ILCC 1st Quarter2020 documents site wide/Education... · Phase 4 of Restore Illinois phase...

As COVID-19 cases skyrocket across the nation, the Illinois Liquor Control Commissionis working with state police and local municipalities to help limit potential virus spread

by ensuring group gatherings at licensed liquor establishments are compliant with phasefour of Restore Illinois.

With record-high COVID-19 outbreaks across the nation, our communities must remainvigilant to prevent a resurgence in our state. It is crucial that Illinois licensed liquorestablishments operate responsibly, and adhere to the parameters of Illinois’ revitalizationefforts. If necessary, state and local liquor authorities may take immediate action againstthe license of establishments found to be threatening the welfare of the community.

Under the Illinois Liquor Control Act (235 ILCS 5/7-5), local liquor commissioners maytemporarily cease the liquor license of a business found to be posing an immediate threatto the welfare of their community. Suspensions may last up to seven days.

Phase 4 of Restore Illinois phase indicates seated area capacity of restaurants and barsshould be determined by arranging seating to provide a minimum of six feet betweentables or other designated patron service areas. Indoor dining can reopen with groups of10 or less, with tables spaced 6-feet apart in seated areas and with standing areas at nomore than 25% of capacity. Capacity restrictions will be reassessed based on the latestscience and public health metrics on an ongoing basis throughout Phase 4. Among otherthings, these requirements include wearing face coverings in bars and restaurants,practicing social distancing, washing hands regularly, and following signage.

For additional information related to COVID-19 and the ILCC, please visit the ILCC’swebsite at: www.illinois.gov/ilcc.

IDPH safety guidance for retail restaurant and bar establishments(https://www.dph.illinois.gov/topics-services/diseases-and-conditions/diseases-a-z-list/coronavirus/business-guidance/food-service)

DCEO Phase 4 Resources for Bars and Restaurants((https://dceocovid19resources.com/restore-illinois/restore-illinois-phase-4/indoor-and-outdoor-dining/)

Second Quarter 2020

ILCC News

State of IllinoisIllinois Liquor Control Commission

News l e t t e r o f t h e I l l i n o i s L i quo r Con t ro l Commi s s i on

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Division NewsCOVID-19 COMPLIANCEDIRECTIVECOVID-19 Q & A. . . . . . . . . . . . . . . . . . 2

LICENSINGIllinois Liquor Licenses Renewals. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

How to Print ILCCCorrespondence Letters andLicenses . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

LEGALDelinquencies andBona Fide Disputes . . . . . . . . . . . . . 11

ENFORCEMENTWhat’s the Mix-up?Pre-mix vs. Infusion. . . . . . . . . . . . . . 12

INDUSTRY EDUCATIONIndustry Education . . . . . . . . . . . . . . 13

COMMUNITY Community News & Events. . . . 13

BASSETControlling Risk . . . . . . . . . . . . . . . . . . 15

MATERIALS & BULLETINSBASSET Issues andInformation . . . . . . . . . . . . . . . . . . . . . . . 16

BASSET Training Required for Alcohol “To Go” and Delivery . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

An Important Message on the COVID-19 Coronavirus from ILCC Director Chima Enyia

COVID-19 Questions & Answers

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ILCC NewsArticle suggestionsare welcome!

The ILCC welcomes yourinput to enhance the ILCCNews. If you have asuggestion for an article ortopic or have a helpful hintto share with otherlicensees, please contactthe ILCC’s Chicago Office.

ILCC News is publishedby the Illinois LiquorControl Commission forstate liquor licensees, localgovernment officials,industry associations, andrelated governmentagencies.

Managing Editor:Michelle Flagg

ILCC Website:www.illinois.gov/ilcc

ILCC Email:[email protected]

Chicago Office100 West Randolph StreetSuite 7-801Chicago, IL 60601Phone: 312.814.2206Fax: 312.814.2241

Springfield Office300 West JeffersonSuite 300Springfield, IL 62702Phone: 217.782.2136Fax: 217.524.1911

Published by the Authority of theState of Illinois.(7/20)IOCI 21-007

COVID-19 Compliance Directive

ILCC News Second Quarter 2020

Q. When is Governor Pritzker’s Phase 4Restore Illinois Plan effective?

A. Beginning June 26, 2020 and continuingfor the duration of Phase 4 of the RestoreIllinois Plan (date to be determined).

