5/6-16. Sales to and Possession by
Persons under 21, Intoxicated Persons – Proof of Identity
and Age – Gatherings where One or More Persons are Under 18
– Violations and Penalties – Renting Hotel or Motel
Rooms
(a) (i)No licensee nor any officer, associate, member,
representative, agent, or employee of such licensee shall sell,
give, or deliver alcoholic liquor to any person under the age of
21 years or to any intoxicated person, except as provided in
Section 6-16.1. (ii) No express company, common carrier, or
contract carrier that carries or transports alcoholic liquor for
delivery within this State shall knowingly give or knowingly
deliver to a residential address any shipping container clearly
labeled as containing alcoholic liquor and labeled as requiring
signature of an adult of at least 21 years. An express company,
common carrier, or contract carrier that carries or transports
such alcoholic liquor for delivery within this State shall obtain
a signature acknowledging receipt of the alcoholic liquor by an
adult who is at least 21 years of age, (iii) No person, after
purchasing or otherwise obtaining alcoholic liquor, shall sell,
give, or deliver such alcoholic liquor to another person under
the age of 21 years, except in the performance of a religious
ceremony or service. Any person who violates the provisions of
items (I), (ii), or (iii) of this paragraph of this subsection
(a) is guilty of a Class A misdemeanor and the person's sentence
shall include, but shall not be limited to, a fine of not less
than $500. If a licensee or officer, associate, member,
representative, agent, or employee of the licensee, or a
representative, agent, or employee of an express company, common
carrier, or contract carrier that carries or transports alcoholic
liquor for delivery within this State, is prosecuted under this
paragraph of this subsection (a) for selling, giving, or
delivering alcoholic liquor to a person under the age of 21
years, the person under 21 years of age who attempted to buy or
receive the alcoholic liquor may be prosecuted pursuant to
Section 6-20 of this Act, unless the person under 21 years of age
was acting under the authority of a law enforcement agency, the
Illinois Liquor Control Commission, or a local liquor control
commissioner pursuant to a plan or action to investigate, patrol,
or conduct any similar enforcement action.
For the purpose of preventing the violation of this section, any
licensee, or his agent or employee, or a representative, agent,
or employee of an express company, common carrier, or contract
carrier that carries or transports alcoholic liquor for delivery
within this State, may refuse to sell, deliver or serve alcoholic
beverages to any person who is unable to produce adequate written
evidence of identity and of the fact that he or she is over the
age of 21 years.
Adequate written evidence of age and identity of the person is a
document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license, a registration
certificate issued under the Federal Selective Service Act, or an
identification card issued to a member of the Armed Forces. Proof
that the defendant-licensee, or his employee or agent, or a
representative, agent, or employee of an express company, common
carrier, or contract carrier that carries or transports alcoholic
liquor for delivery within this State, demanded, was shown and
reasonably relied upon such written evidence in any transaction
forbidden by this Section is an affirmative defense in any
criminal prosecution therefor or to any proceedings for the
suspension or revocation of any license based thereon. It shall
not, however, be an affirmative defense if the agent or employee
accepted the written evidence knowing it to be false or
fraudulent. If a false or fraudulent Illinois driver's license or
Illinois identification card is presented by a person less than
21 years of age to a licensee or the licensee's agent or employee
for the purpose of ordering, purchasing, attempting to purchase,
or otherwise obtaining or attempting to obtain the serving of any
alcoholic beverage, the law enforcement officer or agency
investigating the incident shall, upon the conviction of the
person who presented the fraudulent license or identification,
make a report of the matter to the Secretary of State on a form
provided by the Secretary of State.
However, no agent or employee of the licensee shall be
disciplined or discharged for selling or furnishing liquor to a
person under 21 years of age if the agent or employee demanded
and was shown, before furnishing liquor to a person under 21
years of age, adequate written evidence of age and identity of
the person issued by a federal, state, county or municipal
government, or subdivision or agency thereof, including but not
limited to a motor vehicle operator's license, a registration
certificate issued under the Federal Selective Service Act, or an
identification card issued to a member of the Armed Forces. This
paragraph, however, shall not apply if the agent or employee
accepted the written evidence knowing it to be false or
fraudulent.
