (ii) the issuance
23        of the license is approved by the State Commission, (iii)
24        the issuance of the license is  in  accordance  with  all
25        applicable  local ordinances in effect where the premises
26        are located, and (iv) the official granted a license does
27        not vote on alcoholic liquor issues  pending  before  the
28        board  or council to which the license holder is elected.
29        Notwithstanding any provision of this paragraph  (14)  to
30        the  contrary, an alderman or member of a city council or
31        commission, a member of  a  village  board  of  trustees,
32        other   than  the  president  of  the  village  board  of
33        trustees, or a member of a county board, other  than  the
34        president  of  a county board, may have a direct interest
 
SB1909 Engrossed            -4-               LRB9214258EGfgA
 1        in a manufacturer or  distributor  of  alcoholic  liquor,
 2        provided (1) that he or she is not a law enforcing public
 3        official,  a member of a local liquor control commission,
 4        or a mayor and (2) that the manufacturer  or  distributor
 5        is not required to hold a local liquor license.
 6             (15)  A  person who is not a beneficial owner of the
 7        business to be operated by the licensee.
 8             (16)  A person who has been convicted of a  gambling
 9        offense  as  proscribed  by  any  of  subsections (a) (3)
10        through (a) (11) of Section 28-1 of, or as proscribed  by
11        Section  28-1.1 or 28-3 of, the Criminal Code of 1961, or
12        as proscribed  by  a  statute  replaced  by  any  of  the
13        aforesaid statutory provisions.
14             (17)  A  person or entity to whom a federal wagering
15        stamp has been issued by the federal  government,  unless
16        the  person  or entity is eligible to be issued a license
17        under the Raffles Act or the Illinois Pull Tabs  and  Jar
18        Games Act.
19        (b)  A  criminal  conviction  of  a  corporation  is  not
20    grounds  for  the  denial,  suspension,  or  revocation  of a
21    license applied  for  or  held  by  the  corporation  if  the
22    criminal  conviction was not the result of a violation of any
23    federal or State law concerning the  manufacture,  possession
24    or  sale  of  alcoholic  liquor,  the offense that led to the
25    conviction did not  result  in  any  financial  gain  to  the
26    corporation   and   the   corporation   has   terminated  its
27    relationship  with  each  director,  officer,  employee,   or
28    controlling shareholder whose actions directly contributed to
29    the  conviction  of  the  corporation.  The  Commission shall
30    determine if all provisions of this subsection (b) have  been
31    met  before  any  action  on  the  corporation's  license  is
32    initiated.
33    (Source: P.A. 92-378, eff. 8-16-01.)
 
SB1909 Engrossed            -5-               LRB9214258EGfgA
 1        (235 ILCS 5/6-15) (from Ch. 43, par. 130)
 2        Sec.   6-15.  No  alcoholic  liquors  shall  be  sold  or
 3    delivered in any building belonging to or under  the  control
 4    of  the  State or any political subdivision thereof except as
 5    provided in this Act.  The corporate authorities of any city,
 6    village,  incorporated  town  or  township  may  provide   by
 7    ordinance,  however,  that  alcoholic  liquor  may be sold or
 8    delivered in any specifically designated  building  belonging
 9    to  or  under the control of the municipality or township, or
10    in any building located on land  under  the  control  of  the
11    municipality;  provided  that such township complies with all
12    applicable local ordinances in any incorporated area  of  the
13    township.  Alcoholic  liquors may be delivered to and sold at
14    any  airport  belonging  to  or  under  the  control   of   a
15    municipality  of  more  than  25,000  inhabitants,  or in any
16    building or on any golf  course  owned  by  a  park  district
17    organized  under  the  Park  District  Code,  subject  to the
18    approval of the governing board of the district,  or  in  any
19    building  or  on  any  golf course owned by a forest preserve
20    district  organized  under  the  Downstate  Forest   Preserve
21    District  Act, subject to the approval of the governing board
22    of the district, or on the grounds within  500  feet  of  any
23    building  owned by a forest preserve district organized under
24    the Downstate Forest Preserve District Act during times  when
25    food  is  dispensed  for  consumption  within 500 feet of the
26    building from which the food is  dispensed,  subject  to  the
27    approval  of  the  governing  board  of the district, or in a
28    building owned by a Local  Mass  Transit  District  organized
29    under  the  Local  Mass  Transit District Act, subject to the
30    approval of the  governing  Board  of  the  District,  or  in
31    Bicentennial  Park, or on the premises of the City of Mendota
32    Lake Park located adjacent to Route 51 in Mendota,  Illinois,
33    or  on  the premises of Camden Park in Milan, Illinois, or in
34    the community center owned by the City of Loves Park that  is
 
