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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
LIQUOR (235 ILCS 5/) Liquor Control Act of 1934. 235 ILCS 5/6-17.5 (235 ILCS 5/6-17.5) Sec. 6-17.5. Purchase of wine or spirits by a retail licensee from another retail licensee. (a) No retail licensee may purchase wine or spirits from, or possess wine or spirits purchased from, any person other than a distributor or importing distributor; however, a retail licensee that purchases wine or spirits from a licensed Illinois retailer shall only receive a warning for the first 2 violations of this Section within a 12-month period. If a retail licensee violates this Section a third time within the same 12-month period of the preceding 2 warnings, then the retailer licensee may be subject to the penalties under Section 10-1. (b) A retailer that is delinquent in payment pursuant to Section 6-5 shall be prohibited from purchasing wine or spirits from another retailer pursuant to this Section until the indebtedness is cured.
(Source: P.A. 102-442, eff. 8-20-21.) |
235 ILCS 5/6-18
(235 ILCS 5/6-18) (from Ch. 43, par. 133a)
Sec. 6-18.
No home rule unit, as defined in Article VII of the Illinois
Constitution, may amend or alter or in any way change the legal age at which
persons may purchase, consume or possess alcoholic liquors as provided in
this Act, and it is declared to be the law of this State, pursuant to paragraphs
(h) and (i) of Section 6 of Article VII of the Constitution, that the establishment
of such legal age is an exercise of exclusive State power which may not
be exercised concurrently by a home rule unit.
(Source: P.A. 82-783.)
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235 ILCS 5/6-19
(235 ILCS 5/6-19) (from Ch. 43, par. 134)
Sec. 6-19.
(Repealed).
(Source: P.A. 82-783. Repealed by P.A. 90-432, eff. 1-1-98.)
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235 ILCS 5/6-20
(235 ILCS 5/6-20) (from Ch. 43, par. 134a)
Sec. 6-20. Transfer, possession, and consumption of alcoholic liquor; restrictions.
(a) Any person to whom the sale, gift or delivery of any alcoholic
liquor is prohibited because of age shall not purchase, or accept a gift of
such alcoholic liquor or have such alcoholic liquor in his possession.
(b) If a licensee or his or her agents or employees believes or has reason to
believe that a sale or delivery of any alcoholic liquor is prohibited
because of the non-age of the prospective recipient, he or she shall,
before
making such sale or delivery demand presentation of some form of
positive identification, containing proof of age, issued by a public
officer in the performance of his or her official duties.
(c) No person shall transfer, alter, or deface such an identification
card; use the identification card of another; carry or use a false or
forged identification card; or obtain an identification card by means of
false information. (d) No person shall purchase, accept delivery or have
possession of alcoholic liquor in violation of this Section. (e) The
consumption of alcoholic liquor by any person under 21 years of age is
forbidden. (f) Whoever violates any provisions of this Section shall be
guilty of a Class A misdemeanor.
(g) The possession and dispensing, or consumption by a person under 21 years
of age of alcoholic liquor in the performance of a religious
service or ceremony, or the consumption by a person under 21 years of
age under the direct supervision and approval of the parents
or parent or those persons standing in loco parentis of such person
under 21 years of age in the privacy of a home, is not
prohibited by this Act.
(h) The provisions of this Act prohibiting the possession of alcoholic liquor by a person under 21 years
of age and dispensing of alcoholic liquor to a person under 21 years
of age do not apply in the case of a student under 21 years
of age, but 18 years of age or older, who: (1) tastes, but does not imbibe, alcoholic liquor | | only during times of a regularly scheduled course while under the direct supervision of an instructor who is at least 21 years of age and employed by an educational institution described in subdivision (2);
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| (2) is enrolled as a student in a college,
| | university, or post-secondary educational institution that is accredited or certified by an agency recognized by the United States Department of Education or a nationally recognized accrediting agency or association, or that has a permit of approval issued by the Board of Higher Education pursuant to the Private Business and Vocational Schools Act of 2012;
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| (3) is participating in a culinary arts, fermentation
| | science, food service, or restaurant management degree program of which a portion of the program includes instruction on responsible alcoholic beverage serving methods modeled after the Beverage Alcohol Sellers and Server Education and Training (BASSET) curriculum; and
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| (4) tastes, but does not imbibe, alcoholic liquor for
| | instructional purposes up to, but not exceeding, 6 times per class as a part of a required course in which the student temporarily possesses alcoholic liquor for tasting, not imbibing, purposes only in a class setting on the campus and, thereafter, the alcoholic liquor is possessed and remains under the control of the instructor.
