Full Text of HB1196 94th General Assembly
HB1196 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1196
Introduced 02/09/05, by Rep. Lou Lang SYNOPSIS AS INTRODUCED: |
|
235 ILCS 5/6-6 |
from Ch. 43, par. 123 |
|
Amends the Liquor Control Act of 1934. Prohibits foreign importers from providing furnishings, fixtures, or equipment on the premises of a business of a licensee, from helping pay license fees of a retail licensee, from becoming the owner of any indebtedness of a retail licensee, from having an interest in the ownership, conduct, or operation of a retail licensee's business, and from being a lessee or lessor in any premises that sells alcoholic liquor at retail. Prohibits foreign importers from providing signs or inside advertising materials except as otherwise provided. Provides that restrictions on advertising do not apply to promotional or advertising material provided by foreign importers to a government owned facility with a retailer's license. Effective immediately.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB1196 |
|
LRB094 07563 LJB 37731 b |
|
| 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 6-6 as follows:
| 6 |
| (235 ILCS 5/6-6) (from Ch. 43, par. 123)
| 7 |
| Sec. 6-6. Except as otherwise provided in this Act no | 8 |
| manufacturer ,
or
distributor ,
or importing distributor , or | 9 |
| foreign importer shall, directly, or indirectly,
sell, supply, | 10 |
| furnish, give or pay for, or loan or lease, any
furnishing, | 11 |
| fixture or equipment on the premises of a place of business
of | 12 |
| another licensee authorized under this Act to sell alcoholic | 13 |
| liquor
at retail, either for consumption on or off the | 14 |
| premises, nor shall he or she
directly or indirectly, pay for | 15 |
| any such license, or advance, furnish,
lend or give money for | 16 |
| payment of such license, or purchase or become
the owner of any | 17 |
| note, mortgage, or other evidence of indebtedness of
such | 18 |
| licensee or any form of security therefor, nor shall such
| 19 |
| manufacturer, or distributor, or importing distributor , or | 20 |
| foreign importer , directly or
indirectly, be interested in the | 21 |
| ownership, conduct or operation of the
business of any licensee | 22 |
| authorized to sell alcoholic liquor at retail,
nor shall any | 23 |
| manufacturer, or distributor, or importing distributor , or | 24 |
| foreign importer be
interested directly or indirectly or as | 25 |
| owner or part owner of said
premises or as lessee or lessor | 26 |
| thereof, in any premises upon which
alcoholic liquor is sold at | 27 |
| retail.
| 28 |
| No manufacturer ,
or distributor ,
or importing distributor , | 29 |
| or foreign importer shall,
directly or indirectly or through a | 30 |
| subsidiary or affiliate, or by any
officer, director or firm of | 31 |
| such manufacturer, distributor ,
or importing
distributor , or | 32 |
| foreign importer , furnish, give, lend or rent, install, repair |
|
|
|
HB1196 |
- 2 - |
LRB094 07563 LJB 37731 b |
|
| 1 |
| or maintain,
to or for any retail licensee in this State, any
| 2 |
| signs or inside advertising materials except as provided in | 3 |
| this Section and
Section 6-5. With respect to
retail licensees, | 4 |
| other than any government owned or operated auditorium,
| 5 |
| exhibition hall, recreation facility or other similar facility | 6 |
| holding a
retailer's license as described in Section 6-5, a | 7 |
| manufacturer,
distributor, or importing distributor , or | 8 |
| foreign importer may furnish, give, lend or rent and
erect, | 9 |
| install, repair and maintain to or for any retail licensee, for | 10 |
| use
at any one time in or about or in connection with a retail | 11 |
| establishment on
which the products of the manufacturer, | 12 |
| distributor or importing
distributor are sold, the following | 13 |
| signs and inside advertising materials
as authorized in | 14 |
| subparts (i), (ii), (iii), and (iv):
| 15 |
| (i) Permanent outside signs shall be limited to one | 16 |
| outside sign, per
brand, in place and in use at any one | 17 |
| time,
costing not more than $893, exclusive of erection,
| 18 |
| installation, repair and maintenance costs, and permit | 19 |
| fees and
shall bear only the manufacturer's name, brand | 20 |
| name, trade name, slogans,
markings, trademark, or other | 21 |
| symbols commonly associated with and generally
used in | 22 |
| identifying the product including, but not limited to, | 23 |
| "cold beer", "on
tap", "carry out", and "packaged liquor".
