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1 | AN ACT concerning hospitality.
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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 1. This Act may be referred to as the COVID-19 | ||||||
5 | Pandemic Hospitality Recovery Act. | ||||||
6 | Section 5. The Liquor Control Act of 1934 is amended by | ||||||
7 | changing Sections 6-5 and 6-28.8 and by adding Section 6-37 as | ||||||
8 | follows:
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9 | (235 ILCS 5/6-5) (from Ch. 43, par. 122)
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10 | Sec. 6-5.
Except as otherwise provided in this Section, it | ||||||
11 | is unlawful
for any person having a retailer's license or
any | ||||||
12 | officer, associate, member, representative or agent of such | ||||||
13 | licensee
to accept, receive or borrow money, or anything else | ||||||
14 | of value, or accept
or receive credit (other than | ||||||
15 | merchandising credit in the ordinary
course of business for a | ||||||
16 | period not to exceed 30 days) directly or
indirectly from any | ||||||
17 | manufacturer, importing distributor or distributor
of | ||||||
18 | alcoholic liquor, or from any person connected with or in any | ||||||
19 | way
representing, or from any member of the family of, such | ||||||
20 | manufacturer,
importing distributor, distributor or | ||||||
21 | wholesaler, or from any
stockholders in any corporation | ||||||
22 | engaged in manufacturing, distributing
or wholesaling of such |
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1 | liquor, or from any officer, manager, agent or
representative | ||||||
2 | of said manufacturer. Except as provided below, it is
unlawful | ||||||
3 | for any manufacturer
or distributor or importing distributor | ||||||
4 | to give or lend money or
anything of value, or otherwise loan | ||||||
5 | or extend credit (except such
merchandising credit) directly | ||||||
6 | or indirectly to any retail licensee or
to the manager, | ||||||
7 | representative, agent, officer or director of such
licensee. A | ||||||
8 | manufacturer, distributor or importing distributor may furnish
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9 | free advertising, posters,
signs, brochures, hand-outs, or | ||||||
10 | other promotional devices or materials to
any unit of | ||||||
11 | government owning or operating any auditorium, exhibition | ||||||
12 | hall,
recreation facility or other similar facility holding a | ||||||
13 | retailer's license,
provided that the primary purpose of such | ||||||
14 | promotional devices or materials
is to promote public events | ||||||
15 | being held at such facility. A unit of government
owning or | ||||||
16 | operating such a facility holding a retailer's license may | ||||||
17 | accept
such promotional devices or materials designed | ||||||
18 | primarily to promote public
events held at the facility. No | ||||||
19 | retail licensee delinquent beyond the
30 day period specified | ||||||
20 | in this Section shall
solicit, accept or receive credit, | ||||||
21 | purchase or acquire alcoholic
liquors, directly or indirectly | ||||||
22 | from any other licensee, and no
manufacturer, distributor or | ||||||
23 | importing distributor shall knowingly grant
or extend credit, | ||||||
24 | sell, furnish or supply alcoholic liquors to any such
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25 | delinquent retail licensee; provided that the purchase price | ||||||
26 | of all beer
sold to a retail licensee shall be paid by the |
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1 | retail licensee in cash
on or before delivery of the beer, and | ||||||
2 | unless the purchase price payable
by a retail licensee for | ||||||
3 | beer sold to him in returnable bottles shall
expressly include | ||||||
4 | a charge for the bottles and cases, the retail
licensee shall, | ||||||
5 | on or before delivery of such beer, pay the seller in
cash a | ||||||
6 | deposit in an amount not less than the deposit required to be
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7 | paid by the distributor to the brewer; but where the brewer | ||||||
8 | sells direct
to the retailer, the deposit shall be an amount no | ||||||
9 | less than that
required by the brewer from his own | ||||||
10 | distributors; and provided further,
that in no instance shall | ||||||
11 | this deposit be less than 50 cents for each
case of beer in | ||||||
12 | pint or smaller bottles and 60 cents for each case of
beer in | ||||||
13 | quart or half-gallon bottles; and provided further, that the
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14 | purchase price of all beer sold to an importing distributor or
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15 | distributor shall be paid by such importing distributor or | ||||||
16 | distributor
in cash on or before the 15th day (Sundays and | ||||||
17 | holidays excepted) after
delivery of such beer to such | ||||||
18 | purchaser; and unless the purchase price
payable by such | ||||||
19 | importing distributor or distributor for beer sold in
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20 | returnable bottles and cases shall expressly include a charge | ||||||
21 | for the
bottles and cases, such importing distributor or | ||||||
22 | distributor shall, on
or before the 15th day (Sundays and | ||||||
23 | holidays excepted) after delivery of
such beer to such | ||||||
24 | purchaser, pay the seller in cash a required amount as
a | ||||||
25 | deposit to assure the return of such bottles and cases. | ||||||
26 | Nothing herein
contained shall prohibit any licensee from |
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1 | crediting or refunding to a
purchaser the actual amount of | ||||||
2 | money paid for bottles, cases, kegs or
barrels returned by the | ||||||
3 | purchaser to the seller or paid by the purchaser
as a deposit | ||||||
4 | on bottles, cases, kegs or barrels, when such containers or
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5 | packages are returned to the seller. Nothing herein contained | ||||||
6 | shall
prohibit any manufacturer, importing distributor or | ||||||
7 | distributor from
extending usual and customary credit for | ||||||
8 | alcoholic liquor sold to
customers or purchasers who live in | ||||||
9 | or maintain places of business
outside of this State when such | ||||||
10 | alcoholic liquor is actually transported
and delivered to such | ||||||
11 | points outside of this State.
