Bill Text: IL HB4589 | 2015-2016 | 99th General Assembly | Engrossed
Bill Title: Amends the Liquor Control Act of 1934. In a provision that authorizes a person to make homemade brewed beverages without a license under the Act, adds a requirement that the person who purchases the apparatus or equipment used to produce the homemade brewed beverages must be 21 years of age or older. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2016-07-31 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB4589 Detail]
Download: Illinois-2015-HB4589-Engrossed.html
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1 | AN ACT concerning liquor.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Liquor Control Act of 1934 is amended by | ||||||
5 | changing Sections 6-27.5, 6-28.5, and 6-36 as follows:
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6 | (235 ILCS 5/6-27.5) | ||||||
7 | Sec. 6-27.5. Mandatory schedule of prices. All retail | ||||||
8 | licensees shall maintain a schedule of drink the prices charged | ||||||
9 | for all drinks of alcoholic liquor to be served and consumed on | ||||||
10 | the licensed premises or in any room or part thereof. Whenever | ||||||
11 | a hotel or multi-use establishment which holds a valid | ||||||
12 | retailer's license operates on its premises more than one | ||||||
13 | establishment at which drinks of alcoholic liquor are sold at | ||||||
14 | retail, the hotel or multi-use establishment shall maintain at | ||||||
15 | each such establishment a separate schedule of drink the prices | ||||||
16 | charged for such drinks at that establishment. Drink prices | ||||||
17 | listed on the schedule of drink prices shall remain the same | ||||||
18 | for each drink for the entire business day, unless the drink | ||||||
19 | prices are changed in accordance with Section 6-28.5 of this | ||||||
20 | Act. Daily drink prices are not required to be the same for | ||||||
21 | each business day. | ||||||
22 | As used in this Section, "schedule of drink prices" means a | ||||||
23 | list, including, but not limited to, a drink menu, of the |
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1 | brands, sizes, and prices for drinks of alcoholic liquor | ||||||
2 | offered by a license holder.
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3 | (Source: P.A. 99-46, eff. 7-15-15.)
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4 | (235 ILCS 5/6-28.5) | ||||||
5 | Sec. 6-28.5. Permitted happy hours and meal packages, party | ||||||
6 | packages, and entertainment packages. | ||||||
7 | (a) As used in this Section: | ||||||
8 | "Dedicated event space" means a room or rooms or other | ||||||
9 | clearly delineated space within a retail licensee's premises | ||||||
10 | that is reserved for the exclusive use of party package | ||||||
11 | invitees during the entirety of a party package. Furniture, | ||||||
12 | stanchions and ropes, or other room dividers may be used to | ||||||
13 | clearly delineate a dedicated event space. | ||||||
14 | "Food" means any edible item to be consumed by a person and | ||||||
15 | includes, but is not limited to, multi-course meals, buffets, | ||||||
16 | hors d'oeuvres, snacks, and finger foods. "Food" does not | ||||||
17 | include ice. | ||||||
18 | "Meal package" means a food and beverage package, which may | ||||||
19 | or may not include entertainment, where the service of | ||||||
20 | alcoholic liquor is an accompaniment to the food, including, | ||||||
21 | but not limited to, a meal, tour, tasting, or any combination | ||||||
22 | thereof for a fixed price by a retail licensee or any other | ||||||
23 | licensee operating within a sports facility, restaurant, | ||||||
24 | winery, brewery, or distillery. | ||||||
25 | "Party package" means a private party, function, or event |
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1 | for a specific social or business occasion, either arranged by | ||||||
2 | invitation or reservation for a defined number of individuals, | ||||||