SB1909 Engrossed            -6-               LRB9214258EGfgA
 1    located at 1000 River Park Drive in Loves Park, Illinois, or,
 2    in  connection  with  the  operation  of  an established food
 3    serving facility during times  when  food  is  dispensed  for
 4    consumption  on  the  premises, and at the following aquarium
 5    and  museums  located  in  public  parks:  Art  Institute  of
 6    Chicago, Chicago  Academy  of  Sciences,  Chicago  Historical
 7    Society,  Field  Museum of Natural History, Museum of Science
 8    and Industry, DuSable Museum  of  African  American  History,
 9    John  G. Shedd Aquarium and Adler Planetarium, or at Lakeview
10    Museum of Arts and Sciences in Peoria, or in connection  with
11    the  operation  of  the  facilities of the Chicago Zoological
12    Society or the Chicago Horticultural Society on land owned by
13    the Forest Preserve District of Cook County, or on  any  land
14    used  for a golf course or for recreational purposes owned by
15    the Forest Preserve District of Cook County, subject  to  the
16    control   of   the   Forest   Preserve   District   Board  of
17    Commissioners and applicable local law,  provided  that  dram
18    shop  liability  insurance  is  provided  at maximum coverage
19    limits so as to hold the District harmless from all financial
20    loss, damage, and harm, or in any building  located  on  land
21    owned  by  the  Chicago Park District if approved by the Park
22    District Commissioners, or on any land used for a golf course
23    or for  recreational  purposes  and  owned  by  the  Illinois
24    International  Port  District  if  approved by the District's
25    governing board, or at  any  airport,  golf  course,  faculty
26    center,  or  facility in which conference and convention type
27    activities take place belonging to or under  control  of  any
28    State   university  or  public  community  college  district,
29    provided that with respect to a facility for  conference  and
30    convention type activities alcoholic liquors shall be limited
31    to  the  use  of the convention or conference participants or
32    participants in cultural, political or educational activities
33    held in  such  facilities,  and  provided  further  that  the
34    faculty  or  staff  of  the  State  university  or  a  public
 
SB1909 Engrossed            -7-               LRB9214258EGfgA
 1    community  college district, or members of an organization of
 2    students, alumni, faculty or staff of the State university or
 3    a public community college district are  active  participants
 4    in  the  conference  or convention, or in Memorial Stadium on
 5    the campus of the University of Illinois at  Urbana-Champaign
 6    during games in which the Chicago Bears professional football
 7    team  is  playing  in  that  stadium during the renovation of
 8    Soldier Field, not more than one and a half hours before  the
 9    start  of the game and not after the end of the third quarter
10    of the game, or by a catering establishment which has  rented
11    facilities  from  a  board  of trustees of a public community
12    college district, or, if approved by the District  board,  on
13    land  owned  by the Metropolitan Sanitary District of Greater
14    Chicago and leased to others for a term of at least 20 years.
15    Nothing in this Section precludes the  sale  or  delivery  of
16    alcoholic  liquor  in  the form of original packaged goods in
17    premises located at 500 S. Racine in Chicago belonging to the
18    University of Illinois and used primarily as a grocery  store
19    by  a  commercial  tenant  during  the  term  of a lease that
20    predates the University's acquisition of  the  premises;  but
21    the  University  shall  have  no power or authority to renew,
22    transfer, or extend the lease with terms allowing the sale of
23    alcoholic liquor; and the sale of alcoholic liquor  shall  be
24    subject  to  all  local  laws  and  regulations.    After the
25    acquisition by Winnebago County of the  property  located  at
26    404  Elm  Street  in  Rockford,  a commercial tenant who sold
27    alcoholic liquor at retail on a portion of the property under
28    a valid license at the time of the acquisition  may  continue
29    to  do  so for so long as the tenant and the County may agree
30    under existing or future leases, subject to  all  local  laws
31    and regulations regarding the sale of alcoholic liquor.  Each
32    facility   shall  provide  dram  shop  liability  in  maximum
33    insurance coverage limits so as to save harmless  the  State,
34    municipality, State university, airport, golf course, faculty
 
