Illinois General Assembly - Full Text of SB0043
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Full Text of SB0043  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 1/20/2023, by Sen. Sara Feigenholtz


235 ILCS 5/6-28.8

    Amends the Liquor Control Act of 1934. Removes language repealing a provision concerning delivery and carry out of mixed drinks on January 3, 2024.

LRB103 04927 RPS 49937 b





SB0043LRB103 04927 RPS 49937 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7    (Section scheduled to be repealed on January 3, 2024)
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 (i) filled, sealed, and
18secured by a retail licensee's employee at the retail
19licensee's location with a tamper-evident lid or cap or (ii)
20filled and labeled by the manufacturer and secured by the
21manufacturer's original unbroken seal.
22    "Sealed container" means a rigid container that contains a
23mixed drink or a single serving of wine, is new, has never been



SB0043- 2 -LRB103 04927 RPS 49937 b

1used, has a secured lid or cap designed to prevent consumption
2without removal of the lid or cap, and is tamper-evident.
3"Sealed container" includes a manufacturer's original
4container as defined in this subsection. "Sealed container"
5does not include a container with a lid with sipping holes or
6openings for straws or a container made of plastic, paper, or
7polystyrene foam.
8    "Tamper-evident" means a lid or cap that has been sealed
9with tamper-evident covers, including, but not limited to, wax
10dip or heat shrink wrap.
11    (b) A cocktail, mixed drink, or single serving of wine
12placed in a sealed container by a retail licensee at the retail
13licensee's location or a manufacturer's original container may
14be transferred and sold for off-premises consumption if the
15following requirements are met:
16        (1) the cocktail, mixed drink, or single serving of
17    wine is transferred within the licensed premises, by a
18    curbside pickup, or by delivery by an employee of the
19    retail licensee who:
20            (A) has been trained in accordance with Section
21        6-27.1 at the time of the sale;
22            (B) is at least 21 years of age; and
23            (C) upon delivery, verifies the age of the person
24        to whom the cocktail, mixed drink, or single serving
25        of wine is being delivered;
26        (2) if the employee delivering the cocktail, mixed



SB0043- 3 -LRB103 04927 RPS 49937 b

1    drink, or single serving of wine is not able to safely
2    verify a person's age or level of intoxication upon
3    delivery, the employee shall cancel the sale of alcohol
4    and return the product to the retail license holder;
5        (3) the sealed container is placed in the trunk of the
6    vehicle or if there is no trunk, in the vehicle's rear
7    compartment that is not readily accessible to the
8    passenger area;
9        (4) except for a manufacturer's original container, a
10    container filled and sealed at a retail licensee's
11    location shall be affixed with a label or tag that
12    contains the following information:
13            (A) the cocktail or mixed drink ingredients, type,
14        and name of the alcohol;
15            (B) the name, license number, and address of the
16        retail licensee that filled the original container and
17        sold the product;
18            (C) the volume of the cocktail, mixed drink, or
19        single serving of wine in the sealed container; and
20            (D) the sealed container was filled less than 7
21        days before the date of sale; and
22        (5) a manufacturer's original container shall be
23    affixed with a label or tag that contains the name,
24    license number, and address of the retail licensee that
25    sold the product.
26    (c) Third-party delivery services are not permitted to



SB0043- 4 -LRB103 04927 RPS 49937 b

1deliver cocktails and mixed drinks under this Section.
2    (d) If there is an executive order of the Governor in
3effect during a disaster, the employee delivering the mixed
4drink, cocktail, or single serving of wine must comply with
5any requirements of that executive order, including, but not
6limited to, wearing gloves and a mask and maintaining
7distancing requirements when interacting with the public.
8    (e) Delivery or carry out of a cocktail, mixed drink, or
9single serving of wine is prohibited if:
10        (1) a third party delivers the cocktail or mixed
11    drink;
12        (2) a container of a mixed drink, cocktail, or single
13    serving of wine is not tamper-evident and sealed;
14        (3) a container of a mixed drink, cocktail, or single
15    serving of wine is transported in the passenger area of a
16    vehicle;
17        (4) a mixed drink, cocktail, or single serving of wine
18    is delivered by a person or to a person who is under the
19    age of 21; or
20        (5) the person delivering a mixed drink, cocktail, or
21    single serving of wine fails to verify the age of the
22    person to whom the mixed drink or cocktail is being
23    delivered.
24    (f) Violations of this Section shall be subject to any
25applicable penalties, including, but not limited to, the
26penalties specified under Section 11-502 of the Illinois



SB0043- 5 -LRB103 04927 RPS 49937 b

1Vehicle Code.
2    (f-5) This Section is not intended to prohibit or preempt
3the ability of a brew pub, tap room, or distilling pub to
4continue to temporarily deliver alcoholic liquor pursuant to
5guidance issued by the State Commission on March 19, 2020
6entitled "Illinois Liquor Control Commission, COVID-19 Related
7Actions, Guidance on Temporary Delivery of Alcoholic Liquor".
8This Section shall only grant authorization to holders of
9State of Illinois retail liquor licenses but not to licensees
10that simultaneously hold any licensure or privilege to
11manufacture alcoholic liquors within or outside of the State
12of Illinois.
13    (g) This Section is not a denial or limitation of home rule
14powers and functions under Section 6 of Article VII of the
15Illinois Constitution.
16    (h) This Section is repealed on January 3, 2024.
17(Source: P.A. 101-631, eff. 6-2-20; 102-8, eff. 6-2-21.)