[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 002 ] | [ Senate Amendment 001 ] |
90_HB0679ham001
LRB9002504LDdvam01
1 AMENDMENT TO HOUSE BILL 679
2 AMENDMENT NO. . Amend House Bill 679 by replacing
3 the title with the following:
4 "AN ACT to amend the Liquor Control Act by changing
5 Sections 1-3.33, 3-12, 5-1, 6-6, 6-16, and 6-20, adding
6 Sections 6-6.5 and 6-31, and repealing Section 6-19."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Liquor Control Act of 1934 is amended by
10 changing Sections 1-3.33, 3-12, 5-1, 6-6, 6-16, and 6-20 and
11 adding Sections 6-6.5 and 6-31 as follows:
12 (235 ILCS 5/1-3.33)
13 Sec. 1-3.33. "Brew Pub" means a person who manufactures
14 beer only at a designated premises to make sales to importing
15 distributors, distributors, and to non-licensees for use and
16 consumption only, who stores beer at the designated premises,
17 and who is allowed to sell at retail from the licensed
18 premises, provided that a brew pub licensee shall not sell
19 for off-premises consumption more than 5,000 gallons per
20 year.
21 (Source: P.A. 88-91.)
-2- LRB9002504LDdvam01
1 (235 ILCS 5/3-12) (from Ch. 43, par. 108)
2 (Text of Section before amendment by P.A. 89-507)
3 Sec. 3-12. The State commission shall have the following
4 powers, functions and duties:
5 (1) To receive applications and to issue licenses to
6 manufacturers, foreign importers, importing distributors,
7 distributors, non-resident dealers, on premise consumption
8 retailers, off premise sale retailers, special event retailer
9 licensees, special use permit licenses, auction liquor
10 licenses, brew pubs, caterer retailers, non-beverage users,
11 railroads, including owners and lessees of sleeping, dining
12 and cafe cars, airplanes and boats, in accordance with the
13 provisions of this Act, and to suspend or revoke such
14 licenses upon the State commission's determination, upon
15 notice after hearing, that a licensee has violated any
16 provision of this Act or any rule or regulation issued
17 pursuant thereto and in effect for 30 days prior to such
18 violation.
19 In lieu of suspending or revoking a license, the
20 commission may impose a fine, upon the State commission's
21 determination and notice after hearing, that a licensee has
22 violated any provision of this Act or any rule or regulation
23 issued pursuant thereto and in effect for 30 days prior to
24 such violation. The fine imposed under this paragraph may
25 not exceed $500 for each violation. Each day that the
26 activity, which gave rise to the original fine, continues is
27 a separate violation. The maximum fine that may be levied
28 against any licensee, for the period of the license, shall
29 not exceed $20,000. The maximum penalty that may be imposed
30 on a licensee for selling a bottle of alcoholic liquor with a
31 foreign object in it or serving from a bottle of alcoholic
32 liquor with a foreign object in it shall be the destruction
33 of that bottle of alcoholic liquor for the first 10 bottles
34 so sold or served from by the licensee. For the eleventh
-3- LRB9002504LDdvam01
1 bottle of alcoholic liquor and for each third bottle
2 thereafter sold or served from by the licensee with a foreign
3 object in it, the maximum penalty that may be imposed on the
4 licensee is the destruction of the bottle of alcoholic liquor
5 and a fine of up to $50. The maximum penalty for any other
6 bottle of alcoholic liquor sold or served from by a licensee
7 with a foreign object in it shall be the destruction of that
8 bottle of alcoholic liquor.
9 (2) To adopt such rules and regulations consistent with
10 the provisions of this Act which shall be necessary to carry
11 on its functions and duties to the end that the health,
12 safety and welfare of the People of the State of Illinois
13 shall be protected and temperance in the consumption of
14 alcoholic liquors shall be fostered and promoted and to
15 distribute copies of such rules and regulations to all
16 licensees affected thereby.
17 (3) To call upon other administrative departments of the
18 State, county and municipal governments, county and city
19 police departments and upon prosecuting officers for such
20 information and assistance as it deems necessary in the
21 performance of its duties.
22 (4) To recommend to local commissioners rules and
23 regulations, not inconsistent with the law, for the
24 distribution and sale of alcoholic liquors throughout the
25 State.
26 (5) To inspect, or cause to be inspected, any premises
27 where alcoholic liquors are manufactured, distributed or
28 sold.
29 (6) To hear and determine appeals from orders of a local
30 commission in accordance with the provisions of this Act, as
31 hereinafter set forth. Hearings under this subsection shall
32 be held in Springfield or Chicago, at whichever location is
33 the more convenient for the majority of persons who are
34 parties to the hearing.
-4- LRB9002504LDdvam01
1 (7) The commission shall establish uniform systems of
2 accounts to be kept by all retail licensees having more than
3 4 employees, and for this purpose the commission may classify
4 all retail licensees having more than 4 employees and
5 establish a uniform system of accounts for each class and
6 prescribe the manner in which such accounts shall be kept.
7 The commission may also prescribe the forms of accounts to be
8 kept by all retail licensees having more than 4 employees,
9 including but not limited to accounts of earnings and
10 expenses and any distribution, payment, or other distribution
11 of earnings or assets, and any other forms, records and
12 memoranda which in the judgment of the commission may be
13 necessary or appropriate to carry out any of the provisions
14 of this Act, including but not limited to such forms, records
15 and memoranda as will readily and accurately disclose at all
16 times the beneficial ownership of such retail licensed
17 business. The accounts, forms, records and memoranda shall
18 be available at all reasonable times for inspection by
19 authorized representatives of the State commission or by any
20 local liquor control commissioner or his or her authorized
21 representative. The commission, may, from time to time,
22 alter, amend or repeal, in whole or in part, any uniform
23 system of accounts, or the form and manner of keeping
24 accounts.
25 (8) In the conduct of any hearing authorized to be held
26 by the commission, to examine, or cause to be examined, under
27 oath, any licensee, and to examine or cause to be examined
28 the books and records of such licensee; to hear testimony and
29 take proof material for its information in the discharge of
30 its duties hereunder; to administer or cause to be
31 administered oaths; and for any such purpose to issue
32 subpoena or subpoenas to require the attendance of witnesses
33 and the production of books, which shall be effective in any
34 part of this State.
-5- LRB9002504LDdvam01
1 Any Circuit Court may by order duly entered, require the
2 attendance of witnesses and the production of relevant books
3 subpoenaed by the State commission and the court may compel
4 obedience to its order by proceedings for contempt.
