Full Text of SB0203 102nd General Assembly
SB0203 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB0203 Introduced 2/17/2021, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED: |
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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.
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| | A BILL FOR |
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| | | SB0203 | | LRB102 15497 RPS 20860 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is amended by | 5 | | changing Section 6-28.8 as follows: | 6 | | (235 ILCS 5/6-28.8) | 7 | | (Section scheduled to be repealed on June 2, 2021) | 8 | | Sec. 6-28.8.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 | 9 | | permitted. | 10 | | (a) In this Section: | 11 | | "Cocktail" or "mixed drink" means any beverage obtained by | 12 | | combining ingredients alcoholic in nature, whether brewed, | 13 | | fermented, or distilled, with ingredients non-alcoholic in | 14 | | nature, such as fruit juice, lemonade, cream, or a carbonated | 15 | | beverage. | 16 | | "Original container" means, for the purposes of this | 17 | | Section only, a container that is filled, sealed, and secured | 18 | | by a retail licensee's employee at the retail licensee's | 19 | | location with a tamper-evident lid or cap. | 20 | | "Sealed container" means a rigid container that contains a | 21 | | mixed drink, is new, has never been used, has a secured lid or | 22 | | cap designed to prevent consumption without removal of the lid | 23 | | or cap, and is tamper-evident. "Sealed container" does not |
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| 1 | | include a container with a lid with sipping holes or openings | 2 | | for straws or a container made of plastic, paper, or | 3 | | polystyrene foam. | 4 | | "Tamper-evident" means a lid or cap that has been sealed | 5 | | with tamper-evident covers, including, but not limited to, wax | 6 | | dip or heat shrink wrap. | 7 | | (b) A cocktail or mixed drink placed in a sealed container | 8 | | by a retail licensee at the retail licensee's location may be | 9 | | transferred and sold for off-premises consumption if the | 10 | | following 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 |
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| 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 | 14 | | deliver cocktails and mixed drinks under this Section. | 15 | | (d) If there is an executive order of the Governor in | 16 | | effect during a disaster, the employee delivering the mixed | 17 | | drink or cocktail must comply with any requirements of that | 18 | | executive order, including, but not limited to, wearing gloves | 19 | | and a mask and maintaining distancing requirements when | 20 | | interacting with the public. | 21 | | (e) Delivery or carry out of a cocktail or mixed drink is | 22 | | prohibited 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; |
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| 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 | 9 | | applicable penalties, including, but not limited to, the | 10 | | penalties specified under Section 11-502 of the Illinois | 11 | | Vehicle Code. | 12 | | (f-5) This Section is not intended to prohibit or preempt | 13 | | the ability of a brew pub, tap room, or distilling pub to | 14 | | continue to temporarily deliver alcoholic liquor pursuant to | 15 | | guidance issued by the State Commission on March 19, 2020 | 16 | | entitled "Illinois Liquor Control Commission, COVID-19 Related | 17 | | Actions, Guidance on Temporary Delivery of Alcoholic Liquor". | 18 | | This Section shall only grant authorization to holders of | 19 | | State of Illinois retail liquor licenses but not to licensees | 20 | | that simultaneously hold any licensure or privilege to | 21 | | manufacture alcoholic liquors within or outside of the State | 22 | | of Illinois. | 23 | | (g) This Section is not a denial or limitation of home rule | 24 | | powers and functions under Section 6 of Article VII of the | 25 | | Illinois Constitution. | 26 | | (h) (Blank). This Section is repealed one year after the |
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| 1 | | effective date of this amendatory Act of the 101st General | 2 | | Assembly.
| 3 | | (Source: P.A. 101-631, eff. 6-2-20.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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