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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Liquor Control Act of 1934 is amended by | ||||||
5 | changing Sections 5-5, 6-1, 6-5, and 6-27.1 and by adding | ||||||
6 | Sections 5-7 and 6-28.8 as follows:
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7 | (235 ILCS 5/5-5)
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8 | Sec. 5-5. Late filing fees. In the event that a liquor | ||||||
9 | license holder
fails to submit a license renewal application to | ||||||
10 | the Commission before or on
the expiration date of the current | ||||||
11 | license, the licensee will be assessed a
late filing fee of | ||||||
12 | $25. Late applications and instruments of payment will be
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13 | returned to the licensee. Late filing fees will be in addition | ||||||
14 | to any fines or
penalties ordered for operating without a valid | ||||||
15 | license.
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16 | Late filing fees shall not apply to a liquor license holder | ||||||
17 | whose business or business operations have been suspended in | ||||||
18 | any capacity due to any executive order issued on or after | ||||||
19 | March 16, 2020 or any subsequent rule established by the | ||||||
20 | Department of Public Health or any other agency of the State as | ||||||
21 | a result of COVID-19. The late filing fee waiver shall remain | ||||||
22 | in effect for 6 months after whichever of the following dates | ||||||
23 | occurs the latest: |
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1 | (1) the day on which the region in which the liquor | ||||||
2 | licensee is located enters Phase 4 of the Governor's | ||||||
3 | Restore Illinois Plan as issued on May 5, 2020; | ||||||
4 | (2) the day after the expiration of the latest | ||||||
5 | executive order that limits or interrupts the business or | ||||||
6 | business operations as a result of the COVID-19 pandemic; | ||||||
7 | or | ||||||
8 | (3) the day after the expiration of any rules | ||||||
9 | established by the Department of Public Health or any other | ||||||
10 | agency of the State that limit or interrupt the business or | ||||||
11 | business operations as a result of the COVID-19 pandemic. | ||||||
12 | (Source: P.A. 88-91.)
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13 | (235 ILCS 5/5-7 new) | ||||||
14 | Sec. 5-7. Temporary liquor license fee deferral. A liquor | ||||||
15 | license holder whose business or business operations have been | ||||||
16 | suspended in any capacity due to any executive order issued on | ||||||
17 | or after March 16, 2020 or any subsequent rule established by | ||||||
18 | the Department of Public Health or any other agency of the | ||||||
19 | State as a result of COVID-19 shall be allowed to defer liquor | ||||||
20 | license fees under this Section. The liquor license holder | ||||||
21 | shall be allowed to defer the payment of liquor license fees | ||||||
22 | for 6 months after whichever of the following dates occurs the | ||||||
23 | latest: | ||||||
24 | (1) the day on which the region in which the liquor | ||||||
25 | licensee is located enters Phase 4 of the Governor's |
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1 | Restore Illinois Plan as issued on May 5, 2020; | ||||||
2 | (2) the day after the expiration of the latest | ||||||
3 | executive order that limits or interrupts the business or | ||||||
4 | business operations as a result of the COVID-19 pandemic; | ||||||
5 | or | ||||||
6 | (3) the day after the expiration of any rules | ||||||
7 | established by the Department of Public Health or any other | ||||||
8 | agency of the State that limit or interrupt the business or | ||||||
9 | business operations as a result of the COVID-19 pandemic.
| ||||||
10 | (235 ILCS 5/6-1) (from Ch. 43, par. 119)
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11 | Sec. 6-1.
Privilege granted by license; nature as to | ||||||
12 | property;
transferability; tax
delinquencies. A license shall | ||||||
13 | be purely a personal privilege, good for not
to exceed one year | ||||||
14 | after issuance, except a non-beverage user's license,
unless | ||||||
15 | sooner revoked as in this Act provided, and shall not | ||||||
16 | constitute
property, nor shall it be subject to attachment, | ||||||
17 | garnishment or
execution, nor shall it be alienable or | ||||||
18 | transferable, voluntarily or
involuntarily, or subject to | ||||||
19 | being encumbered or hypothecated. Such
license shall not | ||||||
20 | descend by the laws of testate or intestate
devolution, but it | ||||||
21 | shall cease upon the death of the licensee, provided
that | ||||||
22 | executors or administrators of the estate of any deceased | ||||||
23 | licensee,
and the trustee of any insolvent or bankrupt | ||||||
24 | licensee, when such estate
consists in part of alcoholic | ||||||
25 | liquor, may continue the business of the
sale or manufacture of |
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1 | alcoholic liquor under order of the appropriate
court, and may | ||||||
2 | exercise the privileges of the deceased or insolvent or
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3 | bankrupt licensee after the death of such decedent, or such | ||||||
4 | insolvency
or bankruptcy until the expiration of such license | ||||||
5 | but not longer than
six months after the death, bankruptcy or | ||||||
6 | insolvency of such licensee.
