Illinois General Assembly - Full Text of HB0547
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Full Text of HB0547  102nd General Assembly

HB0547 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0547

 

Introduced 2/8/2021, by Rep. Tim Butler

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/6-28  from Ch. 43, par. 144d
235 ILCS 5/6-28.5

    Amends the Liquor Control Act of 1934. Provides that if a person purchases a mug, cup, or other glassware from a retail licensee, then that retail licensee may offer a discount to fill or refill that mug, cup, or other glassware. Makes a conforming change.


LRB102 12030 RPS 17366 b

 

 

A BILL FOR

 

HB0547LRB102 12030 RPS 17366 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 6-28 and 6-28.5 as follows:
 
6    (235 ILCS 5/6-28)  (from Ch. 43, par. 144d)
7    Sec. 6-28. Prohibited happy hours.
8    (a) (Blank).
9    (b) No retail licensee or employee or agent of such
10licensee shall:
11        (1) sell more than one drink of alcoholic liquor for
12    the price of one drink of alcoholic liquor;
13        (2) sell, offer to sell or serve to any person an
14    unlimited number of drinks of alcoholic liquor during any
15    set period of time for a fixed price, except at private
16    functions not open to the general public or as provided in
17    Section 6-28.5 of this Act;
18        (3) (blank);
19        (4) except as provided in subsection (b-5) of Section
20    6-28.5, increase the volume of alcoholic liquor contained
21    in a drink, or the size of a drink of alcoholic liquor,
22    without increasing proportionately the price regularly
23    charged for the drink on that day;

 

 

HB0547- 2 -LRB102 12030 RPS 17366 b

1        (5) encourage or permit, on the licensed premises, any
2    game or contest which involves drinking alcoholic liquor
3    or the awarding of drinks of alcoholic liquor as prizes
4    for such game or contest on the licensed premises; or
5        (6) advertise or promote in any way, whether on or off
6    the licensed premises, any of the practices prohibited
7    under paragraphs (1) through (5).
8    (c) (Blank).
9    (d) 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(Source: P.A. 98-571, eff. 8-27-13; 99-46, eff. 7-15-15.)
 
15    (235 ILCS 5/6-28.5)
16    Sec. 6-28.5. Permitted happy hours and meal packages,
17party packages, and entertainment packages.
18    (a) As used in this Section:
19    "Dedicated event space" means a room or rooms or other
20clearly delineated space within a retail licensee's premises
21that is reserved for the exclusive use of party package
22invitees during the entirety of a party package. Furniture,
23stanchions and ropes, or other room dividers may be used to
24clearly delineate a dedicated event space.
25    "Meal package" means a food and beverage package, which

 

 

HB0547- 3 -LRB102 12030 RPS 17366 b

1may or may not include entertainment, where the service of
2alcoholic liquor is an accompaniment to the food, including,
3but not limited to, a meal, tour, tasting, or any combination
4thereof for a fixed price by a retail licensee or any other
5licensee operating within a sports facility, restaurant,
6winery, brewery, or distillery.
7    "Party package" means a private party, function, or event
8for a specific social or business occasion, either arranged by
9invitation or reservation for a defined number of individuals,
10that is not open to the general public and where attendees are
11served both food and alcohol for a fixed price in a dedicated
12event space.
13    (b) A retail licensee may:
14        (1) offer free food or entertainment at any time;
15        (2) include drinks of alcoholic liquor as part of a
16    meal package;
17        (3) sell or offer for sale a party package only if the
18    retail licensee:
19            (A) offers food in the dedicated event space;
20            (B) limits the party package to no more than 3
21        hours;
22            (C) distributes wristbands, lanyards, shirts, or
23        any other such wearable items to identify party
24        package attendees so the attendees may be granted
25        access to the dedicated event space; and
26            (D) excludes individuals not participating in the

 

 

HB0547- 4 -LRB102 12030 RPS 17366 b

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

 

 

HB0547- 5 -LRB102 12030 RPS 17366 b

1        not changed during the time that it is discounted;
2            (B) the period of time during which any drink of
3        alcoholic liquor is discounted does not exceed 4 hours
4        per day and 15 hours per week; however, this period of
5        time is not required to be consecutive and may be
6        divided by the licensee in any manner;
7            (C) the drink of alcoholic liquor is not
8        discounted between the hours of 10:00 p.m. and the
9        licensed premises' closing hour; and
10            (D) notice of the discount of the drink of
11        alcoholic liquor during a specified time is posted on
12        the licensed premises or on the licensee's publicly
13        available website at least 7 days prior to the
14        specified time.
15    (b-5) If a person purchases a mug, cup, or other glassware
16from a retail licensee, then that retail licensee may offer a
17discount to fill or refill that mug, cup, or other glassware.
18    (c) A violation of this Section shall be grounds for
19suspension or revocation of the retailer's license as provided
20by this Act. The State Commission may not enforce any trade
21practice policy or other rule that was not adopted in
22accordance with the Illinois Administrative Procedure Act.
23    (d) All licensees affected by this Section must also
24comply with Sections 6-16, 6-21, and 6-27.1 of this Act.
25(Source: P.A. 99-46, eff. 7-15-15; 100-201, eff. 8-18-17.)