[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] | [ Senate Amendment 001 ] |
90_HB0679eng
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.
LRB9002504LDmbA
HB0679 Engrossed LRB9002504LDmbA
1 AN ACT to amend the Liquor Control Act by changing
2 Sections 1-3.33, 3-12, 5-1, 6-6, 6-16, 6-20, and 6-28, adding
3 Sections 6-6.5 and 6-31, and repealing Section 6-19.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Liquor Control Act of 1934 is amended by
7 changing Sections 1-3.33, 3-12, 5-1, 6-6, 6-16, 6-20, and
8 6-28 and adding Sections 6-6.5 and 6-31 as follows:
9 (235 ILCS 5/1-3.33)
10 Sec. 1-3.33. "Brew Pub" means a person who manufactures
11 beer only at a designated premises to make sales to importing
12 distributors, distributors, and to non-licensees for use and
13 consumption only, who stores beer at the designated premises,
14 and who is allowed to sell at retail from the licensed
15 premises, provided that a brew pub licensee shall not sell
16 for off-premises consumption more than 50,000 gallons per
17 year.
18 (Source: P.A. 88-91.)
19 (235 ILCS 5/3-12) (from Ch. 43, par. 108)
20 (Text of Section before amendment by P.A. 89-507)
21 Sec. 3-12. The State commission shall have the following
22 powers, functions and duties:
23 (1) To receive applications and to issue licenses to
24 manufacturers, foreign importers, importing distributors,
25 distributors, non-resident dealers, on premise consumption
26 retailers, off premise sale retailers, special event retailer
27 licensees, special use permit licenses, auction liquor
28 licenses, brew pubs, caterer retailers, non-beverage users,
29 railroads, including owners and lessees of sleeping, dining
30 and cafe cars, airplanes and boats, in accordance with the
HB0679 Engrossed -2- LRB9002504LDmbA
1 provisions of this Act, and to suspend or revoke such
2 licenses upon the State commission's determination, upon
3 notice after hearing, that a licensee has violated any
4 provision of this Act or any rule or regulation issued
5 pursuant thereto and in effect for 30 days prior to such
6 violation.
7 In lieu of suspending or revoking a license, the
8 commission may impose a fine, upon the State commission's
9 determination and notice after hearing, that a licensee has
10 violated any provision of this Act or any rule or regulation
11 issued pursuant thereto and in effect for 30 days prior to
12 such violation. The fine imposed under this paragraph may
13 not exceed $500 for each violation. Each day that the
14 activity, which gave rise to the original fine, continues is
15 a separate violation. The maximum fine that may be levied
16 against any licensee, for the period of the license, shall
17 not exceed $20,000. The maximum penalty that may be imposed
18 on a licensee for selling a bottle of alcoholic liquor with a
19 foreign object in it or serving from a bottle of alcoholic
20 liquor with a foreign object in it shall be the destruction
21 of that bottle of alcoholic liquor for the first 10 bottles
22 so sold or served from by the licensee. For the eleventh
23 bottle of alcoholic liquor and for each third bottle
24 thereafter sold or served from by the licensee with a foreign
25 object in it, the maximum penalty that may be imposed on the
26 licensee is the destruction of the bottle of alcoholic liquor
27 and a fine of up to $50.
28 (2) To adopt such rules and regulations consistent with
29 the provisions of this Act which shall be necessary to carry
30 on its functions and duties to the end that the health,
31 safety and welfare of the People of the State of Illinois
32 shall be protected and temperance in the consumption of
33 alcoholic liquors shall be fostered and promoted and to
34 distribute copies of such rules and regulations to all
HB0679 Engrossed -3- LRB9002504LDmbA
1 licensees affected thereby.
2 (3) To call upon other administrative departments of the
3 State, county and municipal governments, county and city
4 police departments and upon prosecuting officers for such
5 information and assistance as it deems necessary in the
6 performance of its duties.
7 (4) To recommend to local commissioners rules and
8 regulations, not inconsistent with the law, for the
9 distribution and sale of alcoholic liquors throughout the
10 State.
11 (5) To inspect, or cause to be inspected, any premises
12 where alcoholic liquors are manufactured, distributed or
13 sold.
14 (6) To hear and determine appeals from orders of a local
15 commission in accordance with the provisions of this Act, as
16 hereinafter set forth. Hearings under this subsection shall
17 be held in Springfield or Chicago, at whichever location is
18 the more convenient for the majority of persons who are
19 parties to the hearing.
20 (7) The commission shall establish uniform systems of
21 accounts to be kept by all retail licensees having more than
22 4 employees, and for this purpose the commission may classify
23 all retail licensees having more than 4 employees and
24 establish a uniform system of accounts for each class and
25 prescribe the manner in which such accounts shall be kept.
26 The commission may also prescribe the forms of accounts to be
27 kept by all retail licensees having more than 4 employees,
28 including but not limited to accounts of earnings and
29 expenses and any distribution, payment, or other distribution
30 of earnings or assets, and any other forms, records and
31 memoranda which in the judgment of the commission may be
32 necessary or appropriate to carry out any of the provisions
33 of this Act, including but not limited to such forms, records
34 and memoranda as will readily and accurately disclose at all
HB0679 Engrossed -4- LRB9002504LDmbA
1 times the beneficial ownership of such retail licensed
2 business. The accounts, forms, records and memoranda shall
3 be available at all reasonable times for inspection by
4 authorized representatives of the State commission or by any
5 local liquor control commissioner or his or her authorized
6 representative. The commission, may, from time to time,
7 alter, amend or repeal, in whole or in part, any uniform
8 system of accounts, or the form and manner of keeping
9 accounts.
10 (8) In the conduct of any hearing authorized to be held
11 by the commission, to examine, or cause to be examined, under
12 oath, any licensee, and to examine or cause to be examined
13 the books and records of such licensee; to hear testimony and
14 take proof material for its information in the discharge of
15 its duties hereunder; to administer or cause to be
16 administered oaths; and for any such purpose to issue
17 subpoena or subpoenas to require the attendance of witnesses
18 and the production of books, which shall be effective in any
19 part of this State.
20 Any Circuit Court may by order duly entered, require the
21 attendance of witnesses and the production of relevant books
22 subpoenaed by the State commission and the court may compel
23 obedience to its order by proceedings for contempt.
24 (9) To investigate the administration of laws in
25 relation to alcoholic liquors in this and other states and
26 any foreign countries, and to recommend from time to time to
27 the Governor and through him or her to the legislature of
28 this State, such amendments to this Act, if any, as it may
29 think desirable and as will serve to further the general
30 broad purposes contained in Section 1-2 hereof.
31 (10) To adopt such rules and regulations consistent with
32 the provisions of this Act which shall be necessary for the
33 control, sale or disposition of alcoholic liquor damaged as a
34 result of an accident, wreck, flood, fire or other similar
HB0679 Engrossed -5- LRB9002504LDmbA
1 occurrence.