SB1909 Engrossed            -8-               LRB9214258EGfgA
 1    center,  facility  in  which  conference  and convention type
 2    activities  take  place,  park  district,   Forest   Preserve
 3    District,   public   community  college  district,  aquarium,
 4    museum, or sanitary district from all financial loss,  damage
 5    or harm. Alcoholic liquors may be sold at retail in buildings
 6    of  golf  courses  owned by municipalities in connection with
 7    the operation of an established food serving facility  during
 8    times  when  food  is  dispensed  for  consumption  upon  the
 9    premises.  Alcoholic  liquors may be delivered to and sold at
10    retail in any building owned by a  fire  protection  district
11    organized  under  the  Fire Protection District Act, provided
12    that such delivery and sale  is  approved  by  the  board  of
13    trustees  of  the  district,  and  provided further that such
14    delivery and sale is limited to fundraising events and  to  a
15    maximum of 6 events per year.
16        Alcoholic  liquor  may be delivered to and sold at retail
17    in the Dorchester Senior Business Center owned by the Village
18    of Dolton if the alcoholic liquor is sold or  dispensed  only
19    in  connection with organized functions for which the planned
20    attendance is 20 or  more  persons,  and  if  the  person  or
21    facility  selling  or  dispensing  the  alcoholic  liquor has
22    provided dram shop liability insurance in maximum  limits  so
23    as  to hold harmless the Village of Dolton and the State from
24    all financial loss, damage and harm.
25        Alcoholic liquors may be delivered to and sold at  retail
26    in any building used as an Illinois State Armory provided:
27             (i)  the  Adjutant  General's written consent to the
28        issuance of a license to sell alcoholic  liquor  in  such
29        building is filed with the Commission;
30             (ii)  the alcoholic liquor is sold or dispensed only
31        in  connection  with  organized functions held on special
32        occasions;
33             (iii)  the organized function is one for  which  the
34        planned attendance is 25 or more persons; and
 
SB1909 Engrossed            -9-               LRB9214258EGfgA
 1             (iv)  the   facility   selling   or  dispensing  the
 2        alcoholic  liquors  has  provided  dram  shop   liability
 3        insurance  in  maximum  limits so as to save harmless the
 4        facility and the State from all financial loss, damage or
 5        harm.
 6        Alcoholic liquors may be delivered to and sold at  retail
 7    in the Chicago Civic Center, provided that:
 8             (i)  the  written  consent  of  the  Public Building
 9        Commission which administers the Chicago Civic Center  is
10        filed with the Commission;
11             (ii)  the alcoholic liquor is sold or dispensed only
12        in  connection  with  organized functions held on special
13        occasions;
14             (iii)  the organized function is one for  which  the
15        planned attendance is 25 or more persons;
16             (iv)  the   facility   selling   or  dispensing  the
17        alcoholic  liquors  has  provided  dram  shop   liability
18        insurance  in  maximum  limits so as to hold harmless the
19        Civic Center, the City of Chicago and the State from  all
20        financial loss, damage or harm; and
21             (v)  all  applicable  local  ordinances are complied
22        with.
23        Alcoholic  liquors  may  be  delivered  or  sold  in  any
24    building belonging to or  under  the  control  of  any  city,
25    village  or  incorporated  town  where  more  than 75% of the
26    physical properties of the building is used for commercial or
27    recreational purposes, and the building  is  located  upon  a
28    pier extending into or over the waters of a navigable lake or
29    stream  or  on  the  shore  of  a  navigable  lake or stream.
30    Alcoholic liquor may be sold in buildings under  the  control
31    of  the  Department of Natural Resources when written consent
32    to the issuance of a license to sell alcoholic liquor in such
33    buildings is filed with the Commission by the  Department  of
34    Natural  Resources.  Notwithstanding  any  other provision of
 
