102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0203
 
Introduced 2/17/2021, by Sen. Neil Anderson
 
SYNOPSIS AS INTRODUCED:



235 ILCS 5/6-28.8

 Amends the Liquor Control Act of 1934. Removes language repealing the provision concerning delivery and carry out of mixed drinks on June 2, 2021. Effective immediately.



LRB102 15497 RPS 20860 b


 
 
A BILL FOR
 


SB0203LRB102 15497 RPS 20860 b



1 AN ACT concerning liquor.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Liquor Control Act of 1934 is amended by 
5changing Section 6-28.8 as follows:

6 (235 ILCS 5/6-28.8)
7 (Section scheduled to be repealed on June 2, 2021)
8 Sec. 6-28.8. Delivery and carry out of mixed drinks 
9permitted.
10 (a) In this Section:
11 "Cocktail" or "mixed drink" means any beverage obtained by 
12combining ingredients alcoholic in nature, whether brewed, 
13fermented, or distilled, with ingredients non-alcoholic in 
14nature, such as fruit juice, lemonade, cream, or a carbonated 
15beverage. 
16 "Original container" means, for the purposes of this 
17Section only, a container that is filled, sealed, and secured 
18by a retail licensee's employee at the retail licensee's 
19location with a tamper-evident lid or cap. 
20 "Sealed container" means a rigid container that contains a 
21mixed drink, is new, has never been used, has a secured lid or 
22cap designed to prevent consumption without removal of the lid 
23or cap, and is tamper-evident. "Sealed container" does not 
 
 
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1include a container with a lid with sipping holes or openings 
2for straws or a container made of plastic, paper, or 
3polystyrene foam.
4 "Tamper-evident" means a lid or cap that has been sealed 
5with tamper-evident covers, including, but not limited to, wax 
6dip or heat shrink wrap.
7 (b) A cocktail or mixed drink placed in a sealed container 
8by a retail licensee at the retail licensee's location may be 
9transferred and sold for off-premises consumption if the 
10following requirements are met: 
11  (1) the cocktail is transferred within the licensed 
12 premises, by a curbside pickup, or by delivery by an 
13 employee of the retail licensee who:
14   (A) has been trained in accordance with Section 
15 6-27.1 at the time of the sale;
16   (B) is at least 21 years of age; and
17   (C) upon delivery, verifies the age of the person 
18 to whom the cocktail is being delivered;
19  (2) if the employee delivering the cocktail is not 
20 able to safely verify
a person's age or level of 
21 intoxication upon delivery, the employee shall cancel the 
22 sale of alcohol and return the product to the retail 
23 license holder;
24  (3) the sealed container is placed in the trunk of the 
25 vehicle or if there is no trunk, in the vehicle's rear 
26 compartment that is not readily accessible to the 
 
 
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1 passenger area;
2  (4) the sealed container shall be affixed with a label 
3 or tag that contains the following information: 
4   (A) the cocktail or mixed drink ingredients, type, 
5 and name of the alcohol;
6   (B) the name, license number, and address of the 
7 retail licensee that filled the original container and 
8 sold the product;
9   (C) the volume of the cocktail or mixed drink in 
10 the sealed container; and
11   (D) the sealed container was filled less than 7 
12 days before the date of sale.
13 (c) Third-party delivery services are not permitted to 
14deliver cocktails and mixed drinks under this Section. 
15 (d) If there is an executive order of the Governor in 
16effect during a disaster, the employee delivering the mixed 
17drink or cocktail must comply with any requirements of that 
18executive order, including, but not limited to, wearing gloves 
19and a mask and maintaining distancing requirements when 
20interacting with the public. 
21 (e) Delivery or carry out of a cocktail or mixed drink is 
22prohibited if:
23  (1) a third party delivers the cocktail or mixed 
24 drink;
25  (2) a container of a mixed drink or cocktail is not 
26 tamper-evident and sealed;
 
 
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1  (3) a container of a mixed drink or cocktail is 
2 transported in the passenger area of a vehicle;
3  (4) a mixed drink or cocktail is delivered by a person 
4 or to a person who is under the age of 21; or
5  (5) the person delivering a mixed drink or cocktail 
6 fails to verify the age of the person to whom the mixed 
7 drink or cocktail is being delivered. 
8 (f) Violations of this Section shall be subject to any 
9applicable penalties, including, but not limited to, the 
10penalties specified under Section 11-502 of the Illinois 
11Vehicle Code. 
12 (f-5) This Section is not intended to prohibit or preempt 
13the ability of a brew pub, tap room, or distilling pub to 
14continue to temporarily deliver alcoholic liquor pursuant to 
15guidance issued by the State Commission on March 19, 2020 
16entitled "Illinois Liquor Control Commission, COVID-19 Related 
17Actions, Guidance on Temporary Delivery of Alcoholic Liquor". 
18This Section shall only grant authorization to holders of 
19State of Illinois retail liquor licenses but not to licensees 
20that simultaneously hold any licensure or privilege to 
21manufacture alcoholic liquors within or outside of the State 
22of Illinois. 
23 (g) This Section is not a denial or limitation of home rule 
24powers and functions under Section 6 of Article VII of the 
25Illinois Constitution. 
26 (h) (Blank). This Section is repealed one year after the 
 
 
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1effective date of this amendatory Act of the 101st General 
2Assembly. 

3(Source: P.A. 101-631, eff. 6-2-20.)


4 Section 99. Effective date. This Act takes effect upon 
5becoming law.