State of Illinois
90th General Assembly
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[ Senate Amendment 001 ]

90_HB0903ham001

                                             LRB9000875LDmgam
 1                     AMENDMENT TO HOUSE BILL 903
 2        AMENDMENT NO.     .  Amend House Bill  903  by  replacing
 3    everything after the enacting clause with the following:
 4        "Section 5.  The Liquor Control Act of 1934 is amended by
 5    changing Section 6-6 as follows:
 6        (235 ILCS 5/6-6) (from Ch. 43, par. 123)
 7        Sec.  6-6.   Except  as otherwise provided in this Act no
 8    manufacturer or distributor or importing  distributor  shall,
 9    directly,  or  indirectly, sell, supply, furnish, give or pay
10    for, or loan or lease, any furnishing, fixture  or  equipment
11    on  the  premises  of a place of business of another licensee
12    authorized under this Act to sell alcoholic liquor at retail,
13    either for consumption on or off the premises, nor  shall  he
14    or  she, directly or indirectly, pay for any such license, or
15    advance, furnish, lend or give  money  for  payment  of  such
16    license,  or  purchase  or  become  the  owner  of  any note,
17    mortgage, or other evidence of indebtedness of such  licensee
18    or   any   form   of   security   therefor,  nor  shall  such
19    manufacturer,  or  distributor,  or  importing   distributor,
20    directly  or  indirectly,  be  interested  in  the ownership,
21    conduct  or  operation  of  the  business  of  any   licensee
22    authorized  to sell alcoholic liquor at retail, nor shall any
                            -2-              LRB9000875LDmgam
 1    manufacturer, or distributor,  or  importing  distributor  be
 2    interested  directly  or indirectly or as owner or part owner
 3    of said premises or as  lessee  or  lessor  thereof,  in  any
 4    premises upon which alcoholic liquor is sold at retail.
 5        No  manufacturer  or distributor or importing distributor
 6    shall, directly or indirectly  or  through  a  subsidiary  or
 7    affiliate,  or  by  any  officer,  director  or  firm of such
 8    manufacturer, distributor or importing distributor,  furnish,
 9    give,  lend  or  rent, install, repair or maintain, to or for
10    any retail licensee  in  this  State,  any  signs  or  inside
11    advertising  materials except as provided in this Section and
12    Section 6-5. With respect to retail licensees, other than any
13    government owned or  operated  auditorium,  exhibition  hall,
14    recreation  facility  or  other  similar  facility  holding a
15    retailer's  license  as   described   in   Section   6-5,   a
16    manufacturer,   distributor,  or  importing  distributor  may
17    furnish, give, lend or rent and erect,  install,  repair  and
18    maintain  to  or  for any retail licensee, for use at any one
19    time in or about or in connection with a retail establishment
20    on which the products of  the  manufacturer,  distributor  or
21    importing  distributor  are  sold,  the  following  signs and
22    inside advertising materials as authorized in  subparts  (i),
23    (ii), (iii), and (iv):
24             (i)  Permanent outside signs shall be limited to one
25        outside  sign,  per brand, in place and in use at any one
26        time, costing not more than $893, exclusive of  erection,
27        installation,  repair  and  maintenance costs, and permit
28        fees and shall bear only the manufacturer's  name,  brand
29        name,  trade name, slogans, markings, trademark, or other
30        symbols commonly associated with and  generally  used  in
31        identifying the product.
32             (ii)  Temporary  outside  signs  shall be limited to
33        one  temporary  outside  sign  per  brand.   Examples  of
34        temporary outside signs  are  banners,  flags,  pennants,
                            -3-              LRB9000875LDmgam
 1        streamers,   and   other   items   of   a  temporary  and
 2        non-permanent nature.  Each temporary outside  sign  must
 3        include  the manufacturer's name, brand name, trade name,
 4        slogans, markings, trademark, or  other  symbol  commonly
 5        associated  with  and  generally  used in identifying the
 6        product.  Temporary outside signs may also  include,  for
 7        example,  the product, price, packaging, date or dates of
 8        a promotion and an announcement of  a  retail  licensee's
 9        specific  sponsored  event, if the temporary outside sign
10        is intended to promote a product, and provided  that  the
11        announcement  of  the  retail  licensee's  event  and the
12        product  promotion  are  held  simultaneously.   However,
13        temporary outside signs may not include  names,  slogans,
14        markings,  or logos that relate to the retailer.  Nothing
15        in this subpart (ii)  shall  prohibit  a  distributor  or
16        importing  distributor  from bearing the cost of creating
17        or printing a  temporary  outside  sign  for  the  retail
18        licensee's  specific sponsored event  or from bearing the
19        cost of creating or  printing  a  temporary  sign  for  a
20        retail   licensee   containing,  for  example,  community
21        goodwill    expressions,    regional    sporting    event
22        announcements, or seasonal messages,  provided  that  the
23        primary  purpose  of  the  temporary  outside  sign is to
24        highlight,  promote,  or  advertise  the  product.     In
25        addition,   temporary   outside  signs  provided  by  the
26        manufacturer to the distributor or importing  distributor
27        may also include, for example, subject to the limitations
28        of    this   Section,   preprinted   community   goodwill