Any person who sells, gives, or furnishes to any person under the
age of 21 years any false or fraudulent written, printed, or
photostatic evidence of the age and identity of such person or
who sells, gives or furnishes to any person under the age of 21
years evidence of age and identification of any other person is
guilty of a Class A misdemeanor and the person's sentence shall
include, but shall not be limited to, a fine of not less than
$500.
Any person under the age of 21 years who presents or offers to
any licensee, his agent or employee, any written, printed or
photostatic evidence of age and identity that is false,
fraudulent, or not actually his or her own for the purpose of
ordering, purchasing, attempting to purchase or otherwise
procuring or attempting to procure, the serving of any alcoholic
beverage, who falsely states in writing that he or she is at
least 21 years of age when receiving alcoholic liquor from a
representative, agent, or employee of an express company, common
carrier, or contract carrier, or who has in his possession any
false or fraudulent written, printed, or photostatic evidence of
age and identity, is guilty of a Class A misdemeanor and the
person's sentence shall include, but shall not be limited to, the
following: a fine of not less than $500 and, at least 25 hours of
community service. If possible, any community service shall be
performed for an alcohol abuse prevention program.
Any person under the age of 21 years who has any alcoholic
beverage in his or her possession on any street or highway or in
any public place or in any place open to the public is guilty of
a Class A misdemeanor. This Section does not apply to possession
by a person under the age of 21 years making a delivery of an
alcoholic beverage in pursuance of the order of his or her parent
or in pursuance of his or her employment.
(a-1) It is unlawful for any parent or guardian to permit his or
her residence to be used by an invitee of the parent's child or
the guardian's ward, if the invitee is under the age of 21, in a
manner that constitutes a violation of this Section. A parent or
guardian is deemed to have permitted his or her residence to be
used in violation of this Section if he or she knowingly
authorizes, enables, or permits such use to occur by failing to
control access to either the residence or the alcoholic liquor
maintained in the residence. Any person who violates this
subsection (a-1) is guilty of a Class A misdemeanor and the
person's sentence shall include, but shall not be limited to, a
fine of not less than $500. Nothing in this subsection (a-1)
shall be construed to prohibit the giving of alcoholic liquor to
a person under the age of 21 years in the performance of a
religious ceremony or service.
(b) Except as otherwise provided in this Section whoever violates
this Section shall, in addition to other penalties provided for
in this Act, be guilty of a Class A misdemeanor.
(c) Any person shall be guilty of a Class A misdemeanor where he
or she knowingly permits a gathering at a residence which he or
she occupies of two or more persons where any one or more of the
persons is under 21 years of age, the following factors also
apply:
(1) the person occupying the residence knows that any such person
under the age of 21 is in possession of or is consuming any
alcoholic beverage; and
(2) the possession or consumption of the alcohol by the person
under 21 is not otherwise per- mitted by this Act; and
(3) the person occupying the residence knows that the person
under the age of 21 leaves the residence in an intoxicated
condition.
For the purposes of this subsection (c) where the residence has
an owner and a tenant or lessee, there is a rebuttable
presumption that the residence is occupied only by the tenant or
lessee.
(d) Any person who rents a hotel or motel room from the
proprietor or agent thereof for the purpose of or with the
knowledge that such room shall be used for the consumption of
alcoholic liquor by persons under the age of 21 years shall be
guilty of a Class A misdemeanor. (Source: P.A. 89-0250,eff.
1-01-96; 90-355, eff. 8-10-97; 90-432, eff. 1-1-98; revised
11-5-97;90-739, eff. 8-13-98) (from Ch. 43, par. 131)
5/6-16.1 Enforcement Actions
A licensee or an officer, associate, member, representative,
agent, or employee of a licensee may sell, give, or deliver
alcoholic liquor to a person under the age of 21 years or
authorize the sale, gift, or delivery of alcoholic liquor to a
person under the age of 21 years pursuant to a plan or action to
investigate, patrol, or otherwise conduct a "sting
operation" or enforcement action against a person employed
by the licensee or on any licensed premises if the licensee or
officer, associate, member, representative, agent, or employee of
the licensee provides written notice, at least 14 days before the
"sting operation" or enforcement action, unless
governing body of the municipality or county having jurisdiction
sets a shorter period by ordinance, to the law enforcement agency
having jurisdiction, the local liquor commissioner, or both.