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12 | A manufacturer, distributor, or importing distributor may | ||||||
13 | furnish free social media advertising to a retail licensee if | ||||||
14 | the social media advertisement does not contain the retail | ||||||
15 | price of any alcoholic liquor and the social media | ||||||
16 | advertisement complies with any applicable rules or | ||||||
17 | regulations issued by the Alcohol and Tobacco Tax and Trade | ||||||
18 | Bureau of the United States Department of the Treasury. A | ||||||
19 | manufacturer, distributor, or importing distributor may list | ||||||
20 | the names of one or more unaffiliated retailers in the | ||||||
21 | advertisement of alcoholic liquor through social media. | ||||||
22 | Nothing in this Section shall prohibit a retailer from | ||||||
23 | communicating with a manufacturer, distributor, or importing | ||||||
24 | distributor on social media or sharing media on the social | ||||||
25 | media of a manufacturer, distributor, or importing | ||||||
26 | distributor. A retailer may request free social media |
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1 | advertising from a manufacturer, distributor, or importing | ||||||
2 | distributor. Nothing in this Section shall prohibit a | ||||||
3 | manufacturer, distributor, or importing distributor from | ||||||
4 | sharing, reposting, or otherwise forwarding a social media | ||||||
5 | post by a retail licensee, so long as the sharing, reposting, | ||||||
6 | or forwarding of the social media post does not contain the | ||||||
7 | retail price of any alcoholic liquor. No manufacturer, | ||||||
8 | distributor, or importing distributor shall pay or reimburse a | ||||||
9 | retailer, directly or indirectly, for any social media | ||||||
10 | advertising services, except as specifically permitted in this | ||||||
11 | Act. No retailer shall accept any payment or reimbursement, | ||||||
12 | directly or indirectly, for any social media advertising | ||||||
13 | services offered by a manufacturer, distributor, or importing | ||||||
14 | distributor, except as specifically permitted in this Act. For | ||||||
15 | the purposes of this Section, "social media" means a service, | ||||||
16 | platform, or site where users communicate with one another and | ||||||
17 | share media, such as pictures, videos, music, and blogs, with | ||||||
18 | other users free of charge. | ||||||
19 | No right of action shall exist for the collection of any | ||||||
20 | claim based
upon credit extended to a distributor, importing | ||||||
21 | distributor or retail
licensee contrary to the provisions of | ||||||
22 | this Section.
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23 | Every manufacturer, importing distributor and distributor | ||||||
24 | shall
submit or cause to be submitted, to the State | ||||||
25 | Commission, in triplicate,
not later than Thursday of each | ||||||
26 | calendar week, a verified written list
of the names and |
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1 | respective addresses of each retail licensee purchasing
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2 | spirits or wine from such manufacturer, importing distributor | ||||||
3 | or
distributor who, on the first business day of that calendar | ||||||
4 | week, was
delinquent beyond the above mentioned permissible | ||||||
5 | merchandising credit
period of 30 days; or, if such is the | ||||||
6 | fact, a verified written statement
that no retail licensee | ||||||
7 | purchasing spirits or wine was then delinquent
beyond such | ||||||
8 | permissible merchandising credit period of 30 days.
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9 | Every manufacturer, importing distributor and distributor | ||||||
10 | shall
submit or cause to be submitted, to the State | ||||||
11 | Commission, in triplicate,
a verified written list of the | ||||||
12 | names and respective addresses of each
previously reported | ||||||
13 | delinquent retail licensee who has cured such
delinquency by | ||||||
14 | payment, which list shall be submitted not later than the
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15 | close of the second full business day following the day such | ||||||
16 | delinquency
was so cured.
