Illinois General Assembly - Full Text of SB2020
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Full Text of SB2020  102nd General Assembly

SB2020 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2020

 

Introduced 2/26/2021, by Sen. Antonio Muñoz

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/6-6.1 new

    Amends the Liquor Control Act of 1934. Provides that manufacturers, distributors, or importing distributors may stock at retail licensed establishments alcoholic liquors they sell, provided that the alcoholic liquor products of other manufacturers, distributors, or importing distributors are not moved, altered, or disturbed and other conditions are met. Provides that manufacturers, distributors, or importing distributors may rotate their own alcoholic liquor products at a retailer's premises one time either during the normal course of, 24 hours before, or within 24 hours after a regular sales call or one time either during the normal course of, 24 hours before, or within 24 hours after delivery to the retailer. Provides that manufacturers, distributors, or importing distributors may participate in or be present at merchandising resets conducted at a retailer's premises no more than 4 times per year. Provides that manufacturers, distributors, or importing distributors may provide to retailers recommended diagrams, shelf plans, or shelf schematics that suggest beneficial display locations for their alcoholic liquor products at the retailer's premises. Prohibits manufacturers, distributors, and importing distributors from conditioning pricing discounts, credits, rebates, access to brands, or the provision of any other item or activity permissible under the Act upon a retailer's choice to implement or not implement diagrams, shelf plans, or shelf schematics. Provides that manufacturers, distributors, or importing distributors may not affix prices to products on behalf of retailers. Defines "reset", "rotation", and "stocking". Makes other changes. Effective immediately.


LRB102 13322 RPS 18666 b

 

 

A BILL FOR

 

SB2020LRB102 13322 RPS 18666 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5adding Section 6-6.1 as follows:
 
6    (235 ILCS 5/6-6.1 new)
7    Sec. 6-6.1. Stocking, rotation, resetting, and pricing
8services.
9    (a) In this Section:
10    "Reset" means the large-scale rearrangement of the
11alcoholic liquor products at a retailer's premises.
12    "Rotation" means moving newer, fresher products from a
13storage area to a point-of-sale area and the replenishing of
14the point-of-sale area with fresh products.
15    "Stocking" means the placing of alcoholic liquors where
16they are to be stored or where they are offered for sale.
17    (b) Manufacturers, distributors, or importing distributors
18may stock at retail licensed establishments alcoholic liquors
19they sell, provided that the alcoholic liquor products of
20other manufacturers, distributors, or importing distributors
21are not moved, altered, or disturbed. This stocking may be
22done one time either during the normal course of, 24 hours
23before, or within 24 hours after a regular sales call or one

 

 

SB2020- 2 -LRB102 13322 RPS 18666 b

1time either during the normal course of, 24 hours before, or
2within 24 hours after delivery to the retailer. The stocking
3is considered service incidental to a sales call or delivery.
4    (c) Manufacturers, distributors, or importing distributors
5may rotate their own alcoholic liquor products at a retailer's
6premises one time either during the normal course of, 24 hours
7before, or within 24 hours after a regular sales call or one
8time either during the normal course of, 24 hours before, or
9within 24 hours after delivery to the retailer. Rotation may
10be performed at any location within a retailer's premises.
11    (d) Manufacturers, distributors, or importing distributors
12may participate in or be present at merchandising resets
13conducted at a retailer's premises no more than 4 times per
14year. During resets, manufacturers, distributors, or importing
15distributors may stock or restock entire sections of
16point-of-sale locations at the retailer's premises. No reset
17shall occur without at least 14 days' prior notice made by the
18retailer to all manufacturers, distributors, or importing
19distributors whose alcoholic liquor products are carried by
20the retailer. Manufacturers, distributors, or importing
21distributors may only move, alter, disturb, or displace their
22alcoholic liquor products and the products of properly
23notified, but nonattending, manufacturers, distributors, or
24importing distributors.
25    (e) Manufacturers, distributors, or importing distributors
26may provide to retailers recommended diagrams, shelf plans, or

 

 

SB2020- 3 -LRB102 13322 RPS 18666 b

1shelf schematics that suggest beneficial display locations for
2their alcoholic liquor products at the retailer's premises.
3Manufacturers, distributors, or importing distributors may not
4condition pricing discounts, credits, rebates, access to
5brands, or the provision of any other item or activity
6permissible under this Act upon a retailer's choice to
7implement or not implement diagrams, shelf plans, or shelf
8schematics.
9    (f) Manufacturers, distributors, or importing distributors
10may not affix prices to products on behalf of retailers. This
11prohibition includes the indirect affixing of prices to
12product, including entering prices into a retailer's computer
13system. This prohibition does not prohibit manufacturers,
14distributors, or importing distributors, after stocking a
15shelf, from affixing shelf tags that identify the product and
16price of the alcoholic liquor; however, at no time may
17manufacturers, distributors, or importing distributors
18delegate or contract this service to a third party. Shelf tags
19are considered point-of-sale advertising materials and are
20subject to Section 6-6 of this Act. If permitted stocking by
21manufacturers, distributors, or importing distributors
22involves movement and a change in the placement of its product
23on the retailer's shelf, shelf tags may be moved to the new
24position of the product.
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.