3 | that is not open to the general public and where attendees are | ||||||
4 | served both food and alcohol for a fixed price in a dedicated | ||||||
5 | event space. | ||||||
6 | (b) A retail licensee may: | ||||||
7 | (1) offer free food or entertainment at any time; | ||||||
8 | (2) include drinks of alcoholic liquor as part of a | ||||||
9 | meal package; | ||||||
10 | (3) sell or offer for sale a party package only if the | ||||||
11 | retail licensee: | ||||||
12 | (A) offers food in the dedicated event space; | ||||||
13 | (B) limits the party package to no more than 3 | ||||||
14 | hours; | ||||||
15 | (C) distributes wristbands, lanyards, shirts, or | ||||||
16 | any other such wearable items to identify party package | ||||||
17 | attendees so the attendees may be granted access to the | ||||||
18 | dedicated event space; and | ||||||
19 | (D) excludes individuals not participating in the | ||||||
20 | party package from the dedicated event space; | ||||||
21 | (4) include drinks of alcoholic liquor as part of a | ||||||
22 | hotel package; | ||||||
23 | (5) negotiate drinks of alcoholic liquor as part of a | ||||||
24 | hotel package; | ||||||
25 | (6) provide room service to persons renting rooms at a | ||||||
26 | hotel; |
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1 | (7) sell pitchers (or the equivalent, including, but | ||||||
2 | not limited to, buckets of bottled beer), carafes, or | ||||||
3 | bottles of alcoholic liquor which are customarily sold in | ||||||
4 | such manner, or sell bottles of spirits; | ||||||
5 | (8) advertise events permitted under this Section; | ||||||
6 | (9) include drinks of alcoholic liquor as part of an | ||||||
7 | entertainment package where the licensee is separately | ||||||
8 | licensed by a municipal ordinance that (A) restricts dates | ||||||
9 | of operation to dates during which there is an event at an | ||||||
10 | adjacent stadium, (B) restricts hours of serving alcoholic | ||||||
11 | liquor to 2 hours before the event and one hour after the | ||||||
12 | event, (C) restricts alcoholic liquor sales to beer and | ||||||
13 | wine, (D) requires tickets for admission to the | ||||||
14 | establishment, and (E) prohibits sale of admission tickets | ||||||
15 | on the day of an event and permits the sale of admission | ||||||
16 | tickets for single events only; and | ||||||
17 | (10) discount any drink of alcoholic liquor during a | ||||||
18 | specified time period only if: | ||||||
19 | (A) the price of the drink of alcoholic liquor is | ||||||
20 | not changed during the time that it is discounted; | ||||||
21 | (B) the period of time during which any drink of | ||||||
22 | alcoholic liquor is discounted does not exceed 4 hours | ||||||
23 | per day and 15 hours per week; however, this period of | ||||||
24 | time is not required to be consecutive and may be | ||||||
25 | divided by the licensee in any manner; | ||||||
26 | (C) the drink of alcoholic liquor is not discounted |
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1 | between the hours of 10:00 p.m. and the licensed | ||||||
2 | premises' closing hour; and | ||||||
3 | (D) notice of the discount of the drink of | ||||||
4 | alcoholic liquor during a specified time is posted on | ||||||
5 | the licensed premises or on the licensee's publicly | ||||||
6 | available website at least 7 days prior to the | ||||||
7 | specified time ; and . | ||||||
8 | (11) offer and advertise daily drink specials. | ||||||
9 | (c) (b) A violation of this Section shall be grounds for | ||||||
10 | suspension or revocation of the retailer's license as provided | ||||||
11 | by this Act. The State Commission may not enforce any trade | ||||||
12 | practice policy or other rule that was not adopted in | ||||||
13 | accordance with the Illinois Administrative Procedure Act. | ||||||
14 | (d) (c) All licensees affected by this Section must also | ||||||
15 | comply with Sections 6-16, 6-21, and 6-27.1 of this Act.
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16 | (Source: P.A. 99-46, eff. 7-15-15.)
