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Public Act 101-0631


 

Public Act 0631 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0631
 
HB2682 EnrolledLRB101 09562 HLH 54660 b

    AN ACT concerning revenue.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Liquor Control Act of 1934 is amended by
changing Sections 5-5, 6-1, 6-5, and 6-27.1 and by adding
Sections 5-7 and 6-28.8 as follows:
 
    (235 ILCS 5/5-5)
    Sec. 5-5. Late filing fees. In the event that a liquor
license holder fails to submit a license renewal application to
the Commission before or on the expiration date of the current
license, the licensee will be assessed a late filing fee of
$25. Late applications and instruments of payment will be
returned to the licensee. Late filing fees will be in addition
to any fines or penalties ordered for operating without a valid
license.
    Late filing fees shall not apply to a liquor license holder
whose business or business operations have been suspended in
any capacity due to any executive order issued on or after
March 16, 2020 or any subsequent rule established by the
Department of Public Health or any other agency of the State as
a result of COVID-19. The late filing fee waiver shall remain
in effect for 6 months after whichever of the following dates
occurs the latest:
        (1) the day on which the region in which the liquor
    licensee is located enters Phase 4 of the Governor's
    Restore Illinois Plan as issued on May 5, 2020;
        (2) the day after the expiration of the latest
    executive order that limits or interrupts the business or
    business operations as a result of the COVID-19 pandemic;
    or
        (3) the day after the expiration of any rules
    established by the Department of Public Health or any other
    agency of the State that limit or interrupt the business or
    business operations as a result of the COVID-19 pandemic.
(Source: P.A. 88-91.)
 
    (235 ILCS 5/5-7 new)
    Sec. 5-7. Temporary liquor license fee deferral. A liquor
license holder whose business or business operations have been
suspended in any capacity due to any executive order issued on
or after March 16, 2020 or any subsequent rule established by
the Department of Public Health or any other agency of the
State as a result of COVID-19 shall be allowed to defer liquor
license fees under this Section. The liquor license holder
shall be allowed to defer the payment of liquor license fees
for 6 months after whichever of the following dates occurs the
latest:
        (1) the day on which the region in which the liquor
    licensee is located enters Phase 4 of the Governor's
    Restore Illinois Plan as issued on May 5, 2020;
        (2) the day after the expiration of the latest
    executive order that limits or interrupts the business or
    business operations as a result of the COVID-19 pandemic;
    or
        (3) the day after the expiration of any rules
    established by the Department of Public Health or any other
    agency of the State that limit or interrupt the business or
    business operations as a result of the COVID-19 pandemic.
 
