HB5077 93RD GENERAL ASSEMBLY

LRB093 18306 LRD 44011 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5077

Introduced 02/05/04, by Paul D. Froehlich, Sidney H. Mathias

SYNOPSIS AS INTRODUCED:

235 ILCS 5/6-33 new

Amends the Liquor Control Act of 1934. Provides that a licensee shall not sell alcoholic malt beverages in a container with a capacity of 2 gallons or more unless the container is labeled with certain identifying information and the purchaser pays refundable container and registration fees. Provides that tampering with a label containing the identifying information required under this amendatory Act is a Class C misdemeanor. Preempts home rule powers. Provides that the provisions of the amendatory Act are severable.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning alcoholic liquor.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Liquor Control Act of 1934 is amended by adding Section 6-33 as follows:

(235 ILCS 5/6-33 new)

Sec. 6-33. Sale of alcoholic liquor in large-volume containers.

(a) For the purposes of this Section, the term "keg" means a container having a capacity by volume of more than 2 gallons of liquid.

(b) No licensee shall sell alcoholic malt beverages at retail in a keg, except as provided in this Section. Each keg containing alcoholic malt beverages that is sold at retail shall be labeled with the name and address of the retail licensee and an identifying serial number. The State Commission may prescribe the form of labels to be used for this purpose. The label shall be placed on the keg at the time of retail sale.

(c) Any person who knowingly tampers with, alters, or removes the keg identification number from a container after the container has been taken from a licensed premises pursuant to a retail sale and before its return to the licensed premises or other place where returned kegs are accepted is guilty of a Class C misdemeanor.

(d) A retail licensee must require each person who purchases a keg containing malt beverages to present positive identification containing proof that the purchaser is at least 21 years of age at the time of purchase in the form of a motor vehicle operator's license, State identification card, or military identification if the military identification contains a picture of the purchaser.

(e) A licensee shall record for each sale of a keg containing malt beverages the date of the sale, the size of the keg, the keg identification number, the amount of the container and registration fees, the name and address of the purchaser, and the number of the purchaser's motor vehicle operator's license, State identification card, or military identification, together with the purchaser's signature. The purchaser must sign a statement at the time of purchase attesting under penalty of perjury to the accuracy of the purchaser's name and address shown and acknowledging that misuse of the keg or its contents may result in civil liability, criminal prosecution, or both. The licensee shall record the date and amount of each container and registration fee refund. The records shall be kept by the licensee for not less than 3 years after the date of the sale. The State Commission may prescribe a form or forms for use in recording the information required under this subsection.

(f) A licensee that sells alcoholic malt beverages in kegs must purchase the forms required under this Section from the State Commission. The amount charged for the forms by the State Commission shall be reasonable and shall not exceed the reasonable and necessary costs of producing, distributing, and processing the forms. Funds collected by the State Commission from the sale of the forms shall be paid into the Dram Shop Fund. Moneys paid into the Dram Shop Fund under this Section shall be used for the purpose of operating the Beverage and Alcohol Sellers and Servers Education and training (BASSET) Program, for the implementation of container fee and registration fee requirements under this Section, and for use in administering and complying with the requirements of this Section.

(g) A retail licensee must require the purchaser of keg containing alcoholic malt beverages to pay, in addition to the purchase price:

(1) A container fee of not less than $10 for each keg having a capacity of 6 or more gallons and of not less than $1 for each keg having a capacity of less than 6 gallons; and

(2) A registration fee of $10 for each keg having a capacity of 6 or more gallons and of $4 for each keg having a capacity of less than 6 gallons.

Upon the return of a keg sold by the licensee, the licensee shall pay the container fee to the person returning the keg. Upon the return of a keg sold by the licensee within 60 days after the date of purchase and with the correctly numbered label legible and properly attached thereon, and only upon such a return, the licensee must repay the registration fee to the person returning the keg.

Any registration fee that is not refunded within 60 days after the purchase shall be forfeited. All forfeited registration fees must be paid to the local licensing authority where the licensee's premises are located within 90 days after the forfeiture. Non-refunded container fees shall be retained by the licensee.

(h) The imposition of requirements with respect to keg fees and registration is an exclusive power and function of the State. A home rule unit may not impose requirements with respect to keg fees or registration. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(i) The provisions of this Section 6-32 are severable, and if any provision or any application thereof is held by a court of competent jurisdiction to be invalid, the invalidity shall not affect any other provision of this Section.