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  The ILCC Legal Division

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TPP-18:
Pre-Mixing of Alcoholic Products

I. Purpose

To set the policy of the Illinois Liquor Control Commission and establish the procedures governing the serving and storage of pre-mixed alcoholic beverages, and the maintenance and cleaning of mechanical dispensing systems.

II. Policy

It is the policy of this Commission to allow retailers to use pre-mixed
alcoholic beverages and dispensing systems.

III. Background

Pursuant to 235 ILCS 5/6-22, “no person except a manufacturer or distributor, or importing distributor, shall fill or refill, in whole or in part, any original package of alcoholic liquor with the same or any other kind or quality of alcoholic liquor, and it shall be unlawful for any person to have in his possession for sale at retail any bottles, casks or other containers containing alcoholic liquor, except in original packages.” Reg. Sec. 100.290 states in relevant part that “no retail licensee shall offer for sale or possess on said licensed premises:

  1. Any original package of alcoholic liquor which contains any kind or quality of alcoholic liquor other than that which has been sealed and labeled by the manufacturer or nonresident dealer of alcoholic liquor, to contain and to convey said alcoholic liquor.
  2. Any original package of alcoholic liquor to which there has been added any water or other substance . . .” (Source: Amended at 20 Ill. Reg. 834, effective January 2, 1996). Notwithstanding the foregoing, this Commission, via regulation, has made provision for certain alcoholic beverages to be served in pre-mixed form. Sec. 100.160(e) requires that: “Pre-mixed alcoholic beverages and their containers must comply with all sanitation requirements as found in this Section, along with all prohibitions against refilling as found in Section 100.290(c). All pre-mix dispensing containers or systems must be drained, contents disposed of, and thoroughly cleaned at least once every week. For mechanical systems a record shall be kept on the premises as to the dates the cleaning was done, signed by the person who actually performed the cleaning.”

IV. Procedures

  1. Pre-mixed beverages may be brand specific.
  2. Mechanical pre-mixing systems may be brand specific. Any advertisement or promotional materials placed on top of or around such systems shall not be deceptive in describing the brand of alcoholic liquor served.
  3. Pre-mixed beverages shall be disposed of weekly.
  4. Containers used for pre-mixing must comply with all sanitation requirements of Section 100.160, and prohibitions against refilling of Section 100.290.
  5. Mechanical pre-mixing dispensing systems must be drained and thoroughly cleaned at least once every week.
  6. Records of the cleaning must be kept on the premises, reflecting the date(s) on which such cleaning was done, and bearing the signature of the individual performing the cleaning.

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