| ||||
Public Act 102-0008 | ||||
| ||||
| ||||
AN ACT concerning hospitality.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 1. This Act may be referred to as the COVID-19 | ||||
Pandemic Hospitality Recovery Act. | ||||
Section 5. The Liquor Control Act of 1934 is amended by | ||||
changing Sections 6-5 and 6-28.8 and by adding Section 6-37 as | ||||
follows:
| ||||
(235 ILCS 5/6-5) (from Ch. 43, par. 122)
| ||||
Sec. 6-5.
Except as otherwise provided in this Section, it | ||||
is unlawful
for any person having a retailer's license or
any | ||||
officer, associate, member, representative or agent of such | ||||
licensee
to accept, receive or borrow money, or anything else | ||||
of value, or accept
or receive credit (other than | ||||
merchandising credit in the ordinary
course of business for a | ||||
period not to exceed 30 days) directly or
indirectly from any | ||||
manufacturer, importing distributor or distributor
of | ||||
alcoholic liquor, or from any person connected with or in any | ||||
way
representing, or from any member of the family of, such | ||||
manufacturer,
importing distributor, distributor or | ||||
wholesaler, or from any
stockholders in any corporation | ||||
engaged in manufacturing, distributing
or wholesaling of such |
liquor, or from any officer, manager, agent or
representative | ||
of said manufacturer. Except as provided below, it is
unlawful | ||
for any manufacturer
or distributor or importing distributor | ||
to give or lend money or
anything of value, or otherwise loan | ||
or extend credit (except such
merchandising credit) directly | ||
or indirectly to any retail licensee or
to the manager, | ||
representative, agent, officer or director of such
licensee. A | ||
manufacturer, distributor or importing distributor may furnish
| ||
free advertising, posters,
signs, brochures, hand-outs, or | ||
other promotional devices or materials to
any unit of | ||
government owning or operating any auditorium, exhibition | ||
hall,
recreation facility or other similar facility holding a | ||
retailer's license,
provided that the primary purpose of such | ||
promotional devices or materials
is to promote public events | ||
being held at such facility. A unit of government
owning or | ||
operating such a facility holding a retailer's license may | ||
accept
such promotional devices or materials designed | ||
primarily to promote public
events held at the facility. No | ||
retail licensee delinquent beyond the
30 day period specified | ||
in this Section shall
solicit, accept or receive credit, | ||
purchase or acquire alcoholic
liquors, directly or indirectly | ||
from any other licensee, and no
manufacturer, distributor or | ||
importing distributor shall knowingly grant
or extend credit, | ||
sell, furnish or supply alcoholic liquors to any such
| ||
delinquent retail licensee; provided that the purchase price | ||
of all beer
sold to a retail licensee shall be paid by the |
retail licensee in cash
on or before delivery of the beer, and | ||
unless the purchase price payable
by a retail licensee for | ||
beer sold to him in returnable bottles shall
expressly include | ||
a charge for the bottles and cases, the retail
licensee shall, | ||
on or before delivery of such beer, pay the seller in
cash a | ||
deposit in an amount not less than the deposit required to be
| ||
paid by the distributor to the brewer; but where the brewer | ||
sells direct
to the retailer, the deposit shall be an amount no | ||
less than that
required by the brewer from his own | ||
distributors; and provided further,
that in no instance shall | ||
this deposit be less than 50 cents for each
case of beer in | ||
pint or smaller bottles and 60 cents for each case of
beer in | ||
quart or half-gallon bottles; and provided further, that the
| ||
purchase price of all beer sold to an importing distributor or
| ||
distributor shall be paid by such importing distributor or | ||
distributor
in cash on or before the 15th day (Sundays and | ||
holidays excepted) after
delivery of such beer to such | ||
purchaser; and unless the purchase price
payable by such | ||
importing distributor or distributor for beer sold in
| ||
returnable bottles and cases shall expressly include a charge | ||
for the
bottles and cases, such importing distributor or | ||
distributor shall, on
or before the 15th day (Sundays and | ||
holidays excepted) after delivery of
such beer to such | ||
purchaser, pay the seller in cash a required amount as
a | ||
deposit to assure the return of such bottles and cases. | ||
Nothing herein
contained shall prohibit any licensee from |
crediting or refunding to a
purchaser the actual amount of | ||
money paid for bottles, cases, kegs or
barrels returned by the | ||
purchaser to the seller or paid by the purchaser
as a deposit | ||
on bottles, cases, kegs or barrels, when such containers or
| ||
packages are returned to the seller. Nothing herein contained | ||
shall
prohibit any manufacturer, importing distributor or | ||
distributor from
extending usual and customary credit for | ||
alcoholic liquor sold to
customers or purchasers who live in | ||
or maintain places of business
outside of this State when such | ||
alcoholic liquor is actually transported
and delivered to such | ||
points outside of this State.
