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90_HB0679
235 ILCS 5/6-6 from Ch. 43, par. 123
235 ILCS 5/6-6.5 new
Amends the Liquor Control Act of 1934. Provides that a
licensee that dispenses draught beer or wine shall have the
equipment used in drawing the draught beer or wine cleaned at
least once every 2 weeks. Provides that a manufacturer,
distributor, or importing distributor may sell dispensing
accessories to retail licensees at a price not less than
cost. Effective immediately.
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LRB9002504LDmbA
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 6-6 and adding Section 6-6.5 as follows:
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Section 6-6 and adding Section 6-6.5 as follows:
7 (235 ILCS 5/6-6) (from Ch. 43, par. 123)
8 Sec. 6-6. Except as otherwise provided in this Act no
9 manufacturer or distributor or importing distributor shall,
10 directly, or indirectly, sell, supply, furnish, give or pay
11 for, or loan or lease, any furnishing, fixture or equipment
12 on the premises of a place of business of another licensee
13 authorized under this Act to sell alcoholic liquor at retail,
14 either for consumption on or off the premises, nor shall he,
15 directly or indirectly, pay for any such license, or advance,
16 furnish, lend or give money for payment of such license, or
17 purchase or become the owner of any note, mortgage, or other
18 evidence of indebtedness of such licensee or any form of
19 security therefor, nor shall such manufacturer, or
20 distributor, or importing distributor, directly or
21 indirectly, be interested in the ownership, conduct or
22 operation of the business of any licensee authorized to sell
23 alcoholic liquor at retail, nor shall any manufacturer, or
24 distributor, or importing distributor be interested directly
25 or indirectly or as owner or part owner of said premises or
26 as lessee or lessor thereof, in any premises upon which
27 alcoholic liquor is sold at retail.
28 No manufacturer or distributor or importing distributor
29 shall, directly or indirectly or through a subsidiary or
30 affiliate, or by any officer, director or firm of such
31 manufacturer, distributor or importing distributor, furnish,
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1 give, lend or rent, install, repair or maintain, to or for
2 any retail licensee in this State, any signs or inside
3 advertising materials except as provided in this Section and
4 Section 6-5. With respect to retail licensees, other than any
5 government owned or operated auditorium, exhibition hall,
6 recreation facility or other similar facility holding a
7 retailer's license as described in Section 6-5, a
8 manufacturer, distributor, or importing distributor may
9 furnish, give, lend or rent and erect, install, repair and
10 maintain to or for any retail licensee, for use at any one
11 time in or about or in connection with a retail establishment
12 on which the products of the manufacturer, distributor or
13 importing distributor are sold, the following signs and
14 inside advertising materials as authorized in subparts (i),
15 (ii), (iii), and (iv):
16 (i) Permanent outside signs shall be limited to one
17 outside sign, per brand, in place and in use at any one
18 time, costing not more than $893, exclusive of erection,
19 installation, repair and maintenance costs, and permit
20 fees and shall bear only the manufacturer's name, brand
21 name, trade name, slogans, markings, trademark, or other
22 symbols commonly associated with and generally used in
23 identifying the product including, but not limited to,
24 "cold beer", "on tap", "carry out", and "packaged
25 liquor".
26 (ii) Temporary outside signs shall be limited to
27 one temporary outside sign per brand. Examples of
28 temporary outside signs are banners, flags, pennants,
29 streamers, and other items of a temporary and
30 non-permanent nature. Each temporary outside sign must
31 include the manufacturer's name, brand name, trade name,
32 slogans, markings, trademark, or other symbol commonly
33 associated with and generally used in identifying the
34 product. Temporary outside signs may also include, for
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1 example, the product, price, packaging, date or dates of
2 a promotion and an announcement of a retail licensee's
3 specific sponsored event, if the temporary outside sign
4 is intended to promote a product, and provided that the
5 announcement of the retail licensee's event and the
6 product promotion are held simultaneously. However,
7 temporary outside signs may not include names, slogans,
8 markings, or logos that relate to the retailer. Nothing
9 in this subpart (ii) shall prohibit a distributor or
10 importing distributor from bearing the cost of creating
11 or printing a temporary outside sign for the retail
12 licensee's specific sponsored event or from bearing the
13 cost of creating or printing a temporary sign for a
14 retail licensee containing, for example, community
15 goodwill expressions, regional sporting event
16 announcements, or seasonal messages, provided that the
17 primary purpose of the temporary outside sign is to
18 highlight, promote, or advertise the product. In
19 addition, temporary outside signs provided by the
20 manufacturer to the distributor or importing distributor
21 may also include, for example, subject to the limitations
22 of this Section, preprinted community goodwill
23 expressions, sporting event announcements, seasonal
24 messages, and manufacturer promotional announcements.
25 However, a distributor or importing distributor shall not
26 bear the cost of such manufacturer preprinted signs.
