Full Text of HB4589 99th General Assembly
HB4589eng 99TH GENERAL ASSEMBLY |
| | HB4589 Engrossed | | LRB099 18156 RPS 42523 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 Sections 6-27.5, 6-28.5, and 6-36 as follows: | 6 | | (235 ILCS 5/6-27.5) | 7 | | Sec. 6-27.5. Mandatory schedule of prices. All retail | 8 | | licensees shall maintain a schedule of drink the prices charged | 9 | | for all drinks of alcoholic liquor to be served and consumed on | 10 | | the licensed premises or in any room or part thereof. Whenever | 11 | | a hotel or multi-use establishment which holds a valid | 12 | | retailer's license operates on its premises more than one | 13 | | establishment at which drinks of alcoholic liquor are sold at | 14 | | retail, the hotel or multi-use establishment shall maintain at | 15 | | each such establishment a separate schedule of drink the prices | 16 | | charged for such drinks at that establishment. Drink prices | 17 | | listed on the schedule of drink prices shall remain the same | 18 | | for each drink for the entire business day, unless the drink | 19 | | prices are changed in accordance with Section 6-28.5 of this | 20 | | Act. Daily drink prices are not required to be the same for | 21 | | each business day. | 22 | | As used in this Section, "schedule of drink prices" means a | 23 | | list, including, but not limited to, a drink menu, of the |
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| 1 | | brands, sizes, and prices for drinks of alcoholic liquor | 2 | | offered by a license holder.
| 3 | | (Source: P.A. 99-46, eff. 7-15-15.) | 4 | | (235 ILCS 5/6-28.5) | 5 | | Sec. 6-28.5. Permitted happy hours and meal packages, party | 6 | | packages, and entertainment packages. | 7 | | (a) As used in this Section: | 8 | | "Dedicated event space" means a room or rooms or other | 9 | | clearly delineated space within a retail licensee's premises | 10 | | that is reserved for the exclusive use of party package | 11 | | invitees during the entirety of a party package. Furniture, | 12 | | stanchions and ropes, or other room dividers may be used to | 13 | | clearly delineate a dedicated event space. | 14 | | "Food" means any edible item to be consumed by a person and | 15 | | includes, but is not limited to, multi-course meals, buffets, | 16 | | hors d'oeuvres, snacks, and finger foods. "Food" does not | 17 | | include ice. | 18 | | "Meal package" means a food and beverage package, which may | 19 | | or may not include entertainment, where the service of | 20 | | alcoholic liquor is an accompaniment to the food, including, | 21 | | but not limited to, a meal, tour, tasting, or any combination | 22 | | thereof for a fixed price by a retail licensee or any other | 23 | | licensee operating within a sports facility, restaurant, | 24 | | winery, brewery, or distillery. | 25 | | "Party package" means a private party, function, or event |
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| 1 | | for a specific social or business occasion, either arranged by | 2 | | invitation or reservation for a defined number of individuals, | 3 | | that is not open to the general public and where attendees are | 4 | | served both food and alcohol for a fixed price in a dedicated | 5 | | event space. | 6 | | (b) A retail licensee may: | 7 | | (1) offer free food or entertainment at any time; | 8 | | (2) include drinks of alcoholic liquor as part of a | 9 | | meal package; | 10 | | (3) sell or offer for sale a party package only if the | 11 | | retail licensee: | 12 | | (A) offers food in the dedicated event space; | 13 | | (B) limits the party package to no more than 3 | 14 | | hours; | 15 | | (C) distributes wristbands, lanyards, shirts, or | 16 | | any other such wearable items to identify party package | 17 | | attendees so the attendees may be granted access to the | 18 | | dedicated event space; and | 19 | | (D) excludes individuals not participating in the | 20 | | party package from the dedicated event space; | 21 | | (4) include drinks of alcoholic liquor as part of a | 22 | | hotel package; | 23 | | (5) negotiate drinks of alcoholic liquor as part of a | 24 | | hotel package; | 25 | | (6) provide room service to persons renting rooms at a | 26 | | hotel; |
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| 1 | | (7) sell pitchers (or the equivalent, including, but | 2 | | not limited to, buckets of bottled beer), carafes, or | 3 | | bottles of alcoholic liquor which are customarily sold in | 4 | | such manner, or sell bottles of spirits; | 5 | | (8) advertise events permitted under this Section; | 6 | | (9) include drinks of alcoholic liquor as part of an | 7 | | entertainment package where the licensee is separately | 8 | | licensed by a municipal ordinance that (A) restricts dates | 9 | | of operation to dates during which there is an event at an | 10 | | adjacent stadium, (B) restricts hours of serving alcoholic | 11 | | liquor to 2 hours before the event and one hour after the | 12 | | event, (C) restricts alcoholic liquor sales to beer and | 13 | | wine, (D) requires tickets for admission to the | 14 | | establishment, and (E) prohibits sale of admission tickets | 15 | | on the day of an event and permits the sale of admission | 16 | | tickets for single events only; and | 17 | | (10) discount any drink of alcoholic liquor during a | 18 | | specified time period only if: | 19 | | (A) the price of the drink of alcoholic liquor is | 20 | | not changed during the time that it is discounted; | 21 | | (B) the period of time during which any drink of | 22 | | alcoholic liquor is discounted does not exceed 4 hours | 23 | | per day and 15 hours per week; however, this period of | 24 | | time is not required to be consecutive and may be | 25 | | divided by the licensee in any manner; | 26 | | (C) the drink of alcoholic liquor is not discounted |
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| 1 | | between the hours of 10:00 p.m. and the licensed | 2 | | premises' closing hour; and | 3 | | (D) notice of the discount of the drink of | 4 | | alcoholic liquor during a specified time is posted on | 5 | | the licensed premises or on the licensee's publicly | 6 | | available website at least 7 days prior to the | 7 | | specified time ; and . | 8 | | (11) offer and advertise daily drink specials. | 9 | | (c) (b) A violation of this Section shall be grounds for | 10 | | suspension or revocation of the retailer's license as provided | 11 | | by this Act. The State Commission may not enforce any trade | 12 | | practice policy or other rule that was not adopted in | 13 | | accordance with the Illinois Administrative Procedure Act. | 14 | | (d) (c) All licensees affected by this Section must also | 15 | | comply with Sections 6-16, 6-21, and 6-27.1 of this Act.
