Public Act 93-0627
HB0741 Enrolled LRB093 05424 LRD 05515 b
AN ACT in relation to alcoholic liquor.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Sections 5-2 and 6-15 as follows:
(235 ILCS 5/5-2) (from Ch. 43, par. 117)
Sec. 5-2. All licenses, except a non-beverage user's, a
special use permit, and a special event retailer's license,
issued by the State Commission, shall be valid from the date
of issuance through the last day of the eleventh month that
begins after the month in which the license is issued for not
to exceed one year after issuance unless sooner revoked or
suspended as provided in this Act provided. A non-beverage
user's license shall expire only when the quantity of
alcoholic liquor which may be purchased under it has been
exhausted. A special use permit license and a special event
retailer's license (not-for-profit) shall be issued for a
specific time period, not to exceed 15 days per licensee per
location in any 12 month period. Licenses shall state thereon
the class to which they belong, the names of the licensees
and the addresses and description of the premises for which
they are granted, or in the case of caterer retailers,
auctions, railroads, airplanes and boats, a designation
thereof by number or name; and shall state the dates of their
issuance and expiration.
(Source: P.A. 88-91.)
(235 ILCS 5/6-15) (from Ch. 43, par. 130)
Sec. 6-15. No alcoholic liquors shall be sold or
delivered in any building belonging to or under the control
of the State or any political subdivision thereof except as
provided in this Act. The corporate authorities of any city,
village, incorporated town or township may provide by
ordinance, however, that alcoholic liquor may be sold or
delivered in any specifically designated building belonging
to or under the control of the municipality or township, or
in any building located on land under the control of the
municipality; provided that such township complies with all
applicable local ordinances in any incorporated area of the
township. Alcoholic liquors may be delivered to and sold at
any airport belonging to or under the control of a
municipality of more than 25,000 inhabitants, or in any
building or on any golf course owned by a park district
organized under the Park District Code, subject to the
approval of the governing board of the district, or in any
building or on any golf course owned by a forest preserve
district organized under the Downstate Forest Preserve
District Act, subject to the approval of the governing board
of the district, or on the grounds within 500 feet of any
building owned by a forest preserve district organized under
the Downstate Forest Preserve District Act during times when
food is dispensed for consumption within 500 feet of the
building from which the food is dispensed, subject to the
approval of the governing board of the district, or in a
building owned by a Local Mass Transit District organized
under the Local Mass Transit District Act, subject to the
approval of the governing Board of the District, or in
Bicentennial Park, or on the premises of the City of Mendota
Lake Park located adjacent to Route 51 in Mendota, Illinois,
or on the premises of Camden Park in Milan, Illinois, or in
the community center owned by the City of Loves Park that is
located at 1000 River Park Drive in Loves Park, Illinois, or,
in connection with the operation of an established food
serving facility during times when food is dispensed for
consumption on the premises, and at the following aquarium
and museums located in public parks: Art Institute of
Chicago, Chicago Academy of Sciences, Chicago Historical
Society, Field Museum of Natural History, Museum of Science
and Industry, DuSable Museum of African American History,
John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
Museum of Arts and Sciences in Peoria, or in connection with
the operation of the facilities of the Chicago Zoological
Society or the Chicago Horticultural Society on land owned by
the Forest Preserve District of Cook County, or on any land
used for a golf course or for recreational purposes owned by
the Forest Preserve District of Cook County, subject to the
control of the Forest Preserve District Board of
Commissioners and applicable local law, provided that dram
shop liability insurance is provided at maximum coverage
limits so as to hold the District harmless from all financial
loss, damage, and harm, or in any building located on land
owned by the Chicago Park District if approved by the Park
District Commissioners, or on any land used for a golf course
or for recreational purposes and owned by the Illinois
International Port District if approved by the District's
governing board, or at any airport, golf course, faculty
center, or facility in which conference and convention type
activities take place belonging to or under control of any
State university or public community college district,
provided that with respect to a facility for conference and
convention type activities alcoholic liquors shall be limited
to the use of the convention or conference participants or
participants in cultural, political or educational activities
held in such facilities, and provided further that the
faculty or staff of the State university or a public
community college district, or members of an organization of
students, alumni, faculty or staff of the State university or
a public community college district are active participants
in the conference or convention, or in Memorial Stadium on
the campus of the University of Illinois at Urbana-Champaign
during games in which the Chicago Bears professional football
team is playing in that stadium during the renovation of
Soldier Field, not more than one and a half hours before the
start of the game and not after the end of the third quarter
of the game, or by a catering establishment which has rented
facilities from a board of trustees of a public community
college district, or, if approved by the District board, on
land owned by the Metropolitan Sanitary District of Greater
Chicago and leased to others for a term of at least 20 years.