Except in the case of a | ||||||
7 | non-beverage user's license, a refund shall be
made of that | ||||||
8 | portion of the license fees paid for any period in which
the | ||||||
9 | licensee shall be prevented from operating under such license | ||||||
10 | in
accordance with the provisions of this paragraph.
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11 | Any licensee may renew his license at the expiration | ||||||
12 | thereof,
provided he is then qualified to receive a license and | ||||||
13 | the premises for
which such renewal license is sought are | ||||||
14 | suitable for such purpose; and
provided further that the | ||||||
15 | renewal privilege herein provided for shall
not be construed as | ||||||
16 | a vested right which shall in any case prevent the
city council | ||||||
17 | or village president and board of trustees or county board,
as | ||||||
18 | the case may be, from decreasing the number of licenses to be | ||||||
19 | issued
within its jurisdiction. No retailer's license shall be | ||||||
20 | renewed if the
Department of Revenue has reported to the | ||||||
21 | Illinois Liquor Control
Commission that such retailer is | ||||||
22 | delinquent in filing any required tax
returns or paying any | ||||||
23 | amounts owed to the State of Illinois until the
applicant is | ||||||
24 | issued a certificate by the Department of Revenue stating that
| ||||||
25 | all delinquent returns or amounts owed have been paid by | ||||||
26 | guaranteed
remittance or the payment agreement to pay all |
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1 | amounts owed has been
accepted by the Department. No retailer's | ||||||
2 | license issued by a local liquor
control commissioner shall be | ||||||
3 | renewed unless the applicant provides
documentation that any | ||||||
4 | tax owed to (i) the municipality in which the
applicant is | ||||||
5 | located (in the case of a license issued by the mayor or
| ||||||
6 | president of the board of trustees of a city, village or | ||||||
7 | incorporated town
acting as local liquor control commissioner) | ||||||
8 | or (ii) the county in which
the applicant is located (in the | ||||||
9 | case of a license issued by the president
or chairman of a | ||||||
10 | county board acting as local liquor control commissioner)
by | ||||||
11 | the applicant has been satisfied by payment in the form of a | ||||||
12 | cashier's
check, certified check, money order, or cash.
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13 | For a liquor license holder whose business or business | ||||||
14 | operations have been suspended in any capacity due to any | ||||||
15 | executive order issued on or after March 16, 2020 or any | ||||||
16 | subsequent rule established by the Department of Public Health | ||||||
17 | or any other agency of the State as a result of COVID-19, | ||||||
18 | renewal of the license shall be automatically approved and the | ||||||
19 | license shall be extended without limitation for 120 days after | ||||||
20 | whichever of the following dates occurs the latest: | ||||||
21 | (1) the day on which the region in which the liquor | ||||||
22 | licensee is located enters Phase 4 of the Governor's | ||||||
23 | Restore Illinois Plan as issued on May 5, 2020; | ||||||
24 | (2) the day after the expiration of the latest | ||||||
25 | executive order that limits or interrupts the business or | ||||||
26 | business operations as a result of the COVID-19 pandemic; |
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1 | or | ||||||
2 | (3) the day after the expiration of any rules | ||||||
3 | established by the Department of Public Health or any other | ||||||
4 | agency of the State that limit or interrupt the business or | ||||||
5 | business operations as a result of the COVID-19 pandemic. | ||||||
6 | The renewal shall be based upon the most recent liquor license | ||||||
7 | application or application for renewal that was approved and | ||||||
8 | received by the State Commission prior to the limitations or | ||||||
9 | interruptions implemented by the Executive Order on March 16, | ||||||
10 | 2020. | ||||||
11 | A negotiable instrument received as payment for a license | ||||||
12 | fee, transfer
fee, late fee, offer in compromise, | ||||||
13 | pre-disciplinary conference settlement, or
fine imposed by | ||||||
14 | order that is dishonored on presentation shall not be
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15 | considered
payment and shall be cause for disciplinary action.