Notice provided under this Section shall be valid for a
"sting operation" or enforcement action conducted
within 60 days of the provision of that notice, unless the
governing body of the municipality or county having jurisdiction
sets a shorter period by ordinance. (Source: P.A. 90.355, eff.
8-10-97)
5/6-16.2. Prohibited Entry to a Licensed
Premises.
A municipality or county may prohibit a licensee or any
officer, associate, member, representative, agent, or employee of
a licensee from permitting a person under the age of 21 years to
enter and remain in that portion of a licensed premises that
sells, given, or delivers alcoholic liquor for consumption on the
premises. No prohibition under this Section, however, shall apply
to any licensed premises, such as without limitation a restaurant
or food shop, where the selling, giving, or delivering alcoholic
liquor is not the principal business of the licensee at those
premises.
In those instances where a person under the age of 21 years is
prohibited from entering and remaining on the premises, proof
that the defendant-licensee, or his employee or agent, demanded,
was shown, and reasonably relied upon adequate written evidence
for purposes of entering and remaining on the licensed premises
is an affirmative defense in any criminal prosecution therefore
or to any proceedings for the suspension or revocation of any
license based thereon. It shall not, however, be an affirmative
defense if the defendant-licensee, or his agent or employee,
accepted the written evidence knowing it to be false or
fraudulent.
Adequate written evidence of age and identity of the person is a
document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license, a registration
certificate issued under the Federal Selective Service Act, or an
identification card issued to a member of the armed forces.
If a false or fraudulent Illinois driver's license or Illinois
identification cared is presented by a person less than 21 years
of age to a licensee or the licensee's agent or employee for the
purpose of obtaining entry and remaining on a licensed premises,
the law enforcement officer or agency investigating the incident
shall, upon the conviction of the person who presented the
fraudulent license or identification, make a report of the matter
to the Secretary of State on a form provided by the Secretary of
State. (Source: P.A. 90-739, eff. 8-13-98 )
5/6-17. Civil Rights
in Licensed Premises – Distributor Sales to Non-licensees
(a) No licensee licensed under the provisions of this Act shall
deny or permit his agents and employees to deny any person the
full and equal enjoyment of the accommodations, advantages,
facilities and privileges of any premises in which alcoholic
liquors are authorized to be sold subject only to the conditions
and limitations established by law and applicable alike to all
citizens.
(b) A distributor or an importing distributor may refuse to sell
beer, brew or similar beverages containing .5% or less of alcohol
by volume to a non-licensee. (Source: P.A. 86-1469) (from Ch. 43,
par. 133)
5/6-17.1. Distributors – Sales
to Retailers
The General Assembly hereby finds and declares that for the
purposes of ensuring that all retail licensees have the
opportunity to receive alcoholic liquor, reducing the amount of
spoiled and overaged beer sold to customers, and maintaining the
distribution system and the State's ability to regulate against
illegal importation of alcoholic liquor, it is necessary to
prevent discrimination among retail licensees as provided in this
Section.
A distributor or importing distributor designated as a
distributor or importing distributor for alcoholic liquor within
a designated geographic area or areas under Section 6-9 of this
Act shall use its best efforts to make available for sale to
retail licensees, in its designated geographic area or areas,
each brand of alcoholic liquor which the distributor or the
importing distributor has been authorized to distribute. Nothing
in this Section prohibits a distributor or importing distributor
from establishing purchase requirements unless the requirements
have the effect of excluding a majority of the retail licensees
in the designated geographic area or areas from purchasing the
alcoholic liquor. (Source: P.A. 91-0186, eff. 1-1-00)
5/6-17.2. Importation of Alcoholic
Liquor Into This State.
