Rep. Michael J. Zalewski
Filed: 5/12/2021
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1 | AMENDMENT TO SENATE BILL 104
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2 | AMENDMENT NO. ______. Amend Senate Bill 104 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 as follows:
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8 | (235 ILCS 5/6-5) (from Ch. 43, par. 122)
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9 | Sec. 6-5.
Except as otherwise provided in this Section, it | ||||||
10 | is unlawful
for any person having a retailer's license or
any | ||||||
11 | officer, associate, member, representative or agent of such | ||||||
12 | licensee
to accept, receive or borrow money, or anything else | ||||||
13 | of value, or accept
or receive credit (other than | ||||||
14 | merchandising credit in the ordinary
course of business for a | ||||||
15 | period not to exceed 30 days) directly or
indirectly from any |
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1 | manufacturer, importing distributor or distributor
of | ||||||
2 | alcoholic liquor, or from any person connected with or in any | ||||||
3 | way
representing, or from any member of the family of, such | ||||||
4 | manufacturer,
importing distributor, distributor or | ||||||
5 | wholesaler, or from any
stockholders in any corporation | ||||||
6 | engaged in manufacturing, distributing
or wholesaling of such | ||||||
7 | liquor, or from any officer, manager, agent or
representative | ||||||
8 | of said manufacturer. Except as provided below, it is
unlawful | ||||||
9 | for any manufacturer
or distributor or importing distributor | ||||||
10 | to give or lend money or
anything of value, or otherwise loan | ||||||
11 | or extend credit (except such
merchandising credit) directly | ||||||
12 | or indirectly to any retail licensee or
to the manager, | ||||||
13 | representative, agent, officer or director of such
licensee. A | ||||||
14 | manufacturer, distributor or importing distributor may furnish
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15 | free advertising, posters,
signs, brochures, hand-outs, or | ||||||
16 | other promotional devices or materials to
any unit of | ||||||
17 | government owning or operating any auditorium, exhibition | ||||||
18 | hall,
recreation facility or other similar facility holding a | ||||||
19 | retailer's license,
provided that the primary purpose of such | ||||||
20 | promotional devices or materials
is to promote public events | ||||||
21 | being held at such facility. A unit of government
owning or | ||||||
22 | operating such a facility holding a retailer's license may | ||||||
23 | accept
such promotional devices or materials designed | ||||||
24 | primarily to promote public
events held at the facility. No | ||||||
25 | retail licensee delinquent beyond the
30 day period specified | ||||||
26 | in this Section shall
solicit, accept or receive credit, |
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1 | purchase or acquire alcoholic
liquors, directly or indirectly | ||||||
2 | from any other licensee, and no
manufacturer, distributor or | ||||||
3 | importing distributor shall knowingly grant
or extend credit, | ||||||
4 | sell, furnish or supply alcoholic liquors to any such
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5 | delinquent retail licensee; provided that the purchase price | ||||||
6 | of all beer
sold to a retail licensee shall be paid by the | ||||||
7 | retail licensee in cash
on or before delivery of the beer, and | ||||||
8 | unless the purchase price payable
by a retail licensee for | ||||||
9 | beer sold to him in returnable bottles shall
expressly include | ||||||
10 | a charge for the bottles and cases, the retail
licensee shall, | ||||||
11 | on or before delivery of such beer, pay the seller in
cash a | ||||||
12 | deposit in an amount not less than the deposit required to be
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13 | paid by the distributor to the brewer; but where the brewer | ||||||
14 | sells direct
to the retailer, the deposit shall be an amount no | ||||||
15 | less than that
required by the brewer from his own | ||||||
16 | distributors; and provided further,
that in no instance shall | ||||||
17 | this deposit be less than 50 cents for each
case of beer in | ||||||
18 | pint or smaller bottles and 60 cents for each case of
beer in | ||||||
19 | quart or half-gallon bottles; and provided further, that the
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20 | purchase price of all beer sold to an importing distributor or