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16 | (Source: P.A. 91-357, eff. 7-29-99.)
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17 | (235 ILCS 5/6-5) (from Ch. 43, par. 122)
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18 | Sec. 6-5.
Except as otherwise provided in this Section, it | ||||||
19 | is unlawful
for any person having a retailer's license or
any | ||||||
20 | officer, associate, member, representative or agent of such | ||||||
21 | licensee
to accept, receive or borrow money, or anything else | ||||||
22 | of value, or accept
or receive credit (other than merchandising | ||||||
23 | credit in the ordinary
course of business for a period not to | ||||||
24 | exceed 30 days) directly or
indirectly from any manufacturer, | ||||||
25 | importing distributor or distributor
of alcoholic liquor, or |
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1 | from any person connected with or in any way
representing, or | ||||||
2 | from any member of the family of, such manufacturer,
importing | ||||||
3 | distributor, distributor or wholesaler, or from any
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4 | stockholders in any corporation engaged in manufacturing, | ||||||
5 | distributing
or wholesaling of such liquor, or from any | ||||||
6 | officer, manager, agent or
representative of said | ||||||
7 | manufacturer. Except as provided below, it is
unlawful for any | ||||||
8 | manufacturer
or distributor or importing distributor to give or | ||||||
9 | lend money or
anything of value, or otherwise loan or extend | ||||||
10 | credit (except such
merchandising credit) directly or | ||||||
11 | indirectly to any retail licensee or
to the manager, | ||||||
12 | representative, agent, officer or director of such
licensee. A | ||||||
13 | manufacturer, distributor or importing distributor may furnish
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14 | free advertising, posters,
signs, brochures, hand-outs, or | ||||||
15 | other promotional devices or materials to
any unit of | ||||||
16 | government owning or operating any auditorium, exhibition | ||||||
17 | hall,
recreation facility or other similar facility holding a | ||||||
18 | retailer's license,
provided that the primary purpose of such | ||||||
19 | promotional devices or materials
is to promote public events | ||||||
20 | being held at such facility. A unit of government
owning or | ||||||
21 | operating such a facility holding a retailer's license may | ||||||
22 | accept
such promotional devices or materials designed | ||||||
23 | primarily to promote public
events held at the facility. No | ||||||
24 | retail licensee delinquent beyond the
30 day period specified | ||||||
25 | in this Section shall
solicit, accept or receive credit, | ||||||
26 | purchase or acquire alcoholic
liquors, directly or indirectly |
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1 | from any other licensee, and no
manufacturer, distributor or | ||||||
2 | importing distributor shall knowingly grant
or extend credit, | ||||||
3 | sell, furnish or supply alcoholic liquors to any such
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4 | delinquent retail licensee; provided that the purchase price of | ||||||
5 | all beer
sold to a retail licensee shall be paid by the retail | ||||||
6 | licensee in cash
on or before delivery of the beer, and unless | ||||||
7 | the purchase price payable
by a retail licensee for beer sold | ||||||
8 | to him in returnable bottles shall
expressly include a charge | ||||||
9 | for the bottles and cases, the retail
licensee shall, on or | ||||||
10 | before delivery of such beer, pay the seller in
cash a deposit | ||||||
11 | in an amount not less than the deposit required to be
paid by | ||||||
12 | the distributor to the brewer; but where the brewer sells | ||||||
13 | direct
to the retailer, the deposit shall be an amount no less | ||||||
14 | than that
required by the brewer from his own distributors; and | ||||||
15 | provided further,
that in no instance shall this deposit be | ||||||
16 | less than 50 cents for each
case of beer in pint or smaller | ||||||
17 | bottles and 60 cents for each case of
beer in quart or | ||||||
18 | half-gallon bottles; and provided further, that the
purchase | ||||||
19 | price of all beer sold to an importing distributor or
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20 | distributor shall be paid by such importing distributor or | ||||||