A person who imports into this State from any point in the
United States outside this State, whether for himself or for
another, any alcoholic liquor for sale or resale is required to
hold a license issued by the Commission in accordance with this
Act, except as otherwise expressly authorized by this Act.
(Source: P.A. 90-739, eff. 8-13-98.)
5/6-18. Home Rule Units – Powers
No home rule unit, as defined in Article VII of the Illinois
Constitution, may amend or alter or in any way change the legal
age at which persons may purchase, consume or possess alcoholic
liquors as provided in this Act, and it is declared to be the law
of this State, pursuant to paragraphs (h) and (i) of Section 6 of
Article VII of the Constitution, that the establishment of such
legal age is an exercise of exclusive State power which may not
be exercised concurrently by a home rule unit. (Source: P.A.
82-783) (from Ch. 43, par. 133a)
5/6-19. Sales on Credit –
Exceptions as to Clubs and Motels
No person shall sell or furnish alcoholic liquor at retail to any
person on credit or on a pass book, or order on a store, or in
exchange for any goods, wares or merchandise, or in payment for
any services rendered; and if any person shall extend credit for
such purpose the debt thereby attempted to be created shall not
be recoverable at law; provided that nothing herein contained
shall be construed to prevent any club from permitting checks or
statements for alcoholic liquor to be signed by members or bona
fide guests of members and charged to the account of such members
or guests in accordance with the by-laws of said club; and
provided further that nothing herein contained shall be construed
to prevent any hotel from permitting checks or statements for
liquor to be signed by regular guests residing at said hotel and
charged to the accounts of said guests; and provided further that
nothing herein shall be construed to prevent payment by credit
card or other credit device for the purchase of liquor in the
original package or container for consumption off the premises.
(Source: P.A. 82-783) (from Ch. 43, par. 134)
5/6-20. Purchase or Acceptance of
Gift of Liquor by Persons Under 21 – Identification Cards
– Punishment – Exceptions
Any person to whom the sale, gift or delivery of any alcoholic
liquor is prohibited because of age shall not purchase, or accept
a gift of such alcoholic liquor or have such alcoholic liquor in
his possession.
If a licensee or his agents or employees believes or has reason
to believe that a sale or delivery of any alcoholic liquor is
prohibited because of the non-age of the prospective recipient,
he shall, before making such sale or delivery demand presentation
of some form of positive identification, containing proof of age,
issued by a public officer in the performance of his official
duties. No person shall transfer, alter or deface such an
identification card; use the identification card of another;
carry or use a false or forged identification card; or obtain an
identification card by means of false information. No person
shall purchase, accept delivery or have possession of alcoholic
liquor in violation of this Section. The consumption of alcoholic
liquor by any person under 21 years of age is forbidden. Whoever
violates any provisions of this Section shall be guilty of a
Class C misdemeanor.
The possession and dispensing, or consumption by a person under
21 years of age of alcoholic liquor in the performance of a
religious service or ceremony, or the consumption by a person
under 21 years of age under the direct supervision and approval
of the parents or parent or those persons standing in loco
parentis of such person under 21 years of age in the privacy of a
home, is not prohibited by this Act. (Source: P.A. 90.432, eff.