27 (iii) Permanent inside signs, whether visible from
28 the outside or the inside of the premises, include, but
29 are not limited to for example, neons, illuminated signs,
30 clocks, table lamps, mirrors, tap handles, decalcomanias,
31 window painting, window trim, and spirits or wine lists
32 and menus. All permanent inside signs in place and in
33 use at any one time shall cost in the aggregate not more
34 than $2000 per manufacturer. A permanent inside sign
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1 must include the manufacturer's name, brand name, trade
2 name, slogans, markings, trademark, or other symbol
3 commonly associated with and generally used in
4 identifying the product. However, permanent inside signs
5 may not include names, slogans, markings, or logos that
6 relate to the retailer. For the purpose of this subpart
7 (iii), all permanent inside signs may be displayed in an
8 adjacent courtyard or patio commonly referred to as a
9 "beer garden" that is a part of the retailer's licensed
10 premises.
11 (iv) Temporary inside signs shall include, but are
12 not limited to for example, lighted chalk boards, acrylic
13 table tent beverage or hors d'oeuvre list holders,
14 banners, flags, pennants, streamers, and inside
15 advertising materials such as posters, placards, bowling
16 sheets, table tents, inserts for acrylic table tent
17 beverage or hors d'oeuvre list holders, sports schedules,
18 or similar printed or illustrated materials; however,
19 such items, for example, as coasters, trays, napkins, and
20 cups may not be provided to retailers. All temporary
21 inside signs and inside advertising materials in place
22 and in use at any one time shall cost in the aggregate
23 not more than $325 per manufacturer. Nothing in this
24 subpart (iv) prohibits a distributor or importing
25 distributor from paying the cost of printing or creating
26 any temporary inside banner or inserts for acrylic table
27 tent beverage or hors d'oeuvre list holders for a retail
28 licensee, provided that the primary purpose for the
29 banner or insert is to highlight, promote, or advertise
30 the product. For the purpose of this subpart (iv), all
31 temporary inside signs and inside advertising materials
32 may be displayed in an adjacent courtyard or patio
33 commonly referred to as a "beer garden" that is a part of
34 the retailer's licensed premises.
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1 A "cost adjustment factor" shall be used to periodically
2 update the dollar limitations prescribed in subparts (i),
3 (iii), and (iv). The Commission shall establish the adjusted
4 dollar limitation on an annual basis beginning in January,
5 1997. The term "cost adjustment factor" means a percentage
6 equal to the change in the Bureau of Labor Statistics
7 Consumer Price Index or 5%, whichever is greater. The
8 restrictions contained in this Section 6-6 do not apply to
9 signs, or promotional or advertising materials furnished by
10 manufacturers, distributors or importing distributors to a
11 government owned or operated facility holding a retailer's
12 license as described in Section 6-5.
13 No distributor or importing distributor shall directly or
14 indirectly or through a subsidiary or affiliate, or by any
15 officer, director or firm of such manufacturer, distributor
16 or importing distributor, furnish, give, lend or rent,
17 install, repair or maintain, to or for any retail licensee in
18 this State, any signs or inside advertising materials
19 described in subparts (i), (ii), (iii), or (iv) of this
20 Section except as the agent for or on behalf of a
21 manufacturer, provided that the total cost of any signs and
22 inside advertising materials including but not limited to
23 labor, erection, installation and permit fees shall be paid
24 by the manufacturer whose product or products said signs, and
25 inside advertising materials advertise and except as herein
26 provided.
27 No person engaged in the business of manufacturing,
28 importing or distributing alcoholic liquors shall, directly
29 or indirectly, pay for, or advance, furnish, or lend money
30 for the payment of any license for another. Any licensee who
31 shall permit or assent, or be a party in any way to any
32 violation or infringement of the provisions of this Section
33 shall be deemed guilty of a violation of this Act, and any
34 money loaned contrary to a provision of this Act shall not be
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1 recovered back, or any note, mortgage or other evidence of
2 indebtedness, or security, or any lease or contract obtained
3 or made contrary to this Act shall be unenforceable and void.
4 This Section shall not apply to airplane licensees
5 exercising powers provided in paragraph (i) of Section 5-1 of
6 this Act.
7 (Source: P.A. 89-238, eff. 8-4-95; 89-529, eff. 7-19-96.)
8 (235 ILCS 5/6-6.5 new)
9 Sec. 6-6.5. Sanitation. A retail licensee that
10 dispenses draught beer or wine shall have coils and other
11 equipment used in drawing that draught beer or wine cleaned
12 at least once every 2 weeks in some manner, either chemical
13 or mechanical. A manufacturer, distributor, or importing
14 distributor may sell coil cleaning services to a retail
15 licensee at fair market cost.
16 A manufacturer, distributor, or importing distributor may
17 sell dispensing accessories to retail licensees at a price
18 not less than the cost to the manufacturer, distributor, or
19 importing distributor who initially purchased them.
20 Dispensing accessories include, but are not limited to, items
21 such as standards, faucets, cold plates, rods, vents, taps,
22 tap standards, hoses, washers, couplings, gas gauges, vent
23 tongues, shanks, and check valves.
24 Coil cleaning supplies consisting of detergents, cleaning
25 chemicals, brushes, or similar type cleaning devices may be
26 sold at a price not less than the cost to the manufacturer,
27 distributor, or importing distributor.
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.