Full Text of SB0054 101st General Assembly
SB0054ham001 101ST GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 4/30/2019
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| 1 | | AMENDMENT TO SENATE BILL 54
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 54 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Liquor Control Act of 1934 is amended by | 5 | | adding Section 6-29.5 as follows: | 6 | | (235 ILCS 5/6-29.5 new) | 7 | | Sec. 6-29.5. Delivery of alcoholic liquors by a retailer. | 8 | | (a) Entities licensed by the Illinois Liquor Control | 9 | | Commission as 1A retailers may make deliveries of unopened | 10 | | original packaged alcoholic liquors away from their places of | 11 | | business to consumers in the State and within the geographic | 12 | | areas specified in paragraphs (1) and (2), whichever is | 13 | | applicable, for personal consumption only, and not for resale. | 14 | | For the purposes of this subsection and except as otherwise | 15 | | provided in this subsection, sales through electronic, online, | 16 | | telephone, or other means, such as third-party applications or |
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| 1 | | other software connecting recipients and licensed retailers, | 2 | | shall be treated as sales by the retailer if the alcoholic | 3 | | liquors delivered to the recipient are made available from the | 4 | | inventory of the licensed retailer. However, a unit of local | 5 | | government may regulate delivery within its boundaries by 1A | 6 | | retailers that are physically located within the unit of local | 7 | | government's boundaries. | 8 | | (1) 1A retailers that are located in a county or | 9 | | bordering a county with a population of more than 4,500,000 | 10 | | may make deliveries of unopened original packaged | 11 | | alcoholic liquors to consumers within a 30-mile radius of | 12 | | the licensed premises. | 13 | | (2) 1A retailers that are located in any other county | 14 | | may make deliveries of unopened original packaged | 15 | | alcoholic liquors to consumers within a 50-mile radius of | 16 | | the licensed premises. | 17 | | (b) A unit of local government shall not prohibit or | 18 | | regulate the ability of a consumer to order or receive unopened | 19 | | original packaged alcoholic liquors under this Section by 1A | 20 | | retailers that are located outside the unit of local | 21 | | government's boundaries. | 22 | | (c) As provided in this Section, 1A retailers may make | 23 | | deliveries of unopened original packaged alcoholic liquors to | 24 | | consumers through the following methods: | 25 | | (1) delivery at retail curbside pickup by the consumer; | 26 | | (2) delivery by an owner, officer, director, |
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| 1 | | shareholder, or employee of the licensed retailer; or | 2 | | (3) delivery by a third-party contractor, independent | 3 | | contractor, or agent with whom the licensed retailer has | 4 | | contracted to make deliveries of alcoholic liquors. | 5 | | (d) Any person making a delivery of alcoholic liquors shall | 6 | | ensure that: | 7 | | (1) the recipient demonstrates, upon delivery, that he | 8 | | or she is at least 21 years of age, and the party making | 9 | | the delivery verifies the age of the recipient by adequate | 10 | | written evidence of age and identity consistent with | 11 | | subsection (a) of Section 6-16 of this Act; | 12 | | (2) deliveries are not made to a consumer who is | 13 | | visibly intoxicated; | 14 | | (3) deliveries are made within the State of Illinois; | 15 | | and | 16 | | (4) if the person making the delivery is a third-party | 17 | | contractor or agent with whom a licensed retailer has | 18 | | contracted to make deliveries, he or she does not warehouse | 19 | | or otherwise maintain an inventory of alcoholic liquors. | 20 | | (e) This Section does not limit the ability of a retailer | 21 | | authorized by a local liquor control commissioner prior to the | 22 | | effective date of this amendatory Act of the 101st General | 23 | | Assembly to sell alcoholic liquor for off-premises consumption | 24 | | solely through the Internet, a mobile application, or a similar | 25 | | computer-based technology platform to transfer, deliver, or | 26 | | ship alcoholic liquor to any purchaser located in this State |
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| 1 | | without geographic restriction. | 2 | | (f) A home rule unit may not regulate (i) the delivery of | 3 | | or (ii) the ordering or receiving for delivery by consumers of | 4 | | alcoholic liquors in a manner inconsistent with this Section. | 5 | | This Section is a limitation under subsection
(i) of Section 6 | 6 | | of Article VII of the Illinois Constitution
on the concurrent | 7 | | exercise by home rule units of powers and
functions exercised | 8 | | by the State.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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