Sen. Michael E. Hastings

Filed: 5/21/2019





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2    AMENDMENT NO. ______. Amend House Bill 3610 as follows:
3on page 1, line 5, by replacing "Section 5-1" with "Sections
45-1, 6-6, and 6-6.5"; and
5on page 26, immediately below line 14, by inserting the
7    "(235 ILCS 5/6-6)  (from Ch. 43, par. 123)
8    Sec. 6-6. Except as otherwise provided in this Act no
9manufacturer or distributor or importing distributor shall,
10directly or indirectly, sell, supply, furnish, give or pay for,
11or loan or lease, any furnishing, fixture or equipment on the
12premises of a place of business of another licensee authorized
13under this Act to sell alcoholic liquor at retail, either for
14consumption on or off the premises, nor shall he or she,
15directly or indirectly, pay for any such license, or advance,



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1furnish, lend or give money for payment of such license, or
2purchase or become the owner of any note, mortgage, or other
3evidence of indebtedness of such licensee or any form of
4security therefor, nor shall such manufacturer, or
5distributor, or importing distributor, directly or indirectly,
6be interested in the ownership, conduct or operation of the
7business of any licensee authorized to sell alcoholic liquor at
8retail, nor shall any manufacturer, or distributor, or
9importing distributor be interested directly or indirectly or
10as owner or part owner of said premises or as lessee or lessor
11thereof, in any premises upon which alcoholic liquor is sold at
13    No manufacturer or distributor or importing distributor
14shall, directly or indirectly or through a subsidiary or
15affiliate, or by any officer, director or firm of such
16manufacturer, distributor or importing distributor, furnish,
17give, lend or rent, install, repair or maintain, to or for any
18retail licensee in this State, any signs or inside advertising
19materials except as provided in this Section and Section 6-5.
20With respect to retail licensees, other than any government
21owned or operated auditorium, exhibition hall, recreation
22facility or other similar facility holding a retailer's license
23as described in Section 6-5, a manufacturer, distributor, or
24importing distributor may furnish, give, lend or rent and
25erect, install, repair and maintain to or for any retail
26licensee, for use at any one time in or about or in connection



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1with a retail establishment on which the products of the
2manufacturer, distributor or importing distributor are sold,
3the following signs and inside advertising materials as
4authorized in subparts (i), (ii), (iii), and (iv):
5        (i) Permanent outside signs shall cost not more than
6    $3,000 per manufacturer, exclusive of erection,
7    installation, repair and maintenance costs, and permit
8    fees and shall bear only the manufacturer's name, brand
9    name, trade name, slogans, markings, trademark, or other
10    symbols commonly associated with and generally used in
11    identifying the product including, but not limited to,
12    "cold beer", "on tap", "carry out", and "packaged liquor".
13        (ii) Temporary outside signs shall include, but not be
14    limited to, banners, flags, pennants, streamers, and other
15    items of a temporary and non-permanent nature, and shall
16    cost not more than $1,000 per manufacturer. Each temporary
17    outside sign must include the manufacturer's name, brand
18    name, trade name, slogans, markings, trademark, or other
19    symbol commonly associated with and generally used in
20    identifying the product. Temporary outside signs may also
21    include, for example, the product, price, packaging, date
22    or dates of a promotion and an announcement of a retail
23    licensee's specific sponsored event, if the temporary
24    outside sign is intended to promote a product, and provided
25    that the announcement of the retail licensee's event and
26    the product promotion are held simultaneously. However,



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1    temporary outside signs may not include names, slogans,
2    markings, or logos that relate to the retailer. Nothing in
3    this subpart (ii) shall prohibit a distributor or importing
4    distributor from bearing the cost of creating or printing a
5    temporary outside sign for the retail licensee's specific
6    sponsored event or from bearing the cost of creating or
7    printing a temporary sign for a retail licensee containing,
8    for example, community goodwill expressions, regional
9    sporting event announcements, or seasonal messages,
10    provided that the primary purpose of the temporary outside
11    sign is to highlight, promote, or advertise the product. In
12    addition, temporary outside signs provided by the
13    manufacturer to the distributor or importing distributor
14    may also include, for example, subject to the limitations
15    of this Section, preprinted community goodwill
16    expressions, sporting event announcements, seasonal
17    messages, and manufacturer promotional announcements.
18    However, a distributor or importing distributor shall not
19    bear the cost of such manufacturer preprinted signs.
20        (iii) Permanent inside signs, whether visible from the
21    outside or the inside of the premises, include, but are not
22    limited to: alcohol lists and menus that may include names,
23    slogans, markings, or logos that relate to the retailer;
24    neons; illuminated signs; clocks; table lamps; mirrors;
25    tap handles; decalcomanias; window painting; and window
26    trim. All neons, illuminated signs, clocks, table lamps,