1-1-98)
5/6-21. Actions for Damages Caused by
Intoxication – Lessor's Liability – Forfeiture of Lease
– Maximum Recovery – Limitations – Jurisdiction
– Service
(a) Every person who is injured within this State, in person or
property, by any intoxicated person has a right of action in his
or her own name, severally or jointly, against any person,
licensed under the laws of this State or of any other state to
sell alcoholic liquor, who, by selling or giving alcoholic
liquor, within or without the territorial limits of this State,
causes the intoxication of such person. Any person at least 21
years of age who pays for a hotel or motel room or facility
knowing that the room or facility is to be used by any person
under 21 years of age for the unlawful consumption of alcoholic
liquors and such consumption causes the intoxication of the
person under 21 years of age, shall be liable to any person who
is injured in person or property by the intoxicated person under
21 years of age. Any person owning, renting, leasing or
permitting the occupation of any building or premises with
knowledge that alcoholic liquors are to be sold therein, or who
having leased the same for other purposes, shall knowingly permit
therein the sale of any alcoholic liquors that have caused the
intoxication of any person, shall be liable, severally or
jointly, with the person selling or giving the liquors. However,
if such building or premises belong to a minor or other person
under guardianship the guardian of such person shall be held
liable instead of the ward. A married woman has the same right to
bring the action and to control it and the amount recovered as an
unmarried woman. All damages recovered by a minor under this Act
shall be paid either to the minor, or to his or her parent,
guardian or next friend as the court shall direct. The unlawful
sale or gift of alcoholic liquor works a forfeiture of all rights
of the lessee or tenant under any lease or contract of rent upon
the premises where the unlawful sale or gift takes place. All
actions for damages under this Act may be by any appropriate
action in the circuit court. An action shall lie for injuries to
means of support caused by an intoxicated person or in
consequence of the in- toxication of any person resulting as
hereinabove set out. The action, if the person from whom support
was furnished is living, shall be brought by any person injured
in means of support in his or her name for his or her benefit and
the benefit of all other persons injured in means of support.
However, any person claiming to be injured in means of support
and not included in any action brought hereunder may join by
motion made within the times herein provided for bringing such
action or the personal representative of the deceased person from
whom such support was furnished may so join. In every such action
the jury shall determine the amount of damages to be recovered
without regard to and with no special instructions as to the
dollar limits on recovery imposed by this Section. The amount
recovered in every such action is for the exclusive benefit of
the person injured in loss of support and shall be distributed to
such persons in the proportions determined by the verdict
rendered or judgment entered in the action. If the right of
action is settled by agreement with the personal representative
of a deceased person from whom support was furnished, the court
having jurisdiction of the estate of the deceased person shall
distribute the amount of the settlement to the person injured in
loss of support in the proportion, as determined by the court,
that the percentage of dependency of each such person upon the
deceased person bears to the sum of the percentages of dependency
of all such persons upon the deceased person. For all causes of
action involving persons injured, killed, or incurring property
damage before September 12, 1985, in no event shall the judgment
or recovery under this Act for injury to the person or to the
property of any person as hereinabove set out exceed $15,000, and
recovery under this Act for loss of means of support resulting
from the death or injury of any person, as hereinabove set out,
shall not exceed $20,000. For all causes of action involving
persons injured, killed, or incurring property damage after
September 12, 1985, in no event shall the judgment or recovery
for injury to the person or property of any person exceed $30,000
for each person incurring damages, and recovery under this Act
for loss of means of support resulting from the death or injury
of any person shall not exceed $40,000. Nothing in this Section
bars any person from making separate claims which, in the
aggregate, exceed any one limit where such person incurs more
than one type of compensable damage, including personal injury,
property damage, and loss to means of support. However, all
persons claiming loss to means of support shall be limited to an
aggregate recovery not to exceed the single limitation set forth
herein for the death or injury of each person from whom support
is claimed.
Nothing in this Act shall be construed to confer a cause of
action for injuries to the person or property of the intoxicated
person himself, nor shall anything in this Act be construed to
confer a cause of action for loss of means of support on the
intoxicated person himself or on any person claiming to be
supported by such intoxicated person. In conformance with the
rule of statutory construction enunciated in the general Illinois
saving provision in Section 4 of "An Act to revise the law
in relation to the construction of the statutes", approved
March 5, 1874, as amended, no amendment of this Section
purporting to abolish or having the effect of abolishing a cause
of action shall be applied to invalidate a cause of action
accruing before its effective date, irrespective of whether the
amendment was passed before or after the effective date of this
amendatory Act of 1986.
Each action hereunder shall be barred unless commenced within one
year next after the cause of action accrued.
However, a licensed distributor or brewer whose only connection
with the furnishing of alcoholic liquor which is alleged to have
caused intoxication was the furnishing or maintaining of any
apparatus for the dispensing or cooling of beer is not liable
under this Section, and if such licensee is named as a defendant,
a proper motion to dismiss shall be granted.