5 (9) To investigate the administration of laws in
6 relation to alcoholic liquors in this and other states and
7 any foreign countries, and to recommend from time to time to
8 the Governor and through him or her to the legislature of
9 this State, such amendments to this Act, if any, as it may
10 think desirable and as will serve to further the general
11 broad purposes contained in Section 1-2 hereof.
12 (10) To adopt such rules and regulations consistent with
13 the provisions of this Act which shall be necessary for the
14 control, sale or disposition of alcoholic liquor damaged as a
15 result of an accident, wreck, flood, fire or other similar
16 occurrence.
17 (11) To develop industry educational programs related to
18 responsible serving and selling, particularly in the areas of
19 overserving consumers and illegal underage purchasing and
20 consumption of alcoholic beverages.
21 (12) To develop and maintain a repository of license and
22 regulatory information.
23 (13) On or before January 15, 1994, the Commission shall
24 issue a written report to the Governor and General Assembly
25 that is to be based on a comprehensive study of the impact on
26 and implications for the State of Illinois of Section 1926 of
27 the Federal ADAMHA Reorganization Act of 1992 (Public Law
28 102-321). This study shall address the extent to which
29 Illinois currently complies with the provisions of P.L.
30 102-321 and the rules promulgated pursuant thereto.
31 As part of its report, the Commission shall provide the
32 following essential information:
33 (i) the number of retail distributors of tobacco
34 products, by type and geographic area, in the State;
-6- LRB9002504LDdvam01
1 (ii) the number of reported citations and
2 successful convictions, categorized by type and location
3 of retail distributor, for violation of the Sale of
4 Tobacco to Minors Act and the Smokeless Tobacco
5 Limitation Act;
6 (iii) the extent and nature of organized
7 educational and governmental activities that are intended
8 to promote, encourage or otherwise secure compliance with
9 any Illinois laws that prohibit the sale or distribution
10 of tobacco products to minors; and
11 (iv) the level of access and availability of
12 tobacco products to individuals under the age of 18.
13 To obtain the data necessary to comply with the
14 provisions of P.L. 102-321 and the requirements of this
15 report, the Commission shall conduct random, unannounced
16 inspections of a geographically and scientifically
17 representative sample of the State's retail tobacco
18 distributors.
19 The Commission shall consult with the Department of
20 Public Health, the Department of Alcoholism and Substance
21 Abuse, the Illinois State Police and any other executive
22 branch agency, and private organizations that may have
23 information relevant to this report.
24 (Source: P.A. 88-91; 88-418; 88-670, eff. 12-2-94.)
25 (Text of Section after amendment by P.A. 89-507)
26 Sec. 3-12. The State commission shall have the following
27 powers, functions and duties:
28 (1) To receive applications and to issue licenses to
29 manufacturers, foreign importers, importing distributors,
30 distributors, non-resident dealers, on premise consumption
31 retailers, off premise sale retailers, special event retailer
32 licensees, special use permit licenses, auction liquor
33 licenses, brew pubs, caterer retailers, non-beverage users,
34 railroads, including owners and lessees of sleeping, dining
-7- LRB9002504LDdvam01
1 and cafe cars, airplanes and boats, in accordance with the
2 provisions of this Act, and to suspend or revoke such
3 licenses upon the State commission's determination, upon
4 notice after hearing, that a licensee has violated any
5 provision of this Act or any rule or regulation issued
6 pursuant thereto and in effect for 30 days prior to such
7 violation.
8 In lieu of suspending or revoking a license, the
9 commission may impose a fine, upon the State commission's
10 determination and notice after hearing, that a licensee has
11 violated any provision of this Act or any rule or regulation
12 issued pursuant thereto and in effect for 30 days prior to
13 such violation. The fine imposed under this paragraph may
14 not exceed $500 for each violation. Each day that the
15 activity, which gave rise to the original fine, continues is
16 a separate violation. The maximum fine that may be levied
17 against any licensee, for the period of the license, shall
18 not exceed $20,000. The maximum penalty that may be imposed
19 on a licensee for selling a bottle of alcoholic liquor with a
20 foreign object in it or serving from a bottle of alcoholic
21 liquor with a foreign object in it shall be the destruction
22 of that bottle of alcoholic liquor for the first 10 bottles
23 so sold or served from by the licensee. For the eleventh
24 bottle of alcoholic liquor and for each third bottle
25 thereafter sold or served from by the licensee with a foreign
26 object in it, the maximum penalty that may be imposed on the
27 licensee is the destruction of the bottle of alcoholic liquor
28 and a fine of up to $50. The maximum penalty for any other
29 bottle of alcoholic liquor sold or served from by a licensee
30 with a foreign object in it shall be the destruction of that
31 bottle of alcoholic liquor.
32 (2) To adopt such rules and regulations consistent with
33 the provisions of this Act which shall be necessary to carry
34 on its functions and duties to the end that the health,
-8- LRB9002504LDdvam01
1 safety and welfare of the People of the State of Illinois
2 shall be protected and temperance in the consumption of
3 alcoholic liquors shall be fostered and promoted and to
4 distribute copies of such rules and regulations to all
5 licensees affected thereby.
6 (3) To call upon other administrative departments of the
7 State, county and municipal governments, county and city
8 police departments and upon prosecuting officers for such
9 information and assistance as it deems necessary in the
10 performance of its duties.
11 (4) To recommend to local commissioners rules and
12 regulations, not inconsistent with the law, for the
13 distribution and sale of alcoholic liquors throughout the
14 State.
15 (5) To inspect, or cause to be inspected, any premises
16 where alcoholic liquors are manufactured, distributed or
17 sold.
18 (6) To hear and determine appeals from orders of a local
19 commission in accordance with the provisions of this Act, as
20 hereinafter set forth. Hearings under this subsection shall
21 be held in Springfield or Chicago, at whichever location is
22 the more convenient for the majority of persons who are
23 parties to the hearing.
24 (7) The commission shall establish uniform systems of
25 accounts to be kept by all retail licensees having more than
26 4 employees, and for this purpose the commission may classify
27 all retail licensees having more than 4 employees and
28 establish a uniform system of accounts for each class and
29 prescribe the manner in which such accounts shall be kept.
