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Rep. Michael J. Zalewski
Filed: 5/12/2021
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1 | | AMENDMENT TO SENATE BILL 104
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2 | | AMENDMENT NO. ______. Amend Senate Bill 104 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 1. This Act may be referred to as the COVID-19 |
5 | | Pandemic Hospitality Recovery Act. |
6 | | Section 5. The Liquor Control Act of 1934 is amended by |
7 | | changing Sections 6-5 and 6-28.8 as follows:
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8 | | (235 ILCS 5/6-5) (from Ch. 43, par. 122)
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9 | | Sec. 6-5.
Except as otherwise provided in this Section, it |
10 | | is unlawful
for any person having a retailer's license or
any |
11 | | officer, associate, member, representative or agent of such |
12 | | licensee
to accept, receive or borrow money, or anything else |
13 | | of value, or accept
or receive credit (other than |
14 | | merchandising credit in the ordinary
course of business for a |
15 | | period not to exceed 30 days) directly or
indirectly from any |
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1 | | manufacturer, importing distributor or distributor
of |
2 | | alcoholic liquor, or from any person connected with or in any |
3 | | way
representing, or from any member of the family of, such |
4 | | manufacturer,
importing distributor, distributor or |
5 | | wholesaler, or from any
stockholders in any corporation |
6 | | engaged in manufacturing, distributing
or wholesaling of such |
7 | | liquor, or from any officer, manager, agent or
representative |
8 | | of said manufacturer. Except as provided below, it is
unlawful |
9 | | for any manufacturer
or distributor or importing distributor |
10 | | to give or lend money or
anything of value, or otherwise loan |
11 | | or extend credit (except such
merchandising credit) directly |
12 | | or indirectly to any retail licensee or
to the manager, |
13 | | representative, agent, officer or director of such
licensee. A |
14 | | manufacturer, distributor or importing distributor may furnish
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15 | | free advertising, posters,
signs, brochures, hand-outs, or |
16 | | other promotional devices or materials to
any unit of |
17 | | government owning or operating any auditorium, exhibition |
18 | | hall,
recreation facility or other similar facility holding a |
19 | | retailer's license,
provided that the primary purpose of such |
20 | | promotional devices or materials
is to promote public events |
21 | | being held at such facility. A unit of government
owning or |
22 | | operating such a facility holding a retailer's license may |
23 | | accept
such promotional devices or materials designed |
24 | | primarily to promote public
events held at the facility. No |
25 | | retail licensee delinquent beyond the
30 day period specified |
26 | | in this Section shall
solicit, accept or receive credit, |
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1 | | purchase or acquire alcoholic
liquors, directly or indirectly |
2 | | from any other licensee, and no
manufacturer, distributor or |
3 | | importing distributor shall knowingly grant
or extend credit, |
4 | | sell, furnish or supply alcoholic liquors to any such
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5 | | delinquent retail licensee; provided that the purchase price |
6 | | of all beer
sold to a retail licensee shall be paid by the |
7 | | retail licensee in cash
on or before delivery of the beer, and |
8 | | unless the purchase price payable
by a retail licensee for |
9 | | beer sold to him in returnable bottles shall
expressly include |
10 | | a charge for the bottles and cases, the retail
licensee shall, |
11 | | on or before delivery of such beer, pay the seller in
cash a |
12 | | deposit in an amount not less than the deposit required to be
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13 | | paid by the distributor to the brewer; but where the brewer |
14 | | sells direct
to the retailer, the deposit shall be an amount no |
15 | | less than that
required by the brewer from his own |
16 | | distributors; and provided further,
that in no instance shall |
17 | | this deposit be less than 50 cents for each
case of beer in |
18 | | pint or smaller bottles and 60 cents for each case of
beer in |
19 | | quart or half-gallon bottles; and provided further, that the
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20 | | purchase price of all beer sold to an importing distributor or
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21 | | distributor shall be paid by such importing distributor or |
22 | | distributor
in cash on or before the 15th day (Sundays and |
23 | | holidays excepted) after
delivery of such beer to such |
24 | | purchaser; and unless the purchase price
payable by such |
25 | | importing distributor or distributor for beer sold in
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26 | | returnable bottles and cases shall expressly include a charge |
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1 | | for the
bottles and cases, such importing distributor or |
2 | | distributor shall, on
or before the 15th day (Sundays and |
3 | | holidays excepted) after delivery of
such beer to such |
4 | | purchaser, pay the seller in cash a required amount as
a |
5 | | deposit to assure the return of such bottles and cases. |
6 | | Nothing herein
contained shall prohibit any licensee from |
7 | | crediting or refunding to a
purchaser the actual amount of |
8 | | money paid for bottles, cases, kegs or
barrels returned by the |
9 | | purchaser to the seller or paid by the purchaser
as a deposit |
10 | | on bottles, cases, kegs or barrels, when such containers or
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11 | | packages are returned to the seller. Nothing herein contained |
12 | | shall
prohibit any manufacturer, importing distributor or |
13 | | distributor from
extending usual and customary credit for |
14 | | alcoholic liquor sold to
customers or purchasers who live in |
15 | | or maintain places of business
outside of this State when such |
16 | | alcoholic liquor is actually transported
and delivered to such |
17 | | points outside of this State.
