HB4589 EngrossedLRB099 18156 RPS 42523 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 6-27.5, 6-28.5, and 6-36 as follows:
 
6    (235 ILCS 5/6-27.5)
7    Sec. 6-27.5. Mandatory schedule of prices. All retail
8licensees shall maintain a schedule of drink the prices charged
9for all drinks of alcoholic liquor to be served and consumed on
10the licensed premises or in any room or part thereof. Whenever
11a hotel or multi-use establishment which holds a valid
12retailer's license operates on its premises more than one
13establishment at which drinks of alcoholic liquor are sold at
14retail, the hotel or multi-use establishment shall maintain at
15each such establishment a separate schedule of drink the prices
16charged for such drinks at that establishment. Drink prices
17listed on the schedule of drink prices shall remain the same
18for each drink for the entire business day, unless the drink
19prices are changed in accordance with Section 6-28.5 of this
20Act. Daily drink prices are not required to be the same for
21each business day.
22    As used in this Section, "schedule of drink prices" means a
23list, including, but not limited to, a drink menu, of the

 

 

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1brands, sizes, and prices for drinks of alcoholic liquor
2offered by a license holder.
3(Source: P.A. 99-46, eff. 7-15-15.)
 
4    (235 ILCS 5/6-28.5)
5    Sec. 6-28.5. Permitted happy hours and meal packages, party
6packages, and entertainment packages.
7    (a) As used in this Section:
8    "Dedicated event space" means a room or rooms or other
9clearly delineated space within a retail licensee's premises
10that is reserved for the exclusive use of party package
11invitees during the entirety of a party package. Furniture,
12stanchions and ropes, or other room dividers may be used to
13clearly delineate a dedicated event space.
14    "Food" means any edible item to be consumed by a person and
15includes, but is not limited to, multi-course meals, buffets,
16hors d'oeuvres, snacks, and finger foods. "Food" does not
17include ice.
18    "Meal package" means a food and beverage package, which may
19or may not include entertainment, where the service of
20alcoholic liquor is an accompaniment to the food, including,
21but not limited to, a meal, tour, tasting, or any combination
22thereof for a fixed price by a retail licensee or any other
23licensee operating within a sports facility, restaurant,
24winery, brewery, or distillery.
25    "Party package" means a private party, function, or event

 

 

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1for a specific social or business occasion, either arranged by
2invitation or reservation for a defined number of individuals,
3that is not open to the general public and where attendees are
4served both food and alcohol for a fixed price in a dedicated
5event space.
6    (b) A retail licensee may:
7        (1) offer free food or entertainment at any time;
8        (2) include drinks of alcoholic liquor as part of a
9    meal package;
10        (3) sell or offer for sale a party package only if the
11    retail licensee:
12            (A) offers food in the dedicated event space;
13            (B) limits the party package to no more than 3
14        hours;
15            (C) distributes wristbands, lanyards, shirts, or
16        any other such wearable items to identify party package
17        attendees so the attendees may be granted access to the
18        dedicated event space; and
19            (D) excludes individuals not participating in the
20        party package from the dedicated event space;
21        (4) include drinks of alcoholic liquor as part of a
22    hotel package;
23        (5) negotiate drinks of alcoholic liquor as part of a
24    hotel package;
25        (6) provide room service to persons renting rooms at a
26    hotel;

 

 

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1        (7) sell pitchers (or the equivalent, including, but
2    not limited to, buckets of bottled beer), carafes, or
3    bottles of alcoholic liquor which are customarily sold in
4    such manner, or sell bottles of spirits;
5        (8) advertise events permitted under this Section;
6        (9) include drinks of alcoholic liquor as part of an
7    entertainment package where the licensee is separately
8    licensed by a municipal ordinance that (A) restricts dates
9    of operation to dates during which there is an event at an
10    adjacent stadium, (B) restricts hours of serving alcoholic
11    liquor to 2 hours before the event and one hour after the
12    event, (C) restricts alcoholic liquor sales to beer and
13    wine, (D) requires tickets for admission to the
14    establishment, and (E) prohibits sale of admission tickets
15    on the day of an event and permits the sale of admission
16    tickets for single events only; and
17        (10) discount any drink of alcoholic liquor during a
18    specified time period only if:
19            (A) the price of the drink of alcoholic liquor is
20        not changed during the time that it is discounted;
21            (B) the period of time during which any drink of
22        alcoholic liquor is discounted does not exceed 4 hours
23        per day and 15 hours per week; however, this period of
24        time is not required to be consecutive and may be
25        divided by the licensee in any manner;
26            (C) the drink of alcoholic liquor is not discounted