30 The commission may also prescribe the forms of accounts to be
31 kept by all retail licensees having more than 4 employees,
32 including but not limited to accounts of earnings and
33 expenses and any distribution, payment, or other distribution
34 of earnings or assets, and any other forms, records and
-9- LRB9002504LDdvam01
1 memoranda which in the judgment of the commission may be
2 necessary or appropriate to carry out any of the provisions
3 of this Act, including but not limited to such forms, records
4 and memoranda as will readily and accurately disclose at all
5 times the beneficial ownership of such retail licensed
6 business. The accounts, forms, records and memoranda shall
7 be available at all reasonable times for inspection by
8 authorized representatives of the State commission or by any
9 local liquor control commissioner or his or her authorized
10 representative. The commission, may, from time to time,
11 alter, amend or repeal, in whole or in part, any uniform
12 system of accounts, or the form and manner of keeping
13 accounts.
14 (8) In the conduct of any hearing authorized to be held
15 by the commission, to examine, or cause to be examined, under
16 oath, any licensee, and to examine or cause to be examined
17 the books and records of such licensee; to hear testimony and
18 take proof material for its information in the discharge of
19 its duties hereunder; to administer or cause to be
20 administered oaths; and for any such purpose to issue
21 subpoena or subpoenas to require the attendance of witnesses
22 and the production of books, which shall be effective in any
23 part of this State.
24 Any Circuit Court may by order duly entered, require the
25 attendance of witnesses and the production of relevant books
26 subpoenaed by the State commission and the court may compel
27 obedience to its order by proceedings for contempt.
28 (9) To investigate the administration of laws in
29 relation to alcoholic liquors in this and other states and
30 any foreign countries, and to recommend from time to time to
31 the Governor and through him or her to the legislature of
32 this State, such amendments to this Act, if any, as it may
33 think desirable and as will serve to further the general
34 broad purposes contained in Section 1-2 hereof.
-10- LRB9002504LDdvam01
1 (10) To adopt such rules and regulations consistent with
2 the provisions of this Act which shall be necessary for the
3 control, sale or disposition of alcoholic liquor damaged as a
4 result of an accident, wreck, flood, fire or other similar
5 occurrence.
6 (11) To develop industry educational programs related to
7 responsible serving and selling, particularly in the areas of
8 overserving consumers and illegal underage purchasing and
9 consumption of alcoholic beverages.
10 (12) To develop and maintain a repository of license and
11 regulatory information.
12 (13) On or before January 15, 1994, the Commission shall
13 issue a written report to the Governor and General Assembly
14 that is to be based on a comprehensive study of the impact on
15 and implications for the State of Illinois of Section 1926 of
16 the Federal ADAMHA Reorganization Act of 1992 (Public Law
17 102-321). This study shall address the extent to which
18 Illinois currently complies with the provisions of P.L.
19 102-321 and the rules promulgated pursuant thereto.
20 As part of its report, the Commission shall provide the
21 following essential information:
22 (i) the number of retail distributors of tobacco
23 products, by type and geographic area, in the State;
24 (ii) the number of reported citations and
25 successful convictions, categorized by type and location
26 of retail distributor, for violation of the Sale of
27 Tobacco to Minors Act and the Smokeless Tobacco
28 Limitation Act;
29 (iii) the extent and nature of organized
30 educational and governmental activities that are intended
31 to promote, encourage or otherwise secure compliance with
32 any Illinois laws that prohibit the sale or distribution
33 of tobacco products to minors; and
34 (iv) the level of access and availability of
-11- LRB9002504LDdvam01
1 tobacco products to individuals under the age of 18.
2 To obtain the data necessary to comply with the
3 provisions of P.L. 102-321 and the requirements of this
4 report, the Commission shall conduct random, unannounced
5 inspections of a geographically and scientifically
6 representative sample of the State's retail tobacco
7 distributors.
8 The Commission shall consult with the Department of
9 Public Health, the Department of Human Services, the Illinois
10 State Police and any other executive branch agency, and
11 private organizations that may have information relevant to
12 this report.
13 (Source: P.A. 88-91; 88-418; 88-670, eff. 12-2-94; 89-507,
14 eff. 7-1-97.)
15 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
16 Sec. 5-1. Licenses issued by the Illinois Liquor Control
17 Commission shall be of the following classes:
18 (a) Manufacturer's license - Class 1. Distiller, Class
19 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
20 Manufacturer, Class 5. Second Class Wine Manufacturer,
21 Class 6. First Class Winemaker, Class 7. Second Class
22 Winemaker, Class 8. Limited Wine Manufacturer,
23 (b) Distributor's license,
24 (c) Importing Distributor's license,
25 (d) Retailer's license,
26 (e) Special Event Retailer's license (not-for-profit),
27 (f) Railroad license,
28 (g) Boat license,
29 (h) Non-Beverage User's license,
30 (i) Wine-maker's retail license,
31 (j) Airplane license,
32 (k) Foreign importer's license,
33 (l) Broker's license,
-12- LRB9002504LDdvam01
1 (m) Non-resident dealer's license,
2 (n) Brew Pub license,
3 (o) Auction liquor license,
4 (p) Caterer retailer license,
5 (q) Special use permit license.
6 Nothing in this provision, nor in any subsequent
7 provision of this Act shall be interpreted as forbidding an
8 individual or firm from concurrently obtaining and holding a
9 Winemaker's and a Wine manufacturer's license.
10 (a) A manufacturer's license shall allow the
11 manufacture, importation in bulk, storage, distribution and
12 sale of alcoholic liquor to persons without the State, as may
13 be permitted by law and to licensees in this State as
14 follows:
15 Class 1. A Distiller may make sales and deliveries of
16 alcoholic liquor to distillers, rectifiers, importing
17 distributors, distributors and non-beverage users and to no
18 other licensees.
19 Class 2. A Rectifier, who is not a distiller, as defined
20 herein, may make sales and deliveries of alcoholic liquor to
21 rectifiers, importing distributors, distributors, retailers
22 and non-beverage users and to no other licensees.
23 Class 3. A Brewer may make sales and deliveries of beer
24 to importing distributors, distributors, and to
25 non-licensees, and to retailers provided the brewer obtains
26 an importing distributor's license or distributor's license
27 in accordance with the provisions of this Act.
28 Class 4. A first class wine-manufacturer may make sales
29 and deliveries of between 40,000 and 50,000 gallons of wine
30 to manufacturers, importing distributors and distributors,
31 and to no other licensees.
32 Class 5. A second class Wine manufacturer may make sales
33 and deliveries of more than 50,000 gallons of wine to
34 manufacturers, importing distributors and distributors and to
-13- LRB9002504LDdvam01
1 no other licensees.
