Illinois General Assembly - Full Text of SB0104
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Full Text of SB0104  102nd General Assembly

SB0104enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0104 EnrolledLRB102 15482 HLH 20845 b

1    AN ACT concerning hospitality.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the COVID-19
5Pandemic Hospitality Recovery Act.
 
6    Section 5. The Liquor Control Act of 1934 is amended by
7changing Sections 6-5 and 6-28.8 and by adding Section 6-37 as
8follows:
 
9    (235 ILCS 5/6-5)  (from Ch. 43, par. 122)
10    Sec. 6-5. Except as otherwise provided in this Section, it
11is unlawful for any person having a retailer's license or any
12officer, associate, member, representative or agent of such
13licensee to accept, receive or borrow money, or anything else
14of value, or accept or receive credit (other than
15merchandising credit in the ordinary course of business for a
16period not to exceed 30 days) directly or indirectly from any
17manufacturer, importing distributor or distributor of
18alcoholic liquor, or from any person connected with or in any
19way representing, or from any member of the family of, such
20manufacturer, importing distributor, distributor or
21wholesaler, or from any stockholders in any corporation
22engaged in manufacturing, distributing or wholesaling of such

 

 

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1liquor, or from any officer, manager, agent or representative
2of said manufacturer. Except as provided below, it is unlawful
3for any manufacturer or distributor or importing distributor
4to give or lend money or anything of value, or otherwise loan
5or extend credit (except such merchandising credit) directly
6or indirectly to any retail licensee or to the manager,
7representative, agent, officer or director of such licensee. A
8manufacturer, distributor or importing distributor may furnish
9free advertising, posters, signs, brochures, hand-outs, or
10other promotional devices or materials to any unit of
11government owning or operating any auditorium, exhibition
12hall, recreation facility or other similar facility holding a
13retailer's license, provided that the primary purpose of such
14promotional devices or materials is to promote public events
15being held at such facility. A unit of government owning or
16operating such a facility holding a retailer's license may
17accept such promotional devices or materials designed
18primarily to promote public events held at the facility. No
19retail licensee delinquent beyond the 30 day period specified
20in this Section shall solicit, accept or receive credit,
21purchase or acquire alcoholic liquors, directly or indirectly
22from any other licensee, and no manufacturer, distributor or
23importing distributor shall knowingly grant or extend credit,
24sell, furnish or supply alcoholic liquors to any such
25delinquent retail licensee; provided that the purchase price
26of all beer sold to a retail licensee shall be paid by the

 

 

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1retail licensee in cash on or before delivery of the beer, and
2unless the purchase price payable by a retail licensee for
3beer sold to him in returnable bottles shall expressly include
4a charge for the bottles and cases, the retail licensee shall,
5on or before delivery of such beer, pay the seller in cash a
6deposit in an amount not less than the deposit required to be
7paid by the distributor to the brewer; but where the brewer
8sells direct to the retailer, the deposit shall be an amount no
9less than that required by the brewer from his own
10distributors; and provided further, that in no instance shall
11this deposit be less than 50 cents for each case of beer in
12pint or smaller bottles and 60 cents for each case of beer in
13quart or half-gallon bottles; and provided further, that the
14purchase price of all beer sold to an importing distributor or
15distributor shall be paid by such importing distributor or
16distributor in cash on or before the 15th day (Sundays and
17holidays excepted) after delivery of such beer to such
18purchaser; and unless the purchase price payable by such
19importing distributor or distributor for beer sold in
20returnable bottles and cases shall expressly include a charge
21for the bottles and cases, such importing distributor or
22distributor shall, on or before the 15th day (Sundays and
23holidays excepted) after delivery of such beer to such
24purchaser, pay the seller in cash a required amount as a
25deposit to assure the return of such bottles and cases.
26Nothing herein contained shall prohibit any licensee from

 

 

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1crediting or refunding to a purchaser the actual amount of
2money paid for bottles, cases, kegs or barrels returned by the
3purchaser to the seller or paid by the purchaser as a deposit
4on bottles, cases, kegs or barrels, when such containers or
5packages are returned to the seller. Nothing herein contained
6shall prohibit any manufacturer, importing distributor or
7distributor from extending usual and customary credit for
8alcoholic liquor sold to customers or purchasers who live in
9or maintain places of business outside of this State when such
10alcoholic liquor is actually transported and delivered to such
11points outside of this State.
12    A manufacturer, distributor, or importing distributor may
13furnish free social media advertising to a retail licensee if
14the social media advertisement does not contain the retail
15price of any alcoholic liquor and the social media
16advertisement complies with any applicable rules or
17regulations issued by the Alcohol and Tobacco Tax and Trade
18Bureau of the United States Department of the Treasury. A
19manufacturer, distributor, or importing distributor may list
20the names of one or more unaffiliated retailers in the
21advertisement of alcoholic liquor through social media.
22Nothing in this Section shall prohibit a retailer from
23communicating with a manufacturer, distributor, or importing
24distributor on social media or sharing media on the social
25media of a manufacturer, distributor, or importing
26distributor. A retailer may request free social media