21 | distributor
in cash on or before the 15th day (Sundays and | ||||||
22 | holidays excepted) after
delivery of such beer to such | ||||||
23 | purchaser; and unless the purchase price
payable by such | ||||||
24 | importing distributor or distributor for beer sold in
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25 | returnable bottles and cases shall expressly include a charge | ||||||
26 | for the
bottles and cases, such importing distributor or |
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1 | distributor shall, on
or before the 15th day (Sundays and | ||||||
2 | holidays excepted) after delivery of
such beer to such | ||||||
3 | purchaser, pay the seller in cash a required amount as
a | ||||||
4 | deposit to assure the return of such bottles and cases. Nothing | ||||||
5 | herein
contained shall prohibit any licensee from crediting or | ||||||
6 | refunding to a
purchaser the actual amount of money paid for | ||||||
7 | bottles, cases, kegs or
barrels returned by the purchaser to | ||||||
8 | the seller or paid by the purchaser
as a deposit on bottles, | ||||||
9 | cases, kegs or barrels, when such containers or
packages are | ||||||
10 | returned to the seller. Nothing herein contained shall
prohibit | ||||||
11 | any manufacturer, importing distributor or distributor from
| ||||||
12 | extending usual and customary credit for alcoholic liquor sold | ||||||
13 | to
customers or purchasers who live in or maintain places of | ||||||
14 | business
outside of this State when such alcoholic liquor is | ||||||
15 | actually transported
and delivered to such points outside of | ||||||
16 | this State.
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17 | A manufacturer, distributor, or importing distributor may | ||||||
18 | furnish free social media advertising to a retail licensee if | ||||||
19 | the social media advertisement does not contain the retail | ||||||
20 | price of any alcoholic liquor and the social media | ||||||
21 | advertisement complies with any applicable rules or | ||||||
22 | regulations issued by the Alcohol and Tobacco Tax and Trade | ||||||
23 | Bureau of the United States Department of the Treasury. A | ||||||
24 | manufacturer, distributor, or importing distributor may list | ||||||
25 | the names of one or more unaffiliated retailers in the | ||||||
26 | advertisement of alcoholic liquor through social media. |
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1 | Nothing in this Section shall prohibit a retailer from | ||||||
2 | communicating with a manufacturer, distributor, or importing | ||||||
3 | distributor on social media or sharing media on the social | ||||||
4 | media of a manufacturer, distributor, or importing | ||||||
5 | distributor. A retailer may request free social media | ||||||
6 | advertising from a manufacturer, distributor, or importing | ||||||
7 | distributor. Nothing in this Section shall prohibit a | ||||||
8 | manufacturer, distributor, or importing distributor from | ||||||
9 | sharing, reposting, or otherwise forwarding a social media post | ||||||
10 | by a retail licensee, so long as the sharing, reposting, or | ||||||
11 | forwarding of the social media post does not contain the retail | ||||||
12 | price of any alcoholic liquor. No manufacturer, distributor, or | ||||||
13 | importing distributor shall pay or reimburse a retailer, | ||||||
14 | directly or indirectly, for any social media advertising | ||||||
15 | services, except as specifically permitted in this Act. No | ||||||
16 | retailer shall accept any payment or reimbursement, directly or | ||||||
17 | indirectly, for any social media advertising services offered | ||||||
18 | by a manufacturer, distributor, or importing distributor, | ||||||
19 | except as specifically permitted in this Act. For the purposes | ||||||
20 | of this Section, "social media" means a service, platform, or | ||||||
21 | site where users communicate with one another and share media, | ||||||
22 | such as pictures, videos, music, and blogs, with other users | ||||||
23 | free of charge. | ||||||
24 | No right of action shall exist for the collection of any | ||||||
25 | claim based
upon credit extended to a distributor, importing | ||||||
26 | distributor or retail
licensee contrary to the provisions of |
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1 | this Section.