2 (11) To develop industry educational programs related to
3 responsible serving and selling, particularly in the areas of
4 overserving consumers and illegal underage purchasing and
5 consumption of alcoholic beverages.
6 (12) To develop and maintain a repository of license and
7 regulatory information.
8 (13) On or before January 15, 1994, the Commission shall
9 issue a written report to the Governor and General Assembly
10 that is to be based on a comprehensive study of the impact on
11 and implications for the State of Illinois of Section 1926 of
12 the Federal ADAMHA Reorganization Act of 1992 (Public Law
13 102-321). This study shall address the extent to which
14 Illinois currently complies with the provisions of P.L.
15 102-321 and the rules promulgated pursuant thereto.
16 As part of its report, the Commission shall provide the
17 following essential information:
18 (i) the number of retail distributors of tobacco
19 products, by type and geographic area, in the State;
20 (ii) the number of reported citations and
21 successful convictions, categorized by type and location
22 of retail distributor, for violation of the Sale of
23 Tobacco to Minors Act and the Smokeless Tobacco
24 Limitation Act;
25 (iii) the extent and nature of organized
26 educational and governmental activities that are intended
27 to promote, encourage or otherwise secure compliance with
28 any Illinois laws that prohibit the sale or distribution
29 of tobacco products to minors; and
30 (iv) the level of access and availability of
31 tobacco products to individuals under the age of 18.
32 To obtain the data necessary to comply with the
33 provisions of P.L. 102-321 and the requirements of this
34 report, the Commission shall conduct random, unannounced
HB0679 Engrossed -6- LRB9002504LDmbA
1 inspections of a geographically and scientifically
2 representative sample of the State's retail tobacco
3 distributors.
4 The Commission shall consult with the Department of
5 Public Health, the Department of Alcoholism and Substance
6 Abuse, the Illinois State Police and any other executive
7 branch agency, and private organizations that may have
8 information relevant to this report.
9 (Source: P.A. 88-91; 88-418; 88-670, eff. 12-2-94.)
10 (Text of Section after amendment by P.A. 89-507)
11 Sec. 3-12. The State commission shall have the following
12 powers, functions and duties:
13 (1) To receive applications and to issue licenses to
14 manufacturers, foreign importers, importing distributors,
15 distributors, non-resident dealers, on premise consumption
16 retailers, off premise sale retailers, special event retailer
17 licensees, special use permit licenses, auction liquor
18 licenses, brew pubs, caterer retailers, non-beverage users,
19 railroads, including owners and lessees of sleeping, dining
20 and cafe cars, airplanes and boats, in accordance with the
21 provisions of this Act, and to suspend or revoke such
22 licenses upon the State commission's determination, upon
23 notice after hearing, that a licensee has violated any
24 provision of this Act or any rule or regulation issued
25 pursuant thereto and in effect for 30 days prior to such
26 violation.
27 In lieu of suspending or revoking a license, the
28 commission may impose a fine, upon the State commission's
29 determination and notice after hearing, that a licensee has
30 violated any provision of this Act or any rule or regulation
31 issued pursuant thereto and in effect for 30 days prior to
32 such violation. The fine imposed under this paragraph may
33 not exceed $500 for each violation. Each day that the
34 activity, which gave rise to the original fine, continues is
HB0679 Engrossed -7- LRB9002504LDmbA
1 a separate violation. The maximum fine that may be levied
2 against any licensee, for the period of the license, shall
3 not exceed $20,000. The maximum penalty that may be imposed
4 on a licensee for selling a bottle of alcoholic liquor with a
5 foreign object in it or serving from a bottle of alcoholic
6 liquor with a foreign object in it shall be the destruction
7 of that bottle of alcoholic liquor for the first 10 bottles
8 so sold or served from by the licensee. For the eleventh
9 bottle of alcoholic liquor and for each third bottle
10 thereafter sold or served from by the licensee with a foreign
11 object in it, the maximum penalty that may be imposed on the
12 licensee is the destruction of the bottle of alcoholic liquor
13 and a fine of up to $50.
14 (2) To adopt such rules and regulations consistent with
15 the provisions of this Act which shall be necessary to carry
16 on its functions and duties to the end that the health,
17 safety and welfare of the People of the State of Illinois
18 shall be protected and temperance in the consumption of
19 alcoholic liquors shall be fostered and promoted and to
20 distribute copies of such rules and regulations to all
21 licensees affected thereby.
22 (3) To call upon other administrative departments of the
23 State, county and municipal governments, county and city
24 police departments and upon prosecuting officers for such
25 information and assistance as it deems necessary in the
26 performance of its duties.
27 (4) To recommend to local commissioners rules and
28 regulations, not inconsistent with the law, for the
29 distribution and sale of alcoholic liquors throughout the
30 State.
31 (5) To inspect, or cause to be inspected, any premises
32 where alcoholic liquors are manufactured, distributed or
33 sold.
34 (6) To hear and determine appeals from orders of a local
HB0679 Engrossed -8- LRB9002504LDmbA
1 commission in accordance with the provisions of this Act, as
2 hereinafter set forth. Hearings under this subsection shall
3 be held in Springfield or Chicago, at whichever location is
4 the more convenient for the majority of persons who are
5 parties to the hearing.
6 (7) The commission shall establish uniform systems of
7 accounts to be kept by all retail licensees having more than
8 4 employees, and for this purpose the commission may classify
9 all retail licensees having more than 4 employees and
10 establish a uniform system of accounts for each class and
11 prescribe the manner in which such accounts shall be kept.
12 The commission may also prescribe the forms of accounts to be
13 kept by all retail licensees having more than 4 employees,
14 including but not limited to accounts of earnings and
15 expenses and any distribution, payment, or other distribution
16 of earnings or assets, and any other forms, records and
17 memoranda which in the judgment of the commission may be
18 necessary or appropriate to carry out any of the provisions
19 of this Act, including but not limited to such forms, records
20 and memoranda as will readily and accurately disclose at all
21 times the beneficial ownership of such retail licensed
22 business. The accounts, forms, records and memoranda shall
23 be available at all reasonable times for inspection by
24 authorized representatives of the State commission or by any
25 local liquor control commissioner or his or her authorized
26 representative. The commission, may, from time to time,
27 alter, amend or repeal, in whole or in part, any uniform
28 system of accounts, or the form and manner of keeping
29 accounts.
30 (8) In the conduct of any hearing authorized to be held
31 by the commission, to examine, or cause to be examined, under
32 oath, any licensee, and to examine or cause to be examined
33 the books and records of such licensee; to hear testimony and
34 take proof material for its information in the discharge of
HB0679 Engrossed -9- LRB9002504LDmbA
1 its duties hereunder; to administer or cause to be
2 administered oaths; and for any such purpose to issue
3 subpoena or subpoenas to require the attendance of witnesses
4 and the production of books, which shall be effective in any
5 part of this State.