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1    mirrors, and tap handles are the property of the
2    manufacturer and shall be returned to the manufacturer or
3    its agent upon request. All permanent inside signs in place
4    and in use at any one time shall cost in the aggregate not
5    more than $6,000 per manufacturer. A permanent inside sign
6    must include the manufacturer's name, brand name, trade
7    name, slogans, markings, trademark, or other symbol
8    commonly associated with and generally used in identifying
9    the product. However, permanent inside signs may not
10    include names, slogans, markings, or logos that relate to
11    the retailer. For the purpose of this subpart (iii), all
12    permanent inside signs may be displayed in an adjacent
13    courtyard or patio commonly referred to as a "beer garden"
14    that is a part of the retailer's licensed premises.
15        (iv) Temporary inside signs shall include, but are not
16    limited to, lighted chalk boards, acrylic table tent
17    beverage or hors d'oeuvre list holders, banners, flags,
18    pennants, streamers, and inside advertising materials such
19    as posters, placards, bowling sheets, table tents, inserts
20    for acrylic table tent beverage or hors d'oeuvre list
21    holders, sports schedules, or similar printed or
22    illustrated materials and product displays, such as
23    display racks, bins, barrels, or similar items, the primary
24    function of which is to temporarily hold and display
25    alcoholic beverages; however, such items, for example, as
26    coasters, trays, napkins, glassware, growlers, crowlers,



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1    and cups shall not be deemed to be inside signs or
2    advertising materials and may only be sold to retailers at
3    fair market value, which shall be no less than the cost of
4    the item to the manufacturer, distributor, or importing
5    distributor. All temporary inside signs and inside
6    advertising materials in place and in use at any one time
7    shall cost in the aggregate not more than $1,000 per
8    manufacturer. Nothing in this subpart (iv) prohibits a
9    distributor or importing distributor from paying the cost
10    of printing or creating any temporary inside banner or
11    inserts for acrylic table tent beverage or hors d'oeuvre
12    list holders for a retail licensee, provided that the
13    primary purpose for the banner or insert is to highlight,
14    promote, or advertise the product. For the purpose of this
15    subpart (iv), all temporary inside signs and inside
16    advertising materials may be displayed in an adjacent
17    courtyard or patio commonly referred to as a "beer garden"
18    that is a part of the retailer's licensed premises.
19    The restrictions contained in this Section 6-6 do not apply
20to signs, or promotional or advertising materials furnished by
21manufacturers, distributors or importing distributors to a
22government owned or operated facility holding a retailer's
23license as described in Section 6-5.
24    No distributor or importing distributor shall directly or
25indirectly or through a subsidiary or affiliate, or by any
26officer, director or firm of such manufacturer, distributor or



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1importing distributor, furnish, give, lend or rent, install,
2repair or maintain, to or for any retail licensee in this
3State, any signs or inside advertising materials described in
4subparts (i), (ii), (iii), or (iv) of this Section except as
5the agent for or on behalf of a manufacturer, provided that the
6total cost of any signs and inside advertising materials
7including but not limited to labor, erection, installation and
8permit fees shall be paid by the manufacturer whose product or
9products said signs and inside advertising materials advertise
10and except as follows:
11    A distributor or importing distributor may purchase from or
12enter into a written agreement with a manufacturer or a
13manufacturer's designated supplier and such manufacturer or
14the manufacturer's designated supplier may sell or enter into
15an agreement to sell to a distributor or importing distributor
16permitted signs and advertising materials described in
17subparts (ii), (iii), or (iv) of this Section for the purpose
18of furnishing, giving, lending, renting, installing,
19repairing, or maintaining such signs or advertising materials
20to or for any retail licensee in this State. Any purchase by a
21distributor or importing distributor from a manufacturer or a
22manufacturer's designated supplier shall be voluntary and the
23manufacturer may not require the distributor or the importing
24distributor to purchase signs or advertising materials from the
25manufacturer or the manufacturer's designated supplier.
26    A distributor or importing distributor shall be deemed the



