Rep. Sara Feigenholtz
Filed: 4/30/2019
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1 | AMENDMENT TO SENATE BILL 54
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2 | AMENDMENT NO. ______. Amend Senate Bill 54 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Liquor Control Act of 1934 is amended by | ||||||
5 | adding Section 6-29.5 as follows: | ||||||
6 | (235 ILCS 5/6-29.5 new) | ||||||
7 | Sec. 6-29.5. Delivery of alcoholic liquors by a retailer. | ||||||
8 | (a) Entities licensed by the Illinois Liquor Control | ||||||
9 | Commission as 1A retailers may make deliveries of unopened | ||||||
10 | original packaged alcoholic liquors away from their places of | ||||||
11 | business to consumers in the State and within the geographic | ||||||
12 | areas specified in paragraphs (1) and (2), whichever is | ||||||
13 | applicable, for personal consumption only, and not for resale. | ||||||
14 | For the purposes of this subsection and except as otherwise | ||||||
15 | provided in this subsection, sales through electronic, online, | ||||||
16 | telephone, or other means, such as third-party applications or |
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1 | other software connecting recipients and licensed retailers, | ||||||
2 | shall be treated as sales by the retailer if the alcoholic | ||||||
3 | liquors delivered to the recipient are made available from the | ||||||
4 | inventory of the licensed retailer. However, a unit of local | ||||||
5 | government may regulate delivery within its boundaries by 1A | ||||||
6 | retailers that are physically located within the unit of local | ||||||
7 | government's boundaries. | ||||||
8 | (1) 1A retailers that are located in a county or | ||||||
9 | bordering a county with a population of more than 4,500,000 | ||||||
10 | may make deliveries of unopened original packaged | ||||||
11 | alcoholic liquors to consumers within a 30-mile radius of | ||||||
12 | the licensed premises. | ||||||
13 | (2) 1A retailers that are located in any other county | ||||||
14 | may make deliveries of unopened original packaged | ||||||
15 | alcoholic liquors to consumers within a 50-mile radius of | ||||||
16 | the licensed premises. | ||||||
17 | (b) A unit of local government shall not prohibit or | ||||||
18 | regulate the ability of a consumer to order or receive unopened | ||||||
19 | original packaged alcoholic liquors under this Section by 1A | ||||||
20 | retailers that are located outside the unit of local | ||||||
21 | government's boundaries. | ||||||
22 | (c) As provided in this Section, 1A retailers may make | ||||||
23 | deliveries of unopened original packaged alcoholic liquors to | ||||||
24 | consumers through the following methods: | ||||||
25 | (1) delivery at retail curbside pickup by the consumer; | ||||||
26 | (2) delivery by an owner, officer, director, |
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1 | shareholder, or employee of the licensed retailer; or | ||||||
2 | (3) delivery by a third-party contractor, independent | ||||||
3 | contractor, or agent with whom the licensed retailer has | ||||||
4 | contracted to make deliveries of alcoholic liquors. | ||||||
5 | (d) Any person making a delivery of alcoholic liquors shall | ||||||
6 | ensure that: | ||||||
7 | (1) the recipient demonstrates, upon delivery, that he | ||||||
8 | or she is at least 21 years of age, and the party making | ||||||
9 | the delivery verifies the age of the recipient by adequate | ||||||
10 | written evidence of age and identity consistent with | ||||||
11 | subsection (a) of Section 6-16 of this Act; | ||||||
12 | (2) deliveries are not made to a consumer who is | ||||||
13 | visibly intoxicated; | ||||||
14 | (3) deliveries are made within the State of Illinois; | ||||||
15 | and | ||||||
16 | (4) if the person making the delivery is a third-party | ||||||
17 | contractor or agent with whom a licensed retailer has | ||||||
18 | contracted to make deliveries, he or she does not warehouse | ||||||
19 | or otherwise maintain an inventory of alcoholic liquors. | ||||||
20 | (e) This Section does not limit the ability of a retailer | ||||||
21 | authorized by a local liquor control commissioner prior to the | ||||||
22 | effective date of this amendatory Act of the 101st General | ||||||
23 | Assembly to sell alcoholic liquor for off-premises consumption | ||||||
24 | solely through the Internet, a mobile application, or a similar | ||||||
25 | computer-based technology platform to transfer, deliver, or | ||||||
26 | ship alcoholic liquor to any purchaser located in this State |
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1 | without geographic restriction. | ||||||
2 | (f) A home rule unit may not regulate (i) the delivery of | ||||||
3 | or (ii) the ordering or receiving for delivery by consumers of | ||||||
4 | alcoholic liquors in a manner inconsistent with this Section. | ||||||
5 | This Section is a limitation under subsection
(i) of Section 6 | ||||||
6 | of Article VII of the Illinois Constitution
on the concurrent | ||||||
7 | exercise by home rule units of powers and
functions exercised | ||||||
8 | by the State.
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.".
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