Q. Is Phase 4 of the Restore Illinois Planstatewide or is it only for specific counties?

A. Phase 4 of the Restore Illinois Plan isstatewide but the State is broken intofour regions as indicated in this link:https://coronavirus.illinois.gov/sfc/servlet.shepherd/document/download/069t000000BadS0AAJ?operationContext=S1

A. As of June 26, 2020, all Illinois regionshave progressed to Phase 4 (although itis possible some regions may progress toPhase 5 or regress to Phase 3 at futuredates).

Q. Where can I find all necessary informationon Restore Illinois Phase 4 reopeningprocedures?

A. The Illinois Department of Commerceand Economic Opportunity (hereafter“DCEO”) website for Phase 4 Guidelinesfor Reopening.https://dceocovid19resources.com/restore-illinois/restoreillinois- phase-4/

Other relevant links:Indoor and Outdoor Restaurant/BarHomepagehttps://dceocovid19resources.com/restore-illinois/restore-illinois-phase-4/indoor-and-outdoordining/Indoor and Outdoor Restaurant/BarPhase 4 Guidelines:https://dceocovid19resources.com/assets/Restore-Illinois/businessguidelines4/restaurantbars.pdfMeetings and Social Event Homepagehttps://dceocovid19resources.com/restore-illinois/restore-illinois-phase-4/meetings-and-social-events/DCEO Meetings and Social Event Phase4 Guidelineshttps://dceocovid19resources.com/assets/Restore-Illinois/businessguidelines4/meetings.pdf

DCEO Retailer Homepagehttps://dceocovid19resources.com/restore-illinois/restore-illinois-phase-4/retail/DCEO Retailer Phase 4 Guidelineshttps://dceocovid19resources.com/assets/Restore-Illinois/businessguidelines4/retail.pdf

Q. How and where may I permit food andbeverages to be consumed on mylicensed premises?

A. At indoor and outdoor licensedlocations, per Department of Commerceand Economic Opportunityrequirements:1. [Seated areas] Area capacity should

be determined by arranging seatingto provide a minimum of 6 ft. betweentables or other designated patronservice areas.

2. [Standing areas] Maximum occupancyof 25% of standing area capacity

3. 10-person party limit4. Configure space to allow for at least

6-ft. of distance between tables orother designated patron service areas;if tables/ booths cannot be moved,employers should only use every othertable/ booth to allow for separationbetween patrons of unrelated partiesi. Bar seating should be spaced 6-ft apart tomaintain social distancing betweenpatrons of unrelated partiesii. [Booths only] Employers may use

consecutive booths to serve patronsof unrelated parties only if employerinstalls an impermeable barrier witha height of 6-ft or greater from thefloor between booths. Use ofbarriers should not impede entry/exit or impose a fire risk. Use ofplexiglass is a best practice

5. To the extent possible, patrons shouldwait for services off premises, eitheroutdoors and maintaining socialdistance of 6-ft with use of

continued on page 3.

COVID-19 Compliance Frequently Asked QuestionsUpdated June 26, 2020

COVID-19 Questions & Answers (cont).

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continued from page 2.

recommended face coverings or in their vehicles.Patrons can wait in waiting area, but shouldadhere to 6-ft distancing guidelines

6. Live music is permitted but employees andperformers should follow social distancingguidelines, keeping the maximum distancepossible from each other and from customers.Performers should wear face coverings wherepossible and the use of barriers between singersand customers and employees during theperformance is strongly encouraged; additionalguidelines for performers can be found in theTheaters and Performing Arts guidelines

7. Before allowing external supplier or non-patronvisitor (excluding third-party visitors providingcarryout services only) to enter, or while requiringthem to wait in a designated area, employershould ask whether external supplier or visitor iscurrently exhibiting COVID-19 symptomsi. If practical, employer should take externalsupplier or non-patron visitor temperature usingthermometer (infrared / thermal cameraspreferred, touchless thermometers permitted)

8. Keep log of all external suppliers who enterpremises

9. Suppliers and other non-patron visitors should wearface coverings over their nose and mouth whenentering premises (exceptions can be made forpeople with medical conditions or disabilities thatprevent them from safely wearing a face-covering)

Encouraged best practices1. If practical, alter hours of operation to adequately

spread out patron traffic and allow for additionalcleaning time.

