Bill Text: IL SB2000 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Liquor Control Act of 1934. Provides that an off-premises retail licensee or a person in the business of manufacturing, importing, or distributing alcoholic liquors directly or indirectly offering or providing coupons to consumers that are redeemable by the person offering the coupon or third-party agent does not constitute a violation under the Act if specified conditions are met. Provides that any person who funds, offers, or redeems coupons shall maintain complete, accurate, and itemized records of reimbursements. Provides that the person offering a coupon shall provide notice of the coupon with specified information at least 7 days prior to the issuance of the coupon on the licensee's publicly available website or social media pages and, in the case of an off-premises retailer offering the coupon, conspicuously on its licensed premises.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB2000 Detail]

Download: Illinois-2023-SB2000-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2000 Introduced 2/9/2023, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
235 ILCS 5/6-40 new
Amends the Liquor Control Act of 1934. Provides that an off-premises retail licensee or a person in the business of manufacturing, importing, or distributing alcoholic liquors directly or indirectly offering or providing coupons to consumers that are redeemable by the person offering the coupon or third-party agent does not constitute a violation under the Act if specified conditions are met. Provides that any person who funds, offers, or redeems coupons shall maintain complete, accurate, and itemized records of reimbursements. Provides that the person offering a coupon shall provide notice of the coupon with specified information at least 7 days prior to the issuance of the coupon on the licensee's publicly available website or social media pages and, in the case of an off-premises retailer offering the coupon, conspicuously on its licensed premises.
LRB103 28059 RPS 54438 b
A BILL FOR
SB2000 LRB103 28059 RPS 54438 b
AN ACT concerning liquor.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
adding Section 6-40 as follows:
(235 ILCS 5/6-40 new)
Sec. 6-40. Coupons.
(a) For the purposes of this Section, "coupon" means any
method, including, but not limited to, paper, digital,
electronic, online mobile application, or similar format, by
which a consumer receives a discount in connection with the
purchase of an alcoholic liquor product with such purchase
funded, produced, sponsored, promoted, or furnished, either
directly or indirectly, by a person in the business of
manufacturing, importing, or distributing alcoholic liquors or
by an off-premise retail licensee and no other person and
redeemed directly or indirectly by the person offering the
coupon or a third-party agent.
(b) An off-premises retail licensee or a person in the
business of manufacturing, importing, or distributing
alcoholic liquors directly or indirectly offering or providing
a coupon to consumers that is redeemable by the person
offering the coupon or third-party agent does not constitute a

SB2000 - 2 - LRB103 28059 RPS 54438 b
violation under this Act if the following conditions are met:
(1) The person offers the coupon directly to a
consumer. A manufacturer that imports or distributes
alcoholic liquors shall not directly or indirectly
reimburse a retailer for a coupon.
(2) The person offering the coupon does not offer any
coupon that makes any alcoholic liquor free of charge.
(3) The person offering a coupon directly or
indirectly to a consumer is the sole person, or its
third-party agent, who redeems the coupon. The person
offering the coupon, or its third-party agent, shall not
redeem a coupon by any consumer below the age of 21.
(4) The coupon provided by the person in the business
of manufacturing, importing, or distributing alcoholic
liquors does not identify the name or brand of a retail
licensee.
(5) A person in the business of manufacturing,
importing, or distributing alcoholic liquors does not
offer a coupon that is redeemable for retailer branded or
retailer private label products. A retail licensee may
offer a coupon for a retailer branded or retailer private
label product.
(6) The coupon contains an expiration date. A person
offering a coupon shall not reimburse a consumer beyond
the expiration date.
(7) A person in the business of manufacturing,

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importing, or distributing alcoholic liquors does not
require a retailer to accept coupons. A retailer shall not
accept any reimbursement for a coupon issued by any other
person.
(8) A retailer does not require a person in the
business of manufacturing, importing, or distributing
alcoholic liquors to offer coupons.
(9) A person offering a coupon provides the full
amount of the discount to the consumer.
(10) A distributor is not required to disseminate any
coupons on the behalf of a person offering a coupon.
(11) Printed or paper coupons are not offered or
provided anywhere on the premises of a retailer or placed
upon any alcoholic product.
(12) The coupon does not provide a full or partial
discount for the purchase of alcoholic liquor that would
apply to a separate alcoholic liquor that is not
manufactured or owned by the same alcoholic manufacturer.
(c) A retailer may offer a coupon as part of a retailer
loyalty program or awards program.
(d) A coupon for alcohol liquor may include nonalcoholic
products as long as the discount applies solely to a
nonalcoholic product that is not a retailer branded or private
label product.
(e) A coupon may be promoted, provided, furnished, or
fulfilled through a third-party agent acting on behalf of a

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person offering the coupon. Any act or omission of a
third-party agent related to coupons or consumer promotion is
the act or omission of the licensee.
(f) Any person who funds, offers, or redeems coupons shall
maintain complete, accurate, and itemized records of
reimbursements. All records of reimbursement, including any
supporting documentation, including, but not limited to,
consumer promotions, purchase invoices, sales receipts, or
similar documentation shall be maintained by the licensee
offering a coupon for a period of no less than 3 years after
the reimbursement. A licensee shall make records of
reimbursements and supporting documentation available upon
reasonable notice for the purpose of investigation by the
State Commission. The records may be kept in an electronic or
digital format.
(g) The person offering a coupon shall provide notice of
the coupon at least 7 days prior to the issuance of the coupon
on the licensee's publicly available website or social media
pages and, in the case of an off-premises retailer offering
the coupon, conspicuously on its licensed premises. The notice
shall include the following:
(1) the person offering the coupon;
(2) the exact product or products and size or sizes of
the product or products and the rebate amount for the
coupon; and
(3) the beginning and end date of the coupon offered.