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| (i) A law enforcement officer may not charge or otherwise take a person into custody based solely on the commission of an offense that involves alcohol and violates subsection (d) or (e) of this Section if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply:
(1) The law enforcement officer has contact with the
| | person because that person either:
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| (A) requested emergency medical assistance for an
| | individual who reasonably appeared to be in need of medical assistance due to alcohol consumption; or
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| (B) acted in concert with another person who
| | requested emergency medical assistance for an individual who reasonably appeared to be in need of medical assistance due to alcohol consumption; however, the provisions of this subparagraph (B) shall not apply to more than 3 persons acting in concert for any one occurrence.
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| (2) The person described in subparagraph (A) or (B)
| | of paragraph (1) of this subsection (i):
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| (A) provided his or her full name and any other
| | relevant information requested by the law enforcement officer;
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| (B) remained at the scene with the individual who
| | reasonably appeared to be in need of medical assistance due to alcohol consumption until emergency medical assistance personnel arrived; and
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| (C) cooperated with emergency medical assistance
| | personnel and law enforcement officers at the scene.
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| (i-5) (1) In this subsection (i-5):
"Medical forensic services" has the meaning defined in Section 1a of the Sexual Assault Survivors Emergency Treatment Act.
"Sexual assault" means an act of sexual conduct or sexual penetration, defined in Section 11-0.1 of the Criminal Code of 2012, including, without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012.
(2) A law enforcement officer may not charge or otherwise take a person into custody based solely on the commission of an offense that involves alcohol and violates subsection (d) or (e) of this Section if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply:
(A) The law enforcement officer has contact with the
| | person because the person:
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| (i) reported that he or she was sexually
| | (ii) reported a sexual assault of another person
| | or requested emergency medical assistance or medical forensic services for another person who had been sexually assaulted; or
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| (iii) acted in concert with another person who
| | reported a sexual assault of another person or requested emergency medical assistance or medical forensic services for another person who had been sexually assaulted; however, the provisions of this item (iii) shall not apply to more than 3 persons acting in concert for any one occurrence.
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| The report of a sexual assault may have been made to
| | a health care provider, to law enforcement, including the campus police or security department of an institution of higher education, or to the Title IX coordinator of an institution of higher education or another employee of the institution responsible for responding to reports of sexual assault under State or federal law.
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| (B) The person who reports the sexual assault:
(i) provided his or her full name;
(ii) remained at the scene until emergency
| | medical assistance personnel arrived, if emergency medical assistance was summoned for the person who was sexually assaulted and he or she cooperated with emergency medical assistance personnel; and
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| (iii) cooperated with the agency or person to
| | whom the sexual assault was reported if he or she witnessed or reported the sexual assault of another person.
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| (j) A person who meets the criteria of paragraphs (1) and (2) of subsection (i) of this Section or a person who meets the criteria of paragraph (2) of subsection (i-5) of this Section shall be immune from criminal liability for an offense under subsection (d) or (e) of this Section.
(k) A person may not initiate an action against a law enforcement officer based on the officer's compliance or failure to comply with subsection (i) or (i-5) of this Section, except for willful or wanton misconduct.
(Source: P.A. 99-447, eff. 6-1-16; 99-795, eff. 8-12-16; 100-1087, eff. 1-1-19 .)