2. Stagger shift start and end times to minimizecongregation of employees during changeovers

3. If practical, group employees in clusters andschedule groups on same shifts to reducecross-team exposure

4. Limit contact between external suppliers andemployees

5. Restrict suppliers from entering premises and ifpractical, have deliveries dropped at door

6. Before allowing entrance, employers should askwhether patron is currently exhibiting COVID-19symptomsi. If practical, employer should take patrontemperature using thermometer (infrared /

thermal cameras preferred, touchlessthermometers permitted)

Q. What are the limitations on indoor/outdooroccupancy for a bar or restaurant?

A. 1. Tables of no more than 10 persons per group arerequired to be 6 feet or more apart.

2. Occupancy for standing areas is limited to nomore than 25% of the standing occupancy area.

Q. Does Phase 4 allow outdoor special events?A. General admission public gatherings are not

permitted in Phase 4. Therefore, the Illinois LiquorControl Commission will not issue a special eventretail liquor license for events anticipating generaladmission gatherings. License issuance fornon-general admission events will be considered ona case by case basis to determine if the eventqualifies under Phase 4 restrictions.

Q. Are alcohol tastings still permitted at a bar,restaurant, or other off-premise retail locations?

A. Per DCEO guidelines, “Shopping mall food courtsand grocery and convenience store dining, drinkingand self-service areas should follow Restaurant andBar guidelines.” Therefore, alcohol tastings arepermitted under all of the DCEO requirementsmandated for restaurants/bars and retail stores. Seethe following links:https://dceocovid19resources.com/restore-illinois/restore-illinois-phase-4/indoor-and-outdoor-dining/https://dceocovid19resources.com/restore-illinois/restore-illinois-phase-4/retail/

Q. I am a tavern or brewer with a tap room and do nothold a license of any kind to serve food. May I offerindoor/outdoor drinking at a bar or at tablesWITHOUT DINING?



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A. Yes, as long as the business complies with the tableand standing requirements of the restaurant/barguidance.https://dceocovid19resources.com/restore-illinois/restore-illinois-phase-4/indoor-and-outdoor-dining/

Q. May a Local Liquor Control Commission extend ordesignate a licensed premises to include acontiguous or adjacent public sidewalk, beergarden, patio, public street, private parking lot, orother similar outdoor area not previously licensed?

A. Yes, a Local Liquor Control Commission may extendor designate a licensed premises to include acontiguous public sidewalk, beer garden, patio,adjacent public street, private parking lot, or othersimilar outdoor area not previously licensed orcustomarily designated for eating and drinking. If thelocal liquor control commission DOES NOT requireadditional licensing, there is no requirement forthe licensee to file a State Special Use Permitapplication to extend the licensed address.

Q. In what situation would a licensee be required to filean Illinois Liquor Control Commission Special UsePermit for Phase 4 outdoor privileges?1. If the Local Liquor Control Commission requires

additional local licensing or permitting for apreviously unlicensed adjacent public street, privateparking lot, or similar unlicensed area, the licenseeis required to file an Illinois Liquor ControlCommission Special Use Permit application.

2. If a Local Liquor Control Commission issues atemporary local license or permit which designatesan outdoor dining and/or drinking area to includea non-contiguous and non-adjacent location with asubstantially different address (from the currentlylicensed location), the licensee is required to filean Illinois Liquor Control Commission SpecialUse Permit application

NOTE: The issuance of a Special Use Permit (or, ifnecessary, a Not-for-Profit Special Event license)during Phase 4 of the Restore Illinois Plan is solelyfor the purpose of “dining and drinking.” LocalLiquor Control Commissions should not extend ordesignate licensed areas for the purposes of astreet fair, summer festival or similar eventinvolving a high concentration of event attendees.

Q. How do I apply for and what are the requirementsfor a Special Use Permit license?

A. In order to qualify for a Special Use Permit liquorlicense, the licensee shall:

• Complete and submit Special Use Permitapplication:https://www2.illinois.gov/ilcc/SiteCollectionDocuments/Special%20Use%20Permit.pdf)

• Obtain and submit evidence of local approval (e.g.special license, letter from the local liquor controlcommissioner authorizing special use location);

• Obtain and submit certificate of insurance forliquor liability for the special use premises. Insuredlocation must include specific special use location.

Application/Document Submission Instructions• Deferring Payment/No Prior Application – If theapplicant chooses to defer the Special Use Permitfee OR has not previously filed a Special UsePermit application, the applicant shall email theapplication and document attachments [email protected]. Payment for a 1 daySpecial Use Permit is $100.00. Payment for 2 ormore days is $150.Payment in the above amount shall be made bycheck through the mail on or before 12/31/2020 toIllinois Liquor Control Commission, 100 W.Randolph St., Suite 7-801, Chicago, IL 60601 or300 W. Jefferson, Suite 300, Springfield, IL 62702.REFERENCE your State Liquor License Number(ex. 1A-XXXXXX) and/or your licensed businessaddress OR attach a copy of your Special UsePermit Application.