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1owner of such signs or advertising materials purchased from a
2manufacturer or a manufacturer's designated supplier.
3    The provisions of Public Act 90-373 concerning signs or
4advertising materials delivered by a manufacturer to a
5distributor or importing distributor shall apply only to signs
6or advertising materials delivered on or after August 14, 1997.
7    A manufacturer, distributor, or importing distributor may
8furnish free social media advertising to a retail licensee if
9the social media advertisement does not contain the retail
10price of any alcoholic liquor and the social media
11advertisement complies with any applicable rules or
12regulations issued by the Alcohol and Tobacco Tax and Trade
13Bureau of the United States Department of the Treasury. A
14manufacturer, distributor, or importing distributor may list
15the names of one or more unaffiliated retailers in the
16advertisement of alcoholic liquor through social media.
17Nothing in this Section shall prohibit a retailer from
18communicating with a manufacturer, distributor, or importing
19distributor on social media or sharing media on the social
20media of a manufacturer, distributor, or importing
21distributor. A retailer may request free social media
22advertising from a manufacturer, distributor, or importing
23distributor. Nothing in this Section shall prohibit a
24manufacturer, distributor, or importing distributor from
25sharing, reposting, or otherwise forwarding a social media post
26by a retail licensee, so long as the sharing, reposting, or



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1forwarding of the social media post does not contain the retail
2price of any alcoholic liquor. No manufacturer, distributor, or
3importing distributor shall pay or reimburse a retailer,
4directly or indirectly, for any social media advertising
5services, except as specifically permitted in this Act. No
6retailer shall accept any payment or reimbursement, directly or
7indirectly, for any social media advertising services offered
8by a manufacturer, distributor, or importing distributor,
9except as specifically permitted in this Act. For the purposes
10of this Section, "social media" means a service, platform, or
11site where users communicate with one another and share media,
12such as pictures, videos, music, and blogs, with other users
13free of charge.
14    No person engaged in the business of manufacturing,
15importing or distributing alcoholic liquors shall, directly or
16indirectly, pay for, or advance, furnish, or lend money for the
17payment of any license for another. Any licensee who shall
18permit or assent, or be a party in any way to any violation or
19infringement of the provisions of this Section shall be deemed
20guilty of a violation of this Act, and any money loaned
21contrary to a provision of this Act shall not be recovered
22back, or any note, mortgage or other evidence of indebtedness,
23or security, or any lease or contract obtained or made contrary
24to this Act shall be unenforceable and void.
25    This Section shall not apply to airplane licensees
26exercising powers provided in paragraph (i) of Section 5-1 of



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1this Act.
2(Source: P.A. 99-448, eff. 8-24-15; 100-885, eff. 8-14-18.)
3    (235 ILCS 5/6-6.5)
4    Sec. 6-6.5. Sanitation and use of growlers and crowlers.
5    (a) A manufacturer, distributor, or importing distributor
6may not provide for free, but may sell coil cleaning services
7and installation services, including labor costs, to a retail
8licensee at fair market cost.
9    A manufacturer, distributor, or importing distributor may
10not provide for free, but may sell dispensing accessories to
11retail licensees at a price not less than the cost to the
12manufacturer, distributor, or importing distributor who
13initially purchased them. Dispensing accessories include, but
14are not limited to, items such as standards, faucets, cold
15plates, rods, vents, taps, tap standards, hoses, washers,
16couplings, gas gauges, vent tongues, shanks, glycol draught
17systems, pumps, and check valves.
18    Coil cleaning supplies consisting of detergents, cleaning
19chemicals, brushes, or similar type cleaning devices may be
20sold at a price not less than the cost to the manufacturer,
21distributor, or importing distributor.
22    (a-5) A manufacturer of beer licensed under subsection (e)
23of Section 6-4 or a brew pub may transfer any beer manufactured
24or sold on its licensed premises to a growler or crowler and
25sell those growlers or crowlers to non-licensees for