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235 ILCS 5/6-21
(235 ILCS 5/6-21) (from Ch. 43, par. 135)
Sec. 6-21. (a) Every person who is injured within this State, in
person or property, by any intoxicated person has a right of
action in his or her own name, severally or jointly, against any person,
licensed under the laws of this State or of any other state to sell
alcoholic liquor, who, by selling or giving alcoholic liquor,
within or without the territorial limits of this State, causes the
intoxication of such person.
Any person at least
21 years of age who pays for a hotel or motel room or facility knowing that
the room or facility is to be used by any person under 21 years of age for
the unlawful consumption of alcoholic liquors and such consumption causes
the intoxication of the person under 21 years of age, shall be liable to
any person who is injured in person or property by the intoxicated person
under 21 years of age.
Any person owning, renting, leasing or permitting the
occupation of any building or premises with knowledge that alcoholic
liquors are to be sold therein, or who having leased the same for other
purposes, shall knowingly permit therein the sale of any alcoholic liquors
that have caused the intoxication of any person, shall be liable, severally
or jointly, with the person selling
or giving the liquors. However, if such building or premises belong to a
minor or other person under guardianship the guardian of such person shall
be held liable instead of the ward. A married woman has the same right to
bring the action and to control it and the amount recovered as an unmarried
woman. All damages recovered by a minor under this Act shall be paid either
to the minor, or to his or her parent, guardian or next friend as the court
shall direct. The unlawful sale or gift of alcoholic liquor works a
forfeiture of all rights of the lessee or tenant under any lease or
contract of rent upon the premises where the unlawful sale or gift takes
place. All actions for damages under this Act may be by any appropriate
action in the circuit court. An action shall lie for injuries to either
means
of
support or loss of society, but not both, caused by an intoxicated person
or in
consequence of the
intoxication of any person resulting as hereinabove set out.
"Loss of society" means the mutual benefits that each family member receives
from the other's continued existence, including love, affection, care,
attention, companionship, comfort, guidance, and protection. "Family" includes
spouse, children, parents, brothers, and sisters.
The action, if
the person from whom support or society was furnished is living, shall be
brought by
any person injured in means of support or society in his or her name for
his or her
benefit and the benefit of all other persons
injured in means of support or society. However, any person claiming to be
injured in
means of support or society and not included in any action brought
hereunder may join by
motion made within the times herein provided for bringing such action or
the personal representative of the deceased person from whom such
support or society was furnished may so join. In every such action the jury
shall
determine the amount of damages to be recovered without regard to and
with no special instructions as to the dollar limits on recovery imposed
by this Section. The amount recovered in every such action is for the
exclusive benefit of the person injured in loss of support or society and
shall be
distributed to such persons in the proportions determined by the
verdict rendered or judgment entered in the action. If the right of action is
settled by agreement with the personal representative of a deceased
person from whom support or society was furnished, the court having
jurisdiction of
the estate of the deceased person shall distribute the amount of the
settlement to the person injured in loss of support or society in the
proportion,
as determined by the court, that the percentage of dependency of each
such person upon the deceased person bears to the sum of the percentages
of dependency of all such persons upon the deceased person. For all
causes of action involving persons injured, killed, or incurring property
damage before September 12, 1985, in no event
shall the judgment or recovery under this Act for injury to the person
or to the property of any person as hereinabove set out exceed $15,000, and
recovery under this Act for loss of means of support resulting from the
death or injury of any person, as hereinabove set out,
shall not exceed $20,000.
For all causes of action
involving persons injured, killed, or incurring property damage after
September 12, 1985 but before July 1, 1998, in
no event shall the
judgment or recovery for injury to the person or property of any person
exceed $30,000 for each person incurring damages, and recovery
under this
Act for loss of means of support resulting from the death or
injury of any
person shall not exceed $40,000.
For all causes of action
involving persons injured, killed, or incurring property damage on or after
July 1, 1998, in no event shall the
judgment or recovery for injury to the person or property of any person
exceed $45,000 for each person incurring damages, and recovery under this
Act for either loss of means of support or loss of society resulting from the
death or injury
of any
person shall not exceed $55,000.