Nothing in this Section precludes the sale or delivery of
alcoholic liquor in the form of original packaged goods in
premises located at 500 S. Racine in Chicago belonging to the
University of Illinois and used primarily as a grocery store
by a commercial tenant during the term of a lease that
predates the University's acquisition of the premises; but
the University shall have no power or authority to renew,
transfer, or extend the lease with terms allowing the sale of
alcoholic liquor; and the sale of alcoholic liquor shall be
subject to all local laws and regulations. After the
acquisition by Winnebago County of the property located at
404 Elm Street in Rockford, a commercial tenant who sold
alcoholic liquor at retail on a portion of the property under
a valid license at the time of the acquisition may continue
to do so for so long as the tenant and the County may agree
under existing or future leases, subject to all local laws
and regulations regarding the sale of alcoholic liquor. Each
facility shall provide dram shop liability in maximum
insurance coverage limits so as to save harmless the State,
municipality, State university, airport, golf course, faculty
center, facility in which conference and convention type
activities take place, park district, Forest Preserve
District, public community college district, aquarium,
museum, or sanitary district from all financial loss, damage
or harm. Alcoholic liquors may be sold at retail in buildings
of golf courses owned by municipalities in connection with
the operation of an established food serving facility during
times when food is dispensed for consumption upon the
premises. Alcoholic liquors may be delivered to and sold at
retail in any building owned by a fire protection district
organized under the Fire Protection District Act, provided
that such delivery and sale is approved by the board of
trustees of the district, and provided further that such
delivery and sale is limited to fundraising events and to a
maximum of 6 events per year.
Alcoholic liquor may be delivered to and sold at retail
in the Dorchester Senior Business Center owned by the Village
of Dolton if the alcoholic liquor is sold or dispensed only
in connection with organized functions for which the planned
attendance is 20 or more persons, and if the person or
facility selling or dispensing the alcoholic liquor has
provided dram shop liability insurance in maximum limits so
as to hold harmless the Village of Dolton and the State from
all financial loss, damage and harm.
Alcoholic liquors may be delivered to and sold at retail
in any building used as an Illinois State Armory provided:
(i) the Adjutant General's written consent to the
issuance of a license to sell alcoholic liquor in such
building is filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only
in connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons; and
(iv) the facility selling or dispensing the
alcoholic liquors has provided dram shop liability
insurance in maximum limits so as to save harmless the
facility and the State from all financial loss, damage or
harm.
Alcoholic liquors may be delivered to and sold at retail
in the Chicago Civic Center, provided that:
(i) the written consent of the Public Building
Commission which administers the Chicago Civic Center is
filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only
in connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons;
(iv) the facility selling or dispensing the
alcoholic liquors has provided dram shop liability
insurance in maximum limits so as to hold harmless the
Civic Center, the City of Chicago and the State from all
financial loss, damage or harm; and
(v) all applicable local ordinances are complied
with.
Alcoholic liquors may be delivered or sold in any
building belonging to or under the control of any city,
village or incorporated town where more than 75% of the
physical properties of the building is used for commercial or
recreational purposes, and the building is located upon a
pier extending into or over the waters of a navigable lake or
stream or on the shore of a navigable lake or stream.
Alcoholic liquor may be sold in buildings under the control
of the Department of Natural Resources when written consent
to the issuance of a license to sell alcoholic liquor in such
buildings is filed with the Commission by the Department of
Natural Resources. Notwithstanding any other provision of
this Act, alcoholic liquor sold by a United States Army Corps
of Engineers or Department of Natural Resources
concessionaire who was operating on June 1, 1991 for
on-premises consumption only is not subject to the provisions
of Articles IV and IX. Beer and wine may be sold on the
premises of the Joliet Park District Stadium owned by the
Joliet Park District when written consent to the issuance of
a license to sell beer and wine in such premises is filed
with the local liquor commissioner by the Joliet Park
District. Beer and wine may be sold in buildings on the
grounds of State veterans' homes when written consent to the
issuance of a license to sell beer and wine in such buildings
is filed with the Commission by the Department of Veterans'
Affairs, and the facility shall provide dram shop liability
in maximum insurance coverage limits so as to save the
facility harmless from all financial loss, damage or harm.
Such liquors may be delivered to and sold at any property
owned or held under lease by a Metropolitan Pier and
Exposition Authority or Metropolitan Exposition and
Auditorium Authority.
Beer and wine may be sold and dispensed at professional
sporting events and at professional concerts and other
entertainment events conducted on premises owned by the
Forest Preserve District of Kane County, subject to the
control of the District Commissioners and applicable local
law, provided that dram shop liability insurance is provided
at maximum coverage limits so as to hold the District
harmless from all financial loss, damage and harm.
