97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3398

 

Introduced 2/7/2012, by Sen. Antonio Muņoz

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/6-28  from Ch. 43, par. 144d

    Amends the Liquor Control Act of 1934. In language concerning the prohibition against happy hours, provides that a licensee is not prohibited from selling pitchers or other types of vessels containing no more than 150 ounces of beer (previously, no designation of the number of ounces). Effective immediately.


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A BILL FOR

 

SB3398LRB097 18866 AJO 65525 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 Section 6-28 as follows:
 
6    (235 ILCS 5/6-28)  (from Ch. 43, par. 144d)
7    Sec. 6-28. Happy hours prohibited.
8    (a) All retail licensees shall maintain a schedule of the
9prices charged for all drinks of alcoholic liquor to be served
10and consumed on the licensed premises or in any room or part
11thereof. Whenever a hotel or multi-use establishment which
12holds a valid retailer's license operates on its premises more
13than one establishment at which drinks of alcoholic liquor are
14sold at retail, the hotel or multi-use establishment shall
15maintain at each such establishment a separate schedule of the
16prices charged for such drinks at that establishment.
17    (b) No retail licensee or employee or agent of such
18licensee shall:
19        (1) serve 2 or more drinks of alcoholic liquor at one
20    time to one person for consumption by that one person,
21    except conducting product sampling pursuant to Section
22    6-31 or selling or delivering wine by the bottle or carafe;
23        (2) sell, offer to sell or serve to any person an

 

 

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1    unlimited number of drinks of alcoholic liquor during any
2    set period of time for a fixed price, except at private
3    functions not open to the general public;
4        (3) sell, offer to sell or serve any drink of alcoholic
5    liquor to any person on any one date at a reduced price
6    other than that charged other purchasers of drinks on that
7    day where such reduced price is a promotion to encourage
8    consumption of alcoholic liquor, except as authorized in
9    paragraph (7) of subsection (c);
10        (4) increase the volume of alcoholic liquor contained
11    in a drink, or the size of a drink of alcoholic liquor,
12    without increasing proportionately the price regularly
13    charged for the drink on that day;
14        (5) encourage or permit, on the licensed premises, any
15    game or contest which involves drinking alcoholic liquor or
16    the awarding of drinks of alcoholic liquor as prizes for
17    such game or contest on the licensed premises; or
18        (6) advertise or promote in any way, whether on or off
19    the licensed premises, any of the practices prohibited
20    under paragraphs (1) through (5).
21    (c) Nothing in subsection (b) shall be construed to
22prohibit a licensee from:
23        (1) offering free food or entertainment at any time;
24        (2) including drinks of alcoholic liquor as part of a
25    meal package;
26        (3) including drinks of alcoholic liquor as part of a

 

 

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1    hotel package;
2        (4) negotiating drinks of alcoholic liquor as part of a
3    contract between a hotel or multi-use establishment and
4    another group for the holding of any function, meeting,
5    convention or trade show;
6        (5) providing room service to persons renting rooms at
7    a hotel;
8        (6) selling pitchers or other type of vessels
9    containing no more than 150 ounces of beer (or the
10    equivalent, including, but not limited to, buckets), or
11    carafes, or bottles of alcoholic liquor which are
12    customarily sold in such manner, or selling bottles of
13    spirits, and delivered to 2 or more persons at one time; or
14        (7) increasing prices of drinks of alcoholic liquor in
15    lieu of, in whole or in part, a cover charge to offset the
16    cost of special entertainment not regularly scheduled.
17    (d) A violation of this Act shall be grounds for suspension
18or revocation of the retailer's license as provided by this
19Act.
20(Source: P.A. 94-1112, eff. 2-27-07.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.