| 16 | | (Source: P.A. 99-46, eff. 7-15-15.) | 17 | | (235 ILCS 5/6-36) | 18 | | Sec. 6-36. Homemade brewed beverages. | 19 | | (a) No license or permit is required under this Act for the | 20 | | making of homemade brewed beverages or for the possession, | 21 | | transportation, or storage of homemade brewed beverages by any | 22 | | person 21 years of age or older, if all of the following apply: | 23 | | (1) the person who makes the homemade brewed beverages | 24 | | receives no compensation; | 25 | | (2) the homemade brewed beverages are not sold or |
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| 1 | | offered for sale; and | 2 | | (3) the total quantity of homemade brewed beverages | 3 | | made, in a calendar year, by the person does not exceed 100 | 4 | | gallons if the household has only one person 21 years of | 5 | | age or older or 200 gallons if the household has 2 or more | 6 | | persons 21 years of age or older ; and . | 7 | | (4) the person who purchases the apparatus or equipment | 8 | | used to produce the homemade brewed beverages is 21 years | 9 | | of age or older. | 10 | | (b) A person who makes, possesses, transports, or stores | 11 | | homemade brewed beverages in compliance with the limitations | 12 | | specified in subsection (a) is not a brewer, class 1 brewer, | 13 | | class 2 brewer, wholesaler, retailer, or a manufacturer of beer | 14 | | for the purposes of this Act. | 15 | | (c) Homemade brewed beverages made in compliance with the | 16 | | limitations specified in subsection (a) may be consumed by the | 17 | | person who made it and his or her family, neighbors, and | 18 | | friends at any private residence or other private location | 19 | | where the possession and consumption of alcohol are permissible | 20 | | under this Act, local ordinances, and other applicable law, | 21 | | provided that the homemade brewed beverages are not made | 22 | | available for consumption by the general public. | 23 | | (d) Homemade brewed beverages made in compliance with the | 24 | | limitations specified in subsection (a) may be used for | 25 | | purposes of a public exhibition, demonstration, tasting, or | 26 | | sampling with sampling sizes as authorized by Section 6-31, if |
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| 1 | | the event is held at a private residence or at a location other | 2 | | than a retail licensed premises. If the public event is not | 3 | | held at a private residence, the event organizer shall obtain a | 4 | | homebrewer special event permit for each location, and is | 5 | | subject to the provisions in subsection (a) of Section 6-21. | 6 | | Homemade brewed beverages used for purposes described in this | 7 | | subsection (d), including the submission or consumption of the | 8 | | homemade brewed beverages, are not considered sold or offered | 9 | | for sale under this Act. A public exhibition, demonstration, | 10 | | tasting, or sampling with sampling sizes as authorized by | 11 | | Section 6-31 held by a licensee on a location other than a | 12 | | retail licensed premises may require an admission charge to the | 13 | | event, but no separate or additional fee may be charged for the | 14 | | consumption of a person's homemade brewed beverages at the | 15 | | public exhibition, demonstration, tasting, or sampling with | 16 | | sampling sizes as authorized by Section 6-31. Event admission | 17 | | charges that are collected may be partially used to provide | 18 | | prizes to makers of homemade brewed beverages, but the | 19 | | admission charges may not be divided in any fashion among the | 20 | | makers of the homemade brewed beverages who participate in the | 21 | | event. Homemade brewed beverages used for purposes described in | 22 | | this subsection (d) are not considered sold or offered for sale | 23 | | under this Act if a maker of homemade brewed beverages receives | 24 | | free event admission or discounted event admission in return | 25 | | for the maker's donation of the homemade brewed beverages to an | 26 | | event specified in this subsection (d) that collects event |
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| 1 | | admission charges; free admission or discounted admission to | 2 | | the event is not considered compensation under this Act. No | 3 | | admission fee and no charge for the consumption of a person's | 4 | | homemade brewed beverage may be collected if the public | 5 | | exhibition, demonstration, tasting, or sampling with sampling | 6 | | sizes as authorized by Section 6-31 is held at a private | 7 | | residence. | 8 | | (e) A person who is not a licensee under this Act may at a | 9 | | private residence, and a person who is a licensee under this | 10 | | Act may on the licensed premises, conduct, sponsor, or host a | 11 | | contest, competition, or other event for the exhibition, | 