| ||
A manufacturer, distributor, or importing distributor may | ||
furnish free social media advertising to a retail licensee if | ||
the social media advertisement does not contain the retail | ||
price of any alcoholic liquor and the social media | ||
advertisement complies with any applicable rules or | ||
regulations issued by the Alcohol and Tobacco Tax and Trade | ||
Bureau of the United States Department of the Treasury. A | ||
manufacturer, distributor, or importing distributor may list | ||
the names of one or more unaffiliated retailers in the | ||
advertisement of alcoholic liquor through social media. | ||
Nothing in this Section shall prohibit a retailer from | ||
communicating with a manufacturer, distributor, or importing | ||
distributor on social media or sharing media on the social | ||
media of a manufacturer, distributor, or importing | ||
distributor. A retailer may request free social media |
advertising from a manufacturer, distributor, or importing | ||
distributor. Nothing in this Section shall prohibit a | ||
manufacturer, distributor, or importing distributor from | ||
sharing, reposting, or otherwise forwarding a social media | ||
post by a retail licensee, so long as the sharing, reposting, | ||
or forwarding of the social media post does not contain the | ||
retail price of any alcoholic liquor. No manufacturer, | ||
distributor, or importing distributor shall pay or reimburse a | ||
retailer, directly or indirectly, for any social media | ||
advertising services, except as specifically permitted in this | ||
Act. No retailer shall accept any payment or reimbursement, | ||
directly or indirectly, for any social media advertising | ||
services offered by a manufacturer, distributor, or importing | ||
distributor, except as specifically permitted in this Act. For | ||
the purposes of this Section, "social media" means a service, | ||
platform, or site where users communicate with one another and | ||
share media, such as pictures, videos, music, and blogs, with | ||
other users free of charge. | ||
No right of action shall exist for the collection of any | ||
claim based
upon credit extended to a distributor, importing | ||
distributor or retail
licensee contrary to the provisions of | ||
this Section.
| ||
Every manufacturer, importing distributor and distributor | ||
shall
submit or cause to be submitted, to the State | ||
Commission, in triplicate,
not later than Thursday of each | ||
calendar week, a verified written list
of the names and |
respective addresses of each retail licensee purchasing
| ||
spirits or wine from such manufacturer, importing distributor | ||
or
distributor who, on the first business day of that calendar | ||
week, was
delinquent beyond the above mentioned permissible | ||
merchandising credit
period of 30 days; or, if such is the | ||
fact, a verified written statement
that no retail licensee | ||
purchasing spirits or wine was then delinquent
beyond such | ||
permissible merchandising credit period of 30 days.
| ||
Every manufacturer, importing distributor and distributor | ||
shall
submit or cause to be submitted, to the State | ||
Commission, in triplicate,
a verified written list of the | ||
names and respective addresses of each
previously reported | ||
delinquent retail licensee who has cured such
delinquency by | ||
payment, which list shall be submitted not later than the
| ||
close of the second full business day following the day such | ||
delinquency
was so cured.
| ||
Such written verified reports required to be submitted by | ||
this
Section shall be posted by the State Commission in each of | ||
its offices
in places available for public inspection not | ||
later than the day
following receipt thereof by the | ||
Commission. The reports so posted shall
constitute notice to | ||
every manufacturer, importing distributor and
distributor of | ||
the information contained therein. Actual notice to
| ||
manufacturers, importing distributors and distributors of the
| ||
information contained in any such posted reports, however | ||
received,
shall also constitute notice of such information.
|
The 30 day merchandising credit period allowed by this | ||
Section shall
commence with the day immediately following the | ||
date of invoice and
shall include all successive days | ||
including Sundays and holidays to and
including the 30th | ||
successive day.
| ||
In addition to other methods allowed by law, payment by | ||
check or credit card during
the period for which merchandising | ||
credit may be extended under the
provisions of this Section | ||
shall be considered payment. All checks
received in payment | ||
for alcoholic liquor shall be promptly deposited for
| ||
collection. A post dated check or a check dishonored on | ||
presentation for
payment shall not be deemed payment.