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2 | Every manufacturer, importing distributor and distributor | ||||||
3 | shall
submit or cause to be submitted, to the State Commission, | ||||||
4 | in triplicate,
not later than Thursday of each calendar week, a | ||||||
5 | verified written list
of the names and respective addresses of | ||||||
6 | each retail licensee purchasing
spirits or wine from such | ||||||
7 | manufacturer, importing distributor or
distributor who, on the | ||||||
8 | first business day of that calendar week, was
delinquent beyond | ||||||
9 | the above mentioned permissible merchandising credit
period of | ||||||
10 | 30 days; or, if such is the fact, a verified written statement
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11 | that no retail licensee purchasing spirits or wine was then | ||||||
12 | delinquent
beyond such permissible merchandising credit period | ||||||
13 | of 30 days.
| ||||||
14 | Every manufacturer, importing distributor and distributor | ||||||
15 | shall
submit or cause to be submitted, to the State Commission, | ||||||
16 | in triplicate,
a verified written list of the names and | ||||||
17 | respective addresses of each
previously reported delinquent | ||||||
18 | retail licensee who has cured such
delinquency by payment, | ||||||
19 | which list shall be submitted not later than the
close of the | ||||||
20 | second full business day following the day such delinquency
was | ||||||
21 | so cured.
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22 | Such written verified reports required to be submitted by | ||||||
23 | this
Section shall be posted by the State Commission in each of | ||||||
24 | its offices
in places available for public inspection not later | ||||||
25 | than the day
following receipt thereof by the Commission. The | ||||||
26 | reports so posted shall
constitute notice to every |
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1 | manufacturer, importing distributor and
distributor of the | ||||||
2 | information contained therein. Actual notice to
manufacturers, | ||||||
3 | importing distributors and distributors of the
information | ||||||
4 | contained in any such posted reports, however received,
shall | ||||||
5 | also constitute notice of such information.
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6 | The 30 day merchandising credit period allowed by this | ||||||
7 | Section shall
commence with the day immediately following the | ||||||
8 | date of invoice and
shall include all successive days including | ||||||
9 | Sundays and holidays to and
including the 30th successive day.
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10 | In addition to other methods allowed by law, payment by | ||||||
11 | check during
the period for which merchandising credit may be | ||||||
12 | extended under the
provisions of this Section shall be | ||||||
13 | considered payment. All checks
received in payment for | ||||||
14 | alcoholic liquor shall be promptly deposited for
collection. A | ||||||
15 | post dated check or a check dishonored on presentation for
| ||||||
16 | payment shall not be deemed payment.
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17 | A retail licensee shall not be deemed to be delinquent in | ||||||
18 | payment for
any alleged sale to him of alcoholic liquor when | ||||||
19 | there exists a bona fide
dispute between such retailer and a | ||||||
20 | manufacturer, importing distributor
or distributor with | ||||||
21 | respect to the amount of indebtedness existing
because of such | ||||||
22 | alleged sale. A retail licensee shall not be deemed to be | ||||||
23 | delinquent under this provision and 11 Ill. Adm. Code 100.90 | ||||||
24 | until 30 days after the date on which the region in which the | ||||||
25 | retail licensee is located enters Phase 4 of the Governor's | ||||||
26 | Restore Illinois Plan as issued on May 5, 2020. |
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1 | A delinquent retail licensee who engages in the retail | ||||||
2 | liquor
business at 2 or more locations shall be deemed to be | ||||||
3 | delinquent with
respect to each such location.
| ||||||
4 | The license of any person who violates any provision of | ||||||
5 | this Section
shall be subject to suspension or revocation in | ||||||
6 | the manner provided by
this Act.
| ||||||
7 | If any part or provision of this Article or the application | ||||||
8 | thereof
to any person or circumstances shall be adjudged | ||||||
9 | invalid by a court of
competent jurisdiction, such judgment | ||||||
10 | shall be confined by its operation
to the controversy in which | ||||||
11 | it was mentioned and shall not affect or
invalidate the | ||||||
12 | remainder of this Article or the application thereof to
any | ||||||
13 | other person or circumstance and to this and the provisions of | ||||||
14 | this
Article are declared severable.
| ||||||
15 | (Source: P.A. 99-448, eff. 8-24-15.)
