SB0054ham001 101ST GENERAL ASSEMBLY

Rep. Sara Feigenholtz

Filed: 4/30/2019

10100SB0054ham001 LRB101 04781 RPS 60016 a

AMENDMENT TO SENATE BILL 54

AMENDMENT NO. ______. Amend Senate Bill 54 by replacing everything after the enacting clause with the following:

"Section 5. The Liquor Control Act of 1934 is amended by adding Section 6-29.5 as follows:

(235 ILCS 5/6-29.5 new)

Sec. 6-29.5. Delivery of alcoholic liquors by a retailer.

(a) Entities licensed by the Illinois Liquor Control Commission as 1A retailers may make deliveries of unopened original packaged alcoholic liquors away from their places of business to consumers in the State and within the geographic areas specified in paragraphs (1) and (2), whichever is applicable, for personal consumption only, and not for resale. For the purposes of this subsection and except as otherwise provided in this subsection, sales through electronic, online, telephone, or other means, such as third-party applications or other software connecting recipients and licensed retailers, shall be treated as sales by the retailer if the alcoholic liquors delivered to the recipient are made available from the inventory of the licensed retailer. However, a unit of local government may regulate delivery within its boundaries by 1A retailers that are physically located within the unit of local government's boundaries.

(1) 1A retailers that are located in a county or bordering a county with a population of more than 4,500,000 may make deliveries of unopened original packaged alcoholic liquors to consumers within a 30-mile radius of the licensed premises.

(2) 1A retailers that are located in any other county may make deliveries of unopened original packaged alcoholic liquors to consumers within a 50-mile radius of the licensed premises.

(b) A unit of local government shall not prohibit or regulate the ability of a consumer to order or receive unopened original packaged alcoholic liquors under this Section by 1A retailers that are located outside the unit of local government's boundaries.

(c) As provided in this Section, 1A retailers may make deliveries of unopened original packaged alcoholic liquors to consumers through the following methods:

(1) delivery at retail curbside pickup by the consumer;

(2) delivery by an owner, officer, director, shareholder, or employee of the licensed retailer; or

(3) delivery by a third-party contractor, independent contractor, or agent with whom the licensed retailer has contracted to make deliveries of alcoholic liquors.

(d) Any person making a delivery of alcoholic liquors shall ensure that:

(1) the recipient demonstrates, upon delivery, that he or she is at least 21 years of age, and the party making the delivery verifies the age of the recipient by adequate written evidence of age and identity consistent with subsection (a) of Section 6-16 of this Act;

(2) deliveries are not made to a consumer who is visibly intoxicated;

(3) deliveries are made within the State of Illinois; and

(4) if the person making the delivery is a third-party contractor or agent with whom a licensed retailer has contracted to make deliveries, he or she does not warehouse or otherwise maintain an inventory of alcoholic liquors.

(e) This Section does not limit the ability of a retailer authorized by a local liquor control commissioner prior to the effective date of this amendatory Act of the 101st General Assembly to sell alcoholic liquor for off-premises consumption solely through the Internet, a mobile application, or a similar computer-based technology platform to transfer, deliver, or ship alcoholic liquor to any purchaser located in this State without geographic restriction.

(f) A home rule unit may not regulate (i) the delivery of or (ii) the ordering or receiving for delivery by consumers of alcoholic liquors in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

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