6 Any Circuit Court may by order duly entered, require the
7 attendance of witnesses and the production of relevant books
8 subpoenaed by the State commission and the court may compel
9 obedience to its order by proceedings for contempt.
10 (9) To investigate the administration of laws in
11 relation to alcoholic liquors in this and other states and
12 any foreign countries, and to recommend from time to time to
13 the Governor and through him or her to the legislature of
14 this State, such amendments to this Act, if any, as it may
15 think desirable and as will serve to further the general
16 broad purposes contained in Section 1-2 hereof.
17 (10) To adopt such rules and regulations consistent with
18 the provisions of this Act which shall be necessary for the
19 control, sale or disposition of alcoholic liquor damaged as a
20 result of an accident, wreck, flood, fire or other similar
21 occurrence.
22 (11) To develop industry educational programs related to
23 responsible serving and selling, particularly in the areas of
24 overserving consumers and illegal underage purchasing and
25 consumption of alcoholic beverages.
26 (12) To develop and maintain a repository of license and
27 regulatory information.
28 (13) On or before January 15, 1994, the Commission shall
29 issue a written report to the Governor and General Assembly
30 that is to be based on a comprehensive study of the impact on
31 and implications for the State of Illinois of Section 1926 of
32 the Federal ADAMHA Reorganization Act of 1992 (Public Law
33 102-321). This study shall address the extent to which
34 Illinois currently complies with the provisions of P.L.
HB0679 Engrossed -10- LRB9002504LDmbA
1 102-321 and the rules promulgated pursuant thereto.
2 As part of its report, the Commission shall provide the
3 following essential information:
4 (i) the number of retail distributors of tobacco
5 products, by type and geographic area, in the State;
6 (ii) the number of reported citations and
7 successful convictions, categorized by type and location
8 of retail distributor, for violation of the Sale of
9 Tobacco to Minors Act and the Smokeless Tobacco
10 Limitation Act;
11 (iii) the extent and nature of organized
12 educational and governmental activities that are intended
13 to promote, encourage or otherwise secure compliance with
14 any Illinois laws that prohibit the sale or distribution
15 of tobacco products to minors; and
16 (iv) the level of access and availability of
17 tobacco products to individuals under the age of 18.
18 To obtain the data necessary to comply with the
19 provisions of P.L. 102-321 and the requirements of this
20 report, the Commission shall conduct random, unannounced
21 inspections of a geographically and scientifically
22 representative sample of the State's retail tobacco
23 distributors.
24 The Commission shall consult with the Department of
25 Public Health, the Department of Human Services, the Illinois
26 State Police and any other executive branch agency, and
27 private organizations that may have information relevant to
28 this report.
29 (Source: P.A. 88-91; 88-418; 88-670, eff. 12-2-94; 89-507,
30 eff. 7-1-97.)
31 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
32 Sec. 5-1. Licenses issued by the Illinois Liquor Control
33 Commission shall be of the following classes:
HB0679 Engrossed -11- LRB9002504LDmbA
1 (a) Manufacturer's license - Class 1. Distiller, Class
2 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
3 Manufacturer, Class 5. Second Class Wine Manufacturer,
4 Class 6. First Class Winemaker, Class 7. Second Class
5 Winemaker, Class 8. Limited Wine Manufacturer,
6 (b) Distributor's license,
7 (c) Importing Distributor's license,
8 (d) Retailer's license,
9 (e) Special Event Retailer's license (not-for-profit),
10 (f) Railroad license,
11 (g) Boat license,
12 (h) Non-Beverage User's license,
13 (i) Wine-maker's retail license,
14 (j) Airplane license,
15 (k) Foreign importer's license,
16 (l) Broker's license,
17 (m) Non-resident dealer's license,
18 (n) Brew Pub license,
19 (o) Auction liquor license,
20 (p) Caterer retailer license,
21 (q) Special use permit license.
22 Nothing in this provision, nor in any subsequent
23 provision of this Act shall be interpreted as forbidding an
24 individual or firm from concurrently obtaining and holding a
25 Winemaker's and a Wine manufacturer's license.
26 (a) A manufacturer's license shall allow the
27 manufacture, importation in bulk, storage, distribution and
28 sale of alcoholic liquor to persons without the State, as may
29 be permitted by law and to licensees in this State as
30 follows:
31 Class 1. A Distiller may make sales and deliveries of
32 alcoholic liquor to distillers, rectifiers, importing
33 distributors, distributors and non-beverage users and to no
34 other licensees.
HB0679 Engrossed -12- LRB9002504LDmbA
1 Class 2. A Rectifier, who is not a distiller, as defined
2 herein, may make sales and deliveries of alcoholic liquor to
3 rectifiers, importing distributors, distributors, retailers
4 and non-beverage users and to no other licensees.
5 Class 3. A Brewer may make sales and deliveries of beer
6 to importing distributors, distributors, and to
7 non-licensees, and to retailers provided the brewer obtains
8 an importing distributor's license or distributor's license
9 in accordance with the provisions of this Act.
10 Class 4. A first class wine-manufacturer may make sales
11 and deliveries of between 40,000 and 50,000 gallons of wine
12 to manufacturers, importing distributors and distributors,
13 and to no other licensees.
14 Class 5. A second class Wine manufacturer may make sales
15 and deliveries of more than 50,000 gallons of wine to
16 manufacturers, importing distributors and distributors and to
17 no other licensees.
18 Class 6. A first-class wine-maker's license shall allow
19 the manufacture of less than 20,000 gallons of wine per year,
20 and the storage and sale of such wine to distributors and
21 retailers in the State and to persons without the State, as
22 may be permitted by law.
23 Class 7. A second-class wine-maker's license shall allow
24 the manufacture of up to 50,000 gallons of wine per year, and
25 the storage and sale of such wine to distributors in this
26 State and to persons without the State, as may be permitted
27 by law. A second-class wine-maker's license shall allow the
28 sale of no more than 10,000 gallons of the licensee's wine
29 directly to retailers.
30 Class 8. A limited wine-manufacturer may make sales and
31 deliveries not to exceed 40,000 gallons of wine per year to
32 distributors, and to non-licensees in accordance with the
33 provisions of this Act.
