The spring legislative session is officially in the books. It was fairly lackluster, all things considered. Proposals to amend Illinois’ Beer Industry Fair Dealing Act failed to advance and the production cap for craft brewers– which impacts both Illinois brewers and out-of-state brewers who want to open brewpubs here — was not increased.
However, bills that were introduced over the last two years remain alive through the fall session, which is in late November and early December, and into early January when a “lame duck” session could be called before a new governor and General Assembly are sworn in.
Note: We’ll update this Illinois legislative roundup as the bills listed below advance or others are introduced or amended. Updates will be in bold.
Sponsor: State Senator Donne Trotter (D-Chicago), State Representative Art Turner (D-Chicago)
Synopsis (ILGA website): Includes within the definition of the term “beer” all beverages brewed or fermented wholly or in part from malt products.
Status: Signed into law; Public Act 98-0843.
Passed Senate Committee: Yes
Passed Senate: Yes
Passed House Committee: Yes
Passed House: Yes
Signed into law: Yes
Sponsor: State Representative Sara Feigenholtz (D-Chicago), State Senator Napoleon Harris III (D-Flossmoor)
Synopsis (ILGA website): Requires all alcohol servers in Cook County, except for alcohol servers who have been issued a valid server certificate by a certified Beverage Alcohol Sellers and Servers Education and Training (BASSET) trainer between July 1, 2012 and July 1, 2015, to complete training in basic responsible alcohol service by July 1, 2015 or within 120 days after the alcohol server begins his or her employment, whichever is later. Does not apply to special event retailers.
Provides that a responsible alcohol service training certificate shall be valid for 3 years. Provides that no later than October 1, 2015, BASSET trainers shall be recertified by the Liquor Control Commission and be required to comply with the conditions for server training set forth in this amendatory Act. Provides that training modules and certificate program plans must be approved by the Commission. Sets forth criteria for classroom-based training, online training, computer-based training, and testing. Requires a certificate program to provide access on a 24-hour-per-day, 7 days-per-week basis for certificate verification.
Provides that a certificate issued from a BASSET-licensed training program shall be accepted as meeting the training requirements for all server license and permit laws and ordinances in this State. Provides that before January 1, 2016, enforcement of the provisions shall be limited to education and notification of the requirements. Effective July 1, 2015.
Status: Signed into law, Public Act 98-0939.
Passed House Committee: Yes
Passed House: Yes
Passed Senate Committee: Yes
Passed Senate: Yes
Signed into law: Yes
Sponsor: State Representative Esther Golar (D-Chicago), State Senator Willie Delgado (D-Chicago)
Synopsis (ILGA website): Provides that if the premises for which a license was issued are located in Chicago and the local liquor control commissioner has evidence (instead of reason to believe), based upon the occurrence of criminal activity, that any continued operation of the licensed premises poses an excessive risk to the health, safety, or welfare of the community, then the local liquor control commissioner may take certain action.
Specifies the types of criminal activity that trigger the closure provision. Deletes language allowing other business to be conducted on the licensed premises during the closure period.
Provides that a distributor may, in coordination with the local liquor control commissioner and the local police department, remove any product for which the distributor has not received full payment from the licensee at the time of the closure of the premises. Requires the distributor to provide the local liquor control commissioner with a document outlining the products for which full payment has not been received.
Status: Signed into law, Public Act 98-1054
Passed House Committee: Yes
Passed House: Yes
Passed Senate Committee: Yes
Passed Senate: Yes
Signed into law: Yes
Sponsor: State Senator Tony Munoz (D-Chicago), State Representative Frank Mautino (D-Spring Valley)
Synopsis (ILGA website): Provides that the provisions that prohibit liquor distributors and manufacturers from giving, and retail licensees from receiving, anything of value shall not prohibit a manufacturer, distributor, or importing distributor from furnishing advertising signs, promotional materials, or fixtures to a retail licensee and that a retail licensee shall not be prohibited from receiving those advertising signs, promotional materials, or fixtures, if the sole use and purpose of the advertising signs, promotional materials, or fixtures is limited to the sale or consumption of beverage products that contain one-half of one percent, or less, of alcohol by volume and the beverage products are not marketed for adult consumption as an alternative to alcoholic beverages (instead of not authorizing the Illinois Liquor Control Commission to regulate beverage products that contain one-half of one per cent, or less, of alcohol by volume).