2 Class 6. A first-class wine-maker's license shall allow
3 the manufacture of less than 20,000 gallons of wine per year,
4 and the storage and sale of such wine to distributors and
5 retailers in the State and to persons without the State, as
6 may be permitted by law.
7 Class 7. A second-class wine-maker's license shall allow
8 the manufacture of up to 50,000 gallons of wine per year, and
9 the storage and sale of such wine to distributors in this
10 State and to persons without the State, as may be permitted
11 by law. A second-class wine-maker's license shall allow the
12 sale of no more than 10,000 gallons of the licensee's wine
13 directly to retailers.
14 Class 8. A limited wine-manufacturer may make sales and
15 deliveries not to exceed 40,000 gallons of wine per year to
16 distributors, and to non-licensees in accordance with the
17 provisions of this Act.
18 (a-1) A manufacturer which is licensed in this State to
19 make sales or deliveries of alcoholic liquor and which
20 enlists agents, representatives, or individuals acting on its
21 behalf who contact licensed retailers on a regular and
22 continual basis in this State must register those agents,
23 representatives, or persons acting on its behalf with the
24 State Commission.
25 Registration of agents, representatives, or persons
26 acting on behalf of a manufacturer is fulfilled by submitting
27 a form to the Commission. The form shall be developed by the
28 Commission and shall include the name and address of the
29 applicant, the name and address of the manufacturer he or she
30 represents, the territory or areas assigned to sell to or
31 discuss pricing terms of alcoholic liquor, and any other
32 questions deemed appropriate and necessary. All statements
33 in the forms required to be made by law or by rule shall be
34 deemed material, and any person who knowingly misstates any
-14- LRB9002504LDdvam01
1 material fact under oath in an application is guilty of a
2 Class B misdemeanor. Fraud, misrepresentation, false
3 statements, misleading statements, evasions, or suppression
4 of material facts in the securing of a registration are
5 grounds for suspension or revocation of the registration.
6 (b) A distributor's license shall allow the wholesale
7 purchase and storage of alcoholic liquors and sale of
8 alcoholic liquors to licensees in this State and to persons
9 without the State, as may be permitted by law.
10 (c) An importing distributor's license may be issued to
11 and held by those only who are duly licensed distributors,
12 upon the filing of an application by a duly licensed
13 distributor, with the Commission and the Commission shall,
14 without the payment of any fee, immediately issue such
15 importing distributor's license to the applicant, which shall
16 allow the importation of alcoholic liquor by the licensee
17 into this State from any point in the United States outside
18 this State, and the purchase of alcoholic liquor in barrels,
19 casks or other bulk containers and the bottling of such
20 alcoholic liquors before resale thereof, but all bottles or
21 containers so filled shall be sealed, labeled, stamped and
22 otherwise made to comply with all provisions, rules and
23 regulations governing manufacturers in the preparation and
24 bottling of alcoholic liquors. The importing distributor's
25 license shall permit such licensee to purchase alcoholic
26 liquor from Illinois licensed non-resident dealers and
27 foreign importers only.
28 (d) A retailer's license shall allow the licensee to
29 sell and offer for sale at retail, only in the premises
30 specified in such license, alcoholic liquor for use or
31 consumption, but not for resale in any form: Provided that
32 any retail license issued to a manufacturer shall only permit
33 such manufacturer to sell beer at retail on the premises
34 actually occupied by such manufacturer.
-15- LRB9002504LDdvam01
1 After January 1, 1995 there shall be 2 classes of
2 licenses issued under a retailers license.
3 (1) A "retailers on premise consumption license"
4 shall allow the licensee to sell and offer for sale at
5 retail, only on the premises specified in the license,
6 alcoholic liquor for use or consumption on the premises
7 or on and off the premises, but not for resale in any
8 form.
9 (2) An "off premise sale license" shall allow the
10 licensee to sell, or offer for sale at retail, alcoholic
11 liquor intended only for off premise consumption and not
12 for resale in any form.
13 Notwithstanding any other provision of this subsection
14 (d), a retail licensee may sell alcoholic liquors to a
15 special event retailer licensee for resale to the extent
16 permitted under subsection (e).
17 (e) A special event retailer's license (not-for-profit)
18 shall permit the licensee to purchase alcoholic liquors from
19 an Illinois licensed distributor (unless the licensee
20 purchases less than $500 of alcoholic liquors for the special
21 event, in which case the licensee may purchase the alcoholic
22 liquors from a licensed retailer) and shall allow the
23 licensee to sell and offer for sale, at retail, alcoholic
24 liquors for use or consumption, but not for resale in any
25 form and only at the location and on the specific dates
26 designated for the special event in the license. An
27 applicant for a special event retailer license must also
28 submit with the application proof satisfactory to the State
29 Commission that the applicant will provide dram shop
30 liability insurance in the maximum limits and have local
31 authority approval.
32 (f) A railroad license shall permit the licensee to
33 import alcoholic liquors into this State from any point in
34 the United States outside this State and to store such
-16- LRB9002504LDdvam01
1 alcoholic liquors in this State; to make wholesale purchases
2 of alcoholic liquors directly from manufacturers, foreign
3 importers, distributors and importing distributors from
4 within or outside this State; and to store such alcoholic
5 liquors in this State; provided that the above powers may be
6 exercised only in connection with the importation, purchase
7 or storage of alcoholic liquors to be sold or dispensed on a
8 club, buffet, lounge or dining car operated on an electric,
9 gas or steam railway in this State; and provided further,
10 that railroad licensees exercising the above powers shall be
11 subject to all provisions of Article VIII of this Act as
12 applied to importing distributors. A railroad license shall
13 also permit the licensee to sell or dispense alcoholic
14 liquors on any club, buffet, lounge or dining car operated on
15 an electric, gas or steam railway regularly operated by a
16 common carrier in this State, but shall not permit the sale
17 for resale of any alcoholic liquors to any licensee within
18 this State. A license shall be obtained for each car in
19 which such sales are made.
20 (g) A boat license shall allow the sale of alcoholic
21 liquor in individual drinks, on any passenger boat regularly
22 operated as a common carrier on navigable waters in this
23 State, which boat maintains a public dining room or
24 restaurant thereon.
