605 ILCS 5/9-113.1
2021 Illinois Compiled Statutes|Chapter 605 - ROADS AND BRIDGES|605 ILCS 5/ - Illinois Highway Code.|Article 9 - General Highway Provisions

 (from Ch. 121, par. 9-113.1)Sec. 9-113.1.         (a) Except as otherwise provided in Sections 4-201.19 and  8-107.1 of this Code and in subsection (b) of this Section,  and except to the extent authorized in "An Act in relation to the construction,  operation, regulation and maintenance of a system of toll highways and to  create The Illinois State Toll Highway Authority, and to define its powers  and duties, to make an appropriation in conjunction therewith", approved  August 7, 1967, as amended, no commercial establishment for serving motorists  or highway users shall be constructed or located within the right-of-way  of, or on publicly-owned or publicly-leased land acquired or used for or  in connection with a highway. Nothing in this Act shall affect or impair  the application of Sections 4-210 and 4-211 of the Illinois Highway Code,  as now or hereafter amended to that portion of any highway where the rights  of direct private access thereto generally from abutting property have not  been extinguished by due process.Nothing in this Code shall prohibit the solicitation of donations or  contributions by a local nonprofit organization at a courtesy rest stop  which has been established by that organization.  A courtesy rest stop is a  temporary facility, locally sponsored, to encourage safety only on  nationally recognized holidays by promoting a "refreshment break" for  motorists.  The courtesy rest stop must be conducted for the express  purpose of improving the safety of highway travel and not primarily as an  advertisement for any organization or other activity.All courtesy rest stop activity shall be conducted completely within  existing safety rest areas located on freeways or other State highways and  only on those days recognized as national holidays.  Before granting  authorization to establish a courtesy rest area, the Department shall  determine that sufficient parking in the safety rest area or stop is  available without requiring vehicles to stop or park on any ramp or other  surface used for the movement of vehicles.  The refreshments and any other  service offered must be free of charge to the motorists.  However,  solicitation of free-will donations or contributions shall be permitted.  The Department shall cooperate with the  sponsoring organizations in the establishment of courtesy rest stops.(b) The Department may permit the placement and operation of vending  machines in safety rest areas constructed or located on rights-of-way of  non-toll fully access controlled State highways.  The Department shall  adopt rules and regulations governing the type of services provided,  location and operation of machines, and all other aspects necessary to  provide the best public service consistent with federal and State statutes.  The Department, when allowing for the installation of vending machines,  shall provide for the operation of such facilities through the Department of  Human Services, which is the State licensing agency  designated pursuant to Section 2(a) (5) of the federal Randolph-Sheppard  Vending  Stand Act of June 20, 1936 (49 Stat. 1559, Title 20, Sections 107-107F).  The Department of Human Services shall assign licensed  blind vendors to operate these vending facilities.  However, if, after  notification to all licensed blind vendors of the availability of a  particular site, none is interested in operating that site, the Department of  Human Services may contract for the operation of that  site by a private contractor.  Any income, after deduction for cost of items,  labor and a negotiated percentage of profit, shall accrue to the Department of  Human Services for the exclusive benefit of the vending  facilities  for the blind program or other programs of rehabilitation and training for  the blind administered by the Department of Human  Services.  The  Department of Human Services shall periodically notify  licensed  blind vendors of the availability of such contractually operated sites and  make them available to interested licensed blind vendors.(c) The Department of Transportation may not charge the operators of  vending facilities for any portion of the cost of rest area maintenance or  oversight services provided by its employees prior to the effective date of  this amendatory Act of 1985.  The Department shall not require the vending  machine operators to perform any services other than those related to  servicing and operating the approved vending machines.    (Source: P.A. 89-507, eff. 7-1-97.)