SB1909 Engrossed            -10-              LRB9214258EGfgA
 1    this Act, alcoholic liquor sold by a United States Army Corps
 2    of   Engineers   or   Department   of    Natural    Resources
 3    concessionaire   who  was  operating  on  June  1,  1991  for
 4    on-premises consumption only is not subject to the provisions
 5    of Articles IV and IX. Beer and  wine  may  be  sold  on  the
 6    premises  of  the  Joliet  Park District Stadium owned by the
 7    Joliet Park District when written consent to the issuance  of
 8    a  license  to  sell  beer and wine in such premises is filed
 9    with  the  local  liquor  commissioner  by  the  Joliet  Park
10    District. Beer and wine may  be  sold  in  buildings  on  the
11    grounds  of State veterans' homes when written consent to the
12    issuance of a license to sell beer and wine in such buildings
13    is filed with the Commission by the Department  of  Veterans'
14    Affairs,  and  the facility shall provide dram shop liability
15    in maximum insurance  coverage  limits  so  as  to  save  the
16    facility  harmless  from  all financial loss, damage or harm.
17    Such liquors may be delivered to and  sold  at  any  property
18    owned  or  held  under  lease  by  a  Metropolitan  Pier  and
19    Exposition   Authority   or   Metropolitan   Exposition   and
20    Auditorium Authority.
21        Beer  and  wine may be sold and dispensed at professional
22    sporting  events  and  at  professional  concerts  and  other
23    entertainment events  conducted  on  premises  owned  by  the
24    Forest  Preserve  District  of  Kane  County,  subject to the
25    control of the District Commissioners  and  applicable  local
26    law,  provided that dram shop liability insurance is provided
27    at maximum  coverage  limits  so  as  to  hold  the  District
28    harmless from all financial loss, damage and harm.
29        Nothing  in  this  Section  shall  preclude  the  sale or
30    delivery of beer and wine at a State or county  fair  or  the
31    sale  or  delivery  of  beer  or  wine  at a city fair in any
32    otherwise lawful manner.
33        Alcoholic liquors may be sold at retail in  buildings  in
34    State  parks  under  the control of the Department of Natural
 
SB1909 Engrossed            -11-              LRB9214258EGfgA
 1    Resources, provided:
 2             a.  the State park has overnight lodging  facilities
 3        with  some restaurant facilities or, not having overnight
 4        lodging facilities, has restaurant facilities which serve
 5        complete luncheon and dinner or supper meals,
 6             b.  consent to the issuance of  a  license  to  sell
 7        alcoholic  liquors  in  the buildings has been filed with
 8        the commission by the Department  of  Natural  Resources,
 9        and
10             c.  the alcoholic liquors are sold by the State park
11        lodge  or restaurant concessionaire only during the hours
12        from  11  o'clock  a.m.  until   12   o'clock   midnight.
13        Notwithstanding   any   other   provision  of  this  Act,
14        alcoholic liquor sold by the  State  park  or  restaurant
15        concessionaire  is  not  subject  to  the  provisions  of
16        Articles IV and IX.
17        Alcoholic  liquors  may be sold at retail in buildings on
18    properties under the control  of  the  Historic  Preservation
19    Agency provided:
20             a.  the  property  has  overnight lodging facilities
21        with some restaurant facilities or, not having  overnight
22        lodging facilities, has restaurant facilities which serve
23        complete luncheon and dinner or supper meals,
24             b.  consent  to  the  issuance  of a license to sell
25        alcoholic liquors in the buildings has  been  filed  with
26        the commission by the Historic Preservation Agency, and
27             c.  the  alcoholic  liquors are sold by the lodge or
28        restaurant concessionaire only during the hours  from  11
29        o'clock a.m. until 12 o'clock midnight.
30        The  sale  of  alcoholic liquors pursuant to this Section
31    does  not  authorize  the  establishment  and  operation   of
32    facilities  commonly  called taverns, saloons, bars, cocktail
33    lounges,  and  the  like  except  as  a  part  of  lodge  and
34    restaurant facilities in State parks or golf courses owned by
 