 

 

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1advertising from a manufacturer, distributor, or importing
2distributor. Nothing in this Section shall prohibit a
3manufacturer, distributor, or importing distributor from
4sharing, reposting, or otherwise forwarding a social media
5post by a retail licensee, so long as the sharing, reposting,
6or forwarding of the social media post does not contain the
7retail price of any alcoholic liquor. No manufacturer,
8distributor, or importing distributor shall pay or reimburse a
9retailer, directly or indirectly, for any social media
10advertising services, except as specifically permitted in this
11Act. No retailer shall accept any payment or reimbursement,
12directly or indirectly, for any social media advertising
13services offered by a manufacturer, distributor, or importing
14distributor, except as specifically permitted in this Act. For
15the purposes of this Section, "social media" means a service,
16platform, or site where users communicate with one another and
17share media, such as pictures, videos, music, and blogs, with
18other users free of charge.
19    No right of action shall exist for the collection of any
20claim based upon credit extended to a distributor, importing
21distributor or retail licensee contrary to the provisions of
22this Section.
23    Every manufacturer, importing distributor and distributor
24shall submit or cause to be submitted, to the State
25Commission, in triplicate, not later than Thursday of each
26calendar week, a verified written list of the names and

 

 

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1respective addresses of each retail licensee purchasing
2spirits or wine from such manufacturer, importing distributor
3or distributor who, on the first business day of that calendar
4week, was delinquent beyond the above mentioned permissible
5merchandising credit period of 30 days; or, if such is the
6fact, a verified written statement that no retail licensee
7purchasing spirits or wine was then delinquent beyond such
8permissible merchandising credit period of 30 days.
9    Every manufacturer, importing distributor and distributor
10shall submit or cause to be submitted, to the State
11Commission, in triplicate, a verified written list of the
12names and respective addresses of each previously reported
13delinquent retail licensee who has cured such delinquency by
14payment, which list shall be submitted not later than the
15close of the second full business day following the day such
16delinquency was so cured.
17    Such written verified reports required to be submitted by
18this Section shall be posted by the State Commission in each of
19its offices in places available for public inspection not
20later than the day following receipt thereof by the
21Commission. The reports so posted shall constitute notice to
22every manufacturer, importing distributor and distributor of
23the information contained therein. Actual notice to
24manufacturers, importing distributors and distributors of the
25information contained in any such posted reports, however
26received, shall also constitute notice of such information.

 

 

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1    The 30 day merchandising credit period allowed by this
2Section shall commence with the day immediately following the
3date of invoice and shall include all successive days
4including Sundays and holidays to and including the 30th
5successive day.
6    In addition to other methods allowed by law, payment by
7check or credit card during the period for which merchandising
8credit may be extended under the provisions of this Section
9shall be considered payment. All checks received in payment
10for alcoholic liquor shall be promptly deposited for
11collection. A post dated check or a check dishonored on
12presentation for payment shall not be deemed payment.
13    A credit card payment in dispute by a retailer shall not be
14deemed payment, and the debt uncured for merchandising credit
15shall be reported as delinquent. Nothing in this Section shall
16prevent a distributor, self-distributing manufacturer, or
17importing distributor from assessing a usual and customary
18transaction fee representative of the actual finance charges
19incurred for processing a credit card payment. This
20transaction fee shall be disclosed on the invoice. It shall be
21considered unlawful for a distributor, importing distributor,
22or self-distributing manufacturer to waive finance charges for
23retailers.
24    A retail licensee shall not be deemed to be delinquent in
25payment for any alleged sale to him of alcoholic liquor when
26there exists a bona fide dispute between such retailer and a

 

 

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1manufacturer, importing distributor or distributor with
2respect to the amount of indebtedness existing because of such
3alleged sale. A retail licensee shall not be deemed to be
4delinquent under this provision and 11 Ill. Adm. Code 100.90
5until 30 days after the date on which the region in which the
6retail licensee is located enters Phase 4 of the Governor's
7Restore Illinois Plan as issued on May 5, 2020.
8    A delinquent retail licensee who engages in the retail
9liquor business at 2 or more locations shall be deemed to be
10delinquent with respect to each such location.
11    The license of any person who violates any provision of
12this Section shall be subject to suspension or revocation in
13the manner provided by this Act.
14    If any part or provision of this Article or the
15application thereof to any person or circumstances shall be
16adjudged invalid by a court of competent jurisdiction, such
17judgment shall be confined by its operation to the controversy
18in which it was mentioned and shall not affect or invalidate
19the remainder of this Article or the application thereof to
20any other person or circumstance and to this and the
21provisions of this Article are declared severable.
22(Source: P.A. 101-631, eff. 6-2-20.)
 
