Full Text of SB3022 100th General Assembly
SB3022 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3022 Introduced 2/15/2018, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED: |
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235 ILCS 5/6-6 | from Ch. 43, par. 123 |
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Amends the Liquor Control Act of 1934. In a provision that allows a manufacturer, distributor, or importing distributor to provide signs to a retailer if certain conditions are met, including a limitation on the dollar value of the signs that may be provided, provides that the cost adjustment factor applied to the limitation on the dollar value of the signs is 5% annually (rather than the change in the consumer price index or 5%, whichever is greater). Effective immediately.
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| | A BILL FOR |
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| | | SB3022 | | LRB100 18964 RPS 34214 b |
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| 1 | | AN ACT concerning liquor.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Section 6-6 as follows:
| 6 | | (235 ILCS 5/6-6) (from Ch. 43, par. 123)
| 7 | | Sec. 6-6.
Except as otherwise provided in this Act no | 8 | | manufacturer or
distributor or importing distributor shall, | 9 | | directly or indirectly,
sell, supply, furnish, give or pay for, | 10 | | or loan or lease, any
furnishing, fixture or equipment on the | 11 | | premises of a place of business
of another licensee authorized | 12 | | under this Act to sell alcoholic liquor
at retail, either for | 13 | | consumption on or off the premises, nor shall he or she,
| 14 | | directly or indirectly, pay for any such license, or advance, | 15 | | furnish,
lend or give money for payment of such license, or | 16 | | purchase or become
the owner of any note, mortgage, or other | 17 | | evidence of indebtedness of
such licensee or any form of | 18 | | security therefor, nor shall such
manufacturer, or | 19 | | distributor, or importing distributor, directly or
indirectly, | 20 | | be interested in the ownership, conduct or operation of the
| 21 | | business of any licensee authorized to sell alcoholic liquor at | 22 | | retail,
nor shall any manufacturer, or distributor, or | 23 | | importing distributor be
interested directly or indirectly or |
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| 1 | | as owner or part owner of said
premises or as lessee or lessor | 2 | | thereof, in any premises upon which
alcoholic liquor is sold at | 3 | | retail.
| 4 | | No manufacturer or distributor or importing distributor | 5 | | shall,
directly or indirectly or through a subsidiary or | 6 | | affiliate, or by any
officer, director or firm of such | 7 | | manufacturer, distributor or importing
distributor, furnish, | 8 | | give, lend or rent, install, repair or maintain,
to or for any | 9 | | retail licensee in this State, any
signs or inside advertising | 10 | | materials except as provided in this Section and
Section 6-5. | 11 | | With respect to
retail licensees, other than any government | 12 | | owned or operated auditorium,
exhibition hall, recreation | 13 | | facility or other similar facility holding a
retailer's license | 14 | | as described in Section 6-5, a manufacturer,
distributor, or | 15 | | importing distributor may furnish, give, lend or rent and
| 16 | | erect, install, repair and maintain to or for any retail | 17 | | licensee, for use
at any one time in or about or in connection | 18 | | with a retail establishment on
which the products of the | 19 | | manufacturer, distributor or importing
distributor are sold, | 20 | | the following signs and inside advertising materials
as | 21 | | authorized in subparts (i), (ii), (iii), and (iv):
| 22 | | (i) Permanent outside signs shall be limited to one | 23 | | outside sign, per
brand, in place and in use at any one | 24 | | time,
costing not more than $893, exclusive of erection,
| 25 | | installation, repair and maintenance costs, and permit | 26 | | fees and
shall bear only the manufacturer's name, brand |
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| 1 | | name, trade name, slogans,
markings, trademark, or other | 2 | | symbols commonly associated with and generally
used in | 3 | | identifying the product including, but not limited to, | 4 | | "cold beer", "on
tap", "carry out", and "packaged liquor".
| 5 | | (ii) Temporary outside signs shall be
limited to one | 6 | | temporary outside sign per brand. Examples of temporary | 7 | | outside
signs are banners, flags, pennants,
streamers, and | 8 | | other items of a temporary and non-permanent
nature. Each | 9 | | temporary outside sign must include the manufacturer's | 10 | | name,
brand name, trade name, slogans, markings,
| 11 | | trademark, or other symbol commonly associated with and | 12 | | generally used in
identifying the product. Temporary | 13 | | outside signs may also include,
for example, the product,
| 14 | | price, packaging, date or dates of a promotion and an | 15 | | announcement of a
retail licensee's specific sponsored | 16 | | event, if the temporary outside sign is
intended to promote | 17 | | a product, and provided that the announcement of the retail
| 18 | | licensee's event and the product promotion are held | 19 | | simultaneously. However,
temporary outside signs may not | 20 | | include names, slogans, markings, or logos that
relate to | 21 | | the retailer. Nothing in this subpart (ii) shall prohibit a
| 22 | | distributor or importing distributor from bearing the cost | 23 | | of creating or
printing a temporary outside sign for the | 24 | | retail licensee's specific sponsored
event or from bearing | 25 | | the cost of creating or printing a temporary sign for a
| 26 | | retail licensee containing, for example, community |
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| 1 | | goodwill expressions,
regional sporting event | 2 | | announcements, or seasonal messages, provided that the
| 3 | | primary purpose of the temporary outside sign is to | 4 | | highlight, promote, or
advertise the product.