Provides that a retail licensee is prohibited from using those promotional materials or fixtures for the purpose of promoting the sale or consumption of alcoholic beverages.
Status: Held on third reading in the Illinois Senate.
Passed House Committee: Yes
Passed House: Yes
Passed Senate Committee: Yes
Passed Senate: No
Signed into law: N/A
Sponsor: State Senator Don Harmon (D-Oak Park), State Representative Jay Hoffman (D-Swansea)
Synopsis (ILGA website): Provides that the Act shall not apply to any liquid or solid containing one-half of one per cent, or less, of alcohol by volume.
Provides that the provisions that prohibit liquor distributors and manufacturers from giving, and retail licensees from receiving, anything of value shall not prohibit a manufacturer, distributor, or importing distributor from furnishing advertising signs, promotional materials, equipment, or fixtures to a retail licensee and that a retail licensee shall not be prohibited from receiving those advertising signs, promotional materials, equipment, or fixtures, provided that (i) the sole use and purpose of the advertising signs, promotional materials, equipment, or fixtures is limited to the sale or consumption of beverage products that contain one-half of one percent, or less, of alcohol by volume and (ii) the advertising signs, promotional materials, equipment, or fixtures include the brand name of the beverage product.
Provides that a retail licensee is prohibited from using those advertising signs, promotional materials, equipment, or fixtures for the purpose of displaying or promoting the sale or consumption of alcoholic beverages. Provides that a manufacturer, distributor, or importing distributor shall not be liable for a retail licensee’s violation of that prohibition.
Status: Held in the House Rules Committee.
Passed Senate Committee: Yes
Passed Senate: Yes
Passed House Committee: No
Passed House: N/A
Signed into law: N/A
Sponsor: State Representative Sara Feigenholtz (D-Chicago)
Synopsis (ILGA website): Provides that the provisions of the [Illinois Liquor Control] Act that prohibit happy hours shall not be construed to prohibit a licensee from including drinks of alcoholic liquor as part of a fixed-price meal package if: (1) the licensee is separately licensed for the on premise sale and consumption of alcoholic beverages; (2) the package includes substantial prepared food; (3) the licensee restricts the hours of service for the meal and beverage package to a time period of not less than 2 hours and not more than 5 hours; and (4) the licensee’s employees or agents serve alcoholic beverages provided as a part of the meal package only in single servings to individual patrons in the manner the alcoholic beverages are customarily sold for on premise consumption while offering such meal or entertainment packages.
Provides that snacks, hors d’oeuvres, or appetizers alone do not constitute substantial prepared food.
Status: Amended, held on second reading in the Illinois House.
Passed House Committee: No
Passed House: N/A
Passed Senate Committee: N/A
Passed Senate: N/A
Signed into law: N/A
Sponsor: Senate President John Cullerton (D-Chicago)
Synopsis (bill language): Notwithstanding the provisions of subsection (c) of Section 10-1 of this [Illinois Liquor Control] Act, any person who holds a retailer’s license and maintains storage for alcoholic liquor at any place other than the premises specified in the license without express statutory authorization shall be guilty of a Class B misdemeanor for a first offense and a Class A misdemeanor for a second or subsequent offense.
Status: Amendment 1 held in the Senate Committee on Assignments.
Passed Senate Committee: No
Passed Senate: N/A
Passed House Committee: N/A
Passed House: N/A
Signed into law: N/A
Sponsor: State Representative Jill Tracy (R-Quincy)
Synopsis (bill language): A person licensed as a craft distiller not affiliated with any other person manufacturing spirits may be authorized by the Commission to sell up to 5,000 2,500 gallons of spirits produced by the person to non-licensees for on or off-premises consumption for the premises in which he or she actually conducts business permitting only the retail sale of spirits manufactured at such premises. Such sales shall be limited to on-premises, in-person sales only, for lawful consumption on or off premises, and such authorization shall be considered a privilege granted by the craft distiller license.
Status: Held in the House Rules Committee.
Passed House Committee: No
Passed House: N/A
Passed Senate Committee: N/A
Passed Senate: N/A
Signed into law: N/A