Illinois General Assembly - Full Text of SB0596
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Full Text of SB0596  101st General Assembly


Sen. Michael E. Hastings

Filed: 3/21/2019





10100SB0596sam001LRB101 04358 RPS 58230 a


2    AMENDMENT NO. ______. Amend Senate Bill 596 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 6-6 and 6-6.5 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
8manufacturer or distributor or importing distributor shall,
9directly or indirectly, sell, supply, furnish, give or pay for,
10or loan or lease, any furnishing, fixture or equipment on the
11premises of a place of business of another licensee authorized
12under this Act to sell alcoholic liquor at retail, either for
13consumption on or off the premises, nor shall he or she,
14directly or indirectly, pay for any such license, or advance,
15furnish, lend or give money for payment of such license, or
16purchase or become the owner of any note, mortgage, or other



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1evidence of indebtedness of such licensee or any form of
2security therefor, nor shall such manufacturer, or
3distributor, or importing distributor, directly or indirectly,
4be interested in the ownership, conduct or operation of the
5business of any licensee authorized to sell alcoholic liquor at
6retail, nor shall any manufacturer, or distributor, or
7importing distributor be interested directly or indirectly or
8as owner or part owner of said premises or as lessee or lessor
9thereof, in any premises upon which alcoholic liquor is sold at
11    No manufacturer or distributor or importing distributor
12shall, directly or indirectly or through a subsidiary or
13affiliate, or by any officer, director or firm of such
14manufacturer, distributor or importing distributor, furnish,
15give, lend or rent, install, repair or maintain, to or for any
16retail licensee in this State, any signs or inside advertising
17materials except as provided in this Section and Section 6-5.
18With respect to retail licensees, other than any government
19owned or operated auditorium, exhibition hall, recreation
20facility or other similar facility holding a retailer's license
21as described in Section 6-5, a manufacturer, distributor, or
22importing distributor may furnish, give, lend or rent and
23erect, install, repair and maintain to or for any retail
24licensee, for use at any one time in or about or in connection
25with a retail establishment on which the products of the
26manufacturer, distributor or importing distributor are sold,



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1the following signs and inside advertising materials as
2authorized in subparts (i), (ii), (iii), and (iv):
3        (i) Permanent outside signs shall cost not more than
4    $3,000 per manufacturer, exclusive of erection,
5    installation, repair and maintenance costs, and permit
6    fees and shall bear only the manufacturer's name, brand
7    name, trade name, slogans, markings, trademark, or other
8    symbols commonly associated with and generally used in
9    identifying the product including, but not limited to,
10    "cold beer", "on tap", "carry out", and "packaged liquor".
11        (ii) Temporary outside signs shall include, but not be
12    limited to, banners, flags, pennants, streamers, and other
13    items of a temporary and non-permanent nature, and shall
14    cost not more than $1,000 per manufacturer. Each temporary
15    outside sign must include the manufacturer's name, brand
16    name, trade name, slogans, markings, trademark, or other
17    symbol commonly associated with and generally used in
18    identifying the product. Temporary outside signs may also
19    include, for example, the product, price, packaging, date
20    or dates of a promotion and an announcement of a retail
21    licensee's specific sponsored event, if the temporary
22    outside sign is intended to promote a product, and provided
23    that the announcement of the retail licensee's event and
24    the product promotion are held simultaneously. However,
25    temporary outside signs may not include names, slogans,
26    markings, or logos that relate to the retailer. Nothing in