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21 | distributor shall be paid by such importing distributor or | ||||||
22 | distributor
in cash on or before the 15th day (Sundays and | ||||||
23 | holidays excepted) after
delivery of such beer to such | ||||||
24 | purchaser; and unless the purchase price
payable by such | ||||||
25 | importing distributor or distributor for beer sold in
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26 | returnable bottles and cases shall expressly include a charge |
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1 | for the
bottles and cases, such importing distributor or | ||||||
2 | distributor shall, on
or before the 15th day (Sundays and | ||||||
3 | holidays excepted) after delivery of
such beer to such | ||||||
4 | purchaser, pay the seller in cash a required amount as
a | ||||||
5 | deposit to assure the return of such bottles and cases. | ||||||
6 | Nothing herein
contained shall prohibit any licensee from | ||||||
7 | crediting or refunding to a
purchaser the actual amount of | ||||||
8 | money paid for bottles, cases, kegs or
barrels returned by the | ||||||
9 | purchaser to the seller or paid by the purchaser
as a deposit | ||||||
10 | on bottles, cases, kegs or barrels, when such containers or
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11 | packages are returned to the seller. Nothing herein contained | ||||||
12 | shall
prohibit any manufacturer, importing distributor or | ||||||
13 | distributor from
extending usual and customary credit for | ||||||
14 | alcoholic liquor sold to
customers or purchasers who live in | ||||||
15 | or maintain places of business
outside of this State when such | ||||||
16 | alcoholic liquor is actually transported
and delivered to such | ||||||
17 | points outside of this State.
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18 | A manufacturer, distributor, or importing distributor may | ||||||
19 | furnish free social media advertising to a retail licensee if | ||||||
20 | the social media advertisement does not contain the retail | ||||||
21 | price of any alcoholic liquor and the social media | ||||||
22 | advertisement complies with any applicable rules or | ||||||
23 | regulations issued by the Alcohol and Tobacco Tax and Trade | ||||||
24 | Bureau of the United States Department of the Treasury. A | ||||||
25 | manufacturer, distributor, or importing distributor may list | ||||||
26 | the names of one or more unaffiliated retailers in the |
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1 | advertisement of alcoholic liquor through social media. | ||||||
2 | Nothing in this Section shall prohibit a retailer from | ||||||
3 | communicating with a manufacturer, distributor, or importing | ||||||
4 | distributor on social media or sharing media on the social | ||||||
5 | media of a manufacturer, distributor, or importing | ||||||
6 | distributor. A retailer may request free social media | ||||||
7 | advertising from a manufacturer, distributor, or importing | ||||||
8 | distributor. Nothing in this Section shall prohibit a | ||||||
9 | manufacturer, distributor, or importing distributor from | ||||||
10 | sharing, reposting, or otherwise forwarding a social media | ||||||
11 | post by a retail licensee, so long as the sharing, reposting, | ||||||
12 | or forwarding of the social media post does not contain the | ||||||
13 | retail price of any alcoholic liquor. No manufacturer, | ||||||
14 | distributor, or importing distributor shall pay or reimburse a | ||||||
15 | retailer, directly or indirectly, for any social media | ||||||
16 | advertising services, except as specifically permitted in this | ||||||
17 | Act. No retailer shall accept any payment or reimbursement, | ||||||
18 | directly or indirectly, for any social media advertising | ||||||
19 | services offered by a manufacturer, distributor, or importing | ||||||
20 | distributor, except as specifically permitted in this Act. For | ||||||
21 | the purposes of this Section, "social media" means a service, | ||||||
22 | platform, or site where users communicate with one another and | ||||||
23 | share media, such as pictures, videos, music, and blogs, with | ||||||
24 | other users free of charge. | ||||||
25 | No right of action shall exist for the collection of any | ||||||
26 | claim based
upon credit extended to a distributor, importing |
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1 | distributor or retail
licensee contrary to the provisions of | ||||||
2 | this Section.
