Notice on the Revision of ILCC Trade Practice Policies

To submit your comments, please click on the link below:
www.state.il.us/LCC/TPPcomments.asp.

The Illinois Liquor Control Commission (ILCC) publishes Trade Practice Policies which are intended to notify industry members and the general public of the ILCC’s interpretation of the Liquor Control Act and ILCC Rules and Regulations. In an effort to continually update and communicate liquor control policies to all interested parties, the Illinois Liquor Control Commission is reviewing and potentially revising selected Trade Practice Policies (TPPs). This review and revision process is intended to be open and inclusive to allow all persons the opportunity to comment on a particular area of the law and/or policy. While your comments are a critical part of the process, it is important to remember that the Illinois Liquor Control Commission retains the ultimate responsibility of interpreting the Liquor Control Act and thus will decide the final version of all Trade Practice Policies.

Additionally, it is important to understand that the Trade Practice Policies neither replace nor circumvent the Liquor Control Act or the ILCC Rules and Regulations. The Trade Practice Policies are a collection of interpretations of the ILCC and may be used as a reference or guide but only to the extent that the interpretation derives from the Liquor Control Act.

The steps of the review and revision are as follows:

1. Step 1 - To identify specific trade practices from which an interpretive legal or factual question regularly persists. For the initial round of review, the ILCC has identified three specific TPPs:
   
   
   1. TPP-22 Happy Hour Law
   2. TPP-11 Consumer Coupons and Rebates
   3. TPP-32 Breakage – Replacement of Damaged or Defective Product

   The ILCC will accept suggestions for the review and revision of other TPPs to be revised in the future.

2. Step 2 - To accept suggestions, comments, and drafts from all interested parties in order to clarify the Trade Practice Policy in part or in its entirety.
   
   
   1. Initial submissions may begin on August 15, 2010 and conclude on October 15, 2010.
   2. Please click on the following link to be forwarded to the comment section: http://www.state.il.us/lcc/TPPcomments.asp
   3. Revisions and suggestions may be submitted in person on the record during Commission hearings on the following dates:
      • September 16, 2010 – Springfield
      • September 29, 2010 – Chicago

NOTE: It is not necessary to make an oral statement at a hearing in order for your comments to be fully considered by the Commission, If, however, you decide to make an oral statement at the hearing, please submit a written statement in one of the above formats no later than two weeks before the date of the hearing and state “Hearing Requested – Springfield” or “Hearing Requested – Chicago”. You will be contacted by Commission staff to be scheduled only if the hearing schedule permits. If the upcoming hearing schedule does not permit, you will be scheduled at a later hearing date. All oral statements before the Commission will be limited to a maximum of ten minutes.

3. Step 3 - To review all comments and draft a first version of the revised TPP.
   
   
   1. Commission staff will review the comments and draft an initial revision of the TPP.
   2. This will occur between October 15, 2010 and November 15, 2010.
      
      
4. Step 4 – To accept suggestions and comments on the first revised drafts of the selected TPPs.
   
   
   1. The comment period on the draft will begin November 15, 2010 and conclude on December 15, 2010.
   2. Comments and suggestions may be made in writing in the same manner as in step 2(b) above.
      
      
5. Step 5 – To review comments and suggestions and draft final revisions.
   
   
   1. Commission will review final comments and draft final revision between December 15 2010 and January 15, 2011.
   2. Final version of the TPP will be posted on a date to be determined in 2011.
      

The Illinois Liquor Control Commission welcomes your input and appreciates your cooperation on this initiative.