| ||||||
16 | (235 ILCS 5/6-27.1) | ||||||
17 | Sec. 6-27.1. Responsible alcohol service server training. | ||||||
18 | (a) Unless issued a valid server training certificate | ||||||
19 | between July 1, 2012 and July 1, 2015 by a certified Beverage | ||||||
20 | Alcohol Sellers and Servers Education and Training (BASSET) | ||||||
21 | trainer, all alcohol servers in Cook County are required to | ||||||
22 | obtain and complete training in basic responsible alcohol | ||||||
23 | service as outlined in 77 Ill. Adm. Code 3500, as those | ||||||
24 | provisions exist on July 1, 2015 (the effective date of Public | ||||||
25 | Act 98-939), by July 1, 2015 or within 120 days after the |
| |||||||
| |||||||
1 | alcohol server begins his or her employment, whichever is | ||||||
2 | later. All alcohol servers in a county, other than Cook County, | ||||||
3 | with a population of 200,000 inhabitants or more are required | ||||||
4 | to obtain and complete training in basic responsible alcohol | ||||||
5 | service as outlined in 77 Ill. Adm. Code 3500, as those | ||||||
6 | provisions exist on July 1, 2015 (the effective date of Public | ||||||
7 | Act 98-939), by July 1, 2016 or within 120 days after the | ||||||
8 | alcohol server begins his or her employment, whichever is | ||||||
9 | later. All alcohol servers in a county with a population of | ||||||
10 | more than 30,000 inhabitants and less than 200,000 inhabitants | ||||||
11 | are required to obtain and complete training in basic | ||||||
12 | responsible alcohol service as outlined in 77 Ill. Adm. Code | ||||||
13 | 3500, as those provisions exist on July 1, 2015 (the effective | ||||||
14 | date of Public Act 98-939), by July 1, 2017 or within 120 days | ||||||
15 | after the alcohol server begins his or her employment, | ||||||
16 | whichever is later. All alcohol servers in counties with a | ||||||
17 | population of 30,000 inhabitants or less are required to obtain | ||||||
18 | and complete training in basic responsible alcohol service as | ||||||
19 | outlined in 77 Ill. Adm. Code 3500, as those provisions exist | ||||||
20 | on July 1, 2015 (the effective date of Public Act 98-939), by | ||||||
21 | July 1, 2018 or within 120 days after the alcohol server begins | ||||||
22 | his or her employment, whichever is later. | ||||||
23 | There is no limit to the amount of times a server may take | ||||||
24 | the training. A certificate of training belongs to the server, | ||||||
25 | and a server may transfer a certificate of training to a | ||||||
26 | different employer, but shall not transfer a certificate of |
| |||||||
| |||||||
1 | training to another server. Proof that an alcohol server has | ||||||
2 | been trained must be available upon reasonable request by State | ||||||
3 | law enforcement officials. For the purpose of this Section, | ||||||
4 | "alcohol servers" means persons who sell or serve open | ||||||
5 | containers of alcoholic beverages at retail , anyone who | ||||||
6 | delivers mixed drinks under Section 6-28.8, and anyone whose | ||||||
7 | job description entails the checking of identification for the | ||||||
8 | purchase of open containers of alcoholic beverages at retail or | ||||||
9 | for entry into the licensed premises. The definition does not | ||||||
10 | include (i) a distributor or importing distributor conducting | ||||||
11 | product sampling as authorized in Section 6-31 of this Act or a | ||||||
12 | registered tasting representative, as provided in 11 Ill. Adm. | ||||||
13 | Code 100.40, conducting a tasting, as defined in 11 Ill. Adm. | ||||||
14 | Code 100.10; (ii) a volunteer serving alcoholic beverages at a | ||||||
15 | charitable function; or (iii) an instructor engaged in training | ||||||
16 | or educating on the proper technique for using a system that | ||||||
17 | dispenses alcoholic beverages. | ||||||
18 | (b) Responsible alcohol service training must cover and | ||||||
19 | assess knowledge of the topics noted in 77 Ill. Adm. Code | ||||||
20 | 3500.155. | ||||||
21 | (c) Beginning on the effective date of this amendatory Act | ||||||
22 | of the 98th General Assembly, but no later than October 1, | ||||||
23 | 2015, all existing BASSET trainers who are already BASSET | ||||||
24 | certified as of the effective date of this amendatory Act of | ||||||
25 | the 98th General Assembly shall be recertified by the State | ||||||
26 | Commission and be required to comply with the conditions for |
| |||||||
| |||||||
1 | server training set forth in this amendatory Act of the 98th | ||||||
2 | General Assembly. | ||||||