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18 | | A manufacturer, distributor, or importing distributor may |
19 | | furnish free social media advertising to a retail licensee if |
20 | | the social media advertisement does not contain the retail |
21 | | price of any alcoholic liquor and the social media |
22 | | advertisement complies with any applicable rules or |
23 | | regulations issued by the Alcohol and Tobacco Tax and Trade |
24 | | Bureau of the United States Department of the Treasury. A |
25 | | manufacturer, distributor, or importing distributor may list |
26 | | the names of one or more unaffiliated retailers in the |
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1 | | advertisement of alcoholic liquor through social media. |
2 | | Nothing in this Section shall prohibit a retailer from |
3 | | communicating with a manufacturer, distributor, or importing |
4 | | distributor on social media or sharing media on the social |
5 | | media of a manufacturer, distributor, or importing |
6 | | distributor. A retailer may request free social media |
7 | | advertising from a manufacturer, distributor, or importing |
8 | | distributor. Nothing in this Section shall prohibit a |
9 | | manufacturer, distributor, or importing distributor from |
10 | | sharing, reposting, or otherwise forwarding a social media |
11 | | post by a retail licensee, so long as the sharing, reposting, |
12 | | or forwarding of the social media post does not contain the |
13 | | retail price of any alcoholic liquor. No manufacturer, |
14 | | distributor, or importing distributor shall pay or reimburse a |
15 | | retailer, directly or indirectly, for any social media |
16 | | advertising services, except as specifically permitted in this |
17 | | Act. No retailer shall accept any payment or reimbursement, |
18 | | directly or indirectly, for any social media advertising |
19 | | services offered by a manufacturer, distributor, or importing |
20 | | distributor, except as specifically permitted in this Act. For |
21 | | the purposes of this Section, "social media" means a service, |
22 | | platform, or site where users communicate with one another and |
23 | | share media, such as pictures, videos, music, and blogs, with |
24 | | other users free of charge. |
25 | | No right of action shall exist for the collection of any |
26 | | claim based
upon credit extended to a distributor, importing |
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1 | | distributor or retail
licensee contrary to the provisions of |
2 | | this Section.
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3 | | Every manufacturer, importing distributor and distributor |
4 | | shall
submit or cause to be submitted, to the State |
5 | | Commission, in triplicate,
not later than Thursday of each |
6 | | calendar week, a verified written list
of the names and |
7 | | respective addresses of each retail licensee purchasing
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8 | | spirits or wine from such manufacturer, importing distributor |
9 | | or
distributor who, on the first business day of that calendar |
10 | | week, was
delinquent beyond the above mentioned permissible |
11 | | merchandising credit
period of 30 days; or, if such is the |
12 | | fact, a verified written statement
that no retail licensee |
13 | | purchasing spirits or wine was then delinquent
beyond such |
14 | | permissible merchandising credit period of 30 days.
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15 | | Every manufacturer, importing distributor and distributor |
16 | | shall
submit or cause to be submitted, to the State |
17 | | Commission, in triplicate,
a verified written list of the |
18 | | names and respective addresses of each
previously reported |
19 | | delinquent retail licensee who has cured such
delinquency by |
20 | | payment, which list shall be submitted not later than the
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21 | | close of the second full business day following the day such |
22 | | delinquency
was so cured.
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23 | | Such written verified reports required to be submitted by |
24 | | this
Section shall be posted by the State Commission in each of |
25 | | its offices
in places available for public inspection not |
26 | | later than the day
following receipt thereof by the |
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1 | | Commission. The reports so posted shall
constitute notice to |
2 | | every manufacturer, importing distributor and
distributor of |
3 | | the information contained therein. Actual notice to
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4 | | manufacturers, importing distributors and distributors of the
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5 | | information contained in any such posted reports, however |
6 | | received,
shall also constitute notice of such information.