| 24 |
| (ii) Temporary outside signs shall be
limited to one | 25 |
| temporary outside sign per brand. Examples of temporary | 26 |
| outside
signs are banners, flags, pennants,
streamers, and | 27 |
| other items of a temporary and non-permanent
nature. Each | 28 |
| temporary outside sign must include the manufacturer's | 29 |
| name,
brand name, trade name, slogans, markings,
| 30 |
| trademark, or other symbol commonly associated with and | 31 |
| generally used in
identifying the product. Temporary | 32 |
| outside signs may also include,
for example, the product,
| 33 |
| price, packaging, date or dates of a promotion and an | 34 |
| announcement of a
retail licensee's specific sponsored | 35 |
| event, if the temporary outside sign is
intended to promote | 36 |
| a product, and provided that the announcement of the retail
|
|
|
|
HB1196 |
- 3 - |
LRB094 07563 LJB 37731 b |
|
| 1 |
| licensee's event and the product promotion are held | 2 |
| simultaneously. However,
temporary outside signs may not | 3 |
| include names, slogans, markings, or logos that
relate to | 4 |
| the retailer. Nothing in this subpart (ii) shall prohibit a
| 5 |
| distributor or importing distributor from bearing the cost | 6 |
| of creating or
printing a temporary outside sign for the | 7 |
| retail licensee's specific sponsored
event or from bearing | 8 |
| the cost of creating or printing a temporary sign for a
| 9 |
| retail licensee containing, for example, community | 10 |
| goodwill expressions,
regional sporting event | 11 |
| announcements, or seasonal messages, provided that the
| 12 |
| primary purpose of the temporary outside sign is to | 13 |
| highlight, promote, or
advertise the product.
In addition, | 14 |
| temporary outside signs provided by the manufacturer to
the | 15 |
| distributor or importing distributor may also include, for | 16 |
| example, subject
to the limitations of this Section, | 17 |
| preprinted community goodwill expressions,
sporting event | 18 |
| announcements, seasonal messages, and manufacturer | 19 |
| promotional
announcements. However, a distributor or | 20 |
| importing distributor shall not bear
the cost of such | 21 |
| manufacturer preprinted signs.
| 22 |
| (iii) Permanent inside
signs, whether visible from the | 23 |
| outside or the inside of the premises,
include, but are not | 24 |
| limited to: alcohol lists and menus that may include
names, | 25 |
| slogans, markings, or logos that relate to the retailer; | 26 |
| neons;
illuminated signs; clocks; table lamps; mirrors; | 27 |
| tap handles; decalcomanias;
window painting; and window | 28 |
| trim. All permanent inside signs in place
and in use at any | 29 |
| one time shall cost in the aggregate not more than $2000 | 30 |
| per
manufacturer. A permanent inside sign must include the
| 31 |
| manufacturer's name, brand name, trade name, slogans, | 32 |
| markings, trademark, or
other symbol commonly associated | 33 |
| with and generally used in identifying
the product. | 34 |
| However,
permanent inside signs may not include names, | 35 |
| slogans, markings, or logos
that relate to the retailer. | 36 |
| For the purpose of this subpart (iii), all
permanent inside |
|
|
|
HB1196 |
- 4 - |
LRB094 07563 LJB 37731 b |
|
| 1 |
| signs may be displayed in an adjacent courtyard or patio
| 2 |
| commonly referred to as a "beer garden" that is a part of | 3 |
| the retailer's
licensed premises.
| 4 |
| (iv) Temporary inside signs shall include, but are not | 5 |
| limited to, lighted
chalk boards, acrylic table tent | 6 |
| beverage or hors d'oeuvre list holders,
banners, flags, | 7 |
| pennants, streamers, and inside advertising materials such | 8 |
| as
posters, placards, bowling sheets, table tents, inserts | 9 |
| for acrylic table tent
beverage or hors d'oeuvre list | 10 |
| holders, sports schedules,
or similar printed or | 11 |
| illustrated materials; however, such items, for example,
| 12 |
| as coasters, trays, napkins, glassware and cups shall not | 13 |
| be deemed to be
inside signs or advertising materials and | 14 |
| may only be sold to retailers. All
temporary inside signs | 15 |
| and inside advertising materials in place and in use at
any | 16 |
| one time shall cost in the aggregate not more than $325 per | 17 |
| manufacturer.