SB1909 Engrossed            -12-              LRB9214258EGfgA
 1    Forest Preserve Districts with  a  population  of  less  than
 2    3,000,000 or municipalities or park districts.
 3        Alcoholic   liquors   may   be  sold  at  retail  in  the
 4    Springfield Administration  Building  of  the  Department  of
 5    Transportation  and the Illinois State Armory in Springfield;
 6    provided,  that  the  controlling  government  authority  may
 7    consent to such sales only if
 8             a.  the   request   is   from    a    not-for-profit
 9        organization;
10             b.  such sales would not impede normal operations of
11        the departments involved;
12             c.  the  not-for-profit  organization  provides dram
13        shop liability in maximum insurance coverage  limits  and
14        agrees  to  defend, save harmless and indemnify the State
15        of Illinois from all financial loss, damage or harm;
16             d.  no such sale shall be made during normal working
17        hours of the State of Illinois; and
18             e.  the consent is in writing.
19        Alcoholic liquors may be sold at retail in  buildings  in
20    recreational  areas  of river conservancy districts under the
21    control of, or leased from, the river conservancy  districts.
22    Such  sales  are  subject  to reasonable local regulations as
23    provided in Article IV;  however,  no  such  regulations  may
24    prohibit  or  substantially  impair  the  sale  of  alcoholic
25    liquors on Sundays or Holidays.
26        Alcoholic  liquors  may  be  provided  in  long term care
27    facilities owned or operated by a county under Division  5-21
28    or  5-22  of the Counties Code, when approved by the facility
29    operator and not in conflict  with  the  regulations  of  the
30    Illinois  Department  of  Public  Health, to residents of the
31    facility who have had  their  consumption  of  the  alcoholic
32    liquors  provided approved in writing by a physician licensed
33    to practice medicine in all its branches.
34        Alcoholic liquors may be delivered to  and  dispensed  in
 
SB1909 Engrossed            -13-              LRB9214258EGfgA
 1    State  housing  assigned  to  employees  of the Department of
 2    Corrections. No person shall furnish or allow to be furnished
 3    any alcoholic liquors to any prisoner confined in  any  jail,
 4    reformatory,  prison  or  house  of  correction except upon a
 5    physician's prescription for medicinal purposes.
 6        Alcoholic liquors may be sold at retail or  dispensed  at
 7    the Willard Ice Building in Springfield, at the State Library
 8    in  Springfield,  and  at Illinois State Museum facilities by
 9    (1) an agency of the State, whether legislative, judicial  or
10    executive,  provided  that  such agency first obtains written
11    permission to sell or dispense  alcoholic  liquors  from  the
12    controlling  government authority, or by (2) a not-for-profit
13    organization, provided that such organization:
14             a.  Obtains written  consent  from  the  controlling
15        government authority;
16             b.  Sells  or  dispenses  the alcoholic liquors in a
17        manner that does not impair normal  operations  of  State
18        offices located in the building;
19             c.  Sells  or  dispenses  alcoholic  liquors only in
20        connection with an official activity in the building;
21             d.  Provides, or its catering service provides, dram
22        shop liability insurance in maximum coverage  limits  and
23        in  which the carrier agrees to defend, save harmless and
24        indemnify the State of Illinois from all financial  loss,
25        damage  or  harm arising out of the selling or dispensing
26        of alcoholic liquors.
27        Nothing  in  this  Act  shall  prevent  a  not-for-profit
28    organization or  agency  of  the  State  from  employing  the
29    services  of  a  catering  establishment  for  the selling or
30    dispensing of alcoholic liquors at authorized functions.
31        The controlling government authority for the Willard  Ice
32    Building   in  Springfield  shall  be  the  Director  of  the
33    Department of Revenue.  The controlling government  authority
34    for Illinois State Museum facilities shall be the Director of
 
