Illinois General Assembly - Full Text of SB0203
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Full Text of SB0203  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/17/2021, by Sen. Neil Anderson


235 ILCS 5/6-28.8

    Amends the Liquor Control Act of 1934. Removes language repealing the provision concerning delivery and carry out of mixed drinks on June 2, 2021. Effective immediately.

LRB102 15497 RPS 20860 b





SB0203LRB102 15497 RPS 20860 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 6-28.8 as follows:
6    (235 ILCS 5/6-28.8)
7    (Section scheduled to be repealed on June 2, 2021)
8    Sec. 6-28.8. Delivery and carry out of mixed drinks
10    (a) In this Section:
11    "Cocktail" or "mixed drink" means any beverage obtained by
12combining ingredients alcoholic in nature, whether brewed,
13fermented, or distilled, with ingredients non-alcoholic in
14nature, such as fruit juice, lemonade, cream, or a carbonated
16    "Original container" means, for the purposes of this
17Section only, a container that is filled, sealed, and secured
18by a retail licensee's employee at the retail licensee's
19location with a tamper-evident lid or cap.
20    "Sealed container" means a rigid container that contains a
21mixed drink, is new, has never been used, has a secured lid or
22cap designed to prevent consumption without removal of the lid
23or cap, and is tamper-evident. "Sealed container" does not



SB0203- 2 -LRB102 15497 RPS 20860 b

1include a container with a lid with sipping holes or openings
2for straws or a container made of plastic, paper, or
3polystyrene foam.
4    "Tamper-evident" means a lid or cap that has been sealed
5with tamper-evident covers, including, but not limited to, wax
6dip or heat shrink wrap.
7    (b) A cocktail or mixed drink placed in a sealed container
8by a retail licensee at the retail licensee's location may be
9transferred and sold for off-premises consumption if the
10following requirements are met:
11        (1) the cocktail is transferred within the licensed
12    premises, by a curbside pickup, or by delivery by an
13    employee of the retail licensee who:
14            (A) has been trained in accordance with Section
15        6-27.1 at the time of the sale;
16            (B) is at least 21 years of age; and
17            (C) upon delivery, verifies the age of the person
18        to whom the cocktail is being delivered;
19        (2) if the employee delivering the cocktail is not
20    able to safely verify a person's age or level of
21    intoxication upon delivery, the employee shall cancel the
22    sale of alcohol and return the product to the retail
23    license holder;
24        (3) the sealed container is placed in the trunk of the
25    vehicle or if there is no trunk, in the vehicle's rear
26    compartment that is not readily accessible to the



SB0203- 3 -LRB102 15497 RPS 20860 b

1    passenger area;
2        (4) the sealed container shall be affixed with a label
3    or tag that contains the following information:
4            (A) the cocktail or mixed drink ingredients, type,
5        and name of the alcohol;
6            (B) the name, license number, and address of the
7        retail licensee that filled the original container and
8        sold the product;
9            (C) the volume of the cocktail or mixed drink in
10        the sealed container; and
11            (D) the sealed container was filled less than 7
12        days before the date of sale.
13    (c) Third-party delivery services are not permitted to
14deliver cocktails and mixed drinks under this Section.
15    (d) If there is an executive order of the Governor in
16effect during a disaster, the employee delivering the mixed
17drink or cocktail must comply with any requirements of that
18executive order, including, but not limited to, wearing gloves
19and a mask and maintaining distancing requirements when
20interacting with the public.
21    (e) Delivery or carry out of a cocktail or mixed drink is
22prohibited if:
23        (1) a third party delivers the cocktail or mixed
24    drink;
25        (2) a container of a mixed drink or cocktail is not
26    tamper-evident and sealed;



SB0203- 4 -LRB102 15497 RPS 20860 b

1        (3) a container of a mixed drink or cocktail is
2    transported in the passenger area of a vehicle;
3        (4) a mixed drink or cocktail is delivered by a person
4    or to a person who is under the age of 21; or
5        (5) the person delivering a mixed drink or cocktail
6    fails to verify the age of the person to whom the mixed
7    drink or cocktail is being delivered.
8    (f) Violations of this Section shall be subject to any
9applicable penalties, including, but not limited to, the
10penalties specified under Section 11-502 of the Illinois
11Vehicle Code.
12    (f-5) This Section is not intended to prohibit or preempt
13the ability of a brew pub, tap room, or distilling pub to
14continue to temporarily deliver alcoholic liquor pursuant to
15guidance issued by the State Commission on March 19, 2020
16entitled "Illinois Liquor Control Commission, COVID-19 Related
17Actions, Guidance on Temporary Delivery of Alcoholic Liquor".
18This Section shall only grant authorization to holders of
19State of Illinois retail liquor licenses but not to licensees
20that simultaneously hold any licensure or privilege to
21manufacture alcoholic liquors within or outside of the State
22of Illinois.
23    (g) This Section is not a denial or limitation of home rule
24powers and functions under Section 6 of Article VII of the
25Illinois Constitution.
26    (h) (Blank). This Section is repealed one year after the



SB0203- 5 -LRB102 15497 RPS 20860 b

1effective date of this amendatory Act of the 101st General
3(Source: P.A. 101-631, eff. 6-2-20.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.