34 (a-1) A manufacturer which is licensed in this State to
HB0679 Engrossed -13- LRB9002504LDmbA
1 make sales or deliveries of alcoholic liquor and which
2 enlists agents, representatives, or individuals acting on its
3 behalf who contact licensed retailers on a regular and
4 continual basis in this State must register those agents,
5 representatives, or persons acting on its behalf with the
6 State Commission.
7 Registration of agents, representatives, or persons
8 acting on behalf of a manufacturer is fulfilled by submitting
9 a form to the Commission. The form shall be developed by the
10 Commission and shall include the name and address of the
11 applicant, the name and address of the manufacturer he or she
12 represents, the territory or areas assigned to sell to or
13 discuss pricing terms of alcoholic liquor, and any other
14 questions deemed appropriate and necessary. All statements
15 in the forms required to be made by law or by rule shall be
16 deemed material, and any person who knowingly misstates any
17 material fact under oath in an application is guilty of a
18 Class B misdemeanor. Fraud, misrepresentation, false
19 statements, misleading statements, evasions, or suppression
20 of material facts in the securing of a registration are
21 grounds for suspension or revocation of the registration.
22 (b) A distributor's license shall allow the wholesale
23 purchase and storage of alcoholic liquors and sale of
24 alcoholic liquors to licensees in this State and to persons
25 without the State, as may be permitted by law.
26 (c) An importing distributor's license may be issued to
27 and held by those only who are duly licensed distributors,
28 upon the filing of an application by a duly licensed
29 distributor, with the Commission and the Commission shall,
30 without the payment of any fee, immediately issue such
31 importing distributor's license to the applicant, which shall
32 allow the importation of alcoholic liquor by the licensee
33 into this State from any point in the United States outside
34 this State, and the purchase of alcoholic liquor in barrels,
HB0679 Engrossed -14- LRB9002504LDmbA
1 casks or other bulk containers and the bottling of such
2 alcoholic liquors before resale thereof, but all bottles or
3 containers so filled shall be sealed, labeled, stamped and
4 otherwise made to comply with all provisions, rules and
5 regulations governing manufacturers in the preparation and
6 bottling of alcoholic liquors. The importing distributor's
7 license shall permit such licensee to purchase alcoholic
8 liquor from Illinois licensed non-resident dealers and
9 foreign importers only.
10 (d) A retailer's license shall allow the licensee to
11 sell and offer for sale at retail, only in the premises
12 specified in such license, alcoholic liquor for use or
13 consumption, but not for resale in any form: Provided that
14 any retail license issued to a manufacturer shall only permit
15 such manufacturer to sell beer at retail on the premises
16 actually occupied by such manufacturer.
17 After January 1, 1995 there shall be 2 classes of
18 licenses issued under a retailers license.
19 (1) A "retailers on premise consumption license"
20 shall allow the licensee to sell and offer for sale at
21 retail, only on the premises specified in the license,
22 alcoholic liquor for use or consumption on the premises
23 or on and off the premises, but not for resale in any
24 form.
25 (2) An "off premise sale license" shall allow the
26 licensee to sell, or offer for sale at retail, alcoholic
27 liquor intended only for off premise consumption and not
28 for resale in any form.
29 Notwithstanding any other provision of this subsection
30 (d), a retail licensee may sell alcoholic liquors to a
31 special event retailer licensee for resale to the extent
32 permitted under subsection (e).
33 (e) A special event retailer's license (not-for-profit)
34 shall permit the licensee to purchase alcoholic liquors from
HB0679 Engrossed -15- LRB9002504LDmbA
1 an Illinois licensed distributor (unless the licensee
2 purchases less than $500 of alcoholic liquors for the special
3 event, in which case the licensee may purchase the alcoholic
4 liquors from a licensed retailer) and shall allow the
5 licensee to sell and offer for sale, at retail, alcoholic
6 liquors for use or consumption, but not for resale in any
7 form and only at the location and on the specific dates
8 designated for the special event in the license. An
9 applicant for a special event retailer license must also
10 submit with the application proof satisfactory to the State
11 Commission that the applicant will provide dram shop
12 liability insurance in the maximum limits and have local
13 authority approval.
14 (f) A railroad license shall permit the licensee to
15 import alcoholic liquors into this State from any point in
16 the United States outside this State and to store such
17 alcoholic liquors in this State; to make wholesale purchases
18 of alcoholic liquors directly from manufacturers, foreign
19 importers, distributors and importing distributors from
20 within or outside this State; and to store such alcoholic
21 liquors in this State; provided that the above powers may be
22 exercised only in connection with the importation, purchase
23 or storage of alcoholic liquors to be sold or dispensed on a
24 club, buffet, lounge or dining car operated on an electric,
25 gas or steam railway in this State; and provided further,
26 that railroad licensees exercising the above powers shall be
27 subject to all provisions of Article VIII of this Act as
28 applied to importing distributors. A railroad license shall
29 also permit the licensee to sell or dispense alcoholic
30 liquors on any club, buffet, lounge or dining car operated on
31 an electric, gas or steam railway regularly operated by a
32 common carrier in this State, but shall not permit the sale
33 for resale of any alcoholic liquors to any licensee within
34 this State. A license shall be obtained for each car in
HB0679 Engrossed -16- LRB9002504LDmbA
1 which such sales are made.
2 (g) A boat license shall allow the sale of alcoholic
3 liquor in individual drinks, on any passenger boat regularly
4 operated as a common carrier on navigable waters in this
5 State, which boat maintains a public dining room or
6 restaurant thereon.
7 (h) A non-beverage user's license shall allow the
8 licensee to purchase alcoholic liquor from a licensed
9 manufacturer or importing distributor, without the imposition
10 of any tax upon the business of such licensed manufacturer or
11 importing distributor as to such alcoholic liquor to be used
12 by such licensee solely for the non-beverage purposes set
13 forth in subsection (a) of Section 8-1 of this Act, and such
14 licenses shall be divided and classified and shall permit the
15 purchase, possession and use of limited and stated quantities
16 of alcoholic liquor as follows:
17 Class 1, not to exceed ....................... 500 gallons
18 Class 2, not to exceed ....................... 1,000 gallons
19 Class 3, not to exceed ....................... 5,000 gallons
20 Class 4, not to exceed ....................... 10,000 gallons
21 Class 5, not to exceed ....................... 50,000 gallons
22 (i) A wine-maker's retail license shall allow the
23 licensee to sell and offer for sale at retail in the premises
24 specified in such license not more than 50,000 gallons of
25 wine per year for use or consumption, but not for resale in
26 any form; this license shall be issued only to a person
27 licensed as a first-class or second-class wine-maker.