| ||
A credit card payment in dispute by a retailer shall not be | ||
deemed payment, and the debt uncured for merchandising credit | ||
shall be reported as delinquent. Nothing in this Section shall | ||
prevent a distributor, self-distributing manufacturer, or | ||
importing distributor from assessing a usual and customary | ||
transaction fee representative of the actual finance charges | ||
incurred for processing a credit card payment. This | ||
transaction fee shall be disclosed on the invoice. It shall be | ||
considered unlawful for a distributor, importing distributor, | ||
or self-distributing manufacturer to waive finance charges for | ||
retailers. | ||
A retail licensee shall not be deemed to be delinquent in | ||
payment for
any alleged sale to him of alcoholic liquor when | ||
there exists a bona fide
dispute between such retailer and a |
manufacturer, importing distributor
or distributor with | ||
respect to the amount of indebtedness existing
because of such | ||
alleged sale. A retail licensee shall not be deemed to be | ||
delinquent under this provision and 11 Ill. Adm. Code 100.90 | ||
until 30 days after the date on which the region in which the | ||
retail licensee is located enters Phase 4 of the Governor's | ||
Restore Illinois Plan as issued on May 5, 2020. | ||
A delinquent retail licensee who engages in the retail | ||
liquor
business at 2 or more locations shall be deemed to be | ||
delinquent with
respect to each such location.
| ||
The license of any person who violates any provision of | ||
this Section
shall be subject to suspension or revocation in | ||
the manner provided by
this Act.
| ||
If any part or provision of this Article or the | ||
application thereof
to any person or circumstances shall be | ||
adjudged invalid by a court of
competent jurisdiction, such | ||
judgment shall be confined by its operation
to the controversy | ||
in which it was mentioned and shall not affect or
invalidate | ||
the remainder of this Article or the application thereof to
| ||
any other person or circumstance and to this and the | ||
provisions of this
Article are declared severable.
| ||
(Source: P.A. 101-631, eff. 6-2-20.)
| ||
(235 ILCS 5/6-28.8) | ||
(Section scheduled to be repealed on June 2, 2021) | ||
Sec. 6-28.8. Delivery and carry out of mixed drinks |
permitted. | ||
(a) In this Section: | ||
"Cocktail" or "mixed drink" means any beverage obtained by | ||
combining ingredients alcoholic in nature, whether brewed, | ||
fermented, or distilled, with ingredients non-alcoholic in | ||
nature, such as fruit juice, lemonade, cream, or a carbonated | ||
beverage. | ||
"Original container" means, for the purposes of this | ||
Section only, a container that is (i) filled, sealed, and | ||
secured by a retail licensee's employee at the retail | ||
licensee's location with a tamper-evident lid or cap or (ii)
| ||
filled and labeled by the manufacturer and secured by the
| ||
manufacturer's original unbroken seal . | ||
"Sealed container" means a rigid container that contains a | ||
mixed drink or a single serving of wine , is new, has never been | ||
used, has a secured lid or cap designed to prevent consumption | ||
without removal of the lid or cap, and is tamper-evident. | ||
"Sealed container" includes a manufacturer's
original | ||
container as defined in this subsection. "Sealed container" | ||
does not include a container with a lid with sipping holes or | ||
openings for straws or a container made of plastic, paper, or | ||
polystyrene foam. | ||
"Tamper-evident" means a lid or cap that has been sealed | ||
with tamper-evident covers, including, but not limited to, wax | ||
dip or heat shrink wrap. | ||
(b) A cocktail , or mixed drink , or single serving of wine |
placed in a sealed container by a retail licensee at the retail | ||
licensee's location or a manufacturer's original container may | ||
be transferred and sold for off-premises consumption if the | ||
following requirements are met: | ||
(1) the cocktail , mixed drink, or single serving of
| ||
wine is transferred within the licensed premises, by a | ||
curbside pickup, or by delivery by an employee of the | ||
retail licensee who: | ||
(A) has been trained in accordance with Section | ||
6-27.1 at the time of the sale; | ||
(B) is at least 21 years of age; and | ||
(C) upon delivery, verifies the age of the person | ||
to whom the cocktail , mixed drink, or single serving | ||
of wine is being delivered; | ||
(2) if the employee delivering the cocktail , mixed | ||
drink, or single serving of wine is not able to safely | ||
verify
a person's age or level of intoxication upon | ||
delivery, the employee shall cancel the sale of alcohol | ||
and return the product to the retail license holder; | ||
(3) the sealed container is placed in the trunk of the | ||
vehicle or if there is no trunk, in the vehicle's rear | ||
compartment that is not readily accessible to the | ||
passenger area; | ||
(4) except for a manufacturer's original container, a | ||
the sealed container filled and sealed at a
retail | ||
licensee's location shall be affixed with a label or tag |
that contains the following information: | ||
(A) the cocktail or mixed drink ingredients, type, | ||
and name of the alcohol; | ||
(B) the name, license number, and address of the | ||
retail licensee that filled the original container and | ||
sold the product; | ||
(C) the volume of the cocktail , or mixed drink , or | ||