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17 | Such written verified reports required to be submitted by | ||||||
18 | this
Section shall be posted by the State Commission in each of | ||||||
19 | its offices
in places available for public inspection not | ||||||
20 | later than the day
following receipt thereof by the | ||||||
21 | Commission. The reports so posted shall
constitute notice to | ||||||
22 | every manufacturer, importing distributor and
distributor of | ||||||
23 | the information contained therein. Actual notice to
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24 | manufacturers, importing distributors and distributors of the
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25 | information contained in any such posted reports, however | ||||||
26 | received,
shall also constitute notice of such information.
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1 | The 30 day merchandising credit period allowed by this | ||||||
2 | Section shall
commence with the day immediately following the | ||||||
3 | date of invoice and
shall include all successive days | ||||||
4 | including Sundays and holidays to and
including the 30th | ||||||
5 | successive day.
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6 | In addition to other methods allowed by law, payment by | ||||||
7 | check or credit card during
the period for which merchandising | ||||||
8 | credit may be extended under the
provisions of this Section | ||||||
9 | shall be considered payment. All checks
received in payment | ||||||
10 | for alcoholic liquor shall be promptly deposited for
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11 | collection. A post dated check or a check dishonored on | ||||||
12 | presentation for
payment shall not be deemed payment.
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13 | A credit card payment in dispute by a retailer shall not be | ||||||
14 | deemed payment, and the debt uncured for merchandising credit | ||||||
15 | shall be reported as delinquent. Nothing in this Section shall | ||||||
16 | prevent a distributor, self-distributing manufacturer, or | ||||||
17 | importing distributor from assessing a usual and customary | ||||||
18 | transaction fee representative of the actual finance charges | ||||||
19 | incurred for processing a credit card payment. This | ||||||
20 | transaction fee shall be disclosed on the invoice. It shall be | ||||||
21 | considered unlawful for a distributor, importing distributor, | ||||||
22 | or self-distributing manufacturer to waive finance charges for | ||||||
23 | retailers. | ||||||
24 | A retail licensee shall not be deemed to be delinquent in | ||||||
25 | payment for
any alleged sale to him of alcoholic liquor when | ||||||
26 | there exists a bona fide
dispute between such retailer and a |
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1 | manufacturer, importing distributor
or distributor with | ||||||
2 | respect to the amount of indebtedness existing
because of such | ||||||
3 | alleged sale. A retail licensee shall not be deemed to be | ||||||
4 | delinquent under this provision and 11 Ill. Adm. Code 100.90 | ||||||
5 | until 30 days after the date on which the region in which the | ||||||
6 | retail licensee is located enters Phase 4 of the Governor's | ||||||
7 | Restore Illinois Plan as issued on May 5, 2020. | ||||||
8 | A delinquent retail licensee who engages in the retail | ||||||
9 | liquor
business at 2 or more locations shall be deemed to be | ||||||
10 | delinquent with
respect to each such location.
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11 | The license of any person who violates any provision of | ||||||
12 | this Section
shall be subject to suspension or revocation in | ||||||
13 | the manner provided by
this Act.
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14 | If any part or provision of this Article or the | ||||||
15 | application thereof
to any person or circumstances shall be | ||||||
16 | adjudged invalid by a court of
competent jurisdiction, such | ||||||
17 | judgment shall be confined by its operation
to the controversy | ||||||
18 | in which it was mentioned and shall not affect or
invalidate | ||||||
19 | the remainder of this Article or the application thereof to
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20 | any other person or circumstance and to this and the | ||||||
21 | provisions of this
Article are declared severable.
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22 | (Source: P.A. 101-631, eff. 6-2-20.)