25 (h) A non-beverage user's license shall allow the
26 licensee to purchase alcoholic liquor from a licensed
27 manufacturer or importing distributor, without the imposition
28 of any tax upon the business of such licensed manufacturer or
29 importing distributor as to such alcoholic liquor to be used
30 by such licensee solely for the non-beverage purposes set
31 forth in subsection (a) of Section 8-1 of this Act, and such
32 licenses shall be divided and classified and shall permit the
33 purchase, possession and use of limited and stated quantities
34 of alcoholic liquor as follows:
-17- LRB9002504LDdvam01
1 Class 1, not to exceed ....................... 500 gallons
2 Class 2, not to exceed ....................... 1,000 gallons
3 Class 3, not to exceed ....................... 5,000 gallons
4 Class 4, not to exceed ....................... 10,000 gallons
5 Class 5, not to exceed ....................... 50,000 gallons
6 (i) A wine-maker's retail license shall allow the
7 licensee to sell and offer for sale at retail in the premises
8 specified in such license not more than 50,000 gallons of
9 wine per year for use or consumption, but not for resale in
10 any form; this license shall be issued only to a person
11 licensed as a first-class or second-class wine-maker.
12 (j) An airplane license shall permit the licensee to
13 import alcoholic liquors into this State from any point in
14 the United States outside this State and to store such
15 alcoholic liquors in this State; to make wholesale purchases
16 of alcoholic liquors directly from manufacturers, foreign
17 importers, distributors and importing distributors from
18 within or outside this State; and to store such alcoholic
19 liquors in this State; provided that the above powers may be
20 exercised only in connection with the importation, purchase
21 or storage of alcoholic liquors to be sold or dispensed on an
22 airplane; and provided further, that airplane licensees
23 exercising the above powers shall be subject to all
24 provisions of Article VIII of this Act as applied to
25 importing distributors. An airplane licensee shall also
26 permit the sale or dispensing of alcoholic liquors on any
27 passenger airplane regularly operated by a common carrier in
28 this State, but shall not permit the sale for resale of any
29 alcoholic liquors to any licensee within this State. A
30 single airplane license shall be required of an airline
31 company if liquor service is provided on board aircraft in
32 this State. The annual fee for such license shall be as
33 determined in Section 5-3.
34 (k) A foreign importer's license shall permit such
-18- LRB9002504LDdvam01
1 licensee to purchase alcoholic liquor from Illinois licensed
2 non-resident dealers only, and to import alcoholic liquor
3 other than in bulk from any point outside the United States
4 and to sell such alcoholic liquor to Illinois licensed
5 importing distributors and to no one else in Illinois.
6 (l) A broker's license shall be required of all brokers
7 who solicit orders for, offer to sell or offer to supply
8 alcoholic liquor to retailers in the State of Illinois, or
9 who offer to retailers to ship or cause to be shipped or to
10 make contact with distillers, rectifiers, brewers or
11 manufacturers or any other party within or without the State
12 of Illinois in order that alcoholic liquors be shipped to a
13 distributor, importing distributor or foreign importer,
14 whether such solicitation or offer is consummated within or
15 without the State of Illinois.
16 No holder of a retailer's license issued by the Illinois
17 Liquor Control Commission shall purchase or receive any
18 alcoholic liquor, the order for which was solicited or
19 offered for sale to such retailer by a broker unless the
20 broker is the holder of a valid broker's license.
21 The broker shall, upon the acceptance by a retailer of
22 the broker's solicitation of an order or offer to sell or
23 supply or deliver or have delivered alcoholic liquors,
24 promptly forward to the Illinois Liquor Control Commission a
25 notification of said transaction in such form as the
26 Commission may by regulations prescribe.
27 Such license shall not entitle the holder to buy or sell
28 any alcoholic liquors for his own account or to take or
29 deliver title to such alcoholic liquors.
30 This subsection shall not apply to distributors,
31 employees of distributors, or employees of a manufacturer who
32 has registered the trademark, brand or name of the alcoholic
33 liquor pursuant to Section 6-9 of this Act, and who regularly
34 sells such alcoholic liquor in the State of Illinois only to
-19- LRB9002504LDdvam01
1 its registrants thereunder.
2 Any agent, representative, or person subject to
3 registration pursuant to subsection (a-1) of this Section
4 shall not be eligible to receive a broker's license.
5 (m) A non-resident dealer's license shall permit such
6 licensee to ship into and warehouse alcoholic liquor into
7 this State from any point outside of this State, and to sell
8 such alcoholic liquor to Illinois licensed foreign importers
9 and importing distributors and to no one else in this State;
10 provided that said non-resident dealer shall register with
11 the Illinois Liquor Control Commission each and every brand
12 of alcoholic liquor which it proposes to sell to Illinois
13 licensees during the license period; and further provided
14 that it shall comply with all of the provisions of Section
15 6-9 hereof with respect to registration of such Illinois
16 licensees as may be granted the right to sell such brands at
17 wholesale.
18 (n) A brew pub license shall allow the licensee to
19 manufacture beer only on the premises specified in the
20 license, to make sales of the beer manufactured on the
21 premises to importing distributors, distributors, and to
22 non-licensees for use and consumption, to store the beer upon
23 the premises, and to sell and offer for sale at retail from
24 the licensed premises, provided that a brew pub licensee
25 shall not sell for off-premises consumption more than 5,000
26 gallons per year.
27 (o) A caterer retailer license shall allow the holder to
28 serve alcoholic liquors as an incidental part of a food
29 service that serves prepared meals which excludes the serving
30 of snacks as the primary meal, either on or off-site whether
31 licensed or unlicensed.
32 (p) An auction liquor license shall allow the licensee
33 to sell and offer for sale at auction wine and spirits for
34 use or consumption, or for resale by an Illinois liquor
-20- LRB9002504LDdvam01
1 licensee in accordance with provisions of this Act. An
2 auction liquor license will be issued to a person and it will
3 permit the auction liquor licensee to hold the auction
4 anywhere in the State. An auction liquor license must be
5 obtained for each auction at least 14 days in advance of the
6 auction date.
7 (q) A special use permit license shall allow an Illinois
8 licensed retailer to transfer a portion of its alcoholic
9 liquor inventory from its retail licensed premises to the
10 premises specified in the license hereby created, and to sell
11 or offer for sale at retail, only in the premises specified
12 in the license hereby created, the transferred alcoholic
13 liquor for use or consumption, but not for resale in any
14 form. A special use permit license may be granted for the
15 following time periods: one day or less; 2 or more days to a
16 maximum of 15 days per location in any 12 month period. An
17 applicant for the special use permit license must also submit
18 with the application proof satisfactory to the State
19 Commission that the applicant will provide dram shop
20 liability insurance to the maximum limits and have local
21 authority approval.
22 (Source: P.A. 88-91; 88-303; 88-535; 88-645, eff. 9-9-94;
23 89-45, eff. 6-23-95; 89-218, eff. 1-1-96; 89-626, eff.