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3 | Every manufacturer, importing distributor and distributor | ||||||
4 | shall
submit or cause to be submitted, to the State | ||||||
5 | Commission, in triplicate,
not later than Thursday of each | ||||||
6 | calendar week, a verified written list
of the names and | ||||||
7 | respective addresses of each retail licensee purchasing
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8 | spirits or wine from such manufacturer, importing distributor | ||||||
9 | or
distributor who, on the first business day of that calendar | ||||||
10 | week, was
delinquent beyond the above mentioned permissible | ||||||
11 | merchandising credit
period of 30 days; or, if such is the | ||||||
12 | fact, a verified written statement
that no retail licensee | ||||||
13 | purchasing spirits or wine was then delinquent
beyond such | ||||||
14 | permissible merchandising credit period of 30 days.
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15 | Every manufacturer, importing distributor and distributor | ||||||
16 | shall
submit or cause to be submitted, to the State | ||||||
17 | Commission, in triplicate,
a verified written list of the | ||||||
18 | names and respective addresses of each
previously reported | ||||||
19 | delinquent retail licensee who has cured such
delinquency by | ||||||
20 | payment, which list shall be submitted not later than the
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21 | close of the second full business day following the day such | ||||||
22 | delinquency
was so cured.
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23 | Such written verified reports required to be submitted by | ||||||
24 | this
Section shall be posted by the State Commission in each of | ||||||
25 | its offices
in places available for public inspection not | ||||||
26 | later than the day
following receipt thereof by the |
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1 | Commission. The reports so posted shall
constitute notice to | ||||||
2 | every manufacturer, importing distributor and
distributor of | ||||||
3 | the information contained therein. Actual notice to
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4 | manufacturers, importing distributors and distributors of the
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5 | information contained in any such posted reports, however | ||||||
6 | received,
shall also constitute notice of such information.
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7 | The 30 day merchandising credit period allowed by this | ||||||
8 | Section shall
commence with the day immediately following the | ||||||
9 | date of invoice and
shall include all successive days | ||||||
10 | including Sundays and holidays to and
including the 30th | ||||||
11 | successive day.
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12 | In addition to other methods allowed by law, payment by | ||||||
13 | check or credit card during
the period for which merchandising | ||||||
14 | credit may be extended under the
provisions of this Section | ||||||
15 | shall be considered payment. All checks
received in payment | ||||||
16 | for alcoholic liquor shall be promptly deposited for
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17 | collection. A post dated check or a check dishonored on | ||||||
18 | presentation for
payment shall not be deemed payment.
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19 | A credit card payment in dispute by a retailer shall not be | ||||||
20 | deemed payment, and the debt uncured for merchandising credit | ||||||
21 | shall be reported as delinquent. Nothing in this Section shall | ||||||
22 | prevent a distributor, self-distributing manufacturer, or | ||||||
23 | importing distributor from assessing a usual and customary | ||||||
24 | transaction fee representative of the actual finance charges | ||||||
25 | incurred for processing a credit card payment. This | ||||||
26 | transaction fee shall be disclosed on the invoice. It shall be |
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1 | considered unlawful for a distributor, importing distributor, | ||||||
2 | or self-distributing manufacturer to waive finance charges for | ||||||
3 | retailers. | ||||||
4 | A retail licensee shall not be deemed to be delinquent in | ||||||
5 | payment for
any alleged sale to him of alcoholic liquor when | ||||||
6 | there exists a bona fide
dispute between such retailer and a | ||||||
7 | manufacturer, importing distributor
or distributor with | ||||||
8 | respect to the amount of indebtedness existing
because of such | ||||||
9 | alleged sale. A retail licensee shall not be deemed to be | ||||||
10 | delinquent under this provision and 11 Ill. Adm. Code 100.90 | ||||||
11 | until 30 days after the date on which the region in which the | ||||||
12 | retail licensee is located enters Phase 4 of the Governor's | ||||||
13 | Restore Illinois Plan as issued on May 5, 2020. | ||||||
14 | A delinquent retail licensee who engages in the retail | ||||||
15 | liquor
business at 2 or more locations shall be deemed to be | ||||||
16 | delinquent with
respect to each such location.