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23 | (235 ILCS 5/6-28.8) | ||||||
24 | (Section scheduled to be repealed on June 2, 2021) | ||||||
25 | Sec. 6-28.8. Delivery and carry out of mixed drinks |
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1 | permitted. | ||||||
2 | (a) In this Section: | ||||||
3 | "Cocktail" or "mixed drink" means any beverage obtained by | ||||||
4 | combining ingredients alcoholic in nature, whether brewed, | ||||||
5 | fermented, or distilled, with ingredients non-alcoholic in | ||||||
6 | nature, such as fruit juice, lemonade, cream, or a carbonated | ||||||
7 | beverage. | ||||||
8 | "Original container" means, for the purposes of this | ||||||
9 | Section only, a container that is (i) filled, sealed, and | ||||||
10 | secured by a retail licensee's employee at the retail | ||||||
11 | licensee's location with a tamper-evident lid or cap or (ii)
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12 | filled and labeled by the manufacturer and secured by the
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13 | manufacturer's original unbroken seal . | ||||||
14 | "Sealed container" means a rigid container that contains a | ||||||
15 | mixed drink or a single serving of wine , is new, has never been | ||||||
16 | used, has a secured lid or cap designed to prevent consumption | ||||||
17 | without removal of the lid or cap, and is tamper-evident. | ||||||
18 | "Sealed container" includes a manufacturer's
original | ||||||
19 | container as defined in this subsection. "Sealed container" | ||||||
20 | does not include a container with a lid with sipping holes or | ||||||
21 | openings for straws or a container made of plastic, paper, or | ||||||
22 | polystyrene foam. | ||||||
23 | "Tamper-evident" means a lid or cap that has been sealed | ||||||
24 | with tamper-evident covers, including, but not limited to, wax | ||||||
25 | dip or heat shrink wrap. | ||||||
26 | (b) A cocktail , or mixed drink , or single serving of wine |
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1 | placed in a sealed container by a retail licensee at the retail | ||||||
2 | licensee's location or a manufacturer's original container may | ||||||
3 | be transferred and sold for off-premises consumption if the | ||||||
4 | following requirements are met: | ||||||
5 | (1) the cocktail , mixed drink, or single serving of
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6 | wine is transferred within the licensed premises, by a | ||||||
7 | curbside pickup, or by delivery by an employee of the | ||||||
8 | retail licensee who: | ||||||
9 | (A) has been trained in accordance with Section | ||||||
10 | 6-27.1 at the time of the sale; | ||||||
11 | (B) is at least 21 years of age; and | ||||||
12 | (C) upon delivery, verifies the age of the person | ||||||
13 | to whom the cocktail , mixed drink, or single serving | ||||||
14 | of wine is being delivered; | ||||||
15 | (2) if the employee delivering the cocktail , mixed | ||||||
16 | drink, or single serving of wine is not able to safely | ||||||
17 | verify
a person's age or level of intoxication upon | ||||||
18 | delivery, the employee shall cancel the sale of alcohol | ||||||
19 | and return the product to the retail license holder; | ||||||
20 | (3) the sealed container is placed in the trunk of the | ||||||
21 | vehicle or if there is no trunk, in the vehicle's rear | ||||||
22 | compartment that is not readily accessible to the | ||||||
23 | passenger area; | ||||||
24 | (4) except for a manufacturer's original container, a | ||||||
25 | the sealed container filled and sealed at a
retail | ||||||
26 | licensee's location shall be affixed with a label or tag |
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1 | that contains the following information: | ||||||
2 | (A) the cocktail or mixed drink ingredients, type, | ||||||
3 | and name of the alcohol; | ||||||
4 | (B) the name, license number, and address of the | ||||||
5 | retail licensee that filled the original container and | ||||||
6 | sold the product; | ||||||
7 | (C) the volume of the cocktail , or mixed drink , or | ||||||
8 | single serving of wine in the sealed container; and | ||||||
9 | (D) the sealed container was filled less than 7 | ||||||
10 | days before the date of sale ; and . | ||||||
11 | (5) a manufacturer's original container shall be
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12 | affixed with a label or tag that contains the name,
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13 | license number, and address of the retail licensee that
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14 | sold the product. | ||||||
15 | (c) Third-party delivery services are not permitted to | ||||||
16 | deliver cocktails and mixed drinks under this Section. | ||||||
17 | (d) If there is an executive order of the Governor in | ||||||
18 | effect during a disaster, the employee delivering the mixed | ||||||
19 | drink , or cocktail , or single serving of wine must comply with | ||||||
20 | any requirements of that executive order, including, but not | ||||||
21 | limited to, wearing gloves and a mask and maintaining | ||||||
22 | distancing requirements when interacting with the public. | ||||||
23 | (e) Delivery or carry out of a cocktail , or mixed drink , or | ||||||
24 | single serving of wine is prohibited if: | ||||||