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1    this subpart (ii) shall prohibit a distributor or importing
2    distributor from bearing the cost of creating or printing a
3    temporary outside sign for the retail licensee's specific
4    sponsored event or from bearing the cost of creating or
5    printing a temporary sign for a retail licensee containing,
6    for example, community goodwill expressions, regional
7    sporting event announcements, or seasonal messages,
8    provided that the primary purpose of the temporary outside
9    sign is to highlight, promote, or advertise the product. In
10    addition, temporary outside signs provided by the
11    manufacturer to the distributor or importing distributor
12    may also include, for example, subject to the limitations
13    of this Section, preprinted community goodwill
14    expressions, sporting event announcements, seasonal
15    messages, and manufacturer promotional announcements.
16    However, a distributor or importing distributor shall not
17    bear the cost of such manufacturer preprinted signs.
18        (iii) Permanent inside signs, whether visible from the
19    outside or the inside of the premises, include, but are not
20    limited to: alcohol lists and menus that may include names,
21    slogans, markings, or logos that relate to the retailer;
22    neons; illuminated signs; clocks; table lamps; mirrors;
23    tap handles; decalcomanias; window painting; and window
24    trim. All neons, illuminated signs, clocks, table lamps,
25    mirrors, and tap handles are the property of the
26    manufacturer and shall be returned to the manufacturer or



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



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



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



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1    The provisions of Public Act 90-373 concerning signs or
2advertising materials delivered by a manufacturer to a
3distributor or importing distributor shall apply only to signs
4or advertising materials delivered on or after August 14, 1997.
5    A manufacturer, distributor, or importing distributor may
6furnish free social media advertising to a retail licensee if
7the social media advertisement does not contain the retail
8price of any alcoholic liquor and the social media
9advertisement complies with any applicable rules or
10regulations issued by the Alcohol and Tobacco Tax and Trade
11Bureau of the United States Department of the Treasury. A
12manufacturer, distributor, or importing distributor may list
13the names of one or more unaffiliated retailers in the
14advertisement of alcoholic liquor through social media.
15Nothing in this Section shall prohibit a retailer from
16communicating with a manufacturer, distributor, or importing
17distributor on social media or sharing media on the social
18media of a manufacturer, distributor, or importing
19distributor. A retailer may request free social media
20advertising from a manufacturer, distributor, or importing
21distributor. Nothing in this Section shall prohibit a
22manufacturer, distributor, or importing distributor from
23sharing, reposting, or otherwise forwarding a social media post
24by a retail licensee, so long as the sharing, reposting, or
25forwarding of the social media post does not contain the retail
26price of any alcoholic liquor. No manufacturer, distributor, or



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1importing distributor shall pay or reimburse a retailer,
2directly or indirectly, for any social media advertising
3services, except as specifically permitted in this Act. No
4retailer shall accept any payment or reimbursement, directly or
5indirectly, for any social media advertising services offered
6by a manufacturer, distributor, or importing distributor,
7except as specifically permitted in this Act. For the purposes
8of this Section, "social media" means a service, platform, or
9site where users communicate with one another and share media,
10such as pictures, videos, music, and blogs, with other users
11free of charge.
12    No person engaged in the business of manufacturing,
13importing or distributing alcoholic liquors shall, directly or
14indirectly, pay for, or advance, furnish, or lend money for the
15payment of any license for another. Any licensee who shall
16permit or assent, or be a party in any way to any violation or
17infringement of the provisions of this Section shall be deemed
18guilty of a violation of this Act, and any money loaned
19contrary to a provision of this Act shall not be recovered
20back, or any note, mortgage or other evidence of indebtedness,
21or security, or any lease or contract obtained or made contrary
22to this Act shall be unenforceable and void.
23    This Section shall not apply to airplane licensees
24exercising powers provided in paragraph (i) of Section 5-1 of
25this Act.
26(Source: P.A. 99-448, eff. 8-24-15; 100-885, eff. 8-14-18.)



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1    (235 ILCS 5/6-6.5)
2    Sec. 6-6.5. Sanitation and use of growlers.
3    (a) A manufacturer, distributor, or importing distributor
4may not provide for free, but may sell coil cleaning services
5and installation services, including labor costs, to a retail
6licensee at fair market cost.
7    A manufacturer, distributor, or importing distributor may
8not provide for free, but may sell dispensing accessories to
9retail licensees at a price not less than the cost to the
10manufacturer, distributor, or importing distributor who
11initially purchased them. Dispensing accessories include, but
12are not limited to, items such as standards, faucets, cold
13plates, rods, vents, taps, tap standards, hoses, washers,
14couplings, gas gauges, vent tongues, shanks, glycol draught
15systems, pumps, and check valves.
16    Coil cleaning supplies consisting of detergents, cleaning
17chemicals, brushes, or similar type cleaning devices may be
18sold at a price not less than the cost to the manufacturer,
19distributor, or importing distributor.
20    (b) A manufacturer of beer licensed under subsection (e) of
21Section 6-4, a brew pub, or an on-premises retail licensee may
22transfer beer to a growler, which is not an original
23manufacturer container, but is a reusable rigid container that
24holds 32, 64, or 128 fluid ounces of beer and is designed to be
25sealed on premises by the licensee for off-premises