24 8-9-96.)
25 (235 ILCS 5/6-6) (from Ch. 43, par. 123)
26 Sec. 6-6. Except as otherwise provided in this Act no
27 manufacturer or distributor or importing distributor shall,
28 directly, or indirectly, sell, supply, furnish, give or pay
29 for, or loan or lease, any furnishing, fixture or equipment
30 on the premises of a place of business of another licensee
31 authorized under this Act to sell alcoholic liquor at retail,
32 either for consumption on or off the premises, nor shall he,
33 directly or indirectly, pay for any such license, or advance,
-21- LRB9002504LDdvam01
1 furnish, lend or give money for payment of such license, or
2 purchase or become the owner of any note, mortgage, or other
3 evidence of indebtedness of such licensee or any form of
4 security therefor, nor shall such manufacturer, or
5 distributor, or importing distributor, directly or
6 indirectly, be interested in the ownership, conduct or
7 operation of the business of any licensee authorized to sell
8 alcoholic liquor at retail, nor shall any manufacturer, or
9 distributor, or importing distributor be interested directly
10 or indirectly or as owner or part owner of said premises or
11 as lessee or lessor thereof, in any premises upon which
12 alcoholic liquor is sold at retail.
13 No manufacturer or distributor or importing distributor
14 shall, directly or indirectly or through a subsidiary or
15 affiliate, or by any officer, director or firm of such
16 manufacturer, distributor or importing distributor, furnish,
17 give, lend or rent, install, repair or maintain, to or for
18 any retail licensee in this State, any signs or inside
19 advertising materials except as provided in this Section and
20 Section 6-5. With respect to retail licensees, other than any
21 government owned or operated auditorium, exhibition hall,
22 recreation facility or other similar facility holding a
23 retailer's license as described in Section 6-5, a
24 manufacturer, distributor, or importing distributor may
25 furnish, give, lend or rent and erect, install, repair and
26 maintain to or for any retail licensee, for use at any one
27 time in or about or in connection with a retail establishment
28 on which the products of the manufacturer, distributor or
29 importing distributor are sold, the following signs and
30 inside advertising materials as authorized in subparts (i),
31 (ii), (iii), and (iv):
32 (i) Permanent outside signs shall be limited to one
33 outside sign, per brand, in place and in use at any one
34 time, costing not more than $893, exclusive of erection,
-22- LRB9002504LDdvam01
1 installation, repair and maintenance costs, and permit
2 fees and shall bear only the manufacturer's name, brand
3 name, trade name, slogans, markings, trademark, or other
4 symbols commonly associated with and generally used in
5 identifying the product including, but not limited to,
6 "cold beer", "on tap", "carry out", and "packaged
7 liquor".
8 (ii) Temporary outside signs shall be limited to
9 one temporary outside sign per brand. Examples of
10 temporary outside signs are banners, flags, pennants,
11 streamers, and other items of a temporary and
12 non-permanent nature. Each temporary outside sign must
13 include the manufacturer's name, brand name, trade name,
14 slogans, markings, trademark, or other symbol commonly
15 associated with and generally used in identifying the
16 product. Temporary outside signs may also include, for
17 example, the product, price, packaging, date or dates of
18 a promotion and an announcement of a retail licensee's
19 specific sponsored event, if the temporary outside sign
20 is intended to promote a product, and provided that the
21 announcement of the retail licensee's event and the
22 product promotion are held simultaneously. However,
23 temporary outside signs may not include names, slogans,
24 markings, or logos that relate to the retailer. Nothing
25 in this subpart (ii) shall prohibit a distributor or
26 importing distributor from bearing the cost of creating
27 or printing a temporary outside sign for the retail
28 licensee's specific sponsored event or from bearing the
29 cost of creating or printing a temporary sign for a
30 retail licensee containing, for example, community
31 goodwill expressions, regional sporting event
32 announcements, or seasonal messages, provided that the
33 primary purpose of the temporary outside sign is to
34 highlight, promote, or advertise the product. In
-23- LRB9002504LDdvam01
1 addition, temporary outside signs provided by the
2 manufacturer to the distributor or importing distributor
3 may also include, for example, subject to the limitations
4 of this Section, preprinted community goodwill
5 expressions, sporting event announcements, seasonal
6 messages, and manufacturer promotional announcements.
7 However, a distributor or importing distributor shall not
8 bear the cost of such manufacturer preprinted signs.
9 (iii) Permanent inside signs, whether visible from
10 the outside or the inside of the premises, include, but
11 are not limited to for example, neons, illuminated signs,
12 clocks, table lamps, mirrors, tap handles, decalcomanias,
13 window painting, and window trim, and spirits or wine
14 lists and menus. All permanent inside signs in place and
15 in use at any one time shall cost in the aggregate not
16 more than $2000 per manufacturer. A permanent inside
17 sign must include the manufacturer's name, brand name,
18 trade name, slogans, markings, trademark, or other symbol
19 commonly associated with and generally used in
20 identifying the product. However, permanent inside signs
21 may not include names, slogans, markings, or logos that
22 relate to the retailer. For the purpose of this subpart
23 (iii), all permanent inside signs may be displayed in an
24 adjacent courtyard or patio commonly referred to as a
25 "beer garden" that is a part of the retailer's licensed
26 premises.
27 (iv) Temporary inside signs shall include, but are
28 not limited to for example, lighted chalk boards, acrylic
29 table tent beverage or hors d'oeuvre list holders,
30 banners, flags, pennants, streamers, and inside
31 advertising materials such as posters, placards, bowling
32 sheets, table tents, inserts for acrylic table tent
33 beverage or hors d'oeuvre list holders, sports schedules,
34 alcoholic lists and menus or similar printed or
-24- LRB9002504LDdvam01
1 illustrated materials; however, such items, for example,
2 as coasters, trays, napkins, glassware and cups shall not
3 be deemed to be inside signs or advertising materials and
4 may only not be sold provided to retailers. All temporary
5 inside signs and inside advertising materials in place
6 and in use at any one time shall cost in the aggregate
7 not more than $325 per manufacturer. Nothing in this
8 subpart (iv) prohibits a distributor or importing
9 distributor from paying the cost of printing or creating
10 any temporary inside banner or inserts for acrylic table
11 tent beverage or hors d'oeuvre list holders for a retail
12 licensee, provided that the primary purpose for the
13 banner or insert is to highlight, promote, or advertise
14 the product. For the purpose of this subpart (iv), all
15 temporary inside signs and inside advertising materials
16 may be displayed in an adjacent courtyard or patio
17 commonly referred to as a "beer garden" that is a part of
18 the retailer's licensed premises.