SB1909 Engrossed            -14-              LRB9214258EGfgA
 1    the   Illinois  State  Museum.   The  controlling  government
 2    authority for the State Library in Springfield shall  be  the
 3    Secretary of State.
 4        Alcoholic  liquors may be delivered to and sold at retail
 5    or dispensed at any facility, property or building under  the
 6    jurisdiction  of  the  Historic Preservation Agency where the
 7    delivery, sale or dispensing is  by  (1)  an  agency  of  the
 8    State,  whether  legislative, judicial or executive, provided
 9    that such agency first obtains written permission to sell  or
10    dispense  alcoholic  liquors  from  a  controlling government
11    authority, or by (2) a not-for-profit  organization  provided
12    that such organization:
13             a.  Obtains  written  consent  from  the controlling
14        government authority;
15             b.  Sells or dispenses the alcoholic  liquors  in  a
16        manner  that  does  not  impair  normal workings of State
17        offices or operations located at the  facility,  property
18        or building;
19             c.  Sells  or  dispenses  alcoholic  liquors only in
20        connection   with   an   official   activity    of    the
21        not-for-profit  organization in the facility, property or
22        building;
23             d.  Provides, or its catering service provides, dram
24        shop liability insurance in maximum coverage  limits  and
25        in  which the carrier agrees to defend, save harmless and
26        indemnify the State of Illinois from all financial  loss,
27        damage  or  harm arising out of the selling or dispensing
28        of alcoholic liquors.
29        The controlling government  authority  for  the  Historic
30    Preservation  Agency  shall  be  the Director of the Historic
31    Preservation Agency.
32        Alcoholic liquors may be sold at retail or  dispensed  at
33    the James R. Thompson Center in Chicago and 222 South College
34    Street in Springfield, Illinois by (1) a commercial tenant or
 
SB1909 Engrossed            -15-              LRB9214258EGfgA
 1    subtenant  conducting  business on the premises under a lease
 2    made pursuant to Section 405-315 of the Department of Central
 3    Management Services Law (20 ILCS 405/405-315), provided  that
 4    such  tenant  or  subtenant  who sells or dispenses alcoholic
 5    liquors  shall  procure  and  maintain  dram  shop  liability
 6    insurance in maximum coverage limits and in which the carrier
 7    agrees to defend, indemnify and save harmless  the  State  of
 8    Illinois  from all financial loss, damage or harm arising out
 9    of the sale or dispensing of alcoholic liquors, or by (2)  an
10    agency   of  the  State,  whether  legislative,  judicial  or
11    executive, provided that such agency  first  obtains  written
12    permission  to  sell  or  dispense alcoholic liquors from the
13    Director  of  Central  Management  Services,  or  by  (3)   a
14    not-for-profit organization, provided that such organization:
15             a.  Obtains  written  consent from the Department of
16        Central Management Services;
17             b.  Sells or dispenses the alcoholic  liquors  in  a
18        manner  that  does  not impair normal operations of State
19        offices located in the building;
20             c.  Sells or dispenses  alcoholic  liquors  only  in
21        connection with an official activity in the building;
22             d.  Provides, or its catering service provides, dram
23        shop  liability  insurance in maximum coverage limits and
24        in which the carrier agrees to defend, save harmless  and
25        indemnify  the State of Illinois from all financial loss,
26        damage or harm arising out of the selling  or  dispensing
27        of alcoholic liquors.
28        Nothing  in  this  Act  shall  prevent  a  not-for-profit
29    organization  or  agency  of  the  State  from  employing the
30    services of a  catering  establishment  for  the  selling  or
31    dispensing  of  alcoholic  liquors at functions authorized by
32    the Director of Central Management Services.
33        Alcoholic  liquors  may  be  sold  or  delivered  at  any
34    facility owned by the Illinois  Sports  Facilities  Authority
 
