SB 104

Abstract

Amends the Liquor Control Act of 1934. Provides that payment by credit card during the period during which merchandising credit may be extended shall be considered payment. Provides that a retailer may use a credit card to make purchases from a distributor, and the distributor may charge to the retailer any fees associated with that credit card transaction. Provides that manufacturers, non-resident dealers, foreign importers, distributors, or importing distributors may make certain donations related to COVID-19. Provides that retail license holders may accept those donations. Repeals provisions related to the receipt of items of value on January 1, 2024. Authorizes the delivery and carry out of a single serving of wine if specified conditions are met. Provides that the provision concerning delivery and carry out of mixed drinks is repealed on January 1, 2024 (instead of June 2, 2021). Makes other changes. Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, with respect to certain eating and drinking establishments, the obligation to make quarter monthly payments shall be suspended, and the taxpayer shall, instead, make monthly payments as otherwise provided by law. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 235 ILCS 5/6-6.65 new Removes provisions from the introduced bill allowing manufacturers, non-resident dealers, foreign importers, distributors, or importing distributors to make certain donations related to COVID-19. House Committee Amendment No. 1 Deletes reference to: 35 ILCS 105/9 35 ILCS 120/3 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. In the Liquor Control Act of 1934, adds to the definition of "original container" a container that is filled and labeled by the manufacturer and secured by the manufacturer's original unbroken seal. Provides that "sealed container" includes a manufacturer's original container. Provides that a manufacturer's original container shall be affixed with a label or tag that contains the name, license number, and address of the retail licensee that sold the product. Provides for repeal of provisions concerning delivery and carry out of mixed drinks on January 1, 2025 (rather than January 1, 2024). Removes provisions amending the Use Tax Act and the Retailers' Occupation Tax Act. Effective immediately. House Floor Amendment No. 2 Adds reference to: 235 ILCS 5/6-37 new Provides for repeal of provisions concerning delivery and carry out of mixed drinks on January 3, 2024 (rather than January 1, 2025). Further amends the Liquor Control Act of 1934. Provides that, from June 10, 2021 through July 10, 2021, a retail licensee may offer a single drink of alcoholic liquor at no cost to a customer as part of a publicly advertised promotion to encourage participation in any COVID-19 vaccination program if the customer provides proof of COVID-19 vaccination received at any time. Provides that drinks may be provided only from 6 p.m. through 10 p.m. Provides that a retail licensee's participation in providing a single drink of alcoholic liquor is voluntary. Allows the retail licensee to determine or restrict which single drink of alcoholic liquor it will provide at no cost but provides that under no circumstances may a single drink of alcoholic liquor exceed 1.5 ounces of distilled spirits, 5 ounces of wine, or 12 ounces of beer. Allows a local liquor control commissioner or local liquor control commission to prohibit retail licensees within its jurisdiction from providing a single drink of alcoholic liquor at no charge by promulgating a rule or policy preempting this Section. Provides that, after receiving a single drink of alcoholic liquor at no charge, no customer shall receive a subsequent drink from the retail licensee providing the drink at no charge or from another retail licensee on the same day or any subsequent day. Requires the retail licensee to develop procedures to verify the identity of the vaccinated customer by comparing the vaccination card to a form of valid federal or State identification. Provides that the retail licensee shall develop procedures to ensure that a customer does not obtain more than a single drink at no charge and the retail licensee shall be subject to penalties imposed by the State Commission if the retail licensee provides more than a single drink to a particular customer at no charge. Provides that the Illinois Liquor Control Commission may publish further guidelines on the implementation of this Section not inconsistent with this Section and shall post them on the State Commission's website. Provides for repeal of the provisions on July 11, 2021. Makes other changes.