Nothing in this Section shall preclude the sale or
delivery of beer and wine at a State or county fair or the
sale or delivery of beer or wine at a city fair in any
otherwise lawful manner.
Alcoholic liquors may be sold at retail in buildings in
State parks under the control of the Department of Natural
Resources, provided:
a. the State park has overnight lodging facilities
with some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. consent to the issuance of a license to sell
alcoholic liquors in the buildings has been filed with
the commission by the Department of Natural Resources,
and
c. the alcoholic liquors are sold by the State park
lodge or restaurant concessionaire only during the hours
from 11 o'clock a.m. until 12 o'clock midnight.
Notwithstanding any other provision of this Act,
alcoholic liquor sold by the State park or restaurant
concessionaire is not subject to the provisions of
Articles IV and IX.
Alcoholic liquors may be sold at retail in buildings on
properties under the control of the Historic Sites and
Preservation Division of the Historic Preservation Agency or
the Abraham Lincoln Presidential Library and Museum provided:
a. the property has overnight lodging facilities
with some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. consent to the issuance of a license to sell
alcoholic liquors in the buildings has been filed with
the commission by the Historic Sites and Preservation
Division of the Historic Preservation Agency or the
Abraham Lincoln Presidential Library and Museum, and
c. the alcoholic liquors are sold by the lodge or
restaurant concessionaire only during the hours from 11
o'clock a.m. until 12 o'clock midnight.
The sale of alcoholic liquors pursuant to this Section
does not authorize the establishment and operation of
facilities commonly called taverns, saloons, bars, cocktail
lounges, and the like except as a part of lodge and
restaurant facilities in State parks or golf courses owned by
Forest Preserve Districts with a population of less than
3,000,000 or municipalities or park districts.
Alcoholic liquors may be sold at retail in the
Springfield Administration Building of the Department of
Transportation and the Illinois State Armory in Springfield;
provided, that the controlling government authority may
consent to such sales only if
a. the request is from a not-for-profit
organization;
b. such sales would not impede normal operations of
the departments involved;
c. the not-for-profit organization provides dram
shop liability in maximum insurance coverage limits and
agrees to defend, save harmless and indemnify the State
of Illinois from all financial loss, damage or harm;
d. no such sale shall be made during normal working
hours of the State of Illinois; and
e. the consent is in writing.
Alcoholic liquors may be sold at retail in buildings in
recreational areas of river conservancy districts under the
control of, or leased from, the river conservancy districts.
Such sales are subject to reasonable local regulations as
provided in Article IV; however, no such regulations may
prohibit or substantially impair the sale of alcoholic
liquors on Sundays or Holidays.
Alcoholic liquors may be provided in long term care
facilities owned or operated by a county under Division 5-21
or 5-22 of the Counties Code, when approved by the facility
operator and not in conflict with the regulations of the
Illinois Department of Public Health, to residents of the
facility who have had their consumption of the alcoholic
liquors provided approved in writing by a physician licensed
to practice medicine in all its branches.
Alcoholic liquors may be delivered to and dispensed in
State housing assigned to employees of the Department of
Corrections. No person shall furnish or allow to be furnished
any alcoholic liquors to any prisoner confined in any jail,
reformatory, prison or house of correction except upon a
physician's prescription for medicinal purposes.
Alcoholic liquors may be sold at retail or dispensed at
the Willard Ice Building in Springfield, at the State Library
in Springfield, and at Illinois State Museum facilities by
(1) an agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the
controlling government authority, or by (2) a not-for-profit
organization, provided that such organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at authorized functions.
The controlling government authority for the Willard Ice
Building in Springfield shall be the Director of the
Department of Revenue. The controlling government authority
for Illinois State Museum facilities shall be the Director of
the Illinois State Museum. The controlling government
authority for the State Library in Springfield shall be the
Secretary of State.
Alcoholic liquors may be delivered to and sold at retail
or dispensed at any facility, property or building under the
jurisdiction of the Historic Sites and Preservation Division
of the Historic Preservation Agency or the Abraham Lincoln
Presidential Library and Museum where the delivery, sale or
dispensing is by (1) an agency of the State, whether
legislative, judicial or executive, provided that such agency
first obtains written permission to sell or dispense
alcoholic liquors from a controlling government authority, or
by (2) a not-for-profit organization provided that such
organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal workings of State
offices or operations located at the facility, property
or building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity of the
not-for-profit organization in the facility, property or
building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
The controlling government authority for the Historic
Sites and Preservation Division of the Historic Preservation
Agency shall be the Director of the Historic Sites and
Preservation, and the controlling government authority for
the Abraham Lincoln Presidential Library and Museum shall be
the Director of the Abraham Lincoln Presidential Library and
Museum.