In addition, | 5 | | temporary outside signs provided by the manufacturer to
the | 6 | | distributor or importing distributor may also include, for | 7 | | example, subject
to the limitations of this Section, | 8 | | preprinted community goodwill expressions,
sporting event | 9 | | announcements, seasonal messages, and manufacturer | 10 | | promotional
announcements. However, a distributor or | 11 | | importing distributor shall not bear
the cost of such | 12 | | manufacturer preprinted signs.
| 13 | | (iii) Permanent inside
signs, whether visible from the | 14 | | outside or the inside of the premises,
include, but are not | 15 | | limited to: alcohol lists and menus that may include
names, | 16 | | slogans, markings, or logos that relate to the retailer; | 17 | | neons;
illuminated signs; clocks; table lamps; mirrors; | 18 | | tap handles; decalcomanias;
window painting; and window | 19 | | trim. All permanent inside signs in place
and in use at any | 20 | | one time shall cost in the aggregate not more than $2000 | 21 | | per
manufacturer. A permanent inside sign must include the
| 22 | | manufacturer's name, brand name, trade name, slogans, | 23 | | markings, trademark, or
other symbol commonly associated | 24 | | with and generally used in identifying
the product. | 25 | | However,
permanent inside signs may not include names, | 26 | | slogans, markings, or logos
that relate to the retailer. |
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| 1 | | For the purpose of this subpart (iii), all
permanent inside | 2 | | signs may be displayed in an adjacent courtyard or patio
| 3 | | commonly referred to as a "beer garden" that is a part of | 4 | | the retailer's
licensed premises.
| 5 | | (iv) Temporary inside signs shall include, but are not | 6 | | limited to, lighted
chalk boards, acrylic table tent | 7 | | beverage or hors d'oeuvre list holders,
banners, flags, | 8 | | pennants, streamers, and inside advertising materials such | 9 | | as
posters, placards, bowling sheets, table tents, inserts | 10 | | for acrylic table tent
beverage or hors d'oeuvre list | 11 | | holders, sports schedules,
or similar printed or | 12 | | illustrated materials; however, such items, for example,
| 13 | | as coasters, trays, napkins, glassware and cups shall not | 14 | | be deemed to be
inside signs or advertising materials and | 15 | | may only be sold to retailers. All
temporary inside signs | 16 | | and inside advertising materials in place and in use at
any | 17 | | one time shall cost in the aggregate not more than $325 per | 18 | | manufacturer.
Nothing in this subpart (iv) prohibits a | 19 | | distributor or importing distributor
from paying the cost | 20 | | of
printing or creating any temporary inside banner or | 21 | | inserts for acrylic table
tent beverage or hors d'oeuvre | 22 | | list holders for a retail licensee, provided
that the | 23 | | primary purpose for the banner or insert is to highlight, | 24 | | promote, or
advertise the product. For the purpose of this | 25 | | subpart (iv), all temporary
inside signs and inside | 26 | | advertising materials may be displayed in an adjacent
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| 1 | | courtyard or patio commonly referred to as a "beer garden" | 2 | | that is a part of
the retailer's licensed premises.
| 3 | | A "cost adjustment factor" shall be used to periodically | 4 | | update the
dollar limitations prescribed in subparts (i), | 5 | | (iii), and (iv). The Commission
shall establish the adjusted | 6 | | dollar limitation on an annual basis beginning in
January, | 7 | | 1997. The term "cost adjustment factor"
means a percentage | 8 | | equal to the change in the Bureau of Labor Statistics
Consumer | 9 | | Price Index or 5% , whichever is greater .