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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1permitted.
2    (a) In this Section:
3    "Cocktail" or "mixed drink" means any beverage obtained by
4combining ingredients alcoholic in nature, whether brewed,
5fermented, or distilled, with ingredients non-alcoholic in
6nature, such as fruit juice, lemonade, cream, or a carbonated
7beverage.
8    "Original container" means, for the purposes of this
9Section only, a container that is (i) filled, sealed, and
10secured by a retail licensee's employee at the retail
11licensee's location with a tamper-evident lid or cap or (ii)
12filled and labeled by the manufacturer and secured by the
13manufacturer's original unbroken seal.
14    "Sealed container" means a rigid container that contains a
15mixed drink or a single serving of wine, is new, has never been
16used, has a secured lid or cap designed to prevent consumption
17without removal of the lid or cap, and is tamper-evident.
18"Sealed container" includes a manufacturer's original
19container as defined in this subsection. "Sealed container"
20does not include a container with a lid with sipping holes or
21openings for straws or a container made of plastic, paper, or
22polystyrene foam.
23    "Tamper-evident" means a lid or cap that has been sealed
24with tamper-evident covers, including, but not limited to, wax
25dip or heat shrink wrap.
26    (b) A cocktail, or mixed drink, or single serving of wine

 

 

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1placed in a sealed container by a retail licensee at the retail
2licensee's location or a manufacturer's original container may
3be transferred and sold for off-premises consumption if the
4following requirements are met:
5        (1) the cocktail, mixed drink, or single serving of
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
12    affixed with a label or tag that contains the name,
13    license number, and address of the retail licensee that
14    sold the product.
15    (c) Third-party delivery services are not permitted to
16deliver cocktails and mixed drinks under this Section.
17    (d) If there is an executive order of the Governor in
18effect during a disaster, the employee delivering the mixed
19drink, or cocktail, or single serving of wine must comply with
20any requirements of that executive order, including, but not
21limited to, wearing gloves and a mask and maintaining
22distancing requirements when interacting with the public.
23    (e) Delivery or carry out of a cocktail, or mixed drink, or
24single 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
14applicable penalties, including, but not limited to, the
15penalties specified under Section 11-502 of the Illinois
16Vehicle Code.
17    (f-5) This Section is not intended to prohibit or preempt
18the ability of a brew pub, tap room, or distilling pub to
19continue to temporarily deliver alcoholic liquor pursuant to
20guidance issued by the State Commission on March 19, 2020
21entitled "Illinois Liquor Control Commission, COVID-19 Related
22Actions, Guidance on Temporary Delivery of Alcoholic Liquor".
23This Section shall only grant authorization to holders of
24State of Illinois retail liquor licenses but not to licensees
25that simultaneously hold any licensure or privilege to
26manufacture alcoholic liquors within or outside of the State

 

 

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1of Illinois.
2    (g) This Section is not a denial or limitation of home rule
3powers and functions under Section 6 of Article VII of the
4Illinois Constitution.
5    (h) This Section is repealed on January 3, 2024 one year
6after the effective date of this amendatory Act of the 101st
7General Assembly.
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
1210, 2021 through July 10, 2021, a retail licensee may offer a
13single drink of alcoholic liquor at no cost to a customer as
14part of a publicly advertised promotion to encourage
15participation in any COVID-19 vaccination program if the
16customer provides proof of COVID-19 vaccination received at
17any time. Drinks may be provided under this Section only from 6
18p.m. through 10 p.m.
19    This Section is subject to any rule or bulletin posted by
20the State Commission.
21    (b) A retail licensee's participation in providing a
22single drink of alcoholic liquor is voluntary and a retail
23licensee may refuse to provide a single drink at no charge. The
24retail licensee may determine or restrict which single drink
25of alcoholic liquor it will provide at no cost but under no

 

 

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1circumstances may a single drink of alcoholic liquor exceed
21.5 ounces of distilled spirits, 5 ounces of wine, or 12 ounces
3of beer.
4    (c) A local liquor control commissioner or local liquor
5control commission may prohibit retail licensees within its
6jurisdiction from providing a single drink of alcoholic liquor
7at no charge by promulgating a rule or policy preempting this
8Section.
9    (d) After receiving a single drink of alcoholic liquor at
10no charge, no customer shall receive a subsequent drink from
11the retail licensee providing the drink at no charge or from
12another retail licensee on the same day or any subsequent day.
13In addition to abiding by all other alcoholic liquor sales
14laws, before providing a single drink at no charge, the retail
15licensee shall develop procedures to verify the identity of
16the vaccinated customer by comparing the vaccination card to a
17form of valid federal or State identification. The retail
18licensee shall develop procedures to ensure that a customer
19does not obtain more than a single drink at no charge and the
20retail licensee shall be subject to penalties imposed by the
21State Commission if the retail licensee provides more than a
22single drink to a particular customer at no charge.
23    (e) The State Commission may publish further guidelines on
24the implementation of this Section not inconsistent with this
25Section 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
2becoming law.