28 (j) An airplane license shall permit the licensee to
29 import alcoholic liquors into this State from any point in
30 the United States outside this State and to store such
31 alcoholic liquors in this State; to make wholesale purchases
32 of alcoholic liquors directly from manufacturers, foreign
33 importers, distributors and importing distributors from
34 within or outside this State; and to store such alcoholic
HB0679 Engrossed -17- LRB9002504LDmbA
1 liquors in this State; provided that the above powers may be
2 exercised only in connection with the importation, purchase
3 or storage of alcoholic liquors to be sold or dispensed on an
4 airplane; and provided further, that airplane licensees
5 exercising the above powers shall be subject to all
6 provisions of Article VIII of this Act as applied to
7 importing distributors. An airplane licensee shall also
8 permit the sale or dispensing of alcoholic liquors on any
9 passenger airplane regularly operated by a common carrier in
10 this State, but shall not permit the sale for resale of any
11 alcoholic liquors to any licensee within this State. A
12 single airplane license shall be required of an airline
13 company if liquor service is provided on board aircraft in
14 this State. The annual fee for such license shall be as
15 determined in Section 5-3.
16 (k) A foreign importer's license shall permit such
17 licensee to purchase alcoholic liquor from Illinois licensed
18 non-resident dealers only, and to import alcoholic liquor
19 other than in bulk from any point outside the United States
20 and to sell such alcoholic liquor to Illinois licensed
21 importing distributors and to no one else in Illinois.
22 (l) A broker's license shall be required of all brokers
23 who solicit orders for, offer to sell or offer to supply
24 alcoholic liquor to retailers in the State of Illinois, or
25 who offer to retailers to ship or cause to be shipped or to
26 make contact with distillers, rectifiers, brewers or
27 manufacturers or any other party within or without the State
28 of Illinois in order that alcoholic liquors be shipped to a
29 distributor, importing distributor or foreign importer,
30 whether such solicitation or offer is consummated within or
31 without the State of Illinois.
32 No holder of a retailer's license issued by the Illinois
33 Liquor Control Commission shall purchase or receive any
34 alcoholic liquor, the order for which was solicited or
HB0679 Engrossed -18- LRB9002504LDmbA
1 offered for sale to such retailer by a broker unless the
2 broker is the holder of a valid broker's license.
3 The broker shall, upon the acceptance by a retailer of
4 the broker's solicitation of an order or offer to sell or
5 supply or deliver or have delivered alcoholic liquors,
6 promptly forward to the Illinois Liquor Control Commission a
7 notification of said transaction in such form as the
8 Commission may by regulations prescribe.
9 Such license shall not entitle the holder to buy or sell
10 any alcoholic liquors for his own account or to take or
11 deliver title to such alcoholic liquors.
12 This subsection shall not apply to distributors,
13 employees of distributors, or employees of a manufacturer who
14 has registered the trademark, brand or name of the alcoholic
15 liquor pursuant to Section 6-9 of this Act, and who regularly
16 sells such alcoholic liquor in the State of Illinois only to
17 its registrants thereunder.
18 Any agent, representative, or person subject to
19 registration pursuant to subsection (a-1) of this Section
20 shall not be eligible to receive a broker's license.
21 (m) A non-resident dealer's license shall permit such
22 licensee to ship into and warehouse alcoholic liquor into
23 this State from any point outside of this State, and to sell
24 such alcoholic liquor to Illinois licensed foreign importers
25 and importing distributors and to no one else in this State;
26 provided that said non-resident dealer shall register with
27 the Illinois Liquor Control Commission each and every brand
28 of alcoholic liquor which it proposes to sell to Illinois
29 licensees during the license period; and further provided
30 that it shall comply with all of the provisions of Section
31 6-9 hereof with respect to registration of such Illinois
32 licensees as may be granted the right to sell such brands at
33 wholesale.
34 (n) A brew pub license shall allow the licensee to
HB0679 Engrossed -19- LRB9002504LDmbA
1 manufacture beer only on the premises specified in the
2 license, to make sales of the beer manufactured on the
3 premises to importing distributors, distributors, and to
4 non-licensees for use and consumption, to store the beer upon
5 the premises, and to sell and offer for sale at retail from
6 the licensed premises, provided that a brew pub licensee
7 shall not sell for off-premises consumption more than 50,000
8 gallons per year.
9 (o) A caterer retailer license shall allow the holder to
10 serve alcoholic liquors as an incidental part of a food
11 service that serves prepared meals which excludes the serving
12 of snacks as the primary meal, either on or off-site whether
13 licensed or unlicensed.
14 (p) An auction liquor license shall allow the licensee
15 to sell and offer for sale at auction wine and spirits for
16 use or consumption, or for resale by an Illinois liquor
17 licensee in accordance with provisions of this Act. An
18 auction liquor license will be issued to a person and it will
19 permit the auction liquor licensee to hold the auction
20 anywhere in the State. An auction liquor license must be
21 obtained for each auction at least 14 days in advance of the
22 auction date.
23 (q) A special use permit license shall allow an Illinois
24 licensed retailer to transfer a portion of its alcoholic
25 liquor inventory from its retail licensed premises to the
26 premises specified in the license hereby created, and to sell
27 or offer for sale at retail, only in the premises specified
28 in the license hereby created, the transferred alcoholic
29 liquor for use or consumption, but not for resale in any
30 form. A special use permit license may be granted for the
31 following time periods: one day or less; 2 or more days to a
32 maximum of 15 days per location in any 12 month period. An
33 applicant for the special use permit license must also submit
34 with the application proof satisfactory to the State
HB0679 Engrossed -20- LRB9002504LDmbA
1 Commission that the applicant will provide dram shop
2 liability insurance to the maximum limits and have local
3 authority approval.
4 (Source: P.A. 88-91; 88-303; 88-535; 88-645, eff. 9-9-94;
5 89-45, eff. 6-23-95; 89-218, eff. 1-1-96; 89-626, eff.
6 8-9-96.)
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,
32 give, lend or rent, install, repair or maintain, to or for
33 any retail licensee in this State, any signs or inside
HB0679 Engrossed -21- LRB9002504LDmbA
1 advertising materials except as provided in this Section and
2 Section 6-5. With respect to retail licensees, other than any
3 government owned or operated auditorium, exhibition hall,
4 recreation facility or other similar facility holding a
5 retailer's license as described in Section 6-5, a
6 manufacturer, distributor, or importing distributor may
7 furnish, give, lend or rent and erect, install, repair and
8 maintain to or for any retail licensee, for use at any one
9 time in or about or in connection with a retail establishment
10 on which the products of the manufacturer, distributor or
11 importing distributor are sold, the following signs and
12 inside advertising materials as authorized in subparts (i),
13 (ii), (iii), and (iv):
14 (i) Permanent outside signs shall be limited to one
15 outside sign, per brand, in place and in use at any one
16 time, costing not more than $893, exclusive of erection,
17 installation, repair and maintenance costs, and permit
18 fees and shall bear only the manufacturer's name, brand
19 name, trade name, slogans, markings, trademark, or other
20 symbols commonly associated with and generally used in
21 identifying the product including, but not limited to,
22 "cold beer", "on tap", "carry out", and "packaged
23 liquor".