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17 | (235 ILCS 5/6-36) | ||||||
18 | Sec. 6-36. Homemade brewed beverages. | ||||||
19 | (a) No license or permit is required under this Act for the | ||||||
20 | making of homemade brewed beverages or for the possession, | ||||||
21 | transportation, or storage of homemade brewed beverages by any | ||||||
22 | person 21 years of age or older, if all of the following apply: | ||||||
23 | (1) the person who makes the homemade brewed beverages | ||||||
24 | receives no compensation; | ||||||
25 | (2) the homemade brewed beverages are not sold or |
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1 | offered for sale; and | ||||||
2 | (3) the total quantity of homemade brewed beverages | ||||||
3 | made, in a calendar year, by the person does not exceed 100 | ||||||
4 | gallons if the household has only one person 21 years of | ||||||
5 | age or older or 200 gallons if the household has 2 or more | ||||||
6 | persons 21 years of age or older ; and . | ||||||
7 | (4) the person who purchases the apparatus or equipment | ||||||
8 | used to produce the homemade brewed beverages is 21 years | ||||||
9 | of age or older. | ||||||
10 | (b) A person who makes, possesses, transports, or stores | ||||||
11 | homemade brewed beverages in compliance with the limitations | ||||||
12 | specified in subsection (a) is not a brewer, class 1 brewer, | ||||||
13 | class 2 brewer, wholesaler, retailer, or a manufacturer of beer | ||||||
14 | for the purposes of this Act. | ||||||
15 | (c) Homemade brewed beverages made in compliance with the | ||||||
16 | limitations specified in subsection (a) may be consumed by the | ||||||
17 | person who made it and his or her family, neighbors, and | ||||||
18 | friends at any private residence or other private location | ||||||
19 | where the possession and consumption of alcohol are permissible | ||||||
20 | under this Act, local ordinances, and other applicable law, | ||||||
21 | provided that the homemade brewed beverages are not made | ||||||
22 | available for consumption by the general public. | ||||||
23 | (d) Homemade brewed beverages made in compliance with the | ||||||
24 | limitations specified in subsection (a) may be used for | ||||||
25 | purposes of a public exhibition, demonstration, tasting, or | ||||||
26 | sampling with sampling sizes as authorized by Section 6-31, if |
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1 | the event is held at a private residence or at a location other | ||||||
2 | than a retail licensed premises. If the public event is not | ||||||
3 | held at a private residence, the event organizer shall obtain a | ||||||
4 | homebrewer special event permit for each location, and is | ||||||
5 | subject to the provisions in subsection (a) of Section 6-21. | ||||||
6 | Homemade brewed beverages used for purposes described in this | ||||||
7 | subsection (d), including the submission or consumption of the | ||||||
8 | homemade brewed beverages, are not considered sold or offered | ||||||
9 | for sale under this Act. A public exhibition, demonstration, | ||||||
10 | tasting, or sampling with sampling sizes as authorized by | ||||||
11 | Section 6-31 held by a licensee on a location other than a | ||||||
12 | retail licensed premises may require an admission charge to the | ||||||
13 | event, but no separate or additional fee may be charged for the | ||||||
14 | consumption of a person's homemade brewed beverages at the | ||||||
15 | public exhibition, demonstration, tasting, or sampling with | ||||||
16 | sampling sizes as authorized by Section 6-31. Event admission | ||||||
17 | charges that are collected may be partially used to provide | ||||||
18 | prizes to makers of homemade brewed beverages, but the | ||||||
19 | admission charges may not be divided in any fashion among the | ||||||
20 | makers of the homemade brewed beverages who participate in the | ||||||
21 | event. Homemade brewed beverages used for purposes described in | ||||||
22 | this subsection (d) are not considered sold or offered for sale | ||||||
23 | under this Act if a maker of homemade brewed beverages receives | ||||||
24 | free event admission or discounted event admission in return | ||||||
25 | for the maker's donation of the homemade brewed beverages to an | ||||||
26 | event specified in this subsection (d) that collects event |
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1 | admission charges; free admission or discounted admission to | ||||||
2 | the event is not considered compensation under this Act. No | ||||||
3 | admission fee and no charge for the consumption of a person's | ||||||
4 | homemade brewed beverage may be collected if the public | ||||||
5 | exhibition, demonstration, tasting, or sampling with sampling | ||||||
6 | sizes as authorized by Section 6-31 is held at a private | ||||||
7 | residence. | ||||||
8 | (e) A person who is not a licensee under this Act may at a | ||||||
9 | private residence, and a person who is a licensee under this | ||||||
10 | Act may on the licensed premises, conduct, sponsor, or host a | ||||||
11 | contest, competition, or other event for the exhibition, | ||||||
