Rep. Sara Feigenholtz

Filed: 4/30/2019





10100SB0054ham001LRB101 04781 RPS 60016 a


2    AMENDMENT NO. ______. Amend Senate Bill 54 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Liquor Control Act of 1934 is amended by
5adding Section 6-29.5 as follows:
6    (235 ILCS 5/6-29.5 new)
7    Sec. 6-29.5. Delivery of alcoholic liquors by a retailer.
8    (a) Entities licensed by the Illinois Liquor Control
9Commission as 1A retailers may make deliveries of unopened
10original packaged alcoholic liquors away from their places of
11business to consumers in the State and within the geographic
12areas specified in paragraphs (1) and (2), whichever is
13applicable, for personal consumption only, and not for resale.
14For the purposes of this subsection and except as otherwise
15provided in this subsection, sales through electronic, online,
16telephone, or other means, such as third-party applications or



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1other software connecting recipients and licensed retailers,
2shall be treated as sales by the retailer if the alcoholic
3liquors delivered to the recipient are made available from the
4inventory of the licensed retailer. However, a unit of local
5government may regulate delivery within its boundaries by 1A
6retailers that are physically located within the unit of local
7government's boundaries.
8        (1) 1A retailers that are located in a county or
9    bordering a county with a population of more than 4,500,000
10    may make deliveries of unopened original packaged
11    alcoholic liquors to consumers within a 30-mile radius of
12    the licensed premises.
13        (2) 1A retailers that are located in any other county
14    may make deliveries of unopened original packaged
15    alcoholic liquors to consumers within a 50-mile radius of
16    the licensed premises.
17    (b) A unit of local government shall not prohibit or
18regulate the ability of a consumer to order or receive unopened
19original packaged alcoholic liquors under this Section by 1A
20retailers that are located outside the unit of local
21government's boundaries.
22    (c) As provided in this Section, 1A retailers may make
23deliveries of unopened original packaged alcoholic liquors to
24consumers through the following methods:
25        (1) delivery at retail curbside pickup by the consumer;
26        (2) delivery by an owner, officer, director,



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1    shareholder, or employee of the licensed retailer; or
2        (3) delivery by a third-party contractor, independent
3    contractor, or agent with whom the licensed retailer has
4    contracted to make deliveries of alcoholic liquors.
5    (d) Any person making a delivery of alcoholic liquors shall
6ensure that:
7        (1) the recipient demonstrates, upon delivery, that he
8    or she is at least 21 years of age, and the party making
9    the delivery verifies the age of the recipient by adequate
10    written evidence of age and identity consistent with
11    subsection (a) of Section 6-16 of this Act;
12        (2) deliveries are not made to a consumer who is
13    visibly intoxicated;
14        (3) deliveries are made within the State of Illinois;
15    and
16        (4) if the person making the delivery is a third-party
17    contractor or agent with whom a licensed retailer has
18    contracted to make deliveries, he or she does not warehouse
19    or otherwise maintain an inventory of alcoholic liquors.
20    (e) This Section does not limit the ability of a retailer
21authorized by a local liquor control commissioner prior to the
22effective date of this amendatory Act of the 101st General
23Assembly to sell alcoholic liquor for off-premises consumption
24solely through the Internet, a mobile application, or a similar
25computer-based technology platform to transfer, deliver, or
26ship alcoholic liquor to any purchaser located in this State



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1without geographic restriction.
2    (f) A home rule unit may not regulate (i) the delivery of
3or (ii) the ordering or receiving for delivery by consumers of
4alcoholic liquors in a manner inconsistent with this Section.
5This Section is a limitation under subsection (i) of Section 6
6of Article VII of the Illinois Constitution on the concurrent
7exercise by home rule units of powers and functions exercised
8by the State.
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".