24 (ii) Temporary outside signs shall be limited to
25 one temporary outside sign per brand. Examples of
26 temporary outside signs are banners, flags, pennants,
27 streamers, and other items of a temporary and
28 non-permanent nature. Each temporary outside sign must
29 include the manufacturer's name, brand name, trade name,
30 slogans, markings, trademark, or other symbol commonly
31 associated with and generally used in identifying the
32 product. Temporary outside signs may also include, for
33 example, the product, price, packaging, date or dates of
34 a promotion and an announcement of a retail licensee's
HB0679 Engrossed -22- LRB9002504LDmbA
1 specific sponsored event, if the temporary outside sign
2 is intended to promote a product, and provided that the
3 announcement of the retail licensee's event and the
4 product promotion are held simultaneously. However,
5 temporary outside signs may not include names, slogans,
6 markings, or logos that relate to the retailer. Nothing
7 in this subpart (ii) shall prohibit a distributor or
8 importing distributor from bearing the cost of creating
9 or printing a temporary outside sign for the retail
10 licensee's specific sponsored event or from bearing the
11 cost of creating or printing a temporary sign for a
12 retail licensee containing, for example, community
13 goodwill expressions, regional sporting event
14 announcements, or seasonal messages, provided that the
15 primary purpose of the temporary outside sign is to
16 highlight, promote, or advertise the product. In
17 addition, temporary outside signs provided by the
18 manufacturer to the distributor or importing distributor
19 may also include, for example, subject to the limitations
20 of this Section, preprinted community goodwill
21 expressions, sporting event announcements, seasonal
22 messages, and manufacturer promotional announcements.
23 However, a distributor or importing distributor shall not
24 bear the cost of such manufacturer preprinted signs.
25 (iii) Permanent inside signs, whether visible from
26 the outside or the inside of the premises, include, but
27 are not limited to: alcohol lists and menus that may
28 include names, slogans, markings, or logos that relate to
29 the retailer; for example, neons;, illuminated signs;,
30 clocks;, table lamps;, mirrors;, tap handles;, window trim, and
32 spirits or wine lists and menus. All permanent inside
33 signs in place and in use at any one time shall cost in
34 the aggregate not more than $2000 per manufacturer. A
HB0679 Engrossed -23- LRB9002504LDmbA
1 permanent inside sign must include the manufacturer's
2 name, brand name, trade name, slogans, markings,
3 trademark, or other symbol commonly associated with and
4 generally used in identifying the product. However,
5 permanent inside signs may not include names, slogans,
6 markings, or logos that relate to the retailer. For the
7 purpose of this subpart (iii), all permanent inside signs
8 may be displayed in an adjacent courtyard or patio
9 commonly referred to as a "beer garden" that is a part of
10 the retailer's licensed 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,
20 glassware and cups shall not be deemed to be inside signs
21 or advertising materials and may only not be sold
22 provided to retailers. All temporary inside signs and
23 inside advertising materials in place and in use at any
24 one time shall cost in the aggregate not more than $325
25 per manufacturer. Nothing in this subpart (iv) prohibits
26 a distributor or importing distributor from paying the
27 cost of printing or creating any temporary inside banner
28 or inserts for acrylic table tent beverage or hors
29 d'oeuvre list holders for a retail licensee, provided
30 that the primary purpose for the banner or insert is to
31 highlight, promote, or advertise the product. For the
32 purpose of this subpart (iv), all temporary inside signs
33 and inside advertising materials may be displayed in an
34 adjacent courtyard or patio commonly referred to as a
HB0679 Engrossed -24- LRB9002504LDmbA
1 "beer garden" that is a part of the retailer's licensed
2 premises.
3 A "cost adjustment factor" shall be used to periodically
4 update the dollar limitations prescribed in subparts (i),
5 (iii), and (iv). The Commission shall establish the adjusted
6 dollar limitation on an annual basis beginning in January,
7 1997. The term "cost adjustment factor" means a percentage
8 equal to the change in the Bureau of Labor Statistics
9 Consumer Price Index or 5%, whichever is greater. The
10 restrictions contained in this Section 6-6 do not apply to
11 signs, or promotional or advertising materials furnished by
12 manufacturers, distributors or importing distributors to a
13 government owned or operated facility holding a retailer's
14 license as described in Section 6-5.
15 No distributor or importing distributor shall directly or
16 indirectly or through a subsidiary or affiliate, or by any
17 officer, director or firm of such manufacturer, distributor
18 or importing distributor, furnish, give, lend or rent,
19 install, repair or maintain, to or for any retail licensee in
20 this State, any signs or inside advertising materials
21 described in subparts (i), (ii), (iii), or (iv) of this
22 Section except as the agent for or on behalf of a
23 manufacturer, provided that the total cost of any signs and
24 inside advertising materials including but not limited to
25 labor, erection, installation and permit fees shall be paid
26 by the manufacturer whose product or products said signs, and
27 inside advertising materials advertise and except as herein
28 provided.
29 No person engaged in the business of manufacturing,
30 importing or distributing alcoholic liquors shall, directly
31 or indirectly, pay for, or advance, furnish, or lend money
32 for the payment of any license for another. Any licensee who
33 shall permit or assent, or be a party in any way to any
34 violation or infringement of the provisions of this Section
HB0679 Engrossed -25- LRB9002504LDmbA
1 shall be deemed guilty of a violation of this Act, and any
2 money loaned contrary to a provision of this Act shall not be
3 recovered back, or any note, mortgage or other evidence of
4 indebtedness, or security, or any lease or contract obtained
5 or made contrary to this Act shall be unenforceable and void.
6 This Section shall not apply to airplane licensees
7 exercising powers provided in paragraph (i) of Section 5-1 of
8 this Act.
9 (Source: P.A. 89-238, eff. 8-4-95; 89-529, eff. 7-19-96.)
10 (235 ILCS 5/6-6.5 new)
11 Sec. 6-6.5. Sanitation. A manufacturer, distributor, or
12 importing distributor may sell coil cleaning services to a
13 retail licensee at fair market cost.
14 A manufacturer, distributor, or importing distributor may
15 sell dispensing accessories to retail licensees at a price
16 not less than the cost to the manufacturer, distributor, or
17 importing distributor who initially purchased them.
18 Dispensing accessories include, but are not limited to, items
19 such as standards, faucets, cold plates, rods, vents, taps,
20 tap standards, hoses, washers, couplings, gas gauges, vent
21 tongues, shanks, and check valves.
22 Coil cleaning supplies consisting of detergents, cleaning
23 chemicals, brushes, or similar type cleaning devices may be
24 sold at a price not less than the cost to the manufacturer,
25 distributor, or importing distributor.