    (235 ILCS 5/6-1)  (from Ch. 43, par. 119)
    Sec. 6-1. Privilege granted by license; nature as to
property; transferability; tax delinquencies. A license shall
be purely a personal privilege, good for not to exceed one year
after issuance, except a non-beverage user's license, unless
sooner revoked as in this Act provided, and shall not
constitute property, nor shall it be subject to attachment,
garnishment or execution, nor shall it be alienable or
transferable, voluntarily or involuntarily, or subject to
being encumbered or hypothecated. Such license shall not
descend by the laws of testate or intestate devolution, but it
shall cease upon the death of the licensee, provided that
executors or administrators of the estate of any deceased
licensee, and the trustee of any insolvent or bankrupt
licensee, when such estate consists in part of alcoholic
liquor, may continue the business of the sale or manufacture of
alcoholic liquor under order of the appropriate court, and may
exercise the privileges of the deceased or insolvent or
bankrupt licensee after the death of such decedent, or such
insolvency or bankruptcy until the expiration of such license
but not longer than six months after the death, bankruptcy or
insolvency of such licensee. Except in the case of a
non-beverage user's license, a refund shall be made of that
portion of the license fees paid for any period in which the
licensee shall be prevented from operating under such license
in accordance with the provisions of this paragraph.
    Any licensee may renew his license at the expiration
thereof, provided he is then qualified to receive a license and
the premises for which such renewal license is sought are
suitable for such purpose; and provided further that the
renewal privilege herein provided for shall not be construed as
a vested right which shall in any case prevent the city council
or village president and board of trustees or county board, as
the case may be, from decreasing the number of licenses to be
issued within its jurisdiction. No retailer's license shall be
renewed if the Department of Revenue has reported to the
Illinois Liquor Control Commission that such retailer is
delinquent in filing any required tax returns or paying any
amounts owed to the State of Illinois until the applicant is
issued a certificate by the Department of Revenue stating that
all delinquent returns or amounts owed have been paid by
guaranteed remittance or the payment agreement to pay all
amounts owed has been accepted by the Department. No retailer's
license issued by a local liquor control commissioner shall be
renewed unless the applicant provides documentation that any
tax owed to (i) the municipality in which the applicant is
located (in the case of a license issued by the mayor or
president of the board of trustees of a city, village or
incorporated town acting as local liquor control commissioner)
or (ii) the county in which the applicant is located (in the
case of a license issued by the president or chairman of a
county board acting as local liquor control commissioner) by
the applicant has been satisfied by payment in the form of a
cashier's check, certified check, money order, or cash.
    For a liquor license holder whose business or business
operations have been suspended in any capacity due to any
executive order issued on or after March 16, 2020 or any
subsequent rule established by the Department of Public Health
or any other agency of the State as a result of COVID-19,
renewal of the license shall be automatically approved and the
license shall be extended without limitation for 120 days after
whichever of the following dates occurs the latest:
        (1) the day on which the region in which the liquor
    licensee is located enters Phase 4 of the Governor's
    Restore Illinois Plan as issued on May 5, 2020;
        (2) the day after the expiration of the latest
    executive order that limits or interrupts the business or
    business operations as a result of the COVID-19 pandemic;
    or
        (3) the day after the expiration of any rules
    established by the Department of Public Health or any other
    agency of the State that limit or interrupt the business or
    business operations as a result of the COVID-19 pandemic.
The renewal shall be based upon the most recent liquor license
application or application for renewal that was approved and
received by the State Commission prior to the limitations or
interruptions implemented by the Executive Order on March 16,
2020.
    A negotiable instrument received as payment for a license
fee, transfer fee, late fee, offer in compromise,
pre-disciplinary conference settlement, or fine imposed by
order that is dishonored on presentation shall not be
considered payment and shall be cause for disciplinary action.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (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 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 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. 99-448, eff. 8-24-15.)
 