29        expressions,  sporting  event   announcements,   seasonal
30        messages,  and  manufacturer  promotional  announcements.
31        However, a distributor or importing distributor shall not
32        bear the cost of such manufacturer preprinted signs.
33             (iii)  Permanent  inside signs, whether visible from
34        the outside or the inside of the premises,  include,  for
                            -4-              LRB9000875LDmgam
 1        example,  neons,  illuminated signs, clocks, table lamps,
 2        mirrors, tap  handles,  decalcomanias,  window  painting,
 3        window  trim,  and  spirits or wine lists and menus.  All
 4        permanent inside signs in place and in  use  at  any  one
 5        time  shall cost in the aggregate not more than $2000 per
 6        manufacturer.   A  permanent inside sign must include the
 7        manufacturer's name, brand  name,  trade  name,  slogans,
 8        markings,  trademark, or other symbol commonly associated
 9        with and  generally  used  in  identifying  the  product.
10        However,  permanent  inside  signs may not include names,
11        slogans, markings, or logos that relate to the  retailer.
12        For  the  purpose  of  this  subpart (iii), all permanent
13        inside signs may be displayed in an adjacent courtyard or
14        patio commonly referred to as a "beer garden" that  is  a
15        part of the retailer's licensed premises.
16             (iv)  Temporary  inside  signs  shall   include, for
17        example,  lighted  chalk  boards,  acrylic   table   tent
18        beverage  or  hors d'oeuvre list holders, banners, flags,
19        pennants, streamers,  and  inside  advertising  materials
20        such  as  posters, placards, bowling sheets, table tents,
21        inserts for acrylic table tent beverage or hors  d'oeuvre
22        list  holders,  sports  schedules,  or similar printed or
23        illustrated materials; however, such items, for  example,
24        as coasters, trays, napkins, and cups may not be provided
25        to  retailers.  All  temporary  inside  signs  and inside
26        advertising materials in place and in use at any one time
27        shall cost in  the  aggregate  not  more  than  $325  per
28        manufacturer.    Nothing in this subpart (iv) prohibits a
29        distributor or importing distributor from paying the cost
30        of printing or creating any temporary  inside  banner  or
31        inserts  for acrylic table tent beverage or hors d'oeuvre
32        list holders for a retail  licensee,  provided  that  the
33        primary purpose for the banner or insert is to highlight,
34        promote,  or  advertise  the product.  For the purpose of
                            -5-              LRB9000875LDmgam
 1        this subpart (iv), all temporary inside signs and  inside
 2        advertising  materials  may  be  displayed in an adjacent
 3        courtyard or  patio  commonly  referred  to  as  a  "beer
 4        garden"  that  is  a  part  of  the  retailer's  licensed
 5        premises.
 6        A  "cost adjustment factor" shall be used to periodically
 7    update the dollar limitations  prescribed  in  subparts  (i),
 8    (iii), and (iv).  The Commission shall establish the adjusted
 9    dollar  limitation  on  an annual basis beginning in January,
10    1997.  The term "cost adjustment factor" means  a  percentage
11    equal  to  the  change  in  the  Bureau  of  Labor Statistics
12    Consumer  Price  Index  or  5%,  whichever  is  greater.  The
13    restrictions contained in this Section 6-6 do  not  apply  to
14    signs,  or  promotional or advertising materials furnished by
15    manufacturers, distributors or importing  distributors  to  a
16    government  owned  or  operated facility holding a retailer's
17    license as described in Section 6-5.
18        No distributor or importing distributor shall directly or
19    indirectly or through a subsidiary or affiliate,  or  by  any
20    officer,  director  or firm of such manufacturer, distributor
21    or  importing  distributor,  furnish,  give,  lend  or  rent,
22    install, repair or maintain, to or for any retail licensee in
23    this  State,   any  signs  or  inside  advertising  materials
24    described in subparts (i),  (ii),  (iii),  or  (iv)  of  this
25    Section   except   as  the  agent  for  or  on  behalf  of  a
26    manufacturer, provided that the total cost of any  signs  and
27    inside  advertising  materials  including  but not limited to
28    labor, erection, installation and permit fees shall  be  paid
29    by the manufacturer whose product or products said signs, and
30    inside  advertising  materials advertise and except as herein
31    provided.
32        No person  engaged  in  the  business  of  manufacturing,
33    importing  or  distributing alcoholic liquors shall, directly
34    or indirectly, pay for, or advance, furnish,  or  lend  money
                            -6-              LRB9000875LDmgam
 1    for  the payment of any license for another. Any licensee who
 2    shall permit or assent, or be a  party  in  any  way  to  any
 3    violation  or  infringement of the provisions of this Section
 4    shall be deemed guilty of a violation of this  Act,  and  any
 5    money loaned contrary to a provision of this Act shall not be
 6    recovered  back,  or  any note, mortgage or other evidence of
 7    indebtedness, or security, or any lease or contract  obtained
 8    or made contrary to this Act shall be unenforceable and void.
 9        This  Section  shall  not  apply  to  airplane  licensees
10    exercising powers provided in paragraph (i) of Section 5-1 of
11    this Act.
12    (Source: P.A. 89-238, eff. 8-4-95; 89-529, eff. 7-19-96.)".

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