Beginning in 1999, every January 20, these liability limits
shall automatically be increased or decreased, as applicable,
by a percentage equal to the percentage change in the consumer price index-u
during the preceding 12-month calendar year. "Consumer price index-u" means
the index published by the Bureau of Labor Statistics of the United States
Department of Labor that measures the average change in prices of goods and
services purchased by all urban consumers, United States city average, all
items, 1982-84 = 100. The new amount resulting from each annual adjustment
shall be determined by the Comptroller and made available via the Comptroller's official website by January 31 of every year and
to the chief judge of
each judicial circuit.
The liability limits at the time at which damages
subject to such limits are awarded by final judgment or settlement shall be
utilized by the courts.
Nothing in this Section bars
any person
from making separate claims which, in the aggregate, exceed any one limit
where such person incurs more than one type of compensable damage,
including personal injury, property damage, and loss to means of support or
society.
However, all persons claiming loss to means of support or society shall be
limited to
an aggregate recovery not to exceed the single limitation set forth herein
for the death or injury of each person from whom support or society is
claimed.
Nothing in this Act shall be construed to confer a cause of action for
injuries to the person or property of the intoxicated person himself, nor
shall anything in this Act be construed to confer a cause of action for
loss of means of support or society on the intoxicated person himself or on
any person
claiming to be supported by such intoxicated person or claiming the society
of such person.
In conformance with the rule of statutory construction enunciated in
the general Illinois saving provision in Section 4 of "An Act to revise
the law in relation to the construction of the statutes", approved March
5, 1874, as amended, no amendment of this Section purporting to abolish
or having the effect of abolishing a cause of action shall be applied to
invalidate a cause of action accruing before its effective date, irrespective
of whether the amendment was passed before or after the effective date of
this amendatory Act of 1986.
Each action hereunder shall be barred unless commenced within one year
next after the cause of action accrued.
However, a licensed distributor or brewer whose only connection with the
furnishing of alcoholic liquor which is alleged to have caused intoxication
was the furnishing or maintaining of any apparatus for the dispensing or
cooling of beer is not liable under this Section, and if such licensee is
named as a defendant, a proper motion to dismiss shall be granted.
(b) Any person licensed under any state or local law to
sell alcoholic liquor, whether
or not a citizen or resident of this State,
who in person or through an agent
causes the intoxication, by the sale or gift of
alcoholic liquor, of any person who, while
intoxicated, causes injury to
any person or property in the State of Illinois
thereby submits such licensed person, and, if an individual, his or her
personal representative, to the jurisdiction of the courts of this State
for a cause of action arising under subsection (a) above.
Service of process upon any person who is subject to the
jurisdiction of the courts of this State, as provided in this subsection,
may be made by personally serving the summons upon the defendant outside
this State, as provided in the Code of Civil Procedure, as now or hereafter
amended, with the same force and effect as
though summons had been personally served within this State.
Only causes of action arising under subsection (a) above may be
asserted against a defendant in an action in which jurisdiction over him
or her is based upon this subsection.
Nothing herein contained limits or affects the right to serve
any process in any other manner now or hereafter provided by law.
(Source: P.A. 94-982, eff. 6-30-06.)
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235 ILCS 5/6-22
(235 ILCS 5/6-22) (from Ch. 43, par. 137)
Sec. 6-22.
No person except a manufacturer or distributor, or importing
distributor, shall fill or refill, in whole or in part, any original
package of alcoholic liquor with the same or any other kind or quality of
alcoholic liquor, and it shall be unlawful for any person to have in his
possession for sale at retail any bottles, casks or other containers
containing alcoholic liquor, except in original packages.
(Source: P.A. 82-783.)