SB1909 Engrossed            -16-              LRB9214258EGfgA
 1    provided  that  dram  shop  liability insurance has been made
 2    available in a form, with such coverage and in  such  amounts
 3    as the Authority reasonably determines is necessary.
 4        Alcoholic  liquors  may be sold at retail or dispensed at
 5    the Rockford State Office Building by (1) an  agency  of  the
 6    State,  whether  legislative, judicial or executive, provided
 7    that such agency first obtains written permission to sell  or
 8    dispense  alcoholic  liquors  from  the Department of Central
 9    Management Services, or by (2) a not-for-profit organization,
10    provided that such organization:
11             a.  Obtains written consent from the  Department  of
12        Central Management Services;
13             b.  Sells  or  dispenses  the alcoholic liquors in a
14        manner that does not impair normal  operations  of  State
15        offices located in the building;
16             c.  Sells  or  dispenses  alcoholic  liquors only in
17        connection with an official activity in the building;
18             d.  Provides, or its catering service provides, dram
19        shop liability insurance in maximum coverage  limits  and
20        in  which the carrier agrees to defend, save harmless and
21        indemnify the State of Illinois from all financial  loss,
22        damage  or  harm arising out of the selling or dispensing
23        of alcoholic liquors.
24        Nothing  in  this  Act  shall  prevent  a  not-for-profit
25    organization or  agency  of  the  State  from  employing  the
26    services  of  a  catering  establishment  for  the selling or
27    dispensing of alcoholic liquors at  functions  authorized  by
28    the Department of Central Management Services.
29        Alcoholic  liquors may be sold or delivered in a building
30    that is owned by McLean County, situated on land owned by the
31    county in the City of Bloomington, and  used  by  the  McLean
32    County Historical Society if the sale or delivery is approved
33    by  an  ordinance  adopted  by  the  county  board,  and  the
34    municipality  in  which  the  building  is  located  may  not
 
SB1909 Engrossed            -17-              LRB9214258EGfgA
 1    prohibit  that  sale  or  delivery, notwithstanding any other
 2    provision of this Section.  The regulation of  the  sale  and
 3    delivery  of  alcoholic liquor in a building that is owned by
 4    McLean County, situated on land owned by the county, and used
 5    by the McLean County Historical Society as provided  in  this
 6    paragraph is an exclusive power and function of the State and
 7    is  a  denial  and  limitation  under Article VII, Section 6,
 8    subsection (h) of the Illinois Constitution of the power of a
 9    home rule municipality to regulate that sale and delivery.
10        Alcoholic  liquors  may  be  sold  or  delivered  in  any
11    building situated on  land  held  in  trust  for  any  school
12    district  organized  under  Article 34 of the School Code, if
13    the building is not used for school purposes and if the  sale
14    or delivery is approved by the board of education.
15        Alcoholic  liquors  may be sold or delivered in buildings
16    owned by the Community Building Complex  Committee  of  Boone
17    County,  Illinois  if  the  person  or  facility  selling  or
18    dispensing  the  alcoholic  liquor  has  provided  dram  shop
19    liability  insurance  with  coverage  and in amounts that the
20    Committee reasonably determines are necessary.
21        Alcoholic  liquors  may  be  sold  or  delivered  in  the
22    building located at 1200 Centerville  Avenue  in  Belleville,
23    Illinois  and  occupied by either the Belleville Area Special
24    Education District or the Belleville  Area  Special  Services
25    Cooperative.
26    (Source:   P.A.  91-239,  eff.  1-1-00;  91-922, eff. 7-7-00;
27    92-512, eff. 1-1-02.)

28        Section 99.  Effective date.  This Act takes effect  upon
29    becoming law.





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