Full Text of SB0636 98th General Assembly
SB0636ham003 98TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 5/23/2014
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| 1 | | AMENDMENT TO SENATE BILL 636
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 636, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Liquor Control Act of 1934 is amended by | 6 | | changing Section 6-28 as follows:
| 7 | | (235 ILCS 5/6-28) (from Ch. 43, par. 144d)
| 8 | | Sec. 6-28. Happy hours prohibited. | 9 | | (a) All retail licensees shall
maintain a schedule of the | 10 | | prices charged for all drinks of alcoholic
liquor to be served | 11 | | and consumed on the licensed premises or in any room or
part | 12 | | thereof. Whenever a hotel or multi-use establishment which | 13 | | holds a
valid retailer's license operates on its premises more | 14 | | than one
establishment at which drinks of alcoholic liquor are | 15 | | sold at retail, the
hotel or multi-use establishment shall | 16 | | maintain at each such establishment
a separate schedule of the |
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| 1 | | prices charged for such drinks at that
establishment.
| 2 | | (b) No retail licensee or employee or agent of such | 3 | | licensee shall:
| 4 | | (1) serve 2 or more drinks of alcoholic liquor at one | 5 | | time to one person
for consumption by that one person, | 6 | | except conducting product sampling
pursuant to Section | 7 | | 6-31 or selling or delivering wine by the bottle or
carafe;
| 8 | | (2) sell, offer to sell or serve to any person an | 9 | | unlimited number of
drinks of alcoholic liquor during any | 10 | | set period of time for a fixed price,
except at private | 11 | | functions not open to the general public and except as | 12 | | authorized in paragraphs (2) and (2.5) of subsection (c) of | 13 | | this Section ;
| 14 | | (3) sell, offer to sell or serve any drink of alcoholic | 15 | | liquor to any
person on any one date at a reduced price | 16 | | other than that charged other
purchasers of drinks on that | 17 | | day where such reduced price is a promotion to
encourage | 18 | | consumption of alcoholic liquor, except as authorized in
| 19 | | paragraph (7) of subsection (c);
| 20 | | (4) 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;
| 24 | | (5) encourage or permit, on the licensed premises, any | 25 | | game or contest
which involves drinking alcoholic liquor or | 26 | | the
awarding of drinks of alcoholic liquor as prizes for |
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| 1 | | such game or contest
on the licensed premises; or
| 2 | | (6) advertise or promote in any way, whether on or off | 3 | | the licensed
premises, any of the practices prohibited | 4 | | under paragraphs (1) through (5).
| 5 | | (c) Nothing in subsection (b) shall be construed to | 6 | | prohibit a
licensee from:
| 7 | | (1) offering free food or entertainment at any time;
| 8 | | (2) including drinks of alcoholic liquor as part of a | 9 | | fixed-price meal package if: (A) the meal package includes | 10 | | substantial prepared food; (B) the licensee restricts the | 11 | | service of the meal package to not less than 2 hours and | 12 | | not more than 5 hours; (C) the licensee is separately | 13 | | licensed for the on premise sale and consumption of | 14 | | alcoholic liquor; and (D) the licensee's employees or | 15 | | agents serve alcoholic liquor provided as part of the meal | 16 | | package only in single servings to individual patrons in | 17 | | the manner such alcoholic liquor is customarily sold for on | 18 | | premise consumption. For the purposes of this paragraph | 19 | | (2), snacks, hors d'oeuvres, or appetizers alone do not | 20 | | constitute substantial prepared food ;
| 21 | | (2.5) including drinks of alcoholic liquor as part of a | 22 | | fixed-price culinary entertainment package if: (A) the | 23 | | entertainment is of a culinary nature, including, but not | 24 | | limited to, a meal, tour, tasting, or any combination | 25 | | thereof at a restaurant, winery, brewery, or distillery; | 26 | | (B) the culinary entertainment package requires a ticket |
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| 1 | | for admission to the event; (C) tickets must be purchased | 2 | | no later than 24 hours before the event; (D) the licensee | 3 | | is separately licensed for the on premise sale and | 4 | | consumption of alcoholic liquor; and (E) the licensee's | 5 | | employees or agents serve alcoholic liquor provided as part | 6 | | of the culinary entertainment package only in single | 7 | | servings to individual patrons in the manner such alcoholic | 8 | | liquor is customarily sold for on premise consumption;
| 9 | | (3) including drinks of alcoholic liquor as part of a | 10 | | hotel package;
| 11 | | (4) negotiating drinks of alcoholic liquor as part of a | 12 | | contract between
a hotel or multi-use establishment and | 13 | | another group for the holding of any
function, meeting, | 14 | | convention or trade show;
| 15 | | (5) providing room service to persons renting rooms at | 16 | | a hotel;
| 17 | | (6) selling pitchers (or the equivalent, including but | 18 | | not limited to
buckets), carafes, or bottles of alcoholic | 19 | | liquor which are
customarily sold in such manner, or | 20 | | selling bottles of spirits, and delivered to 2 or more | 21 | | persons at one time;
| 22 | | (7) increasing prices of drinks of alcoholic liquor in | 23 | | lieu of, in whole
or in part, a cover charge to offset the | 24 | | cost of special entertainment not
regularly scheduled; or
| 25 | | (8) including drinks of alcoholic liquor as part of an | 26 | | entertainment package where the licensee is separately |
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| 1 | | licensed by a municipal ordinance that (A) restricts dates | 2 | | of operation to dates during which there is an event at an | 3 | | adjacent stadium, (B) restricts hours of serving alcoholic | 4 | | liquor to 2 hours before the event and one hour after the | 5 | | event, (C) restricts alcoholic liquor sales to beer and | 6 | | wine, (D) requires tickets for admission to the | 7 | | establishment, and (E) prohibits sale of admission tickets | 8 | | on the day of an event and permits the sale of admission | 9 | | tickets for single events only. | 10 | | (d) A violation of this Act shall be grounds for suspension | 11 | | or
revocation of the retailer's license as provided by
this | 12 | | Act.
| 13 | | (Source: P.A. 98-571, eff. 8-27-13.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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