25 | (1) a third party delivers the cocktail or mixed | ||||||
26 | drink; |
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1 | (2) a container of a mixed drink , or cocktail , or | ||||||
2 | single serving of wine is not tamper-evident and sealed; | ||||||
3 | (3) a container of a mixed drink , or cocktail , or | ||||||
4 | single serving of wine is transported in the passenger | ||||||
5 | area of a vehicle; | ||||||
6 | (4) a mixed drink , or cocktail , or single serving of | ||||||
7 | wine is delivered by a person or to a person who is under | ||||||
8 | the age of 21; or | ||||||
9 | (5) the person delivering a mixed drink , or cocktail , | ||||||
10 | or single serving of wine fails to verify the age of the | ||||||
11 | person to whom the mixed drink or cocktail is being | ||||||
12 | delivered. | ||||||
13 | (f) Violations of this Section shall be subject to any | ||||||
14 | applicable penalties, including, but not limited to, the | ||||||
15 | penalties specified under Section 11-502 of the Illinois | ||||||
16 | Vehicle Code. | ||||||
17 | (f-5) This Section is not intended to prohibit or preempt | ||||||
18 | the ability of a brew pub, tap room, or distilling pub to | ||||||
19 | continue to temporarily deliver alcoholic liquor pursuant to | ||||||
20 | guidance issued by the State Commission on March 19, 2020 | ||||||
21 | entitled "Illinois Liquor Control Commission, COVID-19 Related | ||||||
22 | Actions, Guidance on Temporary Delivery of Alcoholic Liquor". | ||||||
23 | This Section shall only grant authorization to holders of | ||||||
24 | State of Illinois retail liquor licenses but not to licensees | ||||||
25 | that simultaneously hold any licensure or privilege to | ||||||
26 | manufacture alcoholic liquors within or outside of the State |
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1 | of Illinois. | ||||||
2 | (g) This Section is not a denial or limitation of home rule | ||||||
3 | powers and functions under Section 6 of Article VII of the | ||||||
4 | Illinois Constitution. | ||||||
5 | (h) This Section is repealed on January 3, 2024 one year | ||||||
6 | after the effective date of this amendatory Act of the 101st | ||||||
7 | General Assembly .
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8 | (Source: P.A. 101-631, eff. 6-2-20.) | ||||||
9 | (235 ILCS 5/6-37 new) | ||||||
10 | Sec. 6-37. Hospitality vaccination incentive; temporary. | ||||||
11 | (a) Notwithstanding any other provision of law, from June | ||||||
12 | 10, 2021 through July 10, 2021, a retail licensee may offer a | ||||||
13 | single drink of alcoholic liquor at no cost to a customer as | ||||||
14 | part of a publicly advertised promotion to encourage | ||||||
15 | participation in any COVID-19 vaccination program if the | ||||||
16 | customer provides proof of COVID-19 vaccination received at | ||||||
17 | any time. Drinks may be provided under this Section only from 6 | ||||||
18 | p.m. through 10 p.m. | ||||||
19 | This Section is subject to any rule or bulletin posted by | ||||||
20 | the State Commission. | ||||||
21 | (b) A retail licensee's participation in providing a | ||||||
22 | single drink of alcoholic liquor is voluntary and a retail | ||||||
23 | licensee may refuse to provide a single drink at no charge. The | ||||||
24 | retail licensee may determine or restrict which single drink | ||||||
25 | of alcoholic liquor it will provide at no cost but under no |
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1 | circumstances may a single drink of alcoholic liquor exceed | ||||||
2 | 1.5 ounces of distilled spirits, 5 ounces of wine, or 12 ounces | ||||||
3 | of beer. | ||||||
4 | (c) A local liquor control commissioner or local liquor | ||||||
5 | control commission may prohibit retail licensees within its | ||||||
6 | jurisdiction from providing a single drink of alcoholic liquor | ||||||
7 | at no charge by promulgating a rule or policy preempting this | ||||||
8 | Section. | ||||||
9 | (d) After receiving a single drink of alcoholic liquor at | ||||||
10 | no charge, no customer shall receive a subsequent drink from | ||||||
11 | the retail licensee providing the drink at no charge or from | ||||||
12 | another retail licensee on the same day or any subsequent day. | ||||||
13 | In addition to abiding by all other alcoholic liquor sales | ||||||
14 | laws, before providing a single drink at no charge, the retail | ||||||
15 | licensee shall develop procedures to verify the identity of | ||||||
16 | the vaccinated customer by comparing the vaccination card to a | ||||||
17 | form of valid federal or State identification. The retail | ||||||
18 | licensee shall develop procedures to ensure that a customer | ||||||
19 | does not obtain more than a single drink at no charge and the | ||||||
20 | retail licensee shall be subject to penalties imposed by the | ||||||
21 | State Commission if the retail licensee provides more than a | ||||||
22 | single drink to a particular customer at no charge. | ||||||
23 | (e) The State Commission may publish further guidelines on | ||||||
24 | the implementation of this Section not inconsistent with this | ||||||
25 | Section and shall post them on the State Commission's website. | ||||||
26 | (f) This Section is repealed on July 11, 2021.
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
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