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235 ILCS 5/6-22.5 (235 ILCS 5/6-22.5) Sec. 6-22.5. Infusions. (a) For purposes of this Section, "infusion" means a spirit where ingredients, including, but not limited to, fruits, spices, or nuts, are added to naturally infuse flavor into the spirit. (b) A retail licensee that is preparing an infusion for consumption on the premises shall comply with the following requirements: (1) the infusion shall be mixed and stored on the | | premises of the licensee;
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| (2) the container that the infusion is stored in must
| | have a lid and be in sanitary condition;
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| (3) the infusion shall not be aged for more than 14
| | (4) the infusion must be used or destroyed within 21
| | days after the end of the aging process;
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| (5) cleaning records for the container that the
| | infusion is stored in must be available for inspection by agents of the State Commission; and
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| (6) the container that the infusion is stored in must
| | have a label affixed to the container that provides the production date of the infusion, the base spirit of the infusion, the date the infusion will finish the aging process, and the date by which the infusion must be destroyed.
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(Source: P.A. 99-46, eff. 7-15-15.)
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235 ILCS 5/6-23
(235 ILCS 5/6-23) (from Ch. 43, par. 138)
Sec. 6-23.
No manufacturer or distributor or importing distributor or foreign
importer shall enter into any contract with any person licensed to sell at
retail whereby such licensee agrees not to sell any alcoholic liquors
manufactured or distributed by any other manufacturer or distributor or
importing distributor or foreign importer, and any provision in any
contract violative of this Section shall render the whole of such contract
void and no action shall be brought thereon in any court.
However, nothing in this Section shall prohibit the Department of
Agriculture from entering into contracts for exclusive facilities upon the
State Fair Grounds on an equal basis.
(Source: P.A. 85-142.)
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235 ILCS 5/6-24
(235 ILCS 5/6-24) (from Ch. 43, par. 139)
Sec. 6-24.
Every licensee shall cause his license or licenses to be
framed and hung in plain view in a conspicuous place on the licensed
premises. An airplane license shall be maintained at the licensee's
business premises in Illinois.
(Source: P.A. 82-783.)
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235 ILCS 5/6-24a (235 ILCS 5/6-24a) (from Ch. 43, par. 139a)
(Text of Section before amendment by P.A. 103-619 )
Sec. 6-24a. Display of birth defects warning signs.
(a) The General
Assembly finds that there is a need for public information about the risk of
birth defects (specifically Fetal Alcohol Syndrome) when women consume
alcoholic liquor during pregnancy.
The United States Surgeon General has recommended abstinence from alcohol
during pregnancy. Since Fetal Alcohol Syndrome and fetal alcohol effects
are preventable, the General Assembly finds that it is in the public
interest to provide warning about the risk of alcohol-related birth defects
at places where alcoholic liquors are sold.
(b) Every holder of a retail license, whether the licensee sells or
offers
for sale alcoholic liquors for use or consumption on or off the retail
license premises, shall cause a sign with the message "GOVERNMENT WARNING:
ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC
BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS. IF YOU NEED ASSISTANCE FOR SUBSTANCE ABUSE, PLEASE CALL THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE (OASA) AT 1-800-843-6154." to be
framed and hung in plain view. These signs shall be no larger than 8 1/2
inches by 11 inches.
(c) In the event there is no warning sign posted on the
retailer's
premises, it shall be the responsibility of the Illinois Liquor Control
Commission to furnish the retailer with a warning sign. The retailer shall
have 30 days from receipt of the warning sign to post it on the licensed
premises. Thereafter, a retailer who violates this Section is subject to a
written warning for the first violation. For a second or subsequent
violation, the retailer shall pay a fine of at least $20 but not more than
$100 for each such violation. For the third and subsequent violations,
each day the activity continues shall be a separate violation.
(Source: P.A. 96-387, eff. 1-1-10.)