3 | (d) Training modules and certificate program plans must be | ||||||
4 | approved by the State Commission. All documents, materials, or | ||||||
5 | information related to responsible alcohol service training | ||||||
6 | program approval that are submitted to the State Commission are | ||||||
7 | confidential and shall not be open to public inspection or | ||||||
8 | dissemination and are exempt from disclosure. | ||||||
9 | The State Commission shall only approve programs that meet | ||||||
10 | the following criteria: | ||||||
11 | (1) the training course covers the content specified in | ||||||
12 | 77 Ill. Adm. Code 3500.155; | ||||||
13 | (2) if the training course is classroom-based, the | ||||||
14 | classroom training is at least 4 hours, is available in | ||||||
15 | English and Spanish, and includes a test; | ||||||
16 | (3) if the training course is online or computer-based, | ||||||
17 | the course is designed in a way that ensures that no | ||||||
18 | content can be skipped, is interactive, has audio for | ||||||
19 | content for servers that have a disability, and includes a | ||||||
20 | test; | ||||||
21 | (4) training and testing is based on a job task | ||||||
22 | analysis that clearly identifies and focuses on the | ||||||
23 | knowledge, skills, and abilities needed to responsibly | ||||||
24 | serve alcoholic beverages and is developed using best | ||||||
25 | practices in instructional design and exam development to | ||||||
26 | ensure that the program is fair and legally defensible; |
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1 | (5) training and testing is conducted by any means | ||||||
2 | available, including, but not limited to, online, | ||||||
3 | computer, classroom, or live trainers; and | ||||||
4 | (6) the program must provide access on a | ||||||
5 | 24-hour-per-day, 7-days-per-week basis for certificate | ||||||
6 | verification for State Commission, State law enforcement | ||||||
7 | officials, and employers to be able to verify certificate | ||||||
8 | authenticity. | ||||||
9 | (e) Nothing in subsection (d) of this Section shall be | ||||||
10 | construed to require a program to use a test administrator or | ||||||
11 | proctor. | ||||||
12 | (f) A certificate issued from a BASSET-licensed training | ||||||
13 | program shall be accepted as meeting the training requirements | ||||||
14 | for all server license and permit laws and ordinances in the | ||||||
15 | State. | ||||||
16 | (g) A responsible alcohol service training certificate | ||||||
17 | from a BASSET-licensed program shall be valid for 3 years. | ||||||
18 | (h) The provisions of this Section shall apply beginning | ||||||
19 | July 1, 2015. From July 1, 2015 through December 31, 2015, | ||||||
20 | enforcement of the provisions of this Section shall be limited | ||||||
21 | to education and notification of the requirements to encourage | ||||||
22 | compliance. | ||||||
23 | (i) The provisions of this Section do not apply to a | ||||||
24 | special event retailer.
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25 | (Source: P.A. 98-939, eff. 7-1-15; 99-46, eff. 7-15-15.) |
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1 | (235 ILCS 5/6-28.8 new) | ||||||
2 | Sec. 6-28.8. Delivery and carry out of mixed drinks | ||||||
3 | permitted. | ||||||
4 | (a) In this Section: | ||||||
5 | "Cocktail" or "mixed drink" means any beverage obtained by | ||||||
6 | combining ingredients alcoholic in nature, whether brewed, | ||||||
7 | fermented, or distilled, with ingredients non-alcoholic in | ||||||
8 | nature, such as fruit juice, lemonade, cream, or a carbonated | ||||||
9 | beverage. | ||||||
10 | "Original container" means, for the purposes of this | ||||||
11 | Section only, a container that is filled, sealed, and secured | ||||||
12 | by a retail licensee's employee at the retail licensee's | ||||||
13 | location with a tamper-evident lid or cap. | ||||||
14 | "Sealed container" means a rigid container that contains a | ||||||
15 | mixed drink, is new, has never been used, has a secured lid or | ||||||
16 | cap designed to prevent consumption without removal of the lid | ||||||
17 | or cap, and is tamper-evident. "Sealed container" does not | ||||||
18 | include a container with a lid with sipping holes or openings | ||||||
19 | for straws or a container made of plastic, paper, or | ||||||
20 | polystyrene foam. | ||||||
21 | "Tamper-evident" means a lid or cap that has been sealed | ||||||
22 | with tamper-evident covers, including, but not limited to, wax | ||||||
23 | dip or heat shrink wrap. | ||||||