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1consumption, if the following requirements are met:
2        (1) the beer is transferred within the licensed
3    premises by an employee of the licensed premises at the
4    time of sale;
5        (2) the person transferring the alcohol to be sold to
6    the end consumer is 21 years of age or older;
7        (3) the growler holds no more than 128 fluid ounces;
8        (4) the growler bears a twist-type closure, cork,
9    stopper, or plug and includes a one-time use tamper-proof
10    seal;
11        (5) the growler is affixed with a label or tag that
12    contains the following information:
13            (A) the brand name of the product dispensed;
14            (B) the name of the brewer or bottler;
15            (C) the type of product, such as beer, ale, lager,
16        bock, stout, or other brewed or fermented beverage;
17            (D) the net contents;
18            (E) the name and address of the business that
19        cleaned, sanitized, labeled, and filled or refilled
20        the growler;
21            (F) the date the growler was filled or refilled;
22            (G) the following statement: "This product may be
23        unfiltered and unpasteurized. Keep refrigerated at all
24        times."; and
25        (6) the manufacturer of beer licensed under subsection
26    (e) of Section 6-4, the brew pub, or the on-premises retail



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1    licensee complies with the sanitation requirements under
2    subsections (a) through (c) of 11 Ill. Adm. Code 100.160
3    when sanitizing the dispensing equipment used to draw beer
4    to fill or refill the growler;
5        (7) before filling or refilling the growler, the
6    licensee or licensee's employee shall clean and sanitize
7    the growler in one of the following manners:
8            (A) By manual washing in a 3-compartment sink.
9                (i) Before sanitizing the growler, the sinks
10            and work area shall be cleaned to remove any
11            chemicals, oils, or grease from other cleaning
12            activities.
13                (ii) Any residual liquid from the growler
14            shall be emptied into a drain. A growler shall not
15            be emptied into the cleaning water.
16                (iii) The growler and cap shall be cleaned in
17            water and detergent. The water temperature shall
18            be, at a minimum, 110 degrees Fahrenheit or the
19            temperature specified on the cleaning agent
20            manufacturer's label instructions. The detergent
21            shall not be fat-based or oil-based.
22                (iv) Any residues on the interior and exterior
23            of the growler shall be removed.
24                (v) The growler and cap shall be rinsed with
25            water in the middle compartment. Rinsing may be
26            from the spigot with a spray arm, from a spigot, or



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1            from a tub as long as the water for rinsing is not
2            stagnant but is continually refreshed.
3                (vi) The growler shall be sanitized in the
4            third compartment. Chemical sanitizer shall be
5            used in accordance with the United States
6            Environmental Protection Agency-registered label
7            use instructions and shall meet the minimum water
8            temperature requirements of that chemical.
9                (vii) A test kit or other device that
10            accurately measures the concentration in
11            milligrams per liter of chemical sanitizing
12            solutions shall be provided and be readily
13            accessible for use.
14            (B) By using a mechanical washing and sanitizing
15        machine.
16                (i) Mechanical washing and sanitizing machines
17            shall be provided with an easily accessible and
18            readable data plate affixed to the machine by the
19            manufacturer and shall be used according to the
20            machine's design and operation specifications.
21                (ii) Mechanical washing and sanitizing
22            machines shall be equipped with chemical or hot
23            water sanitization.
24                (iii) The concentration of the sanitizing
25            solution or the water temperature shall be
26            accurately determined by using a test kit or other