19 A "cost adjustment factor" shall be used to periodically
20 update the dollar limitations prescribed in subparts (i),
21 (iii), and (iv). The Commission shall establish the adjusted
22 dollar limitation on an annual basis beginning in January,
23 1997. The term "cost adjustment factor" means a percentage
24 equal to the change in the Bureau of Labor Statistics
25 Consumer Price Index or 5%, whichever is greater. The
26 restrictions contained in this Section 6-6 do not apply to
27 signs, or promotional or advertising materials furnished by
28 manufacturers, distributors or importing distributors to a
29 government owned or operated facility holding a retailer's
30 license as described in Section 6-5.
31 No distributor or importing distributor shall directly or
32 indirectly or through a subsidiary or affiliate, or by any
33 officer, director or firm of such manufacturer, distributor
34 or importing distributor, furnish, give, lend or rent,
-25- LRB9002504LDdvam01
1 install, repair or maintain, to or for any retail licensee in
2 this State, any signs or inside advertising materials
3 described in subparts (i), (ii), (iii), or (iv) of this
4 Section except as the agent for or on behalf of a
5 manufacturer, provided that the total cost of any signs and
6 inside advertising materials including but not limited to
7 labor, erection, installation and permit fees shall be paid
8 by the manufacturer whose product or products said signs, and
9 inside advertising materials advertise and except as herein
10 provided.
11 No person engaged in the business of manufacturing,
12 importing or distributing alcoholic liquors shall, directly
13 or indirectly, pay for, or advance, furnish, or lend money
14 for the payment of any license for another. Any licensee who
15 shall permit or assent, or be a party in any way to any
16 violation or infringement of the provisions of this Section
17 shall be deemed guilty of a violation of this Act, and any
18 money loaned contrary to a provision of this Act shall not be
19 recovered back, or any note, mortgage or other evidence of
20 indebtedness, or security, or any lease or contract obtained
21 or made contrary to this Act shall be unenforceable and void.
22 This Section shall not apply to airplane licensees
23 exercising powers provided in paragraph (i) of Section 5-1 of
24 this Act.
25 (Source: P.A. 89-238, eff. 8-4-95; 89-529, eff. 7-19-96.)
26 (235 ILCS 5/6-6.5 new)
27 Sec. 6-6.5. Sanitation. A manufacturer, distributor, or
28 importing distributor may sell coil cleaning services to a
29 retail licensee at fair market cost.
30 A manufacturer, distributor, or importing distributor may
31 sell dispensing accessories to retail licensees at a price
32 not less than the cost to the manufacturer, distributor, or
33 importing distributor who initially purchased them.
-26- LRB9002504LDdvam01
1 Dispensing accessories include, but are not limited to, items
2 such as standards, faucets, cold plates, rods, vents, taps,
3 tap standards, hoses, washers, couplings, gas gauges, vent
4 tongues, shanks, and check valves.
5 Coil cleaning supplies consisting of detergents, cleaning
6 chemicals, brushes, or similar type cleaning devices may be
7 sold at a price not less than the cost to the manufacturer,
8 distributor, or importing distributor.
9 (235 ILCS 5/6-16) (from Ch. 43, par. 131)
10 Sec. 6-16. Prohibited sales and possession.
11 (a) No licensee nor any officer, associate, member,
12 representative, agent, or employee of such licensee shall
13 sell, give, or deliver alcoholic liquor to any person under
14 the age of 21 years or to any intoxicated person. No person,
15 after purchasing or otherwise obtaining alcoholic liquor,
16 shall sell, give, or deliver such alcoholic liquor to another
17 person under the age of 21 years, except in the performance
18 of a religious ceremony or service. Any person who violates
19 the provisions of this paragraph of this subsection (a) is
20 guilty of a Class A misdemeanor and the person's sentence
21 shall include, but shall not be limited to, a fine of not
22 less than $500. If a licensee or officer, associate, member,
23 representative, agent, or employee of the licensee is
24 prosecuted under this paragraph of this subsection (a) for
25 selling, giving, or delivering alcoholic liquor to a person
26 under the age of 21 years, the person under 21 years of age
27 who attempted to buy or receive the alcoholic liquor shall be
28 prosecuted pursuant to Section 6-20 of this Act.
29 For the purpose of preventing the violation of this
30 section, any licensee, or his agent or employee, may refuse
31 to sell or serve alcoholic beverages to any person who is
32 unable to produce adequate written evidence of identity and
33 of the fact that he or she is over the age of 21 years.
-27- LRB9002504LDdvam01
1 Adequate written evidence of age and identity of the
2 person is a document issued by a federal, state, county, or
3 municipal government, or subdivision or agency thereof,
4 including, but not limited to, a motor vehicle operator's
5 license, a registration certificate issued under the Federal
6 Selective Service Act, or an identification card issued to a
7 member of the Armed Forces. Proof that the
8 defendant-licensee, or his employee or agent, demanded, was
9 shown and reasonably relied upon such written evidence in any
10 transaction, forbidden by this Section is an affirmative
11 defense in any criminal prosecution therefor or to any
12 proceedings for the suspension or revocation of any license
13 based thereon. It shall not, however, be an affirmative
14 defense if the agent or employee accepted the written
15 evidence knowing it to be false or fraudulent. If a false or
16 fraudulent Illinois driver's license or Illinois
17 identification card is presented by a person less than 21
18 years of age to a licensee or the licensee's agent or
19 employee for the purpose of ordering, purchasing, attempting
20 to purchase, or otherwise obtaining or attempting to obtain
21 the serving of any alcoholic beverage, the law enforcement
22 officer or agency investigating the incident shall, upon the
23 conviction of the person who presented the fraudulent license
24 or identification, make a report of the matter to the
25 Secretary of State on a form provided by the Secretary of
26 State.
27 However, no agent or employee of the licensee shall be
28 disciplined or discharged for selling or furnishing liquor to
29 a person under 21 years of age if the agent or employee
30 demanded and was shown, before furnishing liquor to a person
31 under 21 years of age, adequate written evidence of age and
32 identity of the person issued by a federal, state, county or
33 municipal government, or subdivision or agency thereof,
34 including but not limited to a motor vehicle operator's
-28- LRB9002504LDdvam01
1 license, a registration certificate issued under the Federal
2 Selective Service Act, or an identification card issued to a
3 member of the Armed Forces. This paragraph, however, shall
4 not apply if the agent or employee accepted the written
5 evidence knowing it to be false or fraudulent.
