Full Text of SB0104 102nd General Assembly
SB0104enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning hospitality.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. This Act may be referred to as the COVID-19 | 5 | | Pandemic Hospitality Recovery Act. | 6 | | Section 5. The Liquor Control Act of 1934 is amended by | 7 | | changing Sections 6-5 and 6-28.8 and by adding Section 6-37 as | 8 | | follows:
| 9 | | (235 ILCS 5/6-5) (from Ch. 43, par. 122)
| 10 | | Sec. 6-5.
Except as otherwise provided in this Section, it | 11 | | is unlawful
for any person having a retailer's license or
any | 12 | | officer, associate, member, representative or agent of such | 13 | | licensee
to accept, receive or borrow money, or anything else | 14 | | of value, or accept
or receive credit (other than | 15 | | merchandising credit in the ordinary
course of business for a | 16 | | period not to exceed 30 days) directly or
indirectly from any | 17 | | manufacturer, importing distributor or distributor
of | 18 | | alcoholic liquor, or from any person connected with or in any | 19 | | way
representing, or from any member of the family of, such | 20 | | manufacturer,
importing distributor, distributor or | 21 | | wholesaler, or from any
stockholders in any corporation | 22 | | engaged in manufacturing, distributing
or wholesaling of such |
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| 1 | | liquor, or from any officer, manager, agent or
representative | 2 | | of said manufacturer. Except as provided below, it is
unlawful | 3 | | for any manufacturer
or distributor or importing distributor | 4 | | to give or lend money or
anything of value, or otherwise loan | 5 | | or extend credit (except such
merchandising credit) directly | 6 | | or indirectly to any retail licensee or
to the manager, | 7 | | representative, agent, officer or director of such
licensee. A | 8 | | manufacturer, distributor or importing distributor may furnish
| 9 | | free advertising, posters,
signs, brochures, hand-outs, or | 10 | | other promotional devices or materials to
any unit of | 11 | | government owning or operating any auditorium, exhibition | 12 | | hall,
recreation facility or other similar facility holding a | 13 | | retailer's license,
provided that the primary purpose of such | 14 | | promotional devices or materials
is to promote public events | 15 | | being held at such facility. A unit of government
owning or | 16 | | operating such a facility holding a retailer's license may | 17 | | accept
such promotional devices or materials designed | 18 | | primarily to promote public
events held at the facility. No | 19 | | retail licensee delinquent beyond the
30 day period specified | 20 | | in this Section shall
solicit, accept or receive credit, | 21 | | purchase or acquire alcoholic
liquors, directly or indirectly | 22 | | from any other licensee, and no
manufacturer, distributor or | 23 | | importing distributor shall knowingly grant
or extend credit, | 24 | | sell, furnish or supply alcoholic liquors to any such
| 25 | | delinquent retail licensee; provided that the purchase price | 26 | | of all beer
sold to a retail licensee shall be paid by the |
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| 1 | | retail licensee in cash
on or before delivery of the beer, and | 2 | | unless the purchase price payable
by a retail licensee for | 3 | | beer sold to him in returnable bottles shall
expressly include | 4 | | a charge for the bottles and cases, the retail
licensee shall, | 5 | | on or before delivery of such beer, pay the seller in
cash a | 6 | | deposit in an amount not less than the deposit required to be
| 7 | | paid by the distributor to the brewer; but where the brewer | 8 | | sells direct
to the retailer, the deposit shall be an amount no | 9 | | less than that
required by the brewer from his own | 10 | | distributors; and provided further,
that in no instance shall | 11 | | this deposit be less than 50 cents for each
case of beer in | 12 | | pint or smaller bottles and 60 cents for each case of
beer in | 13 | | quart or half-gallon bottles; and provided further, that the
| 14 | | purchase price of all beer sold to an importing distributor or
| 15 | | distributor shall be paid by such importing distributor or | 16 | | distributor
in cash on or before the 15th day (Sundays and | 17 | | holidays excepted) after
delivery of such beer to such | 18 | | purchaser; and unless the purchase price
payable by such | 19 | | importing distributor or distributor for beer sold in
| 20 | | returnable bottles and cases shall expressly include a charge | 21 | | for the
bottles and cases, such importing distributor or | 22 | | distributor shall, on
or before the 15th day (Sundays and | 23 | | holidays excepted) after delivery of
such beer to such | 24 | | purchaser, pay the seller in cash a required amount as
a | 25 | | deposit to assure the return of such bottles and cases. | 26 | | Nothing herein
contained shall prohibit any licensee from |
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| 1 | | crediting or refunding to a
purchaser the actual amount of | 2 | | money paid for bottles, cases, kegs or
barrels returned by the | 3 | | purchaser to the seller or paid by the purchaser
as a deposit | 4 | | on bottles, cases, kegs or barrels, when such containers or
| 5 | | packages are returned to the seller. Nothing herein contained | 6 | | shall
prohibit any manufacturer, importing distributor or | 7 | | distributor from
extending usual and customary credit for | 8 | | alcoholic liquor sold to
customers or purchasers who live in | 9 | | or maintain places of business
outside of this State when such | 10 | | alcoholic liquor is actually transported
and delivered to such | 11 | | points outside of this State.