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1consumption off the premises. A manufacturer of beer under
2subsection (e) of Section 6-4 or a brew pub is not subject to
3subsection (b) of this Section.
4    (b) An on-premises retail licensee may transfer beer to a
5growler or crowler, which is not an original manufacturer
6container, but is a reusable rigid container that holds up to
7128 fluid ounces of beer and is designed to be sealed on
8premises by the licensee for off-premises consumption, if the
9following requirements are met:
10        (1) the beer is transferred within the licensed
11    premises by an employee of the licensed premises at the
12    time of sale;
13        (2) the person transferring the alcohol to be sold to
14    the end consumer is 21 years of age or older;
15        (3) the growler or crowler holds no more than 128 fluid
16    ounces;
17        (4) the growler or crowler bears a twist-type closure,
18    cork, stopper, or plug and includes a one-time use
19    tamper-proof seal;
20        (5) the growler or crowler is affixed with a label or
21    tag that contains the following information:
22            (A) the brand name of the product dispensed;
23            (B) the name of the brewer or bottler;
24            (C) the type of product, such as beer, ale, lager,
25        bock, stout, or other brewed or fermented beverage;
26            (D) the net contents;



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1            (E) the name and address of the business that
2        cleaned, sanitized, labeled, and filled or refilled
3        the growler or crowler; and
4            (F) the date the growler or crowler was filled or
5        refilled;
6        (5.5) the growler or crowler has been purged with CO2
7    prior to sealing the container;
8        (6) the on-premises retail licensee complies with the
9    sanitation requirements under subsections (a) through (c)
10    of 11 Ill. Adm. Code 100.160 when sanitizing the dispensing
11    equipment used to draw beer to fill the growler or crowler
12    or refill the growler;
13        (7) before filling the growler or crowler or refilling
14    the growler, the on-premises retail licensee or licensee's
15    employee shall clean and sanitize the growler or crowler in
16    one of the following manners:
17            (A) By manual washing in a 3-compartment sink.
18                (i) Before sanitizing the growler or crowler,
19            the sinks and work area shall be cleaned to remove
20            any chemicals, oils, or grease from other cleaning
21            activities.
22                (ii) Any residual liquid from the growler
23            shall be emptied into a drain. A growler shall not
24            be emptied into the cleaning water.
25                (iii) The growler and cap shall be cleaned in
26            water and detergent. The water temperature shall



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1            be, at a minimum, 110 degrees Fahrenheit or the
2            temperature specified on the cleaning agent
3            manufacturer's label instructions. The detergent
4            shall not be fat-based or oil-based.
5                (iv) Any residues on the interior and exterior
6            of the growler shall be removed.
7                (v) The growler and cap shall be rinsed with
8            water in the middle compartment. Rinsing may be
9            from the spigot with a spray arm, from a spigot, or
10            from a tub as long as the water for rinsing is not
11            stagnant but is continually refreshed.
12                (vi) The growler shall be sanitized in the
13            third compartment. Chemical sanitizer shall be
14            used in accordance with the United States
15            Environmental Protection Agency-registered label
16            use instructions and shall meet the minimum water
17            temperature requirements of that chemical.
18                (vii) A test kit or other device that
19            accurately measures the concentration in
20            milligrams per liter of chemical sanitizing
21            solutions shall be provided and be readily
22            accessible for use.
23            (B) By using a mechanical washing and sanitizing
24        machine.
25                (i) Mechanical washing and sanitizing machines
26            shall be provided with an easily accessible and