single serving of wine in the sealed container; and | ||
(D) the sealed container was filled less than 7 | ||
days before the date of sale ; and . | ||
(5) a manufacturer's original container shall be
| ||
affixed with a label or tag that contains the name,
| ||
license number, and address of the retail licensee that
| ||
sold the product. | ||
(c) Third-party delivery services are not permitted to | ||
deliver cocktails and mixed drinks under this Section. | ||
(d) If there is an executive order of the Governor in | ||
effect during a disaster, the employee delivering the mixed | ||
drink , or cocktail , or single serving of wine must comply with | ||
any requirements of that executive order, including, but not | ||
limited to, wearing gloves and a mask and maintaining | ||
distancing requirements when interacting with the public. | ||
(e) Delivery or carry out of a cocktail , or mixed drink , or | ||
single serving of wine is prohibited if: | ||
(1) a third party delivers the cocktail or mixed | ||
drink; |
(2) a container of a mixed drink , or cocktail , or | ||
single serving of wine is not tamper-evident and sealed; | ||
(3) a container of a mixed drink , or cocktail , or | ||
single serving of wine is transported in the passenger | ||
area of a vehicle; | ||
(4) a mixed drink , or cocktail , or single serving of | ||
wine is delivered by a person or to a person who is under | ||
the age of 21; or | ||
(5) the person delivering a mixed drink , or cocktail , | ||
or single serving of wine fails to verify the age of the | ||
person to whom the mixed drink or cocktail is being | ||
delivered. | ||
(f) Violations of this Section shall be subject to any | ||
applicable penalties, including, but not limited to, the | ||
penalties specified under Section 11-502 of the Illinois | ||
Vehicle Code. | ||
(f-5) This Section is not intended to prohibit or preempt | ||
the ability of a brew pub, tap room, or distilling pub to | ||
continue to temporarily deliver alcoholic liquor pursuant to | ||
guidance issued by the State Commission on March 19, 2020 | ||
entitled "Illinois Liquor Control Commission, COVID-19 Related | ||
Actions, Guidance on Temporary Delivery of Alcoholic Liquor". | ||
This Section shall only grant authorization to holders of | ||
State of Illinois retail liquor licenses but not to licensees | ||
that simultaneously hold any licensure or privilege to | ||
manufacture alcoholic liquors within or outside of the State |
of Illinois. | ||
(g) This Section is not a denial or limitation of home rule | ||
powers and functions under Section 6 of Article VII of the | ||
Illinois Constitution. | ||
(h) This Section is repealed on January 3, 2024 one year | ||
after the effective date of this amendatory Act of the 101st | ||
General Assembly .
| ||
(Source: P.A. 101-631, eff. 6-2-20.) | ||
(235 ILCS 5/6-37 new) | ||
Sec. 6-37. Hospitality vaccination incentive; temporary. | ||
(a) Notwithstanding any other provision of law, from June | ||
10, 2021 through July 10, 2021, a retail licensee may offer a | ||
single drink of alcoholic liquor at no cost to a customer as | ||
part of a publicly advertised promotion to encourage | ||
participation in any COVID-19 vaccination program if the | ||
customer provides proof of COVID-19 vaccination received at | ||
any time. Drinks may be provided under this Section only from 6 | ||
p.m. through 10 p.m. | ||
This Section is subject to any rule or bulletin posted by | ||
the State Commission. | ||
(b) A retail licensee's participation in providing a | ||
single drink of alcoholic liquor is voluntary and a retail | ||
licensee may refuse to provide a single drink at no charge. The | ||
retail licensee may determine or restrict which single drink | ||
of alcoholic liquor it will provide at no cost but under no |
circumstances may a single drink of alcoholic liquor exceed | ||
1.5 ounces of distilled spirits, 5 ounces of wine, or 12 ounces | ||
of beer. | ||
(c) A local liquor control commissioner or local liquor | ||
control commission may prohibit retail licensees within its | ||
jurisdiction from providing a single drink of alcoholic liquor | ||
at no charge by promulgating a rule or policy preempting this | ||
Section. | ||
(d) After receiving a single drink of alcoholic liquor at | ||
no charge, no customer shall receive a subsequent drink from | ||
the retail licensee providing the drink at no charge or from | ||
another retail licensee on the same day or any subsequent day. | ||
In addition to abiding by all other alcoholic liquor sales | ||
laws, before providing a single drink at no charge, the retail | ||
licensee shall develop procedures to verify the identity of | ||
the vaccinated customer by comparing the vaccination card to a | ||
form of valid federal or State identification. The retail | ||
licensee shall develop procedures to ensure that a customer | ||
does not obtain more than a single drink at no charge and the | ||
retail licensee shall be subject to penalties imposed by the | ||
State Commission if the retail licensee provides more than a | ||
single drink to a particular customer at no charge. | ||
(e) The State Commission may publish further guidelines on | ||
the implementation of this Section not inconsistent with this | ||
Section and shall post them on the State Commission's website. | ||
(f) This Section is repealed on July 11, 2021.
|
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|