| 12 | | A manufacturer, distributor, or importing distributor may | 13 | | furnish free social media advertising to a retail licensee if | 14 | | the social media advertisement does not contain the retail | 15 | | price of any alcoholic liquor and the social media | 16 | | advertisement complies with any applicable rules or | 17 | | regulations issued by the Alcohol and Tobacco Tax and Trade | 18 | | Bureau of the United States Department of the Treasury. A | 19 | | manufacturer, distributor, or importing distributor may list | 20 | | the names of one or more unaffiliated retailers in the | 21 | | advertisement of alcoholic liquor through social media. | 22 | | Nothing in this Section shall prohibit a retailer from | 23 | | communicating with a manufacturer, distributor, or importing | 24 | | distributor on social media or sharing media on the social | 25 | | media of a manufacturer, distributor, or importing | 26 | | distributor. A retailer may request free social media |
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| 1 | | advertising from a manufacturer, distributor, or importing | 2 | | distributor. Nothing in this Section shall prohibit a | 3 | | manufacturer, distributor, or importing distributor from | 4 | | sharing, reposting, or otherwise forwarding a social media | 5 | | post by a retail licensee, so long as the sharing, reposting, | 6 | | or forwarding of the social media post does not contain the | 7 | | retail price of any alcoholic liquor. No manufacturer, | 8 | | distributor, or importing distributor shall pay or reimburse a | 9 | | retailer, directly or indirectly, for any social media | 10 | | advertising services, except as specifically permitted in this | 11 | | Act. No retailer shall accept any payment or reimbursement, | 12 | | directly or indirectly, for any social media advertising | 13 | | services offered by a manufacturer, distributor, or importing | 14 | | distributor, except as specifically permitted in this Act. For | 15 | | the purposes of this Section, "social media" means a service, | 16 | | platform, or site where users communicate with one another and | 17 | | share media, such as pictures, videos, music, and blogs, with | 18 | | other users free of charge. | 19 | | No right of action shall exist for the collection of any | 20 | | claim based
upon credit extended to a distributor, importing | 21 | | distributor or retail
licensee contrary to the provisions of | 22 | | this Section.
| 23 | | Every manufacturer, importing distributor and distributor | 24 | | shall
submit or cause to be submitted, to the State | 25 | | Commission, in triplicate,
not later than Thursday of each | 26 | | calendar week, a verified written list
of the names and |
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| 1 | | respective addresses of each retail licensee purchasing
| 2 | | spirits or wine from such manufacturer, importing distributor | 3 | | or
distributor who, on the first business day of that calendar | 4 | | week, was
delinquent beyond the above mentioned permissible | 5 | | merchandising credit
period of 30 days; or, if such is the | 6 | | fact, a verified written statement
that no retail licensee | 7 | | purchasing spirits or wine was then delinquent
beyond such | 8 | | permissible merchandising credit period of 30 days.
| 9 | | Every manufacturer, importing distributor and distributor | 10 | | shall
submit or cause to be submitted, to the State | 11 | | Commission, in triplicate,
a verified written list of the | 12 | | names and respective addresses of each
previously reported | 13 | | delinquent retail licensee who has cured such
delinquency by | 14 | | payment, which list shall be submitted not later than the
| 15 | | close of the second full business day following the day such | 16 | | delinquency
was so cured.