The restrictions | 10 | | contained in this Section 6-6 do not apply to signs, or
| 11 | | promotional or advertising materials furnished by | 12 | | manufacturers, distributors
or importing distributors to a | 13 | | government owned or operated facility holding
a retailer's | 14 | | license as described in Section 6-5.
| 15 | | No distributor or importing distributor shall directly or | 16 | | indirectly
or through a subsidiary or affiliate, or by any | 17 | | officer, director or
firm of such manufacturer, distributor or | 18 | | importing distributor,
furnish, give, lend or rent, install, | 19 | | repair or maintain, to or for any
retail licensee in this | 20 | | State, any signs or
inside advertising materials described in | 21 | | subparts (i), (ii), (iii), or (iv)
of this Section except as | 22 | | the agent for or on behalf of a manufacturer,
provided that the | 23 | | total cost of any signs and inside advertising materials
| 24 | | including but not limited to labor, erection, installation and | 25 | | permit fees
shall be paid by the manufacturer whose product or | 26 | | products said signs
and inside advertising materials advertise |
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| 1 | | and except as follows:
| 2 | | A distributor or importing distributor may purchase from or | 3 | | enter into a
written agreement with a manufacturer or a | 4 | | manufacturer's designated supplier
and such manufacturer or | 5 | | the manufacturer's designated supplier may sell or
enter into | 6 | | an agreement to sell to a distributor or importing distributor
| 7 | | permitted signs and advertising materials described in | 8 | | subparts (ii), (iii), or
(iv) of this Section for the purpose | 9 | | of furnishing, giving, lending, renting,
installing, | 10 | | repairing, or maintaining such signs or advertising materials | 11 | | to or
for any retail licensee in this State. Any purchase by a | 12 | | distributor or
importing distributor from a manufacturer or a | 13 | | manufacturer's designated
supplier shall be voluntary and the | 14 | | manufacturer may not require the
distributor or the importing | 15 | | distributor to purchase signs or advertising
materials from the | 16 | | manufacturer or the manufacturer's designated supplier.
| 17 | | A distributor or importing distributor shall be deemed the | 18 | | owner of such
signs or advertising materials purchased from a | 19 | | manufacturer or
a manufacturer's designated supplier.
| 20 | | The provisions of Public Act 90-373
concerning signs or | 21 | | advertising materials delivered by a manufacturer to a
| 22 | | distributor or importing distributor shall apply only to signs | 23 | | or advertising
materials delivered on or after August 14, 1997.
| 24 | | A manufacturer, distributor, or importing distributor may | 25 | | furnish free social media advertising to a retail licensee if | 26 | | the social media advertisement does not contain the retail |
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| 1 | | price of any alcoholic liquor and the social media | 2 | | advertisement complies with any applicable rules or | 3 | | regulations issued by the Alcohol and Tobacco Tax and Trade | 4 | | Bureau of the United States Department of the Treasury. A | 5 | | manufacturer, distributor, or importing distributor may list | 6 | | the names of one or more unaffiliated retailers in the | 7 | | advertisement of alcoholic liquor through social media. | 8 | | Nothing in this Section shall prohibit a retailer from | 9 | | communicating with a manufacturer, distributor, or importing | 10 | | distributor on social media or sharing media on the social | 11 | | media of a manufacturer, distributor, or importing | 12 | | distributor. A retailer may request free social media | 13 | | advertising from a manufacturer, distributor, or importing | 14 | | distributor. Nothing in this Section shall prohibit a | 15 | | manufacturer, distributor, or importing distributor from | 16 | | sharing, reposting, or otherwise forwarding a social media post | 17 | | by a retail licensee, so long as the sharing, reposting, or | 18 | | forwarding of the social media post does not contain the retail | 19 | | price of any alcoholic liquor. No manufacturer, distributor, or | 20 | | importing distributor shall pay or reimburse a retailer, | 21 | | directly or indirectly, for any social media advertising | 22 | | services, except as specifically permitted in this Act. No | 23 | | retailer shall accept any payment or reimbursement, directly or | 24 | | indirectly, for any social media advertising services offered | 25 | | by a manufacturer, distributor, or importing distributor, | 26 | | except as specifically permitted in this Act. For the purposes |
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| 1 | | of this Section, "social media" means a service, platform, or | 2 | | site where users communicate with one another and share media, | 3 | | such as pictures, videos, music, and blogs, with other users | 4 | | free of charge. | 5 | | No person engaged in the business of manufacturing, | 6 | | importing or
distributing alcoholic liquors shall, directly or | 7 | | indirectly, pay for,
or advance, furnish, or lend money for the | 8 | | payment of any license for
another. Any licensee who shall | 9 | | permit or assent, or be a party in any
way to any violation or | 10 | | infringement of the provisions of this Section
shall be deemed | 11 | | guilty of a violation of this Act, and any money loaned
| 12 | | contrary to a provision of this Act shall not be recovered | 13 | | back, or any
note, mortgage or other evidence of indebtedness, | 14 | | or security, or any
lease or contract obtained or made contrary | 15 | | to this Act shall be
unenforceable and void.
| 16 | | This Section shall not apply to airplane licensees | 17 | | exercising powers
provided in paragraph (i) of Section 5-1 of | 18 | | this Act.
| 19 | | (Source: P.A. 98-756, eff. 7-16-14; 99-448, eff. 8-24-15.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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