(b) Any person licensed under any state or local law to sell
alcoholic liquor, whether or not a citizen or resident of this
State, who in person or through an agent causes the intoxication,
by the sale or gift of alcoholic liquor, of any person who, while
intoxicated, causes injury to any person or property in the State
of Illinois thereby submits such licensed person, and, if an
individual, his or her personal representative, to the
jurisdiction of the courts of this State for a cause of action
arising under subsection (a) above.
Service of process upon any person who is subject to the
jurisdiction of the courts of this State, as provided in this
subsection, may be made by personally serving the summons upon
the defendant outside this State, as provided in the Code of
Civil Procedure, as now or hereafter amended, with the same force
and effect as though summons had been personally served within
this State.
Only causes of action arising under subsection (a) above may be
asserted against a defendant in an action in which jurisdiction
over him or her is based upon this subsection.
Nothing herein contained limits or affects the right to serve any
process in any other manner now or hereafter provided by law.
(Source: P.A. 84-1308; 84-1380; 84-1381; 84-1438) (from Ch. 43,
par. 135)
5/6-22. Refilling Original Packages
– Retail Sales from Original Packages
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. (Source: P.A. 82-783) (from Ch. 43,
par. 137)
5/6-23. Agreements not to Sell Liquor
of Another Manufacturer Void
No manufacturer or distributor or importing distributor or
foreign importer shall enter into any contract with any person
licensed to sell at retail whereby such licensee agrees not to
sell any alcoholic liquors manufactured or distributed by any
other manufacturer or distributor or importing distributor or
foreign importer, and any provision in any contract violative of
this Section shall render the whole of such contract void and no
action shall be brought thereon in any court. However, nothing in
this Section shall prohibit the Department of Agriculture from
entering into contracts for exclusive facilities upon the State
Fair Grounds on an equal basis. (Source: P.A. 85-142) (from Ch.
43, par. 138)
5/6-24. Displaying License
Every licensee shall cause his license or licenses to be framed
and hung in plain view in a conspicuous place on the licensed
premises. An airplane license shall be maintained at the
licensee's business premises in Illinois. (Source: P.A. 82-783)
(from Ch. 43, par. 139)
5/6-24a. Display of
Birth Defects Warning Signs
(a) The General Assembly finds that there is a need for public
information about the risk of birth defects (specifically Fetal
Alcohol Syndrome) when women consume alcoholic liquor during
pregnancy. The United States Surgeon General has recommended
abstinence from alcohol during pregnancy. Since Fetal Alcohol
Syndrome and fetal alcohol effects are preventable, the General
Assembly finds that it is in the public interest to provide
warning about the risk of alcohol-related birth defects at places
where alcoholic liquors are sold.
(b) Every holder of a retail license, whether the licensee sells
or offers for sale alcoholic liquors for use or consumption on or
off the retail license premises, shall cause a sign with the
message:
"Government Warning: According to the Surgeon
General, Women Should not Drink Alcoholic Beverages Dur ing
Pregnancy Because of the Risk of Birth Defects.”
to be framed and hung in plain view. These signs shall be no
larger than 8 1/2 inches by 11 inches.
(c) In the event there is no warning sign posted on the
retailer's premises, it shall be the responsibility of the
Illinois Liquor Control Commission to furnish the retailer with a
warning sign. The retailer shall have 30 days from receipt of the
warning sign to post it on the licensed premises. Thereafter, a
retailer who violates this Section is subject to a written
warning for the first violation. For a second or subsequent
violation, the retailer shall pay a fine of at least $20 but not
more than $100 for each such violation. For the third and
subsequent violations, each day the activity continues shall be a
separate violation.(Source: P.A. 89-0250, eff. 1-1-96) (from Ch.
43, par. 139a)
5/6-25. Requirements for
Restaurant and Club Licenses
No person shall receive a local license to sell alcoholic liquor
upon any premises as a restaurant nor as a club unless it has the
qualifications respectively described in Sections 1-3.23 and
1-3.24. No restaurant, licensed as such, shall sell alcoholic
liquor except with meals. (Source: P.A. 82-783) (from Ch. 43,
par. 142)
5/6-26. Minimum size of
Container for Unmixed Whiskey, Gin or Rum
No unmixed spirits shall be sold or offered for sale at retail
for consumption on the premises, except in a container having a
minimum capacity of at least one fluid ounce and which contains
at the time of sale at least one fluid ounce of the beverage
being sold. The provisions of this Section shall not prohibit the
sale of unmixed spirits on boats or railroad cars licensed to
sell liquor for consumption on the premises in containers
regularly used and having a smaller fluid capacity. (Source: P.A.
