97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3398
 
Introduced 2/7/2012, by Sen. Antonio Muņoz
 
SYNOPSIS AS INTRODUCED:






235 ILCS 5/6-28 from Ch. 43, par. 144d

 Amends the Liquor Control Act of 1934. In language concerning the prohibition against happy hours, provides that a licensee is not prohibited from selling pitchers or other types of vessels containing no more than 150 ounces of beer (previously, no designation of the number of ounces). Effective immediately.



LRB097 18866 AJO 65525 b


 
 
A BILL FOR
 


SB3398LRB097 18866 AJO 65525 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 as follows:




6 (235 ILCS 5/6-28) (from Ch. 43, par. 144d)



7 Sec. 6-28. Happy hours prohibited. 
8 (a) All retail licensees shall
maintain a schedule of the 
9prices charged for all drinks of alcoholic
liquor to be served 
10and consumed on the licensed premises or in any room or
part 
11thereof. Whenever a hotel or multi-use establishment which 
12holds a
valid retailer's license operates on its premises more 
13than one
establishment at which drinks of alcoholic liquor are 
14sold at retail, the
hotel or multi-use establishment shall 
15maintain at each such establishment
a separate schedule of the 
16prices charged for such drinks at that
establishment.

17 (b) No retail licensee or employee or agent of such 
18licensee shall:


19  (1) serve 2 or more drinks of alcoholic liquor at one 
20 time to one person
for consumption by that one person, 
21 except conducting product sampling
pursuant to Section 
22 6-31 or selling or delivering wine by the bottle or
carafe;


23  (2) sell, offer to sell or serve to any person an 
 
 
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1 unlimited number of
drinks of alcoholic liquor during any 
2 set period of time for a fixed price,
except at private 
3 functions not open to the general public;


4  (3) sell, offer to sell or serve any drink of alcoholic 
5 liquor to any
person on any one date at a reduced price 
6 other than that charged other
purchasers of drinks on that 
7 day where such reduced price is a promotion to
encourage 
8 consumption of alcoholic liquor, except as authorized in

9 paragraph (7) of subsection (c);


10  (4) increase the volume of alcoholic liquor contained 
11 in a drink, or the
size of a drink of alcoholic liquor, 
12 without increasing proportionately
the price regularly 
13 charged for the drink on that day;


14  (5) encourage or permit, on the licensed premises, any 
15 game or contest
which involves drinking alcoholic liquor or 
16 the
awarding of drinks of alcoholic liquor as prizes for 
17 such game or contest
on the licensed premises; or


18  (6) advertise or promote in any way, whether on or off 
19 the licensed
premises, any of the practices prohibited 
20 under paragraphs (1) through (5).

21 (c) Nothing in subsection (b) shall be construed to 
22prohibit a
licensee from:


23  (1) offering free food or entertainment at any time;


24  (2) including drinks of alcoholic liquor as part of a 
25 meal package;


26  (3) including drinks of alcoholic liquor as part of a 
 
 
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1 hotel package;


2  (4) negotiating drinks of alcoholic liquor as part of a 
3 contract between
a hotel or multi-use establishment and 
4 another group for the holding of any
function, meeting, 
5 convention or trade show;


6  (5) providing room service to persons renting rooms at 
7 a hotel;


8  (6) selling pitchers or other type of vessels 
9 containing no more than 150 ounces of beer (or the 
10 equivalent, including, but not limited to,
buckets), or 
11 carafes, or bottles of alcoholic liquor which are

12 customarily sold in such manner, or selling bottles of 
13 spirits, and delivered to 2 or more persons at one time;
or


14  (7) increasing prices of drinks of alcoholic liquor in 
15 lieu of, in whole
or in part, a cover charge to offset the 
16 cost of special entertainment not
regularly scheduled.

17 (d) A violation of this Act shall be grounds for suspension 
18or
revocation of the retailer's license as provided by
this 
19Act.

20(Source: P.A. 94-1112, eff. 2-27-07.)



21 Section 99. Effective date. This Act takes effect upon 
22becoming law.