SB0104ham002 102ND GENERAL ASSEMBLY

Rep. Michael J. Zalewski

Filed: 5/17/2021

10200SB0104ham002 LRB102 15482 BMS 26662 a

AMENDMENT TO SENATE BILL 104

AMENDMENT NO. ______. Amend Senate Bill 104, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 1, line 7, after "6-28.8", by inserting "and by adding Section 6-37"; and

on page 10, by replacing lines 7 and 8 with "placed in a sealed container by a retail licensee at the retail licensee's location or a manufacturer's original container may be transferred and sold for"; and

on page 11, line 4, after "(4)", by inserting "except for a manufacturer's original container,"; and

on page 11, by replacing line 10 with "retail licensee that filled the original container and"; and

on page 13, line 10, by replacing "1, 2025" with "3, 2024"; and

on page 13, immediately below line 13, by inserting the following:

"(235 ILCS 5/6-37 new)

Sec. 6-37. Hospitality vaccination incentive; temporary.

(a) Notwithstanding any other provision of law, from June 10, 2021 through July 10, 2021, a retail licensee may offer a single drink of alcoholic liquor at no cost to a customer as part of a publicly advertised promotion to encourage participation in any COVID-19 vaccination program if the customer provides proof of COVID-19 vaccination received at any time. Drinks may be provided under this Section only from 6 p.m. through 10 p.m.

This Section is subject to any rule or bulletin posted by the State Commission.

(b) A retail licensee's participation in providing a single drink of alcoholic liquor is voluntary and a retail licensee may refuse to provide a single drink at no charge. The retail licensee may determine or restrict which single drink of alcoholic liquor it will provide at no cost but under no circumstances may a single drink of alcoholic liquor exceed 1.5 ounces of distilled spirits, 5 ounces of wine, or 12 ounces of beer.

(c) A local liquor control commissioner or local liquor control commission may prohibit retail licensees within its jurisdiction from providing a single drink of alcoholic liquor at no charge by promulgating a rule or policy preempting this Section.

(d) After receiving a single drink of alcoholic liquor at no charge, no customer shall receive a subsequent drink from the retail licensee providing the drink at no charge or from another retail licensee on the same day or any subsequent day. In addition to abiding by all other alcoholic liquor sales laws, before providing a single drink at no charge, the retail licensee shall develop procedures to verify the identity of the vaccinated customer by comparing the vaccination card to a form of valid federal or State identification. The retail licensee shall develop procedures to ensure that a customer does not obtain more than a single drink at no charge and the retail licensee shall be subject to penalties imposed by the State Commission if the retail licensee provides more than a single drink to a particular customer at no charge.

(e) The State Commission may publish further guidelines on the implementation of this Section not inconsistent with this Section and shall post them on the State Commission's website.

(f) This Section is repealed on July 11, 2021.".