 

 

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1        between the hours of 10:00 p.m. and the licensed
2        premises' closing hour; and
3            (D) notice of the discount of the drink of
4        alcoholic liquor during a specified time is posted on
5        the licensed premises or on the licensee's publicly
6        available website at least 7 days prior to the
7        specified time; and .
8        (11) offer and advertise daily drink specials.
9    (c) (b) A violation of this Section shall be grounds for
10suspension or revocation of the retailer's license as provided
11by this Act. The State Commission may not enforce any trade
12practice policy or other rule that was not adopted in
13accordance with the Illinois Administrative Procedure Act.
14    (d) (c) All licensees affected by this Section must also
15comply with Sections 6-16, 6-21, and 6-27.1 of this Act.
16(Source: P.A. 99-46, eff. 7-15-15.)
 
17    (235 ILCS 5/6-36)
18    Sec. 6-36. Homemade brewed beverages.
19    (a) No license or permit is required under this Act for the
20making of homemade brewed beverages or for the possession,
21transportation, or storage of homemade brewed beverages by any
22person 21 years of age or older, if all of the following apply:
23        (1) the person who makes the homemade brewed beverages
24    receives no compensation;
25        (2) the homemade brewed beverages are not sold or

 

 

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1    offered for sale; and
2        (3) the total quantity of homemade brewed beverages
3    made, in a calendar year, by the person does not exceed 100
4    gallons if the household has only one person 21 years of
5    age or older or 200 gallons if the household has 2 or more
6    persons 21 years of age or older; and .
7        (4) the person who purchases the apparatus or equipment
8    used to produce the homemade brewed beverages is 21 years
9    of age or older.
10    (b) A person who makes, possesses, transports, or stores
11homemade brewed beverages in compliance with the limitations
12specified in subsection (a) is not a brewer, class 1 brewer,
13class 2 brewer, wholesaler, retailer, or a manufacturer of beer
14for the purposes of this Act.
15    (c) Homemade brewed beverages made in compliance with the
16limitations specified in subsection (a) may be consumed by the
17person who made it and his or her family, neighbors, and
18friends at any private residence or other private location
19where the possession and consumption of alcohol are permissible
20under this Act, local ordinances, and other applicable law,
21provided that the homemade brewed beverages are not made
22available for consumption by the general public.
23    (d) Homemade brewed beverages made in compliance with the
24limitations specified in subsection (a) may be used for
25purposes of a public exhibition, demonstration, tasting, or
26sampling with sampling sizes as authorized by Section 6-31, if

 

 

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1the event is held at a private residence or at a location other
2than a retail licensed premises. If the public event is not
3held at a private residence, the event organizer shall obtain a
4homebrewer special event permit for each location, and is
5subject to the provisions in subsection (a) of Section 6-21.
6Homemade brewed beverages used for purposes described in this
7subsection (d), including the submission or consumption of the
8homemade brewed beverages, are not considered sold or offered
9for sale under this Act. A public exhibition, demonstration,
10tasting, or sampling with sampling sizes as authorized by
11Section 6-31 held by a licensee on a location other than a
12retail licensed premises may require an admission charge to the
13event, but no separate or additional fee may be charged for the
14consumption of a person's homemade brewed beverages at the
15public exhibition, demonstration, tasting, or sampling with
16sampling sizes as authorized by Section 6-31. Event admission
17charges that are collected may be partially used to provide
18prizes to makers of homemade brewed beverages, but the
19admission charges may not be divided in any fashion among the
20makers of the homemade brewed beverages who participate in the
21event. Homemade brewed beverages used for purposes described in
22this subsection (d) are not considered sold or offered for sale
23under this Act if a maker of homemade brewed beverages receives
24free event admission or discounted event admission in return
25for the maker's donation of the homemade brewed beverages to an
26event specified in this subsection (d) that collects event