| 17 | | Such written verified reports required to be submitted by | 18 | | this
Section shall be posted by the State Commission in each of | 19 | | its offices
in places available for public inspection not | 20 | | later than the day
following receipt thereof by the | 21 | | Commission. The reports so posted shall
constitute notice to | 22 | | every manufacturer, importing distributor and
distributor of | 23 | | the information contained therein. Actual notice to
| 24 | | manufacturers, importing distributors and distributors of the
| 25 | | information contained in any such posted reports, however | 26 | | received,
shall also constitute notice of such information.
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| 1 | | The 30 day merchandising credit period allowed by this | 2 | | Section shall
commence with the day immediately following the | 3 | | date of invoice and
shall include all successive days | 4 | | including Sundays and holidays to and
including the 30th | 5 | | successive day.
| 6 | | In addition to other methods allowed by law, payment by | 7 | | check or credit card during
the period for which merchandising | 8 | | credit may be extended under the
provisions of this Section | 9 | | shall be considered payment. All checks
received in payment | 10 | | for alcoholic liquor shall be promptly deposited for
| 11 | | collection. A post dated check or a check dishonored on | 12 | | presentation for
payment shall not be deemed payment.
| 13 | | A credit card payment in dispute by a retailer shall not be | 14 | | deemed payment, and the debt uncured for merchandising credit | 15 | | shall be reported as delinquent. Nothing in this Section shall | 16 | | prevent a distributor, self-distributing manufacturer, or | 17 | | importing distributor from assessing a usual and customary | 18 | | transaction fee representative of the actual finance charges | 19 | | incurred for processing a credit card payment. This | 20 | | transaction fee shall be disclosed on the invoice. It shall be | 21 | | considered unlawful for a distributor, importing distributor, | 22 | | or self-distributing manufacturer to waive finance charges for | 23 | | retailers. | 24 | | A retail licensee shall not be deemed to be delinquent in | 25 | | payment for
any alleged sale to him of alcoholic liquor when | 26 | | there exists a bona fide
dispute between such retailer and a |
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| 1 | | manufacturer, importing distributor
or distributor with | 2 | | respect to the amount of indebtedness existing
because of such | 3 | | alleged sale. A retail licensee shall not be deemed to be | 4 | | delinquent under this provision and 11 Ill. Adm. Code 100.90 | 5 | | until 30 days after the date on which the region in which the | 6 | | retail licensee is located enters Phase 4 of the Governor's | 7 | | Restore Illinois Plan as issued on May 5, 2020. | 8 | | A delinquent retail licensee who engages in the retail | 9 | | liquor
business at 2 or more locations shall be deemed to be | 10 | | delinquent with
respect to each such location.
| 11 | | The license of any person who violates any provision of | 12 | | this Section
shall be subject to suspension or revocation in | 13 | | the manner provided by
this Act.
| 14 | | If any part or provision of this Article or the | 15 | | application thereof
to any person or circumstances shall be | 16 | | adjudged invalid by a court of
competent jurisdiction, such | 17 | | judgment shall be confined by its operation
to the controversy | 18 | | in which it was mentioned and shall not affect or
invalidate | 19 | | the remainder of this Article or the application thereof to
| 20 | | any other person or circumstance and to this and the | 21 | | provisions of this
Article are declared severable.
| 22 | | (Source: P.A. 101-631, eff. 6-2-20.)
