Who sponsors HB 2201?

HB 2201 is sponsored by Jack McGuire.

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Illinois 93rd Regular Session Status: Passed House

HB 2201 — LIQ CNTRL-EXEC DIRECTOR

Last action January 11, 2005 — Session Sine Die

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✓
Introduced
✓
In Committee
3
Passed House
4
Passed Senate
5
To Executive
6
Enacted

This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Liquor Control Act of 1934. Provides that the Executive Director of the Illinois Liquor Control Commission shall be appointed by the Governor, with the advice and consent of the Senate. Effective immediately.

Bill Text

What changed in the latest version

529 added · 12 removed

Plain-language change summary

In the updated version of HB 2201, changes were made to clarify the rules around various liquor licenses. Specifically, it states that most licenses will remain valid until they are revoked or suspended, while non-beverage licenses only expire after all permitted purchases are used up. This is important because it provides clearer guidelines for both license holders and regulators, ensuring that everyone understands the duration and conditions of these licenses.

~~093_HB2201~~HB2201 Engrossed LRB093 06405 LRD 11042 b AN ACT in relation to alcoholic liquor.

The Liquor Control Act of 1934 is amended by ~~adding~~changing ~~Section~~Sections ~~3-4.1~~5-2 and 6-15 as follows:

(235 ILCS ~~5/3-4.1~~5/5-2) ~~new)~~(from ~~_e_____________________i______________________n_____________~~Ch. ~~_____t_____________________n______________________9_____________~~ ~~_____b______________________D_____________________t_____________~~ ~~______b____________________d________________________t___________~~ ~~_____c_____________________a______________________r_____________~~ ~~_____t_____________________S_______________________c____________~~ ~~______u____________________c______________________d____________~~ ~~Section~~ ~~99.~~

~~Effective~~43, ~~date.~~par.

~~This~~117) ~~Act~~Sec. ~~takes~~ ~~effect~~ ~~upon~~ ~~becoming~~ ~~law.~~

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 f _____________ _____s_____________________s________________________m___________ _____s_____________________w______________________s_____ ------- -----x---------------------r---------- unless sooner revoked or suspended as p________ in this Act --------.

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 HB2201 Engrossed -2- LRB093 06405 LRD 11042 b 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 HB2201 Engrossed -3- LRB093 06405 LRD 11042 b 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 HB2201 Engrossed -4- LRB093 06405 LRD 11042 b 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 HB2201 Engrossed -5- LRB093 06405 LRD 11042 b 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 HB2201 Engrossed -6- LRB093 06405 LRD 11042 b 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;

Show all 145 changed lines (105 more)

(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 HB2201 Engrossed -7- LRB093 06405 LRD 11042 b 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:

the State park has overnight lodging facilities with some restaurant facilities or, not having overnight lodging facilities, has restaurant facilities which serve HB2201 Engrossed -8- LRB093 06405 LRD 11042 b 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:

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 HB2201 Engrossed -9- LRB093 06405 LRD 11042 b 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;

such sales would not impede normal operations of the departments involved;

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;

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 HB2201 Engrossed -10- LRB093 06405 LRD 11042 b 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:

Obtains written consent from the controlling government authority;

Sells or dispenses the alcoholic liquors in a manner that does not impair normal operations of State offices located in the building;

Sells or dispenses alcoholic liquors only in connection with an official activity in the building;

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 HB2201 Engrossed -11- LRB093 06405 LRD 11042 b 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:

Obtains written consent from the controlling government authority;

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;

Sells or dispenses alcoholic liquors only in connection with an official activity of the not-for-profit organization in the facility, property or building;

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 HB2201 Engrossed -12- LRB093 06405 LRD 11042 b the Director of the Abraham Lincoln Presidential Library and Museum.

_l______________________b_____________________o_____________ _____s_____________________o______________________n_____________ _____0_____________________t______________________,_____________ _____l_____________________a______________________c_____________ _____e______________________b_____________________l_____________ _____n_____________________i______________________u_____________ _____p_____________________0______________________n_____________ _____e_____________________0______________________r_____________ ______t_____________________w_____________________o_____________ _____n_____________________s______________________a_____________ ______l______________________i____________________l_____________ ______t_____________________t_____________________y_____________ _____e_____________________I______________________n_____________ _____e______________________o_____________________y_____________ _____n_____________________l______________________a_____________ _____,_____________________,______________________v_____________ ______s____________________b______________________i_____________ _____e_____________________s______________________r_____________ _____t_____________________n______________________r_____________ _____o_____________________n______________________o_____________ _________________e______________________e_____________ _e_____________________v______ _________________v______________________d_____________ _l______________________m_____________________i_____________ _p_____________________f______________________u________ _________________v______________________o_____________ _l______________________i______________________a____________ _c_____________________n_______ _________________i______________________r_____________ _h_____________________a______________________g_____________ _n_____________________g______________________h_____________ _n______________________I_____________________a_____________ HB2201 Engrossed -13- LRB093 06405 LRD 11042 b _a_____________________n______________________o_____________ _f____________________ _o_______________________s____________________o_____________ _____i_____________________f______________________m_____________ _____c______________________e_____________________h_____________ _____n_____________________q______________________u_____________ _____i_____________________n__________________ 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:

Obtains written consent from the Department of Central Management Services;

Sells or dispenses the alcoholic liquors in a manner that does not impair normal operations of State offices located in the building;

Sells or dispenses alcoholic liquors only in connection with an official activity in the building;

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 HB2201 Engrossed -14- LRB093 06405 LRD 11042 b indemnify the State of Illinois from all financial loss, damage or harm arising out of the selling or dispensing of alcoholic liquors.

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:

Obtains written consent from the Department of Central Management Services;

Sells or dispenses the alcoholic liquors in a manner that does not impair normal operations of State offices located in the building;

Sells or dispenses alcoholic liquors only in connection with an official activity in the building;

Nothing in this Act shall prevent a not-for-profit HB2201 Engrossed -15- LRB093 06405 LRD 11042 b 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 HB2201 Engrossed -16- LRB093 06405 LRD 11042 b Cooperative.

_l_____________________b______________________s_____________ _______J___________________C______________________m_____________ _____2_____________________t_________________________t__________ _____c_____________________a______________________M_____________ _____e_____________________R_______________________o____________ _____o_____________________o______________________n_____________ _____i____________ (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.)

Latest

~~093_HB2201~~ LRB093 06405 LRD 11042 b AN ACT in relation to alcoholic liquor.

HB2201 Engrossed LRB093 06405 LRD 11042 b AN ACT in relation to alcoholic liquor.

The Liquor Control Act of 1934 is amended by ~~adding~~ ~~Section~~ ~~3-4.1~~ as follows:

The Liquor Control Act of 1934 is amended by changing Sections 5-2 and 6-15 as follows:

(235 ILCS ~~5/3-4.1~~ ~~new)~~ ~~_e_____________________i______________________n_____________~~ ~~_____t_____________________n______________________9_____________~~ ~~_____b______________________D_____________________t_____________~~ ~~______b____________________d________________________t___________~~ ~~_____c_____________________a______________________r_____________~~ ~~_____t_____________________S_______________________c____________~~ ~~______u____________________c______________________d____________~~ ~~Section~~ ~~99.~~

(235 ILCS 5/5-2) (from Ch.

~~Effective~~ ~~date.~~

43, par.

~~This~~ ~~Act~~ ~~takes~~ ~~effect~~ ~~upon~~ ~~becoming~~ ~~law.~~

117) Sec.