Sen. James F. Clayborne Jr.
Filed: 3/10/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2164 




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    AMENDMENT NO. ______. Amend Senate Bill 2164  by replacing 
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everything after the enacting clause with the following:


 
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    "Section 5. The Riverboat Gambling Act is amended  by adding 
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Section 11.3 as follows:
 
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    (230 ILCS 10/11.3  new)
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    Sec. 11.3. Free drinks. Nothing in this Act or its rules 
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shall be interpreted to prohibit the distribution of free 
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drinks on the gaming floor of a riverboat licensed under this 
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Act that has adjusted gross receipts in calendar year 2008 of 
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less than $50,000,000.
 
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    Section 10. The Liquor Control Act of 1934 is amended  by 
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changing Section 6-28 as follows:
 



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    (235 ILCS 5/6-28)  (from Ch. 43, par. 144d)


 


 






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    Sec. 6-28. Happy hours prohibited. 
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    (a) All retail licensees shall
maintain a schedule of the 
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prices charged for all drinks of alcoholic
liquor to be served 
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and consumed on the licensed premises or in any room or
part 
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thereof. Whenever a hotel or multi-use establishment which 
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holds a
valid retailer's license operates on its premises more 
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than one
establishment at which drinks of alcoholic liquor are 
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sold at retail, the
hotel or multi-use establishment shall 
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maintain at each such establishment
a separate schedule of the 
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prices charged for such drinks at that
establishment.

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    (b) No retail licensee or employee or agent of such 
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licensee shall:


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        (1) serve 2 or more drinks of alcoholic liquor at one 
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    time to one person
for consumption by that one person, 
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    except conducting product sampling
pursuant to Section 
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    6-31 or selling or delivering wine by the bottle or
carafe;


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        (2) sell, offer to sell or serve to any person an 
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    unlimited number of
drinks of alcoholic liquor during any 
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    set period of time for a fixed price,
except at private 
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    functions not open to the general public;


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        (3) sell, offer to sell or serve any drink of alcoholic 
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    liquor to any
person on any one date at a reduced price 
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    other than that charged other
purchasers of drinks on that 
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    day where such reduced price is a promotion to
encourage 
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    consumption of alcoholic liquor, except as authorized in

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    paragraph (7) of subsection (c);


 


 






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        (4) increase the volume of alcoholic liquor contained 
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    in a drink, or the
size of a drink of alcoholic liquor, 
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    without increasing proportionately
the price regularly 
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    charged for the drink on that day;


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        (5) encourage or permit, on the licensed premises, any 
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    game or contest
which involves drinking alcoholic liquor or 
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    the
awarding of drinks of alcoholic liquor as prizes for 
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    such game or contest
on the licensed premises; or


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        (6) advertise or promote in any way, whether on or off 
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    the licensed
premises, any of the practices prohibited 
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    under paragraphs (1) through (5).

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    (c) Nothing in subsection (b) shall be construed to 
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prohibit a
licensee from:


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        (1) offering free food or entertainment at any time;


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        (2) including drinks of alcoholic liquor as part of a 
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    meal package;


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        (3) including drinks of alcoholic liquor as part of a 
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    hotel package;


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        (4) negotiating drinks of alcoholic liquor as part of a 
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    contract between
a hotel or multi-use establishment and 
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    another group for the holding of any
function, meeting, 
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    convention or trade show;


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        (5) providing room service to persons renting rooms at 
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    a hotel;


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        (6) selling pitchers (or the equivalent, including but 
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    not limited to
buckets), carafes, or bottles of alcoholic 
 


 






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    liquor which are
customarily sold in such manner, or 
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    selling bottles of spirits, and delivered to 2 or more 
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    persons at one time;
or


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        (7) increasing prices of drinks of alcoholic liquor in 
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    lieu of, in whole
or in part, a cover charge to offset the 
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    cost of special entertainment not
regularly scheduled; or .
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        (8) distributing free drinks on the gaming floor of a 
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    riverboat licensed under the Riverboat Gambling Act, as 
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    provided in Section 11.3 of that Act. 

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    (d) A violation of this Act shall be grounds for suspension 
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or
revocation of the retailer's license as provided by
this 
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Act.

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(Source: P.A. 94-1112, eff. 2-27-07.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".