| 23 | | (235 ILCS 5/6-28.8) | 24 | | (Section scheduled to be repealed on June 2, 2021) | 25 | | Sec. 6-28.8. Delivery and carry out of mixed drinks |
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| 1 | | permitted. | 2 | | (a) In this Section: | 3 | | "Cocktail" or "mixed drink" means any beverage obtained by | 4 | | combining ingredients alcoholic in nature, whether brewed, | 5 | | fermented, or distilled, with ingredients non-alcoholic in | 6 | | nature, such as fruit juice, lemonade, cream, or a carbonated | 7 | | beverage. | 8 | | "Original container" means, for the purposes of this | 9 | | Section only, a container that is (i) filled, sealed, and | 10 | | secured by a retail licensee's employee at the retail | 11 | | licensee's location with a tamper-evident lid or cap or (ii)
| 12 | | filled and labeled by the manufacturer and secured by the
| 13 | | manufacturer's original unbroken seal . | 14 | | "Sealed container" means a rigid container that contains a | 15 | | mixed drink or a single serving of wine , is new, has never been | 16 | | used, has a secured lid or cap designed to prevent consumption | 17 | | without removal of the lid or cap, and is tamper-evident. | 18 | | "Sealed container" includes a manufacturer's
original | 19 | | container as defined in this subsection. "Sealed container" | 20 | | does not include a container with a lid with sipping holes or | 21 | | openings for straws or a container made of plastic, paper, or | 22 | | polystyrene foam. | 23 | | "Tamper-evident" means a lid or cap that has been sealed | 24 | | with tamper-evident covers, including, but not limited to, wax | 25 | | dip or heat shrink wrap. | 26 | | (b) A cocktail , or mixed drink , or single serving of wine |
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| 1 | | placed in a sealed container by a retail licensee at the retail | 2 | | licensee's location or a manufacturer's original container may | 3 | | be transferred and sold for off-premises consumption if the | 4 | | following requirements are met: | 5 | | (1) the cocktail , mixed drink, or single serving of
| 6 | | wine is transferred within the licensed premises, by a | 7 | | curbside pickup, or by delivery by an employee of the | 8 | | retail licensee who: | 9 | | (A) has been trained in accordance with Section | 10 | | 6-27.1 at the time of the sale; | 11 | | (B) is at least 21 years of age; and | 12 | | (C) upon delivery, verifies the age of the person | 13 | | to whom the cocktail , mixed drink, or single serving | 14 | | of wine is being delivered; | 15 | | (2) if the employee delivering the cocktail , mixed | 16 | | drink, or single serving of wine is not able to safely | 17 | | verify
a person's age or level of intoxication upon | 18 | | delivery, the employee shall cancel the sale of alcohol | 19 | | and return the product to the retail license holder; | 20 | | (3) the sealed container is placed in the trunk of the | 21 | | vehicle or if there is no trunk, in the vehicle's rear | 22 | | compartment that is not readily accessible to the | 23 | | passenger area; | 24 | | (4) except for a manufacturer's original container, a | 25 | | the sealed container filled and sealed at a
retail | 26 | | licensee's location shall be affixed with a label or tag |
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| 1 | | that contains the following information: | 2 | | (A) the cocktail or mixed drink ingredients, type, | 3 | | and name of the alcohol; | 4 | | (B) the name, license number, and address of the | 5 | | retail licensee that filled the original container and | 6 | | sold the product; | 7 | | (C) the volume of the cocktail , or mixed drink , or | 8 | | single serving of wine in the sealed container; and | 9 | | (D) the sealed container was filled less than 7 | 10 | | days before the date of sale ; and . | 11 | | (5) a manufacturer's original container shall be
| 12 | | affixed with a label or tag that contains the name,
| 13 | | license number, and address of the retail licensee that
| 14 | | sold the product. | 15 | | (c) Third-party delivery services are not permitted to | 16 | | deliver cocktails and mixed drinks under this Section. | 17 | | (d) If there is an executive order of the Governor in | 18 | | effect during a disaster, the employee delivering the mixed | 19 | | drink , or cocktail , or single serving of wine must comply with | 20 | | any requirements of that executive order, including, but not | 21 | | limited to, wearing gloves and a mask and maintaining | 22 | | distancing requirements when interacting with the public. | 23 | | (e) Delivery or carry out of a cocktail , or mixed drink , or | 24 | | single serving of wine is prohibited if: | 25 | | (1) a third party delivers the cocktail or mixed | 26 | | drink; |