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7 | | The 30 day merchandising credit period allowed by this |
8 | | Section shall
commence with the day immediately following the |
9 | | date of invoice and
shall include all successive days |
10 | | including Sundays and holidays to and
including the 30th |
11 | | successive day.
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12 | | In addition to other methods allowed by law, payment by |
13 | | check or credit card during
the period for which merchandising |
14 | | credit may be extended under the
provisions of this Section |
15 | | shall be considered payment. All checks
received in payment |
16 | | for alcoholic liquor shall be promptly deposited for
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17 | | collection. A post dated check or a check dishonored on |
18 | | presentation for
payment shall not be deemed payment.
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19 | | A credit card payment in dispute by a retailer shall not be |
20 | | deemed payment, and the debt uncured for merchandising credit |
21 | | shall be reported as delinquent. Nothing in this Section shall |
22 | | prevent a distributor, self-distributing manufacturer, or |
23 | | importing distributor from assessing a usual and customary |
24 | | transaction fee representative of the actual finance charges |
25 | | incurred for processing a credit card payment. This |
26 | | transaction fee shall be disclosed on the invoice. It shall be |
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1 | | considered unlawful for a distributor, importing distributor, |
2 | | or self-distributing manufacturer to waive finance charges for |
3 | | retailers. |
4 | | A retail licensee shall not be deemed to be delinquent in |
5 | | payment for
any alleged sale to him of alcoholic liquor when |
6 | | there exists a bona fide
dispute between such retailer and a |
7 | | manufacturer, importing distributor
or distributor with |
8 | | respect to the amount of indebtedness existing
because of such |
9 | | alleged sale. A retail licensee shall not be deemed to be |
10 | | delinquent under this provision and 11 Ill. Adm. Code 100.90 |
11 | | until 30 days after the date on which the region in which the |
12 | | retail licensee is located enters Phase 4 of the Governor's |
13 | | Restore Illinois Plan as issued on May 5, 2020. |
14 | | A delinquent retail licensee who engages in the retail |
15 | | liquor
business at 2 or more locations shall be deemed to be |
16 | | delinquent with
respect to each such location.
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17 | | The license of any person who violates any provision of |
18 | | this Section
shall be subject to suspension or revocation in |
19 | | the manner provided by
this Act.
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20 | | If any part or provision of this Article or the |
21 | | application thereof
to any person or circumstances shall be |
22 | | adjudged invalid by a court of
competent jurisdiction, such |
23 | | judgment shall be confined by its operation
to the controversy |
24 | | in which it was mentioned and shall not affect or
invalidate |
25 | | the remainder of this Article or the application thereof to
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26 | | any other person or circumstance and to this and the |
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1 | | provisions of this
Article are declared severable.
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2 | | (Source: P.A. 101-631, eff. 6-2-20.)
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3 | | (235 ILCS 5/6-28.8) |
4 | | (Section scheduled to be repealed on June 2, 2021) |
5 | | Sec. 6-28.8. Delivery and carry out of mixed drinks |
6 | | permitted. |
7 | | (a) In this Section: |
8 | | "Cocktail" or "mixed drink" means any beverage obtained by |
9 | | combining ingredients alcoholic in nature, whether brewed, |
10 | | fermented, or distilled, with ingredients non-alcoholic in |
11 | | nature, such as fruit juice, lemonade, cream, or a carbonated |
12 | | beverage. |
13 | | "Original container" means, for the purposes of this |
14 | | Section only, a container that is (i) filled, sealed, and |
15 | | secured by a retail licensee's employee at the retail |
16 | | licensee's location with a tamper-evident lid or cap or (ii)
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17 | | filled and labeled by the manufacturer and secured by the
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18 | | manufacturer's original unbroken seal . |
19 | | "Sealed container" means a rigid container that contains a |
20 | | mixed drink or a single serving of wine , is new, has never been |
21 | | used, has a secured lid or cap designed to prevent consumption |
22 | | without removal of the lid or cap, and is tamper-evident. |
23 | | "Sealed container" includes a manufacturer's
original |
24 | | container as defined in this subsection. "Sealed container" |
25 | | does not include a container with a lid with sipping holes or |
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1 | | openings for straws or a container made of plastic, paper, or |
2 | | polystyrene foam. |
3 | | "Tamper-evident" means a lid or cap that has been sealed |
4 | | with tamper-evident covers, including, but not limited to, wax |
5 | | dip or heat shrink wrap. |
6 | | (b) A cocktail , or mixed drink , or single serving of wine |