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1            device.
2                (iv) The machine shall be regularly serviced
3            based upon the manufacturer's or installer's
4            guidelines.
5            (C) By transferring beer to a growler with a tube.
6                (i) Beer may be transferred to a growler from
7            the bottom of the growler to the top with a tube
8            that is attached to the tap and extends to the
9            bottom of the growler or with a commercial filling
10            machine.
11                (ii) Food grade sanitizer shall be used in
12            accordance with the United States Environmental
13            Protection Agency-registered label use
14            instructions.
15                (iii) A container of liquid food grade
16            sanitizer shall be maintained for no more than 10
17            malt beverage taps that will be used for filling
18            and refilling growlers.
19                (iv) Each container shall contain no less than
20            5 tubes that will be used only for filling and
21            refilling growlers.
22                (v) The growler must be inspected visually for
23            contamination.
24                (vi) After each transfer of beer to a growler,
25            the tube shall be immersed in the container with
26            the liquid food grade sanitizer.



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1                (vii) A different tube from the container must
2            be used for each fill or refill of a growler.
3    (c) Growlers that comply with items (4) and (5) of
4subsection (b) shall not be deemed an unsealed container for
5purposes of Section 11-502 of the Illinois Vehicle Code.
6    (d) Growlers, as described and authorized under this
7Section, are not original packages for the purposes of this
8Act. Upon a consumer taking possession of a growler from a
9manufacturer of beer licensed under subsection (e) of Section
106-4, a brew pub, or an on-premises retail licensee, the growler
11and its contents are deemed to be in the sole custody, control,
12and care of the consumer.
13(Source: P.A. 90-432, eff. 1-1-98.)
14    Section 10. The Illinois Vehicle Code is amended by
15changing Section 11-502 as follows:
16    (625 ILCS 5/11-502)  (from Ch. 95 1/2, par. 11-502)
17    Sec. 11-502. Transportation or possession of alcoholic
18liquor in a motor vehicle.
19    (a) Except as provided in paragraph (c) and in Sections
206-6.5 and 6-33 of the Liquor Control Act of 1934, no driver may
21transport, carry, possess or have any alcoholic liquor within
22the passenger area of any motor vehicle upon a highway in this
23State except in the original container and with the seal



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1    (b) Except as provided in paragraph (c) and in Sections
26-6.5 and 6-33 of the Liquor Control Act of 1934, no passenger
3may carry, possess or have any alcoholic liquor within any
4passenger area of any motor vehicle upon a highway in this
5State except in the original container and with the seal
7    (c) This Section shall not apply to the passengers in a
8limousine when it is being used for purposes for which a
9limousine is ordinarily used, the passengers on a chartered bus
10when it is being used for purposes for which chartered buses
11are ordinarily used or on a motor home or mini motor home as
12defined in Section 1-145.01 of this Code. However, the driver
13of any such vehicle is prohibited from consuming or having any
14alcoholic liquor in or about the driver's area. Any evidence of
15alcoholic consumption by the driver shall be prima facie
16evidence of such driver's failure to obey this Section. For the
17purposes of this Section, a limousine is a motor vehicle of the
18first division with the passenger compartment enclosed by a
19partition or dividing window used in the for-hire
20transportation of passengers and operated by an individual in
21possession of a valid Illinois driver's license of the
22appropriate classification pursuant to Section 6-104 of this
24    (d) (Blank).
25    (e) Any driver who is convicted of violating subsection (a)
26of this Section for a second or subsequent time within one year



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1of a similar conviction shall be subject to suspension of
2driving privileges as provided, in paragraph 23 of subsection
3(a) of Section 6-206 of this Code.
4    (f) Any driver, who is less than 21 years of age at the
5date of the offense and who is convicted of violating
6subsection (a) of this Section or a similar provision of a
7local ordinance, shall be subject to the loss of driving
8privileges as provided in paragraph 13 of subsection (a) of
9Section 6-205 of this Code and paragraph 33 of subsection (a)
10of Section 6-206 of this Code.
11(Source: P.A. 94-1047, eff. 1-1-07; 95-847, eff. 8-15-08.)".