6 Any person who sells, gives, or furnishes to any person
7 under the age of 21 years any false or fraudulent written,
8 printed, or photostatic evidence of the age and identity of
9 such person or who sells, gives or furnishes to any person
10 under the age of 21 years evidence of age and identification
11 of any other person is guilty of a Class A misdemeanor and
12 the person's sentence shall include, but shall not be limited
13 to, a fine of not less than $500.
14 Any person under the age of 21 years who presents or
15 offers to any licensee, his agent or employee, any written,
16 printed or photostatic evidence of age and identity that
17 which is false, fraudulent, or not actually his or her own
18 for the purpose of ordering, purchasing, attempting to
19 purchase or otherwise procuring or attempting to procure, the
20 serving of any alcoholic beverage, or who has in his or her
21 possession any false or fraudulent written, printed, or
22 photostatic evidence of age and identity, is guilty of a
23 Class A B misdemeanor and the person's sentence shall
24 include, but shall not be limited to, one of the following:
25 (i) a fine of not less than $500 and $250, or (ii) at least
26 25 hours of community service. If possible, any community
27 service shall be performed for an alcohol abuse prevention
28 program.
29 Any person under the age of 21 years who has any
30 alcoholic beverage in his or her possession on any street or
31 highway or in any public place or in any place open to the
32 public is guilty of a Class A B misdemeanor. This Section
33 does not apply to possession by a person under the age of 21
34 years making a delivery of an alcoholic beverage in pursuance
-29- LRB9002504LDdvam01
1 of the order of his or her parent or in pursuance of his or
2 her employment.
3 (a-1) It is unlawful for any parent or guardian to
4 permit his or her residence to be used by an invitee of the
5 parent's child or the guardian's ward, if the invitee is
6 under the age of 21, in a manner that constitutes a violation
7 of this Section. A parent or guardian is deemed to have
8 permitted his or her residence to be used in violation of
9 this Section if he or she knowingly authorizes, enables, or
10 permits such use to occur by failing to control access to
11 either the residence or the alcoholic liquor maintained in
12 the residence. Any person who violates this subsection (a-1)
13 is guilty of a Class A misdemeanor and the person's sentence
14 shall include, but shall not be limited to, a fine of not
15 less than $500. Nothing in this subsection (a-1) shall be
16 construed to prohibit the giving of alcoholic liquor to a
17 person under the age of 21 years in the performance of a
18 religious ceremony or service.
19 (b) Except as otherwise provided in this Section whoever
20 violates this Section shall, in addition to other penalties
21 provided for in this Act, be guilty of a Class A misdemeanor.
22 (c) Any person shall be guilty of a Class A misdemeanor
23 where he or she knowingly permits a gathering at a residence
24 which he or she occupies of two or more persons where any one
25 or more of the persons is under 21 years of age and the
26 following factors also apply:
27 (1) the person occupying the residence knows that
28 any such person under the age of 21 is in possession of
29 or is consuming any alcoholic beverage; and
30 (2) the possession or consumption of the alcohol by
31 the person under 21 is not otherwise permitted by this
32 Act; and
33 (3) the person occupying the residence knows that
34 the person under the age of 21 leaves the residence in an
-30- LRB9002504LDdvam01
1 intoxicated condition.
2 For the purposes of this subsection (c) where the
3 residence has an owner and a tenant or lessee, there is a
4 rebuttable presumption that the residence is occupied only by
5 the tenant or lessee.
6 (d) Any person who rents a hotel or motel room from the
7 proprietor or agent thereof for the purpose of or with the
8 knowledge that such room shall be used for the consumption of
9 alcoholic liquor by persons under the age of 21 years shall
10 be guilty of a Class A misdemeanor.
11 (Source: P.A. 88-213; 88-613, eff. 1-1-95; 89-250, eff.
12 1-1-96.)
13 (235 ILCS 5/6-20) (from Ch. 43, par. 134a)
14 Sec. 6-20. Any person to whom the sale, gift or delivery
15 of any alcoholic liquor is prohibited because of age shall
16 not purchase, or accept a gift of such alcoholic liquor or
17 have such alcoholic liquor in his possession.
18 If a licensee or his or her agents or employees believes
19 or has reason to believe that a sale or delivery of any
20 alcoholic liquor is prohibited because of the non-age of the
21 prospective recipient, he or she shall, before making such
22 sale or delivery demand presentation of some form of positive
23 identification, containing proof of age, issued by a public
24 officer in the performance of his or her official duties.
25 No person shall transfer, alter, or deface such an
26 identification card; use the identification card of another;
27 carry or use a false or forged identification card; or obtain
28 an identification card by means of false information. No
29 person shall purchase, accept delivery or have possession of
30 alcoholic liquor in violation of this Section. The
31 consumption of alcoholic liquor by any person under 21 years
32 of age is forbidden. Whoever violates any provisions of this
33 Section shall be guilty of a Class A C misdemeanor.
-31- LRB9002504LDdvam01
1 The possession and dispensing, or consumption by a person
2 under 21 years of age of alcoholic liquor in the performance
3 of a religious service or ceremony, or the consumption by a
4 person under 21 years of age under the direct supervision and
5 approval of the parents or parent or those persons standing
6 in loco parentis of such person under 21 years of age in the
7 privacy of a home, is not prohibited by this Act.
8 (Source: P.A. 83-834.)
9 (235 ILCS 5/6-31 new)
10 Sec. 6-31. Product sampling. Notwithstanding any other
11 provision of this Act, a retail licensee may conduct product
12 sampling for consumption on its premises. A retail licensee
13 may serve up to 3 samples to a consumer in one day. A sample
14 shall consist of (i) 1/4 ounce of distilled spirits, (ii) one
15 ounce of wine, or (iii) 2 ounces of malt beverages.
16 A retailer may offer for sale a sampler package of
17 alcoholic beverages, provided the total quantity of the
18 sample package does not exceed 16 ounces.
19 (235 ILCS 5/6-19 rep.)
20 Section 10. The Liquor Control Act of 1934 is amended by
21 repealing Section 6-19.
22 Section 95. No acceleration or delay. Where this Act
23 makes changes in a statute that is represented in this Act by
24 text that is not yet or no longer in effect (for example, a
25 Section represented by multiple versions), the use of that
26 text does not accelerate or delay the taking effect of (i)
27 the changes made by this Act or (ii) provisions derived from
28 any other Public Act.".