SB2000 103RD GENERAL ASSEMBLY

LRB103 28059 RPS 54438 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2000

Introduced 2/9/2023, by Sen. Cristina Castro

SYNOPSIS AS INTRODUCED:

235 ILCS 5/6-40 new

Amends the Liquor Control Act of 1934. Provides that an off-premises retail licensee or a person in the business of manufacturing, importing, or distributing alcoholic liquors directly or indirectly offering or providing coupons to consumers that are redeemable by the person offering the coupon or third-party agent does not constitute a violation under the Act if specified conditions are met. Provides that any person who funds, offers, or redeems coupons shall maintain complete, accurate, and itemized records of reimbursements. Provides that the person offering a coupon shall provide notice of the coupon with specified information at least 7 days prior to the issuance of the coupon on the licensee's publicly available website or social media pages and, in the case of an off-premises retailer offering the coupon, conspicuously on its licensed premises.

A BILL FOR

AN ACT concerning liquor.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Liquor Control Act of 1934 is amended by adding Section 6-40 as follows:

(235 ILCS 5/6-40 new)

Sec. 6-40. Coupons.

(a) For the purposes of this Section, "coupon" means any method, including, but not limited to, paper, digital, electronic, online mobile application, or similar format, by which a consumer receives a discount in connection with the purchase of an alcoholic liquor product with such purchase funded, produced, sponsored, promoted, or furnished, either directly or indirectly, by a person in the business of manufacturing, importing, or distributing alcoholic liquors or by an off-premise retail licensee and no other person and redeemed directly or indirectly by the person offering the coupon or a third-party agent.

(b) An off-premises retail licensee or a person in the business of manufacturing, importing, or distributing alcoholic liquors directly or indirectly offering or providing a coupon to consumers that is redeemable by the person offering the coupon or third-party agent does not constitute a violation under this Act if the following conditions are met:

(1) The person offers the coupon directly to a consumer. A manufacturer that imports or distributes alcoholic liquors shall not directly or indirectly reimburse a retailer for a coupon.

(2) The person offering the coupon does not offer any coupon that makes any alcoholic liquor free of charge.

(3) The person offering a coupon directly or indirectly to a consumer is the sole person, or its third-party agent, who redeems the coupon. The person offering the coupon, or its third-party agent, shall not redeem a coupon by any consumer below the age of 21.

(4) The coupon provided by the person in the business of manufacturing, importing, or distributing alcoholic liquors does not identify the name or brand of a retail licensee.

(5) A person in the business of manufacturing, importing, or distributing alcoholic liquors does not offer a coupon that is redeemable for retailer branded or retailer private label products. A retail licensee may offer a coupon for a retailer branded or retailer private label product.

(6) The coupon contains an expiration date. A person offering a coupon shall not reimburse a consumer beyond the expiration date.

(7) A person in the business of manufacturing, importing, or distributing alcoholic liquors does not require a retailer to accept coupons. A retailer shall not accept any reimbursement for a coupon issued by any other person.

(8) A retailer does not require a person in the business of manufacturing, importing, or distributing alcoholic liquors to offer coupons.

(9) A person offering a coupon provides the full amount of the discount to the consumer.

(10) A distributor is not required to disseminate any coupons on the behalf of a person offering a coupon.

(11) Printed or paper coupons are not offered or provided anywhere on the premises of a retailer or placed upon any alcoholic product.

(12) The coupon does not provide a full or partial discount for the purchase of alcoholic liquor that would apply to a separate alcoholic liquor that is not manufactured or owned by the same alcoholic manufacturer.

(c) A retailer may offer a coupon as part of a retailer loyalty program or awards program.

(d) A coupon for alcohol liquor may include nonalcoholic products as long as the discount applies solely to a nonalcoholic product that is not a retailer branded or private label product.

(e) A coupon may be promoted, provided, furnished, or fulfilled through a third-party agent acting on behalf of a person offering the coupon. Any act or omission of a third-party agent related to coupons or consumer promotion is the act or omission of the licensee.

(f) Any person who funds, offers, or redeems coupons shall maintain complete, accurate, and itemized records of reimbursements. All records of reimbursement, including any supporting documentation, including, but not limited to, consumer promotions, purchase invoices, sales receipts, or similar documentation shall be maintained by the licensee offering a coupon for a period of no less than 3 years after the reimbursement. A licensee shall make records of reimbursements and supporting documentation available upon reasonable notice for the purpose of investigation by the State Commission. The records may be kept in an electronic or digital format.

(g) The person offering a coupon shall provide notice of the coupon at least 7 days prior to the issuance of the coupon on the licensee's publicly available website or social media pages and, in the case of an off-premises retailer offering the coupon, conspicuously on its licensed premises. The notice shall include the following:

(1) the person offering the coupon;

(2) the exact product or products and size or sizes of the product or products and the rebate amount for the coupon; and

(3) the beginning and end date of the coupon offered.