SB0636ham003 98TH GENERAL ASSEMBLY

Rep. Sara Feigenholtz

Filed: 5/23/2014

09800SB0636ham003 LRB098 04421 RPS 60148 a

AMENDMENT TO SENATE BILL 636

AMENDMENT NO. ______. Amend Senate Bill 636, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Liquor Control Act of 1934 is amended by changing Section 6-28 as follows:

(235 ILCS 5/6-28) (from Ch. 43, par. 144d)

Sec. 6-28. Happy hours prohibited.

(a) All retail licensees shall maintain a schedule of the prices charged for all drinks of alcoholic liquor to be served and consumed on the licensed premises or in any room or part thereof. Whenever a hotel or multi-use establishment which holds a valid retailer's license operates on its premises more than one establishment at which drinks of alcoholic liquor are sold at retail, the hotel or multi-use establishment shall maintain at each such establishment a separate schedule of the prices charged for such drinks at that establishment.

(b) No retail licensee or employee or agent of such licensee shall:

(1) serve 2 or more drinks of alcoholic liquor at one time to one person for consumption by that one person, except conducting product sampling pursuant to Section 6-31 or selling or delivering wine by the bottle or carafe;

(2) sell, offer to sell or serve to any person an unlimited number of drinks of alcoholic liquor during any set period of time for a fixed price, except at private functions not open to the general public and except as authorized in paragraphs (2) and (2.5) of subsection (c) of this Section;

(3) sell, offer to sell or serve any drink of alcoholic liquor to any person on any one date at a reduced price other than that charged other purchasers of drinks on that day where such reduced price is a promotion to encourage consumption of alcoholic liquor, except as authorized in paragraph (7) of subsection (c);

(4) increase the volume of alcoholic liquor contained in a drink, or the size of a drink of alcoholic liquor, without increasing proportionately the price regularly charged for the drink on that day;

(5) encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or the awarding of drinks of alcoholic liquor as prizes for such game or contest on the licensed premises; or

(6) advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under paragraphs (1) through (5).

(c) Nothing in subsection (b) shall be construed to prohibit a licensee from:

(1) offering free food or entertainment at any time;

(2) including drinks of alcoholic liquor as part of a fixed-price meal package if: (A) the meal package includes substantial prepared food; (B) the licensee restricts the service of the meal package to not less than 2 hours and not more than 5 hours; (C) the licensee is separately licensed for the on premise sale and consumption of alcoholic liquor; and (D) the licensee's employees or agents serve alcoholic liquor provided as part of the meal package only in single servings to individual patrons in the manner such alcoholic liquor is customarily sold for on premise consumption. For the purposes of this paragraph (2), snacks, hors d'oeuvres, or appetizers alone do not constitute substantial prepared food;

(2.5) including drinks of alcoholic liquor as part of a fixed-price culinary entertainment package if: (A) the entertainment is of a culinary nature, including, but not limited to, a meal, tour, tasting, or any combination thereof at a restaurant, winery, brewery, or distillery; (B) the culinary entertainment package requires a ticket for admission to the event; (C) tickets must be purchased no later than 24 hours before the event; (D) the licensee is separately licensed for the on premise sale and consumption of alcoholic liquor; and (E) the licensee's employees or agents serve alcoholic liquor provided as part of the culinary entertainment package only in single servings to individual patrons in the manner such alcoholic liquor is customarily sold for on premise consumption;

(3) including drinks of alcoholic liquor as part of a hotel package;

(4) negotiating drinks of alcoholic liquor as part of a contract between a hotel or multi-use establishment and another group for the holding of any function, meeting, convention or trade show;

(5) providing room service to persons renting rooms at a hotel;

(6) selling pitchers (or the equivalent, including but not limited to buckets), carafes, or bottles of alcoholic liquor which are customarily sold in such manner, or selling bottles of spirits, and delivered to 2 or more persons at one time;

(7) increasing prices of drinks of alcoholic liquor in lieu of, in whole or in part, a cover charge to offset the cost of special entertainment not regularly scheduled; or

(8) including drinks of alcoholic liquor as part of an entertainment package where the licensee is separately licensed by a municipal ordinance that (A) restricts dates of operation to dates during which there is an event at an adjacent stadium, (B) restricts hours of serving alcoholic liquor to 2 hours before the event and one hour after the event, (C) restricts alcoholic liquor sales to beer and wine, (D) requires tickets for admission to the establishment, and (E) prohibits sale of admission tickets on the day of an event and permits the sale of admission tickets for single events only.

(d) A violation of this Act shall be grounds for suspension or revocation of the retailer's license as provided by this Act.

(Source: P.A. 98-571, eff. 8-27-13.)

Section 99. Effective date. This Act takes effect upon becoming law.".