Bill Text: IL SB3494 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Liquor Control Act of 1934. Provides that manufacturers, distributors, or importing distributors may stock at retail licensed establishments alcoholic liquors they sell, provided that the alcoholic liquor products of other manufacturers, distributors, or importing distributors are not moved, altered, or disturbed and other conditions are met. Provides that manufacturers, distributors, or importing distributors may rotate their own alcoholic liquor products at a retailer's premises one time either during the normal course of, 24 hours before, or within 24 hours after a regular sales call or one time either during the normal course of, 24 hours before, or within 24 hours after delivery to the retailer. Provides that manufacturers, distributors, or importing distributors may participate in or be present at merchandising resets conducted at a retailer's premises no more than 4 times per year. Provides that manufacturers, distributors, or importing distributors may provide to retailers recommended diagrams, shelf plans, or shelf schematics that suggest beneficial display locations for their alcoholic liquor products at the retailer's premises. Prohibits manufacturers, distributors, and importing distributors from conditioning pricing discounts, credits, rebates, access to brands, or the provision of any other item or activity permissible under the Act upon a retailer's choice to implement or not implement diagrams, shelf plans, or shelf schematics. Provides that manufacturers, distributors, or importing distributors may not affix prices to products on behalf of retailers. Defines "reset", "rotation", and "stocking". Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3494 Detail]

Download: Illinois-2019-SB3494-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3494 Introduced 2/13/2020, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED:
235 ILCS 5/6-6.1 new
Amends the Liquor Control Act of 1934. Provides that manufacturers, distributors, or importing distributors may stock at retail licensed establishments alcoholic liquors they sell, provided that the alcoholic liquor products of other manufacturers, distributors, or importing distributors are not moved, altered, or disturbed and other conditions are met. Provides that manufacturers, distributors, or importing distributors may rotate their own alcoholic liquor products at a retailer's premises one time either during the normal course of, 24 hours before, or within 24 hours after a regular sales call or one time either during the normal course of, 24 hours before, or within 24 hours after delivery to the retailer. Provides that manufacturers, distributors, or importing distributors may participate in or be present at merchandising resets conducted at a retailer's premises no more than 4 times per year. Provides that manufacturers, distributors, or importing distributors may provide to retailers recommended diagrams, shelf plans, or shelf schematics that suggest beneficial display locations for their alcoholic liquor products at the retailer's premises. Prohibits manufacturers, distributors, and importing distributors from conditioning pricing discounts, credits, rebates, access to brands, or the provision of any other item or activity permissible under the Act upon a retailer's choice to implement or not implement diagrams, shelf plans, or shelf schematics. Provides that manufacturers, distributors, or importing distributors may not affix prices to products on behalf of retailers. Defines "reset", "rotation", and "stocking". Makes other changes. Effective immediately.
LRB101 20201 RPS 69741 b
A BILL FOR
SB3494 LRB101 20201 RPS 69741 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 6-6.1 as follows:
(235 ILCS 5/6-6.1 new)
Sec. 6-6.1. Stocking, rotation, resetting, and pricing
services.
(a) In this Section:
"Reset" means the large-scale rearrangement of the
alcoholic liquor products at a retailer's premises.
"Rotation" means moving newer, fresher products from a
storage area to a point-of-sale area and the replenishing of
the point-of-sale area with fresh products.
"Stocking" means the placing of alcoholic liquors where
they are to be stored or where they are offered for sale.
(b) Manufacturers, distributors, or importing distributors
may stock at retail licensed establishments alcoholic liquors
they sell, provided that the alcoholic liquor products of other
manufacturers, distributors, or importing distributors are not
moved, altered, or disturbed. This stocking may be done one
time either during the normal course of, 24 hours before, or
within 24 hours after a regular sales call or one time either

SB3494 - 2 - LRB101 20201 RPS 69741 b
during the normal course of, 24 hours before, or within 24
hours after delivery to the retailer. The stocking is
considered service incidental to a sales call or delivery.
(c) Manufacturers, distributors, or importing distributors
may rotate their own alcoholic liquor products at a retailer's
premises one time either during the normal course of, 24 hours
before, or within 24 hours after a regular sales call or one
time either during the normal course of, 24 hours before, or
within 24 hours after delivery to the retailer. Rotation may be
performed at any location within a retailer's premises.
(d) Manufacturers, distributors, or importing distributors
may participate in or be present at merchandising resets
conducted at a retailer's premises no more than 4 times per
year. During resets, manufacturers, distributors, or importing
distributors may stock or restock entire sections of
point-of-sale locations at the retailer's premises. No reset
shall occur without at least 14 days' prior notice made by the
retailer to all manufacturers, distributors, or importing
distributors whose alcoholic liquor products are carried by the
retailer. Manufacturers, distributors, or importing
distributors may only move, alter, disturb, or displace their
alcoholic liquor products and the products of properly
notified, but nonattending, manufacturers, distributors, or
importing distributors.
(e) Manufacturers, distributors, or importing distributors
may provide to retailers recommended diagrams, shelf plans, or

SB3494 - 3 - LRB101 20201 RPS 69741 b
shelf schematics that suggest beneficial display locations for
their alcoholic liquor products at the retailer's premises.
Manufacturers, distributors, or importing distributors may not
condition pricing discounts, credits, rebates, access to
brands, or the provision of any other item or activity
permissible under this Act upon a retailer's choice to
implement or not implement diagrams, shelf plans, or shelf
schematics.
(f) Manufacturers, distributors, or importing distributors
may not affix prices to products on behalf of retailers. This
prohibition includes the indirect affixing of prices to
product, including entering prices into a retailer's computer
system. This prohibition does not prohibit manufacturers,
distributors, or importing distributors, after stocking a
shelf, from affixing shelf tags that identify the product and
price of the alcoholic liquor; however, at no time may
manufacturers, distributors, or importing distributors
delegate or contract this service to a third party. Shelf tags
are considered point-of-sale advertising materials and are
subject to Section 6-6 of this Act. If permitted stocking by
manufacturers, distributors, or importing distributors
involves movement and a change in the placement of its product
on the retailer's shelf, shelf tags may be moved to the new
position of the product.
Section 99. Effective date. This Act takes effect upon
becoming law.