12 | demonstration, judging, tasting, or sampling of homemade | ||||||
13 | brewed beverages made in compliance with the limitations | ||||||
14 | specified in subsection (a), if the person does not sell the | ||||||
15 | homemade brewed beverages and, unless the person is the brewer | ||||||
16 | of the homemade brewed beverages, does not acquire any | ||||||
17 | ownership interest in the homemade brewed beverages. If the | ||||||
18 | contest, competition, exhibition, demonstration, or judging is | ||||||
19 | not held at a private residence, the consumption of the | ||||||
20 | homemade brewed beverages is limited to qualified judges and | ||||||
21 | stewards as defined by a national or international beer judging | ||||||
22 | program, who are identified by the event organizer in advance | ||||||
23 | of the contest, competition, exhibition, demonstration, or | ||||||
24 | judging. Homemade brewed beverages used for the purposes | ||||||
25 | described in this subsection (e), including the submission or | ||||||
26 | consumption of the homemade brewed beverages, are not |
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1 | considered sold or offered for sale under this Act and any | ||||||
2 | prize awarded at a contest or competition or as a result of an | ||||||
3 | exhibition, demonstration, or judging is not considered | ||||||
4 | compensation under this Act. An exhibition, demonstration, | ||||||
5 | judging, contest, or competition held by a licensee on a | ||||||
6 | licensed premises may require an admission charge to the event, | ||||||
7 | but no separate or additional fee may be charged for the | ||||||
8 | consumption of a person's homemade brewed beverage at the | ||||||
9 | exhibition, demonstration, judging, contest, or competition. A | ||||||
10 | portion of event admission charges that are collected may be | ||||||
11 | used to provide prizes to makers of homemade brewed beverages, | ||||||
12 | but the admission charges may not be divided in any fashion | ||||||
13 | among the makers of the homemade brewed beverages who | ||||||
14 | participate in the event. Homemade brewed beverages used for | ||||||
15 | purposes described in this subsection (e) are not considered | ||||||
16 | sold or offered for sale under this Act if a maker of homemade | ||||||
17 | brewed beverages receives free event admission or discounted | ||||||
18 | event admission in return for the maker's donation of the | ||||||
19 | homemade brewed beverages to an event specified in this | ||||||
20 | subsection (e) that collects event admission charges; free | ||||||
21 | admission or discounted admission to the event is not | ||||||
22 | considered compensation under this Act. No admission fee and no | ||||||
23 | charge for the consumption of a person's homemade brewed | ||||||
24 | beverage may be charged if the exhibition, demonstration, | ||||||
25 | judging, contest, or competition is held at a private | ||||||
26 | residence. The fact that a person is acting in a manner |
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1 | authorized by this Section is not, by itself, sufficient to | ||||||
2 | constitute a public nuisance under Section 10-7 of this Act. If | ||||||
3 | the contest, competition, or other event is held on licensed | ||||||
4 | premises, the licensee may allow the homemade brewed beverages | ||||||
5 | to be stored on the premises if the homemade brewed beverages | ||||||
6 | are clearly identified and kept separate from any alcohol | ||||||
7 | beverages owned by the licensee. If the contest, competition, | ||||||
8 | or other event is held on licensed premises, other provisions | ||||||
9 | of this Act not inconsistent with this Section apply. | ||||||
10 | (f) A commercial enterprise engaged primarily in selling | ||||||
11 | supplies and equipment to the public for use by homebrewers may | ||||||
12 | manufacture homemade brewed beverages for the purpose of | ||||||
13 | tasting the homemade brewed beverages at the location of the | ||||||
14 | commercial enterprise, provided that the homemade brewed | ||||||
15 | beverages are not sold or offered for sale. Homemade brewed | ||||||
16 | beverages provided at a commercial enterprise for tasting under | ||||||
17 | this subsection (f) shall be in compliance with Sections 6-16, | ||||||
18 | 6-21, and 6-31 of this Act. A commercial enterprise engaged | ||||||
19 | solely in selling supplies and equipment for use by homebrewers | ||||||
20 | shall not be required to secure a license under this Act, | ||||||
21 | however, such commercial enterprise shall secure liquor | ||||||
22 | liability insurance coverage in an amount at least equal to the | ||||||
23 | maximum liability amounts set forth in subsection (a) of | ||||||
24 | Section 6-21 of this Act. | ||||||
25 | (g) Homemade brewed beverages are not subject to Section | ||||||
26 | 8-1 of this Act.
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1 | (Source: P.A. 98-55, eff. 7-5-13; 99-78, eff. 7-20-15; 99-448, | ||||||
2 | eff. 8-24-15.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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