(Text of Section after amendment by P.A. 103-619 ) Sec. 6-24a. Display of birth defects warning signs. (a) The General Assembly finds that there is a need for public information about the risk of birth defects (specifically Fetal Alcohol Syndrome) when women consume alcoholic liquor during pregnancy. The United States Surgeon General has recommended abstinence from alcohol during pregnancy. Since Fetal Alcohol Syndrome and fetal alcohol effects are preventable, the General Assembly finds that it is in the public interest to provide warning about the risk of alcohol-related birth defects at places where alcoholic liquors are sold. (b) Every holder of a retail license, whether the licensee sells or offers for sale alcoholic liquors for use or consumption on or off the retail license premises, shall cause a sign with the message "GOVERNMENT WARNING: ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS." to be framed and hung in plain view. These signs shall be no less than 8 1/2 inches by 11 inches and shall provide the name and phone number of an authorized State alcoholism and substance abuse helpline. (c) In the event there is no warning sign posted on the retailer's premises, it shall be the responsibility of the Illinois Liquor Control Commission to furnish the retailer with a warning sign. The retailer shall have 30 days from receipt of the warning sign to post it on the licensed premises. Thereafter, a retailer who violates this Section is subject to a written warning for the first violation. For a second or subsequent violation, the retailer shall pay a fine of at least $20 but not more than $100 for each such violation. For the third and subsequent violations, each day the activity continues shall be a separate violation. (Source: P.A. 103-619, eff. 1-1-25.) |
235 ILCS 5/6-25
(235 ILCS 5/6-25) (from Ch. 43, par. 142)
Sec. 6-25.
No person shall receive a local license to sell alcoholic liquor
upon any premises as a restaurant nor as a club unless it has the
qualifications respectively described in Sections 1-3.23 and 1-3.24.
No restaurant, licensed as such, shall sell alcoholic liquor except with meals.
(Source: P.A. 82-783.)
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235 ILCS 5/6-26
(235 ILCS 5/6-26) (from Ch. 43, par. 144a)
Sec. 6-26.
Minimum size of container for spirits.
No unmixed
spirits shall be sold or
offered for sale at retail for consumption on the premises, except in a
container having a minimum capacity of at least one fluid ounce and which
contains at the time of sale at least one fluid ounce of the beverage being
sold. The provisions of this Section shall not prohibit the sale of unmixed
spirits on boats or railroad cars
licensed to
sell liquor for consumption on the premises in containers regularly used
and having a smaller fluid capacity.
(Source: P.A. 89-250, eff. 1-1-96.)
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235 ILCS 5/6-27
(235 ILCS 5/6-27) (from Ch. 43, par. 144c)
Sec. 6-27.
Licensing of seller and server education programs.
(a) Any
program designed to educate or train employees who sell
or serve alcoholic beverages at retail to identify and address persons
displaying problems with alcohol misuse or abuse shall be licensed by the
State Commission.
(b) A seller and server education program license in effect on the
effective
date of
this amendatory Act of the 91st General Assembly shall remain in effect until
June 30, 2000.
(Source: P.A. 91-922, eff. 7-7-00.)
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235 ILCS 5/6-27.1 (235 ILCS 5/6-27.1) Sec. 6-27.1. Responsible alcohol service server training. (a) Unless issued a valid server training certificate between July 1, 2012 and July 1, 2015 by a certified Beverage Alcohol Sellers and Servers Education and Training (BASSET) trainer, all alcohol servers in Cook County are required to obtain and complete training in basic responsible alcohol service as outlined in 77 Ill. Adm. Code 3500, as those provisions exist on July 1, 2015 (the effective date of Public Act 98-939), by July 1, 2015 or within 120 days after the alcohol server begins his or her employment, whichever is later. All alcohol servers in a county, other than Cook County, with a population of 200,000 inhabitants or more are required to obtain and complete training in basic responsible alcohol service as outlined in 77 Ill. Adm. Code 3500, as those provisions exist on July 1, 2015 (the effective date of Public Act 98-939), by July 1, 2016 or within 120 days after the alcohol server begins his or her employment, whichever is later. All alcohol servers in a county with a population of more than 30,000 inhabitants and less than 200,000 inhabitants are required to obtain and complete training in basic responsible alcohol service as outlined in 77 Ill. Adm. Code 3500, as those provisions exist on July 1, 2015 (the effective date of Public Act 98-939), by July 1, 2017 or within 120 days after the alcohol server begins his or her employment, whichever is later. All alcohol servers in counties with a population of 30,000 inhabitants or less are required to obtain and complete training in basic responsible alcohol service as outlined in 77 Ill. Adm. Code 3500, as those provisions exist on July 1, 2015 (the effective date of Public Act 98-939), by July 1, 2018 or within 120 days after the alcohol server begins