Alcoholic liquors may be delivered to and sold at retail
or dispensed for consumption at the Michael Bilandic Building
at 160 North LaSalle Street, Chicago IL 60601, after the
normal business hours of any day care or child care facility
located in the building, by (1) a commercial tenant or
subtenant conducting business on the premises under a lease
made pursuant to Section 405-315 of the Department of Central
Management Services Law (20 ILCS 405/405-315), provided that
such tenant or subtenant who accepts delivery of, sells, or
dispenses alcoholic liquors shall procure and maintain dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, indemnify, and save
harmless the State of Illinois from all financial loss,
damage, or harm arising out of the delivery, sale, or
dispensing of alcoholic liquors, or by (2) an agency of the
State, whether legislative, judicial, or executive, provided
that such agency first obtains written permission to accept
delivery of and sell or dispense alcoholic liquors from the
Director of Central Management Services, or by (3) a
not-for-profit organization, provided that such organization:
a. obtains written consent from the Department of
Central Management Services;
b. accepts delivery of and sells or dispenses the
alcoholic liquors in a manner that does not impair normal
operations of State offices located in the building;
c. accepts delivery of and sells or dispenses
alcoholic liquors only in connection with an official
activity in the building; and
d. provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless, and
indemnify the State of Illinois from all financial loss,
damage, or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at functions authorized by
the Director of Central Management Services.
Alcoholic liquors may be sold at retail or dispensed at
the James R. Thompson Center in Chicago and 222 South College
Street in Springfield, Illinois by (1) a commercial tenant or
subtenant conducting business on the premises under a lease
made pursuant to Section 405-315 of the Department of Central
Management Services Law (20 ILCS 405/405-315), provided that
such tenant or subtenant who sells or dispenses alcoholic
liquors shall procure and maintain dram shop liability
insurance in maximum coverage limits and in which the carrier
agrees to defend, indemnify and save harmless the State of
Illinois from all financial loss, damage or harm arising out
of the sale or dispensing of alcoholic liquors, or by (2) an
agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the
Director of Central Management Services, or by (3) a
not-for-profit organization, provided that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at functions authorized by
the Director of Central Management Services.
Alcoholic liquors may be sold or delivered at any
facility owned by the Illinois Sports Facilities Authority
provided that dram shop liability insurance has been made
available in a form, with such coverage and in such amounts
as the Authority reasonably determines is necessary.
Alcoholic liquors may be sold at retail or dispensed at
the Rockford State Office Building by (1) an agency of the
State, whether legislative, judicial or executive, provided
that such agency first obtains written permission to sell or
dispense alcoholic liquors from the Department of Central
Management Services, or by (2) a not-for-profit organization,
provided that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at functions authorized by
the Department of Central Management Services.
Alcoholic liquors may be sold or delivered in a building
that is owned by McLean County, situated on land owned by the
county in the City of Bloomington, and used by the McLean
County Historical Society if the sale or delivery is approved
by an ordinance adopted by the county board, and the
municipality in which the building is located may not
prohibit that sale or delivery, notwithstanding any other
provision of this Section. The regulation of the sale and
delivery of alcoholic liquor in a building that is owned by
McLean County, situated on land owned by the county, and used
by the McLean County Historical Society as provided in this
paragraph is an exclusive power and function of the State and
is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution of the power of a
home rule municipality to regulate that sale and delivery.
Alcoholic liquors may be sold or delivered in any
building situated on land held in trust for any school
district organized under Article 34 of the School Code, if
the building is not used for school purposes and if the sale
or delivery is approved by the board of education.
Alcoholic liquors may be sold or delivered in buildings
owned by the Community Building Complex Committee of Boone
County, Illinois if the person or facility selling or
dispensing the alcoholic liquor has provided dram shop
liability insurance with coverage and in amounts that the
Committee reasonably determines are necessary.
Alcoholic liquors may be sold or delivered in the
building located at 1200 Centerville Avenue in Belleville,
Illinois and occupied by either the Belleville Area Special
Education District or the Belleville Area Special Services
Cooperative.
Alcoholic liquors may be delivered to and sold at the
Louis Joliet Renaissance Center, City Center Campus, located
at 214 N. Ottawa Street, Joliet, and the Food
Services/Culinary Arts Department facilities, Main Campus,
located at 1215 Houbolt Road, Joliet, owned by or under the
control of Joliet Junior College, Illinois Community College
District No. 525.
(Source: P.A. 91-239, eff. 1-1-00; 91-922, eff. 7-7-00;
92-512, eff. 1-1-02; 92-583, eff. 6-26-02; 92-600, eff.
7-1-02; revised 9-3-02.)