SB 3359

Abstract

Amends the Liquor Control Act of 1934. Creates a third-party retailer delivery license. Provides that a third-party retailer delivery license shall authorize a person who is not licensed to sell alcoholic liquor to deliver alcoholic liquor on behalf of a retailer licensee and to deliver alcoholic liquor on behalf of or at the request of an unlicensed purchaser of alcoholic liquor from a retailer licensee. Provides that a third-party retailer delivery license is not required for an employee or independent contractor of a person holding a third-party retailer delivery license or for an employee of a retailer licensee who is not an independent contractor of a retailer licensee. Provides that the issuance and regulation of a third-party retailer delivery license is under the exclusive jurisdiction of the Illinois Liquor Control Commission and does not require local approval prior to issuance by the State Commission. Sets forth fees for licensure and requirements for the delivery of alcoholic liquor by third-party retailer delivery licensees, including limitations on fees that may be charged, maintenance of an insurance policy, recordkeeping, labeling of alcoholic liquor, and verification that the recipient is 21 years of age or older. In a provision requiring alcohol servers to complete responsible alcohol service server training, adds a person who delivers alcoholic liquor on behalf of a third-party retailer delivery licensee to the definition of "alcohol server". Makes changes in provisions authorizing the delivery and carry out of mixed drinks. In a provision concerning prohibited possession and delivery of alcoholic liquor, removes an exemption from the provisions for persons under the age of 21 making a delivery of an alcoholic beverage in pursuance of his or her employment. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. In a provision prohibiting a third-party retailer delivery licensee and certain other persons from holding a direct or indirect financial or beneficial interest in any other business licensed under the Act, excludes interests in State-licensed retailers. Provides that the issuance and regulation of a third-party retailer delivery license is an exclusive power and function of the State and preempts home rule powers. Removes language providing that the issuance and regulation of a third-party retailer delivery license is under the exclusive jurisdiction of the Illinois Liquor Control Commission. Provides that a third-party retailer delivery licensee is liable for any sales and deliveries of alcoholic liquor by its delivery agents to intoxicated persons or persons under the age of 21. Removes language concerning the retailer licensee's responsibility for ensuring that the third-party retailer delivery licensee advertises the identical price for alcoholic liquor sold by the retailer licensee. Makes other changes in provisions concerning requirements for the delivery of alcoholic liquor by third-party retailer licensees. Provides that a retailer engaged in the delivery of alcoholic liquor may request a waiver of certain BASSET requirements. Excludes reasonable compensation provided to a delivery person pursuant to customary delivery practices from a provision prohibiting the compensation of delivery personnel on the basis of a completed delivery. Senate Floor Amendment No. 2 Removes language prohibiting delivery fees based on a percentage of the total receipts of alcoholic liquor sales.