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1            readable data plate affixed to the machine by the
2            manufacturer and shall be used according to the
3            machine's design and operation specifications.
4                (ii) Mechanical washing and sanitizing
5            machines shall be equipped with chemical or hot
6            water sanitization.
7                (iii) The concentration of the sanitizing
8            solution or the water temperature shall be
9            accurately determined by using a test kit or other
10            device.
11                (iv) The machine shall be regularly serviced
12            based upon the manufacturer's or installer's
13            guidelines.
14            (C) By transferring beer to a growler or crowler
15        with a tube.
16                (i) Beer may be transferred to a growler or
17            crowler from the bottom of the growler or crowler
18            to the top with a tube that is attached to the tap
19            and extends to the bottom of the growler or crowler
20            or with a commercial filling machine.
21                (ii) Food grade sanitizer shall be used in
22            accordance with the United States Environmental
23            Protection Agency-registered label use
24            instructions.
25                (iii) A container of liquid food grade
26            sanitizer shall be maintained for no more than 10



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1            malt beverage taps that will be used for filling
2            growlers or crowlers and refilling growlers.
3                (iv) Each container shall contain no less than
4            5 tubes that will be used only for filling growlers
5            or crowlers and refilling growlers.
6                (v) The growler or crowler must be inspected
7            visually for contamination.
8                (vi) After each transfer of beer to a growler
9            or crowler, the tube shall be immersed in the
10            container with the liquid food grade sanitizer.
11                (vii) A different tube from the container must
12            be used for each fill of a growler or crowler or
13            refill of a growler.
14    (c) Growlers and crowlers that comply with items (4) and
15(5) of subsection (b) shall not be deemed an unsealed container
16for purposes of Section 11-502 of the Illinois Vehicle Code.
17    (d) Growlers and crowlers, as described and authorized
18under this Section, are not original packages for the purposes
19of this Act. Upon a consumer taking possession of a growler or
20crowler from an on-premises retail licensee, the growler or
21crowler and its contents are deemed to be in the sole custody,
22control, and care of the consumer.
23(Source: P.A. 90-432, eff. 1-1-98.)
24    Section 10. The Illinois Vehicle Code is amended by
25changing Section 11-502 as follows:



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1    (625 ILCS 5/11-502)  (from Ch. 95 1/2, par. 11-502)
2    Sec. 11-502. Transportation or possession of alcoholic
3liquor in a motor vehicle.
4    (a) Except as provided in paragraph (c) and in Sections
56-6.5 and 6-33 of the Liquor Control Act of 1934, no driver may
6transport, carry, possess or have any alcoholic liquor within
7the passenger area of any motor vehicle upon a highway in this
8State except in the original container and with the seal
10    (b) Except as provided in paragraph (c) and in Sections
116-6.5 and 6-33 of the Liquor Control Act of 1934, no passenger
12may carry, possess or have any alcoholic liquor within any
13passenger area of any motor vehicle upon a highway in this
14State except in the original container and with the seal
16    (c) This Section shall not apply to the passengers in a
17limousine when it is being used for purposes for which a
18limousine is ordinarily used, the passengers on a chartered bus
19when it is being used for purposes for which chartered buses
20are ordinarily used or on a motor home or mini motor home as
21defined in Section 1-145.01 of this Code. However, the driver
22of any such vehicle is prohibited from consuming or having any
23alcoholic liquor in or about the driver's area. Any evidence of
24alcoholic consumption by the driver shall be prima facie
25evidence of such driver's failure to obey this Section. For the



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1purposes of this Section, a limousine is a motor vehicle of the
2first division with the passenger compartment enclosed by a
3partition or dividing window used in the for-hire
4transportation of passengers and operated by an individual in
5possession of a valid Illinois driver's license of the
6appropriate classification pursuant to Section 6-104 of this
8    (d) (Blank).
9    (e) Any driver who is convicted of violating subsection (a)
10of this Section for a second or subsequent time within one year
11of a similar conviction shall be subject to suspension of
12driving privileges as provided, in paragraph 23 of subsection
13(a) of Section 6-206 of this Code.
14    (f) Any driver, who is less than 21 years of age at the
15date of the offense and who is convicted of violating
16subsection (a) of this Section or a similar provision of a
17local ordinance, shall be subject to the loss of driving
18privileges as provided in paragraph 13 of subsection (a) of
19Section 6-205 of this Code and paragraph 33 of subsection (a)
20of Section 6-206 of this Code.
21(Source: P.A. 94-1047, eff. 1-1-07; 95-847, eff. 8-15-08.)".