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90_HB0679ham002
LRB9002504LDcwam02
1 AMENDMENT TO HOUSE BILL 679
2 AMENDMENT NO. . Amend House Bill 679, AS AMENDED,
3 with reference to page and line numbers of House Amendment
4 No. 1, on page 1, line 5, by replacing "and 6-20," with
5 "6-20, and 6-28,"; and
6 on page 1, line 10, by replacing "and 6-20" with "6-20, and
7 6-28"; and
8 on page 1, line 19, by replacing "5,000" with "50,000"; and
9 on page 3, by replacing lines 5 through 8 with the following:
10 "and a fine of up to $50."; and
11 on page 7, by replacing lines 28 through 31 with the
12 following:
13 "and a fine of up to $50."; and
14 on page 19, line 25, by replacing "5,000" with "50,000"; and
15 on page 23, by replacing lines 11 through 13 with the
16 following:
17 "are not limited to: alcohol lists and menus that may include
18 names, slogans, markings, or logos that relate to the
19 retailer; for example, neons;, illuminated signs;, clocks;,
20 table lamps;, mirrors;, tap handles;, window trim, and spirits or wine"; and
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1 on page 23, line 34, by deleting "alcoholic lists and menus";
2 and
3 on page 26, line 28, after "Act" by inserting the following:
4 ", unless the person under 21 years of age was acting under
5 the authority of a law enforcement agency, the Illinois
6 Liquor Control Commission, or a local liquor control
7 commissioner pursuant to a plan or action to investigate,
8 patrol, or conduct any similar enforcement action."; and
9 on page 31 by replacing lines 9 through 18 with the
10 following:
11 "(235 ILCS 5/6-28) (from Ch. 43, par. 144d)
12 Sec. 6-28. Happy hours prohibited. (a) All retail
13 licensees shall maintain a schedule of the prices charged for
14 all drinks of alcoholic liquor to be served and consumed on
15 the licensed premises or in any room or part thereof.
16 Whenever a hotel or multi-use establishment which holds a
17 valid retailer's license operates on its premises more than
18 one establishment at which drinks of alcoholic liquor are
19 sold at retail, the hotel or multi-use establishment shall
20 maintain at each such establishment a separate schedule of
21 the prices charged for such drinks at that establishment.
22 (b) No retail licensee or employee or agent of such
23 licensee shall:
24 (1) serve 2 or more drinks of alcoholic liquor at one
25 time to one person for consumption by that one person, except
26 conducting product sampling pursuant to Section 6-31 or
27 selling or delivering wine by the bottle or carafe;
28 (2) sell, offer to sell or serve to any person an
29 unlimited number of drinks of alcoholic liquor during any set
30 period of time for a fixed price, except at private functions
31 not open to the general public;
32 (3) sell, offer to sell or serve any drink of alcoholic
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1 liquor to any person on any one date at a reduced price other
2 than that charged other purchasers of drinks on that day
3 where such reduced price is a promotion to encourage
4 consumption of alcoholic liquor, except as authorized in
5 paragraph (7) of subsection (c);
6 (4) increase the volume of alcoholic liquor contained in
7 a drink, or the size of a drink of alcoholic liquor, without
8 increasing proportionately the price regularly charged for
9 the drink on that day;
10 (5) encourage or permit, on the licensed premises, any
11 game or contest which involves drinking alcoholic liquor or
12 the awarding of drinks of alcoholic liquor as prizes for such
13 game or contest on the licensed premises; or
14 (6) advertise or promote in any way, whether on or off
15 the licensed premises, any of the practices prohibited under
16 paragraphs (1) through (5).
17 (c) Nothing in subsection (b) shall be construed to
18 prohibit a licensee from:
19 (1) offering free food or entertainment at any time;
20 (2) including drinks of alcoholic liquor as part of a
21 meal package;
22 (3) including drinks of alcoholic liquor as part of a
23 hotel package;
24 (4) negotiating drinks of alcoholic liquor as part of a
25 contract between a hotel or multi-use establishment and
26 another group for the holding of any function, meeting,
27 convention or trade show;
28 (5) providing room service to persons renting rooms at a
29 hotel;
30 (6) selling pitchers (or the equivalent, including but
31 not limited to buckets), carafes, or bottles of alcoholic
32 liquor which are customarily sold in such manner and
33 delivered to 2 or more persons at one time; or
34 (7) increasing prices of drinks of alcoholic liquor in
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1 lieu of, in whole or in part, a cover charge to offset the
2 cost of special entertainment not regularly scheduled.
3 (d) A violation of this Act shall be grounds for
4 suspension or revocation of the retailer's license as
5 provided by this Act.
6 (Source: P.A. 86-462; 86-1028.)
7 (235 ILCS 5/6-31 new)
8 Sec. 6-31. Product sampling.
9 (a) Retailer, distributor, importing distributor,
10 manufacturer and nonresident dealer licensees may conduct
11 product sampling for consumption at a licensed retail
12 location. Up to 3 samples, consisting of no more than (i)
13 1/4 ounce of distilled spirits, (ii) one ounce of wine, or
14 (iii) 2 ounces of beer may be served to a consumer in one
15 day.
16 (b) Notwithstanding the provisions of subsection (a), an
17 on-premises retail licensee may offer for sale and serve more
18 than one drink per person for sampling purposes without
19 violating paragraph (1) of subsection (b) of Section 6-28 of
20 this Act, provided the total quantity of the sampling
21 package, regardless of the number of containers in which the
22 alcoholic liquor is being served, does not exceed 1 ounce of
23 distilled spirits, 4 ounces of wine, or 12 ounces of beer.
24 In any event, all provisions of Section 6-28 shall apply to
25 an on-premises retail licensee that conducts product
26 sampling.".
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