26 (235 ILCS 5/6-16) (from Ch. 43, par. 131)
27 Sec. 6-16. Prohibited sales and possession.
28 (a) No licensee nor any officer, associate, member,
29 representative, agent, or employee of such licensee shall
30 sell, give, or deliver alcoholic liquor to any person under
31 the age of 21 years or to any intoxicated person. No person,
32 after purchasing or otherwise obtaining alcoholic liquor,
HB0679 Engrossed -26- LRB9002504LDmbA
1 shall sell, give, or deliver such alcoholic liquor to another
2 person under the age of 21 years, except in the performance
3 of a religious ceremony or service. Any person who violates
4 the provisions of this paragraph of this subsection (a) is
5 guilty of a Class A misdemeanor and the person's sentence
6 shall include, but shall not be limited to, a fine of not
7 less than $500. If a licensee or officer, associate, member,
8 representative, agent, or employee of the licensee is
9 prosecuted under this paragraph of this subsection (a) for
10 selling, giving, or delivering alcoholic liquor to a person
11 under the age of 21 years, the person under 21 years of age
12 who attempted to buy or receive the alcoholic liquor shall be
13 prosecuted pursuant to Section 6-20 of this Act, unless the
14 person under 21 years of age was acting under the authority
15 of a law enforcement agency, the Illinois Liquor Control
16 Commission, or a local liquor control commissioner pursuant
17 to a plan or action to investigate, patrol, or conduct any
18 similar enforcement action.
19 For the purpose of preventing the violation of this
20 section, any licensee, or his agent or employee, may refuse
21 to sell or serve alcoholic beverages to any person who is
22 unable to produce adequate written evidence of identity and
23 of the fact that he or she is over the age of 21 years.
24 Adequate written evidence of age and identity of the
25 person is a document issued by a federal, state, county, or
26 municipal government, or subdivision or agency thereof,
27 including, but not limited to, a motor vehicle operator's
28 license, a registration certificate issued under the Federal
29 Selective Service Act, or an identification card issued to a
30 member of the Armed Forces. Proof that the
31 defendant-licensee, or his employee or agent, demanded, was
32 shown and reasonably relied upon such written evidence in any
33 transaction, forbidden by this Section is an affirmative
34 defense in any criminal prosecution therefor or to any
HB0679 Engrossed -27- LRB9002504LDmbA
1 proceedings for the suspension or revocation of any license
2 based thereon. It shall not, however, be an affirmative
3 defense if the agent or employee accepted the written
4 evidence knowing it to be false or fraudulent. If a false or
5 fraudulent Illinois driver's license or Illinois
6 identification card is presented by a person less than 21
7 years of age to a licensee or the licensee's agent or
8 employee for the purpose of ordering, purchasing, attempting
9 to purchase, or otherwise obtaining or attempting to obtain
10 the serving of any alcoholic beverage, the law enforcement
11 officer or agency investigating the incident shall, upon the
12 conviction of the person who presented the fraudulent license
13 or identification, make a report of the matter to the
14 Secretary of State on a form provided by the Secretary of
15 State.
16 However, no agent or employee of the licensee shall be
17 disciplined or discharged for selling or furnishing liquor to
18 a person under 21 years of age if the agent or employee
19 demanded and was shown, before furnishing liquor to a person
20 under 21 years of age, adequate written evidence of age and
21 identity of the person issued by a federal, state, county or
22 municipal government, or subdivision or agency thereof,
23 including but not limited to a motor vehicle operator's
24 license, a registration certificate issued under the Federal
25 Selective Service Act, or an identification card issued to a
26 member of the Armed Forces. This paragraph, however, shall
27 not apply if the agent or employee accepted the written
28 evidence knowing it to be false or fraudulent.
29 Any person who sells, gives, or furnishes to any person
30 under the age of 21 years any false or fraudulent written,
31 printed, or photostatic evidence of the age and identity of
32 such person or who sells, gives or furnishes to any person
33 under the age of 21 years evidence of age and identification
34 of any other person is guilty of a Class A misdemeanor and
HB0679 Engrossed -28- LRB9002504LDmbA
1 the person's sentence shall include, but shall not be limited
2 to, a fine of not less than $500.
3 Any person under the age of 21 years who presents or
4 offers to any licensee, his agent or employee, any written,
5 printed or photostatic evidence of age and identity that
6 which is false, fraudulent, or not actually his or her own
7 for the purpose of ordering, purchasing, attempting to
8 purchase or otherwise procuring or attempting to procure, the
9 serving of any alcoholic beverage, or who has in his or her
10 possession any false or fraudulent written, printed, or
11 photostatic evidence of age and identity, is guilty of a
12 Class A B misdemeanor and the person's sentence shall
13 include, but shall not be limited to, one of the following:
14 (i) a fine of not less than $500 and $250, or (ii) at least
15 25 hours of community service. If possible, any community
16 service shall be performed for an alcohol abuse prevention
17 program.
18 Any person under the age of 21 years who has any
19 alcoholic beverage in his or her possession on any street or
20 highway or in any public place or in any place open to the
21 public is guilty of a Class A B misdemeanor. This Section
22 does not apply to possession by a person under the age of 21
23 years making a delivery of an alcoholic beverage in pursuance
24 of the order of his or her parent or in pursuance of his or
25 her employment.
26 (a-1) It is unlawful for any parent or guardian to
27 permit his or her residence to be used by an invitee of the
28 parent's child or the guardian's ward, if the invitee is
29 under the age of 21, in a manner that constitutes a violation
30 of this Section. A parent or guardian is deemed to have
31 permitted his or her residence to be used in violation of
32 this Section if he or she knowingly authorizes, enables, or
33 permits such use to occur by failing to control access to
34 either the residence or the alcoholic liquor maintained in
HB0679 Engrossed -29- LRB9002504LDmbA
1 the residence. Any person who violates this subsection (a-1)
2 is guilty of a Class A misdemeanor and the person's sentence
3 shall include, but shall not be limited to, a fine of not
4 less than $500. Nothing in this subsection (a-1) shall be
5 construed to prohibit the giving of alcoholic liquor to a
6 person under the age of 21 years in the performance of a
7 religious ceremony or service.
8 (b) Except as otherwise provided in this Section whoever
9 violates this Section shall, in addition to other penalties
10 provided for in this Act, be guilty of a Class A misdemeanor.
11 (c) Any person shall be guilty of a Class A misdemeanor
12 where he or she knowingly permits a gathering at a residence
13 which he or she occupies of two or more persons where any one
14 or more of the persons is under 21 years of age and the
15 following factors also apply:
16 (1) the person occupying the residence knows that
17 any such person under the age of 21 is in possession of
18 or is consuming any alcoholic beverage; and
19 (2) the possession or consumption of the alcohol by
20 the person under 21 is not otherwise permitted by this
21 Act; and
22 (3) the person occupying the residence knows that
23 the person under the age of 21 leaves the residence in an
24 intoxicated condition.
25 For the purposes of this subsection (c) where the
26 residence has an owner and a tenant or lessee, there is a
27 rebuttable presumption that the residence is occupied only by
28 the tenant or lessee.
