Full Text of SB3398 97th General Assembly
SB3398 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3398 Introduced 2/7/2012, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED: |
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235 ILCS 5/6-28 | from Ch. 43, par. 144d |
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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 |
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| | | SB3398 | | LRB097 18866 AJO 65525 b |
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| 1 | | AN ACT concerning liquor.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing 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 | 9 | | prices charged for all drinks of alcoholic
liquor to be served | 10 | | and consumed on the licensed premises or in any room or
part | 11 | | thereof. Whenever a hotel or multi-use establishment which | 12 | | holds a
valid retailer's license operates on its premises more | 13 | | than one
establishment at which drinks of alcoholic liquor are | 14 | | sold at retail, the
hotel or multi-use establishment shall | 15 | | maintain at each such establishment
a separate schedule of the | 16 | | prices charged for such drinks at that
establishment.
| 17 | | (b) No retail licensee or employee or agent of such | 18 | | licensee 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 | 22 | | prohibit 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 | 18 | | or
revocation of the retailer's license as provided by
this | 19 | | Act.
| 20 | | (Source: P.A. 94-1112, eff. 2-27-07.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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