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17 | The license of any person who violates any provision of | ||||||
18 | this Section
shall be subject to suspension or revocation in | ||||||
19 | the manner provided by
this Act.
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20 | If any part or provision of this Article or the | ||||||
21 | application thereof
to any person or circumstances shall be | ||||||
22 | adjudged invalid by a court of
competent jurisdiction, such | ||||||
23 | judgment shall be confined by its operation
to the controversy | ||||||
24 | in which it was mentioned and shall not affect or
invalidate | ||||||
25 | the remainder of this Article or the application thereof to
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26 | any other person or circumstance and to this and the |
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1 | provisions of this
Article are declared severable.
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2 | (Source: P.A. 101-631, eff. 6-2-20.)
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3 | (235 ILCS 5/6-28.8) | ||||||
4 | (Section scheduled to be repealed on June 2, 2021) | ||||||
5 | Sec. 6-28.8. Delivery and carry out of mixed drinks | ||||||
6 | permitted. | ||||||
7 | (a) In this Section: | ||||||
8 | "Cocktail" or "mixed drink" means any beverage obtained by | ||||||
9 | combining ingredients alcoholic in nature, whether brewed, | ||||||
10 | fermented, or distilled, with ingredients non-alcoholic in | ||||||
11 | nature, such as fruit juice, lemonade, cream, or a carbonated | ||||||
12 | beverage. | ||||||
13 | "Original container" means, for the purposes of this | ||||||
14 | Section only, a container that is (i) filled, sealed, and | ||||||
15 | secured by a retail licensee's employee at the retail | ||||||
16 | licensee's location with a tamper-evident lid or cap or (ii)
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17 | filled and labeled by the manufacturer and secured by the
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18 | manufacturer's original unbroken seal . | ||||||
19 | "Sealed container" means a rigid container that contains a | ||||||
20 | mixed drink or a single serving of wine , is new, has never been | ||||||
21 | used, has a secured lid or cap designed to prevent consumption | ||||||
22 | without removal of the lid or cap, and is tamper-evident. | ||||||
23 | "Sealed container" includes a manufacturer's
original | ||||||
24 | container as defined in this subsection. "Sealed container" | ||||||
25 | does not include a container with a lid with sipping holes or |
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1 | openings for straws or a container made of plastic, paper, or | ||||||
2 | polystyrene foam. | ||||||
3 | "Tamper-evident" means a lid or cap that has been sealed | ||||||
4 | with tamper-evident covers, including, but not limited to, wax | ||||||
5 | dip or heat shrink wrap. | ||||||
6 | (b) A cocktail , or mixed drink , or single serving of wine | ||||||
7 | placed in a sealed container by a retail licensee at the retail | ||||||
8 | licensee's location may be transferred and sold for | ||||||
9 | off-premises consumption if the following requirements are | ||||||
10 | met: | ||||||
11 | (1) the cocktail , mixed drink, or single serving of
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12 | wine is transferred within the licensed premises, by a | ||||||
13 | curbside pickup, or by delivery by an employee of the | ||||||
14 | retail licensee who: | ||||||
15 | (A) has been trained in accordance with Section | ||||||
16 | 6-27.1 at the time of the sale; | ||||||
17 | (B) is at least 21 years of age; and | ||||||
18 | (C) upon delivery, verifies the age of the person | ||||||
19 | to whom the cocktail , mixed drink, or single serving | ||||||
20 | of wine is being delivered; | ||||||
21 | (2) if the employee delivering the cocktail , mixed | ||||||
22 | drink, or single serving of wine is not able to safely | ||||||
23 | verify
a person's age or level of intoxication upon | ||||||
24 | delivery, the employee shall cancel the sale of alcohol | ||||||
25 | and return the product to the retail license holder; | ||||||
26 | (3) the sealed container is placed in the trunk of the |
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1 | vehicle or if there is no trunk, in the vehicle's rear | ||||||