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| 1 | | (2) a container of a mixed drink , or cocktail , or | 2 | | single serving of wine is not tamper-evident and sealed; | 3 | | (3) a container of a mixed drink , or cocktail , or | 4 | | single serving of wine is transported in the passenger | 5 | | area of a vehicle; | 6 | | (4) a mixed drink , or cocktail , or single serving of | 7 | | wine is delivered by a person or to a person who is under | 8 | | the age of 21; or | 9 | | (5) the person delivering a mixed drink , or cocktail , | 10 | | or single serving of wine fails to verify the age of the | 11 | | person to whom the mixed drink or cocktail is being | 12 | | delivered. | 13 | | (f) Violations of this Section shall be subject to any | 14 | | applicable penalties, including, but not limited to, the | 15 | | penalties specified under Section 11-502 of the Illinois | 16 | | Vehicle Code. | 17 | | (f-5) This Section is not intended to prohibit or preempt | 18 | | the ability of a brew pub, tap room, or distilling pub to | 19 | | continue to temporarily deliver alcoholic liquor pursuant to | 20 | | guidance issued by the State Commission on March 19, 2020 | 21 | | entitled "Illinois Liquor Control Commission, COVID-19 Related | 22 | | Actions, Guidance on Temporary Delivery of Alcoholic Liquor". | 23 | | This Section shall only grant authorization to holders of | 24 | | State of Illinois retail liquor licenses but not to licensees | 25 | | that simultaneously hold any licensure or privilege to | 26 | | manufacture alcoholic liquors within or outside of the State |
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| 1 | | of Illinois. | 2 | | (g) This Section is not a denial or limitation of home rule | 3 | | powers and functions under Section 6 of Article VII of the | 4 | | Illinois Constitution. | 5 | | (h) This Section is repealed on January 3, 2024 one year | 6 | | after the effective date of this amendatory Act of the 101st | 7 | | General Assembly .
| 8 | | (Source: P.A. 101-631, eff. 6-2-20.) | 9 | | (235 ILCS 5/6-37 new) | 10 | | Sec. 6-37. Hospitality vaccination incentive; temporary. | 11 | | (a) Notwithstanding any other provision of law, from June | 12 | | 10, 2021 through July 10, 2021, a retail licensee may offer a | 13 | | single drink of alcoholic liquor at no cost to a customer as | 14 | | part of a publicly advertised promotion to encourage | 15 | | participation in any COVID-19 vaccination program if the | 16 | | customer provides proof of COVID-19 vaccination received at | 17 | | any time. Drinks may be provided under this Section only from 6 | 18 | | p.m. through 10 p.m. | 19 | | This Section is subject to any rule or bulletin posted by | 20 | | the State Commission. | 21 | | (b) A retail licensee's participation in providing a | 22 | | single drink of alcoholic liquor is voluntary and a retail | 23 | | licensee may refuse to provide a single drink at no charge. The | 24 | | retail licensee may determine or restrict which single drink | 25 | | of alcoholic liquor it will provide at no cost but under no |
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| 1 | | circumstances may a single drink of alcoholic liquor exceed | 2 | | 1.5 ounces of distilled spirits, 5 ounces of wine, or 12 ounces | 3 | | of beer. | 4 | | (c) A local liquor control commissioner or local liquor | 5 | | control commission may prohibit retail licensees within its | 6 | | jurisdiction from providing a single drink of alcoholic liquor | 7 | | at no charge by promulgating a rule or policy preempting this | 8 | | Section. | 9 | | (d) After receiving a single drink of alcoholic liquor at | 10 | | no charge, no customer shall receive a subsequent drink from | 11 | | the retail licensee providing the drink at no charge or from | 12 | | another retail licensee on the same day or any subsequent day. | 13 | | In addition to abiding by all other alcoholic liquor sales | 14 | | laws, before providing a single drink at no charge, the retail | 15 | | licensee shall develop procedures to verify the identity of | 16 | | the vaccinated customer by comparing the vaccination card to a | 17 | | form of valid federal or State identification. The retail | 18 | | licensee shall develop procedures to ensure that a customer | 19 | | does not obtain more than a single drink at no charge and the | 20 | | retail licensee shall be subject to penalties imposed by the | 21 | | State Commission if the retail licensee provides more than a | 22 | | single drink to a particular customer at no charge. | 23 | | (e) The State Commission may publish further guidelines on | 24 | | the implementation of this Section not inconsistent with this | 25 | | Section and shall post them on the State Commission's website. | 26 | | (f) This Section is repealed on July 11, 2021.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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