his or her employment, whichever is later. There is no limit to the amount of times a server may take the training. A certificate of training belongs to the server, and a server may transfer a certificate of training to a different employer, but shall not transfer a certificate of training to another server. Proof that an alcohol server has been trained must be available upon reasonable request by State law enforcement officials. For the purpose of this Section, "alcohol servers" means persons who sell or serve open containers of alcoholic beverages at retail, anyone who delivers mixed drinks under Section 6-28.8, and anyone whose job description entails the checking of identification for the purchase of open containers of alcoholic beverages at retail or for entry into the licensed premises. The definition does not include (i) a distributor or importing distributor conducting product sampling as authorized in Section 6-31 of this Act or a registered tasting representative, as provided in 11 Ill. Adm. Code 100.40, conducting a tasting, as defined in 11 Ill. Adm. Code 100.10; (ii) a volunteer serving alcoholic beverages at a charitable function; or (iii) an instructor engaged in training or educating on the proper technique for using a system that dispenses alcoholic beverages. (b) Responsible alcohol service training must cover and assess knowledge of the topics noted in 77 Ill. Adm. Code 3500.155. (c) Beginning on the effective date of this amendatory Act of the 98th General Assembly, but no later than October 1, 2015, all existing BASSET trainers who are already BASSET certified as of the effective date of this amendatory Act of the 98th General Assembly shall be recertified by the State Commission and be required to comply with the conditions for server training set forth in this amendatory Act of the 98th General Assembly. (d) Training modules and certificate program plans must be approved by the State Commission. All documents, materials, or information related to responsible alcohol service training program approval that are submitted to the State Commission are confidential and shall not be open to public inspection or dissemination and are exempt from disclosure. The State Commission shall only approve programs that meet the following criteria: (1) the training course covers the content specified | | in 77 Ill. Adm. Code 3500.155;
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| (2) if the training course is classroom-based, the
| | classroom training is at least 4 hours, is available in English and Spanish, and includes a test;
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| (3) if the training course is online or
| | computer-based, the course is designed in a way that ensures that no content can be skipped, is interactive, has audio for content for servers that have a disability, and includes a test;
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| (4) training and testing is based on a job task
| | analysis that clearly identifies and focuses on the knowledge, skills, and abilities needed to responsibly serve alcoholic beverages and is developed using best practices in instructional design and exam development to ensure that the program is fair and legally defensible;
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| (5) training and testing is conducted by any means
| | available, including, but not limited to, online, computer, classroom, or live trainers; and
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| (6) the program must provide access on a
| | 24-hour-per-day, 7-days-per-week basis for certificate verification for State Commission, State law enforcement officials, and employers to be able to verify certificate authenticity.
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| (e) Nothing in subsection (d) of this Section shall be construed to require a program to use a test administrator or proctor.
(f) A certificate issued from a BASSET-licensed training program shall be accepted as meeting the training requirements for all server license and permit laws and ordinances in the State.
(g) A responsible alcohol service training certificate from a BASSET-licensed program shall be valid for 3 years.
(h) The provisions of this Section shall apply beginning July 1, 2015. From July 1, 2015 through December 31, 2015, enforcement of the provisions of this Section shall be limited to education and notification of the requirements to encourage compliance.
(i) The provisions of this Section do not apply to a special event retailer.
(Source: P.A. 101-631, eff. 6-2-20.)
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235 ILCS 5/6-27.5 (235 ILCS 5/6-27.5) Sec. 6-27.5. Mandatory schedule of prices. All retail licensees shall maintain a schedule of the prices charged for all drinks of alcoholic liquor to be served and consumed on the licensed premises or in any room or part thereof. Whenever a hotel or multi-use establishment which holds a valid retailer's license operates on its premises more than one establishment at which drinks of alcoholic liquor are sold at retail, the hotel or multi-use establishment shall maintain at each such establishment a separate schedule of the prices charged for such drinks at that establishment.
(Source: P.A. 99-46, eff. 7-15-15.) |
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