2 | compartment that is not readily accessible to the | ||||||
3 | passenger area; | ||||||
4 | (4) a the sealed container filled and sealed at a
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5 | retail licensee's location shall be affixed with a label | ||||||
6 | or tag that contains the following information: | ||||||
7 | (A) the cocktail or mixed drink ingredients, type, | ||||||
8 | and name of the alcohol; | ||||||
9 | (B) the name, license number, and address of the | ||||||
10 | retail licensee that filled the original container and | ||||||
11 | sold the product; | ||||||
12 | (C) the volume of the cocktail , or mixed drink , or | ||||||
13 | single serving of wine in the sealed container; and | ||||||
14 | (D) the sealed container was filled less than 7 | ||||||
15 | days before the date of sale ; and . | ||||||
16 | (5) a manufacturer's original container shall be
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17 | affixed with a label or tag that contains the name,
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18 | license number, and address of the retail licensee that
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19 | sold the product. | ||||||
20 | (c) Third-party delivery services are not permitted to | ||||||
21 | deliver cocktails and mixed drinks under this Section. | ||||||
22 | (d) If there is an executive order of the Governor in | ||||||
23 | effect during a disaster, the employee delivering the mixed | ||||||
24 | drink , or cocktail , or single serving of wine must comply with | ||||||
25 | any requirements of that executive order, including, but not | ||||||
26 | limited to, wearing gloves and a mask and maintaining |
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1 | distancing requirements when interacting with the public. | ||||||
2 | (e) Delivery or carry out of a cocktail , or mixed drink , or | ||||||
3 | single serving of wine is prohibited if: | ||||||
4 | (1) a third party delivers the cocktail or mixed | ||||||
5 | drink; | ||||||
6 | (2) a container of a mixed drink , or cocktail , or | ||||||
7 | single serving of wine is not tamper-evident and sealed; | ||||||
8 | (3) a container of a mixed drink , or cocktail , or | ||||||
9 | single serving of wine is transported in the passenger | ||||||
10 | area of a vehicle; | ||||||
11 | (4) a mixed drink , or cocktail , or single serving of | ||||||
12 | wine is delivered by a person or to a person who is under | ||||||
13 | the age of 21; or | ||||||
14 | (5) the person delivering a mixed drink , or cocktail , | ||||||
15 | or single serving of wine fails to verify the age of the | ||||||
16 | person to whom the mixed drink or cocktail is being | ||||||
17 | delivered. | ||||||
18 | (f) Violations of this Section shall be subject to any | ||||||
19 | applicable penalties, including, but not limited to, the | ||||||
20 | penalties specified under Section 11-502 of the Illinois | ||||||
21 | Vehicle Code. | ||||||
22 | (f-5) This Section is not intended to prohibit or preempt | ||||||
23 | the ability of a brew pub, tap room, or distilling pub to | ||||||
24 | continue to temporarily deliver alcoholic liquor pursuant to | ||||||
25 | guidance issued by the State Commission on March 19, 2020 | ||||||
26 | entitled "Illinois Liquor Control Commission, COVID-19 Related |
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1 | Actions, Guidance on Temporary Delivery of Alcoholic Liquor". | ||||||
2 | This Section shall only grant authorization to holders of | ||||||
3 | State of Illinois retail liquor licenses but not to licensees | ||||||
4 | that simultaneously hold any licensure or privilege to | ||||||
5 | manufacture alcoholic liquors within or outside of the State | ||||||
6 | of Illinois. | ||||||
7 | (g) This Section is not a denial or limitation of home rule | ||||||
8 | powers and functions under Section 6 of Article VII of the | ||||||
9 | Illinois Constitution. | ||||||
10 | (h) This Section is repealed on January 1, 2025 one year | ||||||
11 | after the effective date of this amendatory Act of the 101st | ||||||
12 | General Assembly .
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13 | (Source: P.A. 101-631, eff. 6-2-20.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
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