89-0250, eff. 1-1-96) (from Ch. 43, par. 144a)
5/6-27. Licensing of
seller and server education programs
(a) Any program designed to educate or train employees who sell
or serve alcoholic beverages at retail to identify and address
persons displaying problems with alcohol misuse or abuse shall be
licensed by the State Commission.
(b) A seller and server education program license in effect on
the effective date of this amendatory Act of the 91st General
Assembly shall remain in effect until June 30, 2000.(Source: P.A. 91-922, eff. 7/7/00) (From Ch. 43, par.
144c)
5/6-28. Happy Hours
Prohibited
(a) All retail licensees shall maintain a schedule of the prices
charged for all drinks of alcoholic liquor to be served and
consumed on the licensed premises or in any room or part thereof.
Whenever a hotel or multi-use establishment which holds a valid
retailer's license operates on its premises more than one
establishment at which drinks of alcoholic liquor are sold at
retail, the hotel or multi-use establishment shall maintain at
each such establishment a separate schedule of the prices charged
for such drinks at that establishment.
(b) No retail licensee or employee or agent of such licensee
shall:
(1) serve 2 or more drinks of alcoholic liquor at one time to one
person for consumption by that one person, except selling or
delivering wine by the bottle or carafe;
(2) sell, offer to sell or serve to any person an unlimited
number of drinks of alcoholic liquor during any set period of
time for a fixed price, except at private functions not open to
the general public;
(3) sell, offer to sell or serve any drink of alcoholic liquor to
any person on any one date at a reduced price other than that
charged other purchasers of drinks on that day where such reduced
price is a promotion to encourage consumption of alcoholic
liquor, except as authorized in paragraph (7) of subsection (c);
(4) increase the volume of alcoholic liquor contained in a drink,
or the size of a drink of al- coholic liquor, without increasing
proportionately the price regularly charged for the drink on that
day;
(5) encourage or permit, on the licensed premises, any game or
contest which involves drinking alcoholic liquor or the awarding
of drinks of alcoholic liquor as prizes for such game or contest
on the licensed premises; or
(6) advertise or promote in any way, whether on or off the
licensed premises, any of the practices prohibited under
paragraphs (1) through (5).
(c) Nothing in subsection (b) shall be construed to prohibit a
licensee from:
(1) offering free food or entertainment at any time;
(2) including drinks of alcoholic liquor as part of a meal
package;
(3) including drinks of alcoholic liquor as part of a hotel
package;
(4) negotiating drinks of alcoholic liquor as part of a contract
between a hotel or multi-use es- tablishment and another group
for the holding of any function, meeting, convention or trade
show;
(5) providing room service to persons renting rooms at a hotel;
(6) selling pitchers (or the equivalent, including but not
limited to buckets), carafes, or bottles of alcoholic liquor
which are customarily sold in such manner and delivered to 2 or
more persons at one time; or
(7) increasing prices of drinks of alcoholic liquor in lieu of,
in whole or in part, a cover charge to offset the cost of special
entertainment not regularly scheduled.
(d) A violation of this Act shall be grounds for suspension or
revocation of the retailer's license as provided by this Act.
(Source: P.A. 86-462; 86-1028) (from Ch. 43, par. 144d)
5/6-29. Interstate
Reciprocal Wine Shipments
(a) Notwithstanding any other provision of law, an adult resident
or holder of an alcoholic beverage license in a state which
affords Illinois licensees or adult residents an equal reciprocal
shipping privilege may ship, for personal use and not for resale,
not more than 2 cases of wine (each case containing not more than
9 liters) per year to any adult resident of this State. Delivery
of a shipment pursuant to this Section shall not be deemed to
constitute a sale in this State.