Nothing in this subpart (iv) prohibits a | 18 |
| distributor or importing distributor
from paying the cost | 19 |
| of
printing or creating any temporary inside banner or | 20 |
| inserts for acrylic table
tent beverage or hors d'oeuvre | 21 |
| list holders for a retail licensee, provided
that the | 22 |
| primary purpose for the banner or insert is to highlight, | 23 |
| promote, or
advertise the product. For the purpose of this | 24 |
| subpart (iv), all temporary
inside signs and inside | 25 |
| advertising materials may be displayed in an adjacent
| 26 |
| courtyard or patio commonly referred to as a "beer garden" | 27 |
| that is a part of
the retailer's licensed premises.
| 28 |
| A "cost adjustment factor" shall be used to periodically | 29 |
| update the
dollar limitations prescribed in subparts (i), | 30 |
| (iii), and (iv). The Commission
shall establish the adjusted | 31 |
| dollar limitation on an annual basis beginning in
January, | 32 |
| 1997. The term "cost adjustment factor"
means a percentage | 33 |
| equal to the change in the Bureau of Labor Statistics
Consumer | 34 |
| Price Index or 5%, whichever is greater.
The restrictions | 35 |
| contained in this Section 6-6 do not apply to signs, or
| 36 |
| promotional or advertising materials furnished by |
|
|
|
HB1196 |
- 5 - |
LRB094 07563 LJB 37731 b |
|
| 1 |
| manufacturers, distributors ,
or importing distributors , or | 2 |
| foreign importers to a government owned or operated facility | 3 |
| holding
a retailer's license as described in Section 6-5.
| 4 |
| No distributor or importing distributor shall directly or | 5 |
| indirectly
or through a subsidiary or affiliate, or by any | 6 |
| officer, director or
firm of such manufacturer, distributor or | 7 |
| importing distributor,
furnish, give, lend or rent, install, | 8 |
| repair or maintain, to or for any
retail licensee in this | 9 |
| State, any signs or
inside advertising materials described in | 10 |
| subparts (i), (ii), (iii), or (iv)
of this Section except as | 11 |
| the agent for or on behalf of a manufacturer,
provided that the | 12 |
| total cost of any signs and inside advertising materials
| 13 |
| including but not limited to labor, erection, installation and | 14 |
| permit fees
shall be paid by the manufacturer whose product or | 15 |
| products said signs
and inside advertising materials advertise | 16 |
| and except as follows:
| 17 |
| A distributor or importing distributor may purchase from or | 18 |
| enter into a
written agreement with a manufacturer or a | 19 |
| manufacturer's designated supplier
and such manufacturer or | 20 |
| the manufacturer's designated supplier may sell or
enter into | 21 |
| an agreement to sell to a distributor or importing distributor
| 22 |
| permitted signs and advertising materials described in | 23 |
| subparts (ii), (iii), or
(iv) of this Section for the purpose | 24 |
| of furnishing, giving, lending, renting,
installing, | 25 |
| repairing, or maintaining such signs or advertising materials | 26 |
| to or
for any retail licensee in this State. Any purchase by a | 27 |
| distributor or
importing distributor from a manufacturer or a | 28 |
| manufacturer's designated
supplier shall be voluntary and the | 29 |
| manufacturer may not require the
distributor or the importing | 30 |
| distributor to purchase signs or advertising
materials from the | 31 |
| manufacturer or the manufacturer's designated supplier.
| 32 |
| A distributor or importing distributor shall be deemed the | 33 |
| owner of such
signs or advertising materials purchased from a | 34 |
| manufacturer or
a manufacturer's designated supplier.
| 35 |
| The provisions of Public Act 90-373
concerning signs or | 36 |
| advertising materials delivered by a manufacturer to a
|
|
|
|
HB1196 |
- 6 - |
LRB094 07563 LJB 37731 b |
|
| 1 |
| distributor or importing distributor shall apply only to signs | 2 |
| or advertising
materials delivered on or after August 14, 1997.
| 3 |
| No person engaged in the business of manufacturing, | 4 |
| importing or
distributing alcoholic liquors shall, directly or | 5 |
| indirectly, pay for,
or advance, furnish, or lend money for the | 6 |
| payment of any license for
another. Any licensee who shall | 7 |
| permit or assent, or be a party in any
way to any violation or | 8 |
| infringement of the provisions of this Section
shall be deemed | 9 |
| guilty of a violation of this Act, and any money loaned
| 10 |
| contrary to a provision of this Act shall not be recovered | 11 |
| back, or any
note, mortgage or other evidence of indebtedness, | 12 |
| or security, or any
lease or contract obtained or made contrary | 13 |
| to this Act shall be
unenforceable and void.
| 14 |
| This Section shall not apply to airplane licensees | 15 |
| exercising powers
provided in paragraph (i) of Section 5-1 of | 16 |
| this Act.
| 17 |
| (Source: P.A. 89-238, eff. 8-4-95; 89-529, eff. 7-19-96; | 18 |
| 90-373, eff.
8-14-97; 90-432, eff. 1-1-98; 90-655, eff. | 19 |
| 7-30-98.)
| 20 |
| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
|
|