 

 

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1admission charges; free admission or discounted admission to
2the event is not considered compensation under this Act. No
3admission fee and no charge for the consumption of a person's
4homemade brewed beverage may be collected if the public
5exhibition, demonstration, tasting, or sampling with sampling
6sizes as authorized by Section 6-31 is held at a private
7residence.
8    (e) A person who is not a licensee under this Act may at a
9private residence, and a person who is a licensee under this
10Act may on the licensed premises, conduct, sponsor, or host a
11contest, competition, or other event for the exhibition,
12demonstration, judging, tasting, or sampling of homemade
13brewed beverages made in compliance with the limitations
14specified in subsection (a), if the person does not sell the
15homemade brewed beverages and, unless the person is the brewer
16of the homemade brewed beverages, does not acquire any
17ownership interest in the homemade brewed beverages. If the
18contest, competition, exhibition, demonstration, or judging is
19not held at a private residence, the consumption of the
20homemade brewed beverages is limited to qualified judges and
21stewards as defined by a national or international beer judging
22program, who are identified by the event organizer in advance
23of the contest, competition, exhibition, demonstration, or
24judging. Homemade brewed beverages used for the purposes
25described in this subsection (e), including the submission or
26consumption of the homemade brewed beverages, are not

 

 

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1considered sold or offered for sale under this Act and any
2prize awarded at a contest or competition or as a result of an
3exhibition, demonstration, or judging is not considered
4compensation under this Act. An exhibition, demonstration,
5judging, contest, or competition held by a licensee on a
6licensed premises may require an admission charge to the event,
7but no separate or additional fee may be charged for the
8consumption of a person's homemade brewed beverage at the
9exhibition, demonstration, judging, contest, or competition. A
10portion of event admission charges that are collected may be
11used to provide prizes to makers of homemade brewed beverages,
12but the admission charges may not be divided in any fashion
13among the makers of the homemade brewed beverages who
14participate in the event. Homemade brewed beverages used for
15purposes described in this subsection (e) are not considered
16sold or offered for sale under this Act if a maker of homemade
17brewed beverages receives free event admission or discounted
18event admission in return for the maker's donation of the
19homemade brewed beverages to an event specified in this
20subsection (e) that collects event admission charges; free
21admission or discounted admission to the event is not
22considered compensation under this Act. No admission fee and no
23charge for the consumption of a person's homemade brewed
24beverage may be charged if the exhibition, demonstration,
25judging, contest, or competition is held at a private
26residence. The fact that a person is acting in a manner

 

 

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1authorized by this Section is not, by itself, sufficient to
2constitute a public nuisance under Section 10-7 of this Act. If
3the contest, competition, or other event is held on licensed
4premises, the licensee may allow the homemade brewed beverages
5to be stored on the premises if the homemade brewed beverages
6are clearly identified and kept separate from any alcohol
7beverages owned by the licensee. If the contest, competition,
8or other event is held on licensed premises, other provisions
9of this Act not inconsistent with this Section apply.
10    (f) A commercial enterprise engaged primarily in selling
11supplies and equipment to the public for use by homebrewers may
12manufacture homemade brewed beverages for the purpose of
13tasting the homemade brewed beverages at the location of the
14commercial enterprise, provided that the homemade brewed
15beverages are not sold or offered for sale. Homemade brewed
16beverages provided at a commercial enterprise for tasting under
17this subsection (f) shall be in compliance with Sections 6-16,
186-21, and 6-31 of this Act. A commercial enterprise engaged
19solely in selling supplies and equipment for use by homebrewers
20shall not be required to secure a license under this Act,
21however, such commercial enterprise shall secure liquor
22liability insurance coverage in an amount at least equal to the
23maximum liability amounts set forth in subsection (a) of
24Section 6-21 of this Act.
25    (g) Homemade brewed beverages are not subject to Section
268-1 of this Act.

 

 

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1(Source: P.A. 98-55, eff. 7-5-13; 99-78, eff. 7-20-15; 99-448,
2eff. 8-24-15.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.