(b) The shipping container of any wine sent into or out of this
State under this Section shall be clearly labeled to indicate
that the package cannot be delivered to a person under the age of
21 years.
(c) No broker within this State shall solicit consumers to engage
in interstate reciprocal wine shipments under this Section. No
shipper located outside this State may advertise such interstate
reciprocal wine shipments in this State.
(d) It is not the intent of this Section to impair the
distribution of wine through distributors or importing
distributors, but only to permit shipments of wine for personal
use. (Source: P.A. 86-1483) (from Ch. 43, par. 144e)
5/6-29.1. Direct Shipments of Alcoholic
Liquor.
Pursuant to the Twenty-First Amendment to the United States
Constitution allowing the states to regulate the distribution and
sale of alcoholic liquor and pursuant to the federal Webb-Kenyon
Act declaring that alcoholic liquor shipped in interstate
commerce must comply with state laws, the General Assembly hereby
finds and declares that selling alcoholic liquor from a point
outside this State through various direct marketing means, such
as catalogs, newspapers, mailers, and the Internet, directly to
residents of this State poses a serious threat to the State's
efforts to prevent youths from accessing alcoholic liquor; to
State revenue collections; and to the economy of this State.
Any person manufacturing, distributing, or selling alcoholic
liquor who knowingly ships or transports or causes the shipping
or transportation of any alcoholic liquor from a point outside
this State to a person in this State who does not hold a
manufacturer's, distributor's, importing distributor's, or
non-resident dealer's license issued by the Liquor Control
Commission, other than a shipment of sacramental wine to a bona
fide religious organization, a shipment authorized by Section
6-29, or any other shipment authorized by this Act, is in
violation of this Act.
The Commission, upon determining, after investigation, that a
person has violated this Section, shall give notice to the person
by certified mail to cease and desist all shipments of alcoholic
liquor into this State and to withdraw from this State within 5
working days after receipt of the notice all shipments of
alcoholic liquor then in transit.
Whenever the Commission has reason to believe that a person has
failed to comply with the Commission notice under this Section,
it shall notify the Department of Revenue and file a complaint
with the State's Attorney of the county where the alcoholic
liquor was delivered or with appropriate law enforcement
officials.
Failure to comply with the notice issued by the Commission under
this Section constitutes a business offense for which the person
shall be fined not more than $1,000 for a first offense, not more
than $5,000 for a second offense, and not more than $10,000 for a
third or subsequent offense. Each shipment of alcoholic liquor
delivered in violation of the cease and desist notice shall
constitute a separate offense. (Source: P.A. 90-739, eff.
8-13-98)
5/6-30. Riverboat
Gambling Excursions – Sale and Consumption of Alcoholic
Liquor
Notwithstanding any other provision of this Act, the Illinois
Gaming Board shall have exclusive authority to establish the
hours for sale and consumption of alcoholic liquor on board a
riverboat during riverboat gambling excursions conducted in
accordance with the Riverboat Gambling Act. (Source: P.A. 87-826)
(from Ch. 43, par. 144f)
5/6-31. Product Sampling
(a) Retailer, distributor, importing distributor, manufacturer
and nonresident dealer licensees may conduct product sampling for
consumption at a licensed retail location. Up to 3 samples,
consisting of no more than (I) 1/4 ounce of distilled spirits,
(ii) one ounce of wine, or (iii) 2 ounces of beer may be served
to a consumer in one day.
(b) Notwithstanding the provisions of subsection (a), an
on-premises retail licensee may offer for sale and serve more
than one drink per person for sampling purposes without violating
paragraph (1) of subsection (b) of Section 6-28 or paragraph (6)
of subsection © of Section 6-28 of this Act, provided the total
quantity of the sampling package, regardless of the number of
containers in which the alcoholic liquor is being served, does
not exceed 1 ounce of distilled spirits, 4 ounces of wine, or 16
ounces of beer. In any event, all provisions of Section 6-28
shall apply to an on-premises retail licensee that conducts
product sampling. (Source: P.A. 90-432, eff. 1/1/98; 90-626, eff.
1-1-99)