7 | | placed in a sealed container by a retail licensee at the retail |
8 | | licensee's location may be transferred and sold for |
9 | | off-premises consumption if the following requirements are |
10 | | met: |
11 | | (1) the cocktail , mixed drink, or single serving of
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12 | | wine is transferred within the licensed premises, by a |
13 | | curbside pickup, or by delivery by an employee of the |
14 | | retail licensee who: |
15 | | (A) has been trained in accordance with Section |
16 | | 6-27.1 at the time of the sale; |
17 | | (B) is at least 21 years of age; and |
18 | | (C) upon delivery, verifies the age of the person |
19 | | to whom the cocktail , mixed drink, or single serving |
20 | | of wine is being delivered; |
21 | | (2) if the employee delivering the cocktail , mixed |
22 | | drink, or single serving of wine is not able to safely |
23 | | verify
a person's age or level of intoxication upon |
24 | | delivery, the employee shall cancel the sale of alcohol |
25 | | and return the product to the retail license holder; |
26 | | (3) the sealed container is placed in the trunk of the |
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1 | | vehicle or if there is no trunk, in the vehicle's rear |
2 | | compartment that is not readily accessible to the |
3 | | passenger area; |
4 | | (4) a the sealed container filled and sealed at a
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5 | | retail licensee's location shall be affixed with a label |
6 | | or tag that contains the following information: |
7 | | (A) the cocktail or mixed drink ingredients, type, |
8 | | and name of the alcohol; |
9 | | (B) the name, license number, and address of the |
10 | | retail licensee that filled the original container and |
11 | | sold the product; |
12 | | (C) the volume of the cocktail , or mixed drink , or |
13 | | single serving of wine in the sealed container; and |
14 | | (D) the sealed container was filled less than 7 |
15 | | days before the date of sale ; and . |
16 | | (5) a manufacturer's original container shall be
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17 | | affixed with a label or tag that contains the name,
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18 | | license number, and address of the retail licensee that
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19 | | sold the product. |
20 | | (c) Third-party delivery services are not permitted to |
21 | | deliver cocktails and mixed drinks under this Section. |
22 | | (d) If there is an executive order of the Governor in |
23 | | effect during a disaster, the employee delivering the mixed |
24 | | drink , or cocktail , or single serving of wine must comply with |
25 | | any requirements of that executive order, including, but not |
26 | | limited to, wearing gloves and a mask and maintaining |
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1 | | distancing requirements when interacting with the public. |
2 | | (e) Delivery or carry out of a cocktail , or mixed drink , or |
3 | | single serving of wine is prohibited if: |
4 | | (1) a third party delivers the cocktail or mixed |
5 | | drink; |
6 | | (2) a container of a mixed drink , or cocktail , or |
7 | | single serving of wine is not tamper-evident and sealed; |
8 | | (3) a container of a mixed drink , or cocktail , or |
9 | | single serving of wine is transported in the passenger |
10 | | area of a vehicle; |
11 | | (4) a mixed drink , or cocktail , or single serving of |
12 | | wine is delivered by a person or to a person who is under |
13 | | the age of 21; or |
14 | | (5) the person delivering a mixed drink , or cocktail , |
15 | | or single serving of wine fails to verify the age of the |
16 | | person to whom the mixed drink or cocktail is being |
17 | | delivered. |
18 | | (f) Violations of this Section shall be subject to any |
19 | | applicable penalties, including, but not limited to, the |
20 | | penalties specified under Section 11-502 of the Illinois |
21 | | Vehicle Code. |
22 | | (f-5) This Section is not intended to prohibit or preempt |
23 | | the ability of a brew pub, tap room, or distilling pub to |
24 | | continue to temporarily deliver alcoholic liquor pursuant to |
25 | | guidance issued by the State Commission on March 19, 2020 |
26 | | entitled "Illinois Liquor Control Commission, COVID-19 Related |
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1 | | Actions, Guidance on Temporary Delivery of Alcoholic Liquor". |
2 | | This Section shall only grant authorization to holders of |
3 | | State of Illinois retail liquor licenses but not to licensees |
4 | | that simultaneously hold any licensure or privilege to |
5 | | manufacture alcoholic liquors within or outside of the State |
6 | | of Illinois. |
7 | | (g) This Section is not a denial or limitation of home rule |
8 | | powers and functions under Section 6 of Article VII of the |
9 | | Illinois Constitution. |
10 | | (h) This Section is repealed on January 1, 2025 one year |
11 | | after the effective date of this amendatory Act of the 101st |
12 | | General Assembly .
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13 | | (Source: P.A. 101-631, eff. 6-2-20.)
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14 | | Section 99. Effective date. This Act takes effect upon |
15 | | becoming law.".
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