29 (d) Any person who rents a hotel or motel room from the
30 proprietor or agent thereof for the purpose of or with the
31 knowledge that such room shall be used for the consumption of
32 alcoholic liquor by persons under the age of 21 years shall
33 be guilty of a Class A misdemeanor.
34 (Source: P.A. 88-213; 88-613, eff. 1-1-95; 89-250, eff.
HB0679 Engrossed -30- LRB9002504LDmbA
1 1-1-96.)
2 (235 ILCS 5/6-20) (from Ch. 43, par. 134a)
3 Sec. 6-20. Any person to whom the sale, gift or delivery
4 of any alcoholic liquor is prohibited because of age shall
5 not purchase, or accept a gift of such alcoholic liquor or
6 have such alcoholic liquor in his possession.
7 If a licensee or his or her agents or employees believes
8 or has reason to believe that a sale or delivery of any
9 alcoholic liquor is prohibited because of the non-age of the
10 prospective recipient, he or she shall, before making such
11 sale or delivery demand presentation of some form of positive
12 identification, containing proof of age, issued by a public
13 officer in the performance of his or her official duties.
14 No person shall transfer, alter, or deface such an
15 identification card; use the identification card of another;
16 carry or use a false or forged identification card; or obtain
17 an identification card by means of false information. No
18 person shall purchase, accept delivery or have possession of
19 alcoholic liquor in violation of this Section. The
20 consumption of alcoholic liquor by any person under 21 years
21 of age is forbidden. Whoever violates any provisions of this
22 Section shall be guilty of a Class A C misdemeanor.
23 The possession and dispensing, or consumption by a person
24 under 21 years of age of alcoholic liquor in the performance
25 of a religious service or ceremony, or the consumption by a
26 person under 21 years of age under the direct supervision and
27 approval of the parents or parent or those persons standing
28 in loco parentis of such person under 21 years of age in the
29 privacy of a home, is not prohibited by this Act.
30 (Source: P.A. 83-834.)
31 (235 ILCS 5/6-28) (from Ch. 43, par. 144d)
32 Sec. 6-28. Happy hours prohibited. (a) All retail
HB0679 Engrossed -31- LRB9002504LDmbA
1 licensees shall maintain a schedule of the prices charged for
2 all drinks of alcoholic liquor to be served and consumed on
3 the licensed premises or in any room or part thereof.
4 Whenever a hotel or multi-use establishment which holds a
5 valid retailer's license operates on its premises more than
6 one establishment at which drinks of alcoholic liquor are
7 sold at retail, the hotel or multi-use establishment shall
8 maintain at each such establishment a separate schedule of
9 the prices charged for such drinks at that establishment.
10 (b) No retail licensee or employee or agent of such
11 licensee shall:
12 (1) serve 2 or more drinks of alcoholic liquor at one
13 time to one person for consumption by that one person, except
14 conducting product sampling pursuant to Section 6-31 or
15 selling or delivering wine by the bottle or carafe;
16 (2) sell, offer to sell or serve to any person an
17 unlimited number of drinks of alcoholic liquor during any set
18 period of time for a fixed price, except at private functions
19 not open to the general public;
20 (3) sell, offer to sell or serve any drink of alcoholic
21 liquor to any person on any one date at a reduced price other
22 than that charged other purchasers of drinks on that day
23 where such reduced price is a promotion to encourage
24 consumption of alcoholic liquor, except as authorized in
25 paragraph (7) of subsection (c);
26 (4) increase the volume of alcoholic liquor contained in
27 a drink, or the size of a drink of alcoholic liquor, without
28 increasing proportionately the price regularly charged for
29 the drink on that day;
30 (5) encourage or permit, on the licensed premises, any
31 game or contest which involves drinking alcoholic liquor or
32 the awarding of drinks of alcoholic liquor as prizes for such
33 game or contest on the licensed premises; or
34 (6) advertise or promote in any way, whether on or off
HB0679 Engrossed -32- LRB9002504LDmbA
1 the licensed premises, any of the practices prohibited under
2 paragraphs (1) through (5).
3 (c) Nothing in subsection (b) shall be construed to
4 prohibit a licensee from:
5 (1) offering free food or entertainment at any time;
6 (2) including drinks of alcoholic liquor as part of a
7 meal package;
8 (3) including drinks of alcoholic liquor as part of a
9 hotel package;
10 (4) negotiating drinks of alcoholic liquor as part of a
11 contract between a hotel or multi-use establishment and
12 another group for the holding of any function, meeting,
13 convention or trade show;
14 (5) providing room service to persons renting rooms at a
15 hotel;
16 (6) selling pitchers (or the equivalent, including but
17 not limited to buckets), carafes, or bottles of alcoholic
18 liquor which are customarily sold in such manner and
19 delivered to 2 or more persons at one time; or
20 (7) increasing prices of drinks of alcoholic liquor in
21 lieu of, in whole or in part, a cover charge to offset the
22 cost of special entertainment not regularly scheduled.
23 (d) A violation of this Act shall be grounds for
24 suspension or revocation of the retailer's license as
25 provided by this Act.
26 (Source: P.A. 86-462; 86-1028.)
27 (235 ILCS 5/6-31 new)
28 Sec. 6-31. Product sampling.
29 (a) Retailer, distributor, importing distributor,
30 manufacturer and nonresident dealer licensees may conduct
31 product sampling for consumption at a licensed retail
32 location. Up to 3 samples, consisting of no more than (i)
33 1/4 ounce of distilled spirits, (ii) one ounce of wine, or
HB0679 Engrossed -33- LRB9002504LDmbA
1 (iii) 2 ounces of beer may be served to a consumer in one
2 day.
3 (b) Notwithstanding the provisions of subsection (a), an
4 on-premises retail licensee may offer for sale and serve more
5 than one drink per person for sampling purposes without
6 violating paragraph (1) of subsection (b) of Section 6-28 of
7 this Act, provided the total quantity of the sampling
8 package, regardless of the number of containers in which the
9 alcoholic liquor is being served, does not exceed 1 ounce of
10 distilled spirits, 4 ounces of wine, or 12 ounces of beer.
11 In any event, all provisions of Section 6-28 shall apply to
12 an on-premises retail licensee that conducts product
13 sampling.
14 (235 ILCS 5/6-19 rep.)
15 Section 10. The Liquor Control Act of 1934 is amended by
16 repealing Section 6-19.
17 Section 95. No acceleration or delay. Where this Act
18 makes changes in a statute that is represented in this Act by
19 text that is not yet or no longer in effect (for example, a
20 Section represented by multiple versions), the use of that
21 text does not accelerate or delay the taking effect of (i)
22 the changes made by this Act or (ii) provisions derived from
23 any other Public Act.