24 | (b) A cocktail or mixed drink placed in a sealed container | ||||||
25 | by a retail licensee at the retail licensee's location may be | ||||||
26 | transferred and sold for off-premises consumption if the |
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1 | following requirements are met: | ||||||
2 | (1) the cocktail is transferred within the licensed | ||||||
3 | premises, by a curbside pickup, or by delivery by an | ||||||
4 | employee of the retail licensee who: | ||||||
5 | (A) has been trained in accordance with Section | ||||||
6 | 6-27.1 at the time of the sale; | ||||||
7 | (B) is at least 21 years of age; and | ||||||
8 | (C) upon delivery, verifies the age of the person | ||||||
9 | to whom the cocktail is being delivered; | ||||||
10 | (2) if the employee delivering the cocktail is not able | ||||||
11 | to safely verify
a person's age or level of intoxication | ||||||
12 | upon delivery, the employee shall cancel the sale of | ||||||
13 | alcohol and return the product to the retail license | ||||||
14 | holder; | ||||||
15 | (3) the sealed container is placed in the trunk of the | ||||||
16 | vehicle or if there is no trunk, in the vehicle's rear | ||||||
17 | compartment that is not readily accessible to the passenger | ||||||
18 | area; | ||||||
19 | (4) the sealed container shall be affixed with a label | ||||||
20 | or tag that contains the following information: | ||||||
21 | (A) the cocktail or mixed drink ingredients, type, | ||||||
22 | and name of the alcohol; | ||||||
23 | (B) the name, license number, and address of the | ||||||
24 | retail licensee that filled the original container and | ||||||
25 | sold the product; | ||||||
26 | (C) the volume of the cocktail or mixed drink in |
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1 | the sealed container; and | ||||||
2 | (D) the sealed container was filled less than 7 | ||||||
3 | days before the date of sale. | ||||||
4 | (c) Third-party delivery services are not permitted to | ||||||
5 | deliver cocktails and mixed drinks under this Section. | ||||||
6 | (d) If there is an executive order of the Governor in | ||||||
7 | effect during a disaster, the employee delivering the mixed | ||||||
8 | drink or cocktail must comply with any requirements of that | ||||||
9 | executive order, including, but not limited to, wearing gloves | ||||||
10 | and a mask and maintaining distancing requirements when | ||||||
11 | interacting with the public. | ||||||
12 | (e) Delivery or carry out of a cocktail or mixed drink is | ||||||
13 | prohibited if: | ||||||
14 | (1) a third party delivers the cocktail or mixed drink; | ||||||
15 | (2) a container of a mixed drink or cocktail is not | ||||||
16 | tamper-evident and sealed; | ||||||
17 | (3) a container of a mixed drink or cocktail is | ||||||
18 | transported in the passenger area of a vehicle; | ||||||
19 | (4) a mixed drink or cocktail is delivered by a person | ||||||
20 | or to a person who is under the age of 21; or | ||||||
21 | (5) the person delivering a mixed drink or cocktail | ||||||
22 | fails to verify the age of the person to whom the mixed | ||||||
23 | drink or cocktail is being delivered. | ||||||
24 | (f) Violations of this Section shall be subject to any | ||||||
25 | applicable penalties, including, but not limited to, the | ||||||
26 | penalties specified under Section 11-502 of the Illinois |
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| |||||||
1 | Vehicle Code. | ||||||
2 | (f-5) This Section is not intended to prohibit or preempt | ||||||
3 | the ability of a brew pub, tap room, or distilling pub to | ||||||
4 | continue to temporarily deliver alcoholic liquor pursuant to | ||||||
5 | guidance issued by the State Commission on March 19, 2020 | ||||||
6 | entitled "Illinois Liquor Control Commission, COVID-19 Related | ||||||
7 | Actions, Guidance on Temporary Delivery of Alcoholic Liquor". | ||||||
8 | This Section shall only grant authorization to holders of State | ||||||
9 | of Illinois retail liquor licenses but not to licensees that | ||||||
10 | simultaneously hold any licensure or privilege to manufacture | ||||||
11 | alcoholic liquors within or outside of the State of Illinois. | ||||||
12 | (g) This Section is not a denial or limitation of home rule | ||||||
13 | powers and functions under Section 6 of Article VII of the | ||||||
14 | Illinois Constitution. | ||||||
15 | (h) This Section is repealed one year after the effective | ||||||
16 | date of this amendatory Act of the 101st General Assembly.
| ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
|