Illinois General Assembly - Full Text of SB0636
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Full Text of SB0636  98th General Assembly


Rep. Sara Feigenholtz

Filed: 5/23/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 636, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Liquor Control Act of 1934 is amended by
6changing 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
10prices charged for all drinks of alcoholic liquor to be served
11and consumed on the licensed premises or in any room or part
12thereof. Whenever a hotel or multi-use establishment which
13holds a valid retailer's license operates on its premises more
14than one establishment at which drinks of alcoholic liquor are
15sold at retail, the hotel or multi-use establishment shall
16maintain at each such establishment a separate schedule of the



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1prices charged for such drinks at that establishment.
2    (b) No retail licensee or employee or agent of such
3licensee 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
6prohibit 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
11or revocation of the retailer's license as provided by this
13(Source: P.A. 98-571, eff. 8-27-13.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".