    (235 ILCS 5/6-27.1)
    Sec. 6-27.1. Responsible alcohol service server training.
    (a) Unless issued a valid server training certificate
between July 1, 2012 and July 1, 2015 by a certified Beverage
Alcohol Sellers and Servers Education and Training (BASSET)
trainer, all alcohol servers in Cook County are required to
obtain and complete training in basic responsible alcohol
service as outlined in 77 Ill. Adm. Code 3500, as those
provisions exist on July 1, 2015 (the effective date of Public
Act 98-939), by July 1, 2015 or within 120 days after the
alcohol server begins his or her employment, whichever is
later. All alcohol servers in a county, other than Cook County,
with a population of 200,000 inhabitants or more are required
to obtain and complete training in basic responsible alcohol
service as outlined in 77 Ill. Adm. Code 3500, as those
provisions exist on July 1, 2015 (the effective date of Public
Act 98-939), by July 1, 2016 or within 120 days after the
alcohol server begins his or her employment, whichever is
later. All alcohol servers in a county with a population of
more than 30,000 inhabitants and less than 200,000 inhabitants
are required to obtain and complete training in basic
responsible alcohol service as outlined in 77 Ill. Adm. Code
3500, as those provisions exist on July 1, 2015 (the effective
date of Public Act 98-939), by July 1, 2017 or within 120 days
after the alcohol server begins his or her employment,
whichever is later. All alcohol servers in counties with a
population of 30,000 inhabitants or less are required to obtain
and complete training in basic responsible alcohol service as
outlined in 77 Ill. Adm. Code 3500, as those provisions exist
on July 1, 2015 (the effective date of Public Act 98-939), by
July 1, 2018 or within 120 days after the alcohol server begins
his or her employment, whichever is later.
    There is no limit to the amount of times a server may take
the training. A certificate of training belongs to the server,
and a server may transfer a certificate of training to a
different employer, but shall not transfer a certificate of
training to another server. Proof that an alcohol server has
been trained must be available upon reasonable request by State
law enforcement officials. For the purpose of this Section,
"alcohol servers" means persons who sell or serve open
containers of alcoholic beverages at retail, anyone who
delivers mixed drinks under Section 6-28.8, and anyone whose
job description entails the checking of identification for the
purchase of open containers of alcoholic beverages at retail or
for entry into the licensed premises. The definition does not
include (i) a distributor or importing distributor conducting
product sampling as authorized in Section 6-31 of this Act or a
registered tasting representative, as provided in 11 Ill. Adm.
Code 100.40, conducting a tasting, as defined in 11 Ill. Adm.
Code 100.10; (ii) a volunteer serving alcoholic beverages at a
charitable function; or (iii) an instructor engaged in training
or educating on the proper technique for using a system that
dispenses alcoholic beverages.
    (b) Responsible alcohol service training must cover and
assess knowledge of the topics noted in 77 Ill. Adm. Code
3500.155.
    (c) Beginning on the effective date of this amendatory Act
of the 98th General Assembly, but no later than October 1,
2015, all existing BASSET trainers who are already BASSET
certified as of the effective date of this amendatory Act of
the 98th General Assembly shall be recertified by the State
Commission and be required to comply with the conditions for
server training set forth in this amendatory Act of the 98th
General Assembly.
    (d) Training modules and certificate program plans must be
approved by the State Commission. All documents, materials, or
information related to responsible alcohol service training
program approval that are submitted to the State Commission are
confidential and shall not be open to public inspection or
dissemination and are exempt from disclosure.
    The State Commission shall only approve programs that meet
the following criteria:
        (1) the training course covers the content specified in
    77 Ill. Adm. Code 3500.155;
        (2) if the training course is classroom-based, the
    classroom training is at least 4 hours, is available in
    English and Spanish, and includes a test;
        (3) if the training course is online or computer-based,
    the course is designed in a way that ensures that no
    content can be skipped, is interactive, has audio for
    content for servers that have a disability, and includes a
    test;
        (4) training and testing is based on a job task
    analysis that clearly identifies and focuses on the
    knowledge, skills, and abilities needed to responsibly
    serve alcoholic beverages and is developed using best
    practices in instructional design and exam development to
    ensure that the program is fair and legally defensible;
        (5) training and testing is conducted by any means
    available, including, but not limited to, online,
    computer, classroom, or live trainers; and
        (6) the program must provide access on a
    24-hour-per-day, 7-days-per-week basis for certificate
    verification for State Commission, State law enforcement
    officials, and employers to be able to verify certificate
    authenticity.
    (e) Nothing in subsection (d) of this Section shall be
construed to require a program to use a test administrator or
proctor.
    (f) A certificate issued from a BASSET-licensed training
program shall be accepted as meeting the training requirements
for all server license and permit laws and ordinances in the
State.
    (g) A responsible alcohol service training certificate
from a BASSET-licensed program shall be valid for 3 years.
    (h) The provisions of this Section shall apply beginning
July 1, 2015. From July 1, 2015 through December 31, 2015,
enforcement of the provisions of this Section shall be limited
to education and notification of the requirements to encourage
compliance.
    (i) The provisions of this Section do not apply to a
special event retailer.
(Source: P.A. 98-939, eff. 7-1-15; 99-46, eff. 7-15-15.)
 
    (235 ILCS 5/6-28.8 new)
    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 filled, sealed, and secured
by a retail licensee's employee at the retail licensee's
location with a tamper-evident lid or cap.
    "Sealed container" means a rigid container that contains a
mixed drink, 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" 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 placed in a sealed container
by a retail licensee at the retail licensee's location may be
transferred and sold for off-premises consumption if the
following requirements are met:
        (1) the cocktail 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 is being delivered;
        (2) if the employee delivering the cocktail 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) the sealed container 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 in
        the sealed container; and
            (D) the sealed container was filled less than 7
        days before the date of sale.
    (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 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 is
prohibited if:
        (1) a third party delivers the cocktail or mixed drink;
        (2) a container of a mixed drink or cocktail is not
    tamper-evident and sealed;
        (3) a container of a mixed drink or cocktail is
    transported in the passenger area of a vehicle;
        (4) a mixed drink or cocktail 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
    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 one year after the effective
date of this amendatory Act of the 101st General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/2/2020