12 | | demonstration, judging, tasting, or sampling of homemade | 13 | | brewed beverages made in compliance with the limitations | 14 | | specified in subsection (a), if the person does not sell the | 15 | | homemade brewed beverages and, unless the person is the brewer | 16 | | of the homemade brewed beverages, does not acquire any | 17 | | ownership interest in the homemade brewed beverages. If the | 18 | | contest, competition, exhibition, demonstration, or judging is | 19 | | not held at a private residence, the consumption of the | 20 | | homemade brewed beverages is limited to qualified judges and | 21 | | stewards as defined by a national or international beer judging | 22 | | program, who are identified by the event organizer in advance | 23 | | of the contest, competition, exhibition, demonstration, or | 24 | | judging. Homemade brewed beverages used for the purposes | 25 | | described in this subsection (e), including the submission or | 26 | | consumption of the homemade brewed beverages, are not |
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| 1 | | considered sold or offered for sale under this Act and any | 2 | | prize awarded at a contest or competition or as a result of an | 3 | | exhibition, demonstration, or judging is not considered | 4 | | compensation under this Act. An exhibition, demonstration, | 5 | | judging, contest, or competition held by a licensee on a | 6 | | licensed premises may require an admission charge to the event, | 7 | | but no separate or additional fee may be charged for the | 8 | | consumption of a person's homemade brewed beverage at the | 9 | | exhibition, demonstration, judging, contest, or competition. A | 10 | | portion of event admission charges that are collected may be | 11 | | used to provide prizes to makers of homemade brewed beverages, | 12 | | but the admission charges may not be divided in any fashion | 13 | | among the makers of the homemade brewed beverages who | 14 | | participate in the event. Homemade brewed beverages used for | 15 | | purposes described in this subsection (e) are not considered | 16 | | sold or offered for sale under this Act if a maker of homemade | 17 | | brewed beverages receives free event admission or discounted | 18 | | event admission in return for the maker's donation of the | 19 | | homemade brewed beverages to an event specified in this | 20 | | subsection (e) that collects event admission charges; free | 21 | | admission or discounted admission to the event is not | 22 | | considered compensation under this Act. No admission fee and no | 23 | | charge for the consumption of a person's homemade brewed | 24 | | beverage may be charged if the exhibition, demonstration, | 25 | | judging, contest, or competition is held at a private | 26 | | residence. The fact that a person is acting in a manner |
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| 1 | | authorized by this Section is not, by itself, sufficient to | 2 | | constitute a public nuisance under Section 10-7 of this Act. If | 3 | | the contest, competition, or other event is held on licensed | 4 | | premises, the licensee may allow the homemade brewed beverages | 5 | | to be stored on the premises if the homemade brewed beverages | 6 | | are clearly identified and kept separate from any alcohol | 7 | | beverages owned by the licensee. If the contest, competition, | 8 | | or other event is held on licensed premises, other provisions | 9 | | of this Act not inconsistent with this Section apply. | 10 | | (f) A commercial enterprise engaged primarily in selling | 11 | | supplies and equipment to the public for use by homebrewers may | 12 | | manufacture homemade brewed beverages for the purpose of | 13 | | tasting the homemade brewed beverages at the location of the | 14 | | commercial enterprise, provided that the homemade brewed | 15 | | beverages are not sold or offered for sale. Homemade brewed | 16 | | beverages provided at a commercial enterprise for tasting under | 17 | | this subsection (f) shall be in compliance with Sections 6-16, | 18 | | 6-21, and 6-31 of this Act. A commercial enterprise engaged | 19 | | solely in selling supplies and equipment for use by homebrewers | 20 | | shall not be required to secure a license under this Act, | 21 | | however, such commercial enterprise shall secure liquor | 22 | | liability insurance coverage in an amount at least equal to the | 23 | | maximum liability amounts set forth in subsection (a) of | 24 | | Section 6-21 of this Act. | 25 | | (g) Homemade brewed beverages are not subject to Section | 26 | | 8-1 of this Act.
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| 1 | | (Source: P.A. 98-55, eff. 7-5-13; 99-78, eff. 7-20-15; 99-448, | 2 | | eff. 8-24-15.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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