• Immediate Processing with No Payment Deferral -If the Special Use Permit applicant does not chooseto defer the license fee payment until 12/31/2020,the Applicant may apply for the Permit online inMyTaxIllinois.gov. (Option only available for licenseeswho have previously obtained a Special Use Permit).

Q. A Special Use Permit is limited to a maximum of 15days per location per year. May a Special Use Permitissued under Phase 4 of the Restore Illinois Plan beextended?

A. For any Special Use Permit issued for outdoor diningand/or drinking pursuant to Phase 3 or 4 of theRestore Illinois Plan, the fifteen day limit on SpecialUse Permits is waived until 15 days after the first dayof Phase 5 of the Restore Illinois Plan OR the lastspecial use day authorized by the Local LiquorControl Commission, whichever is first. Special UsePermit holders must cease outdoor dining and/ordrinking activity no later than the first of the abovecited days.



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Q. What is the best way for a local liquor controlcommission to extend or designate the outdoordining and/or drinking area?

A. A local liquor control commission may require a locallicensee to submit any documentation necessary toextend or designate an outdoor dining and/ordrinking area. It is highly recommended that thelocal liquor control commission:1. Review and affirmatively approve (if decided) all

extended or designated outdoor dining and/ordrinking areas.

2. Require licensees to submit a site plan and floor planclearly designating the borders of the extended ordesignated outdoor dining and/or drinking area.

3. Require the licensee to post the site plan andfloor plan on the extended or designated outdoordining and/or drinking area.

4. Require licensees to erect physical barriers likestanchions or temporary fencing around theperimeter of the extended or designated outdoordining and/or drinking area.

5. Communicate in writing to the licensee that theextended or designated outdoor dining and/ordrinking area is temporary and has a specifictermination date (e.g. at the conclusion of Phase 3or Phase 4 of the Restore Illinois Plan).

6. Any other necessary requirements, conditions,and restrictions.

Q. May I erect an overhead tent or other covered butopen physical structure to offer outdoor dining and/ordrinking per Phase 4 of the Restore Illinois Plan?

A. Yes. Tents are permissible under Phase 4requirements for Restaurants/Bars as long as thelicensee complies with the conditions of Phase 4service including:1. Tables of no more than 10 persons per group are

required to be 6 feet or more apart; 2. Occupancy for standing areas is limited to no

more than 25% of the standing occupancy area.Q. What are the hours of operation of an outdoor area

operating pursuant to Phase 4 Restaurant/Barrequirements?

A. The hours of operation for an outdoor dining and/ordrinking area are established by the Local LiquorControl Commission and enforced by local lawenforcement.

Q. I am not licensed to conduct on-premises sales(packaged only). May I offer outdoor dining and/or

drinking pursuant to Phase 4 of the Restore IllinoisPlan?

A. Outdoor dining and/or drinking is authorized only forlicense holders with the authority to conduct on–premises sales and service of alcoholic liquor. Nolicense holders with packaged sales onlyauthorization are permitted to conduct outdoordining and/or drinking.

Q. May a local liquor control commissioner designatean outdoor food and beverage consumption area tobe on government owned property?

A. 235 ILCS 5/6-15 states that “corporate authorities ofany city, village, incorporated town, township, orcounty may provide by ordinance … that alcoholicliquor may be sold or delivered in any specificallydesignated building belonging to or under thecontrol of the municipality, township, or county, or inany building located on land under the control of themunicipality, township, or county.”

Q. May a local liquor control commissioner designatean outdoor retail licensed premises to be within 100feet of a church, school, hospital, home for aged orindigent persons or veterans (or their spouses andchildren) or military or naval stations.

A. 235 ILCS 5/6-11 states that a liquor license may beissued within 100 feet of the above cited locationsunder the following conditions:1. To “places where sale of alcoholic liquors is not

the principal business carried on” (outsideChicago); OR

2. If the local liquor control commissioner “grant[s]an exemption” to the 100 foot rule prohibition “ifa local rule or ordinance authorizes the local liquorcontrol commissioner to grant that exemption.”

Q. How may I serve food and beverages if my businessdoes not have access to an outdoor seating area?



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A. Please consult your local liquor control commissionto determine if any outdoor food and beverageconsumption area could be authorized for yourestablishment.

Q. If the local liquor control commission authorizes mylicensed business to allow on-premises consumptionof food and beverages without restrictions orcontrary to the Phase 4 restaurant/bar requirements,may I permit such activity?

A. No, Phase 4 of the Restore Illinois Plan still placesrestrictions on indoor/outdoor food and beverageconsumption across the State which local law cannotoverride.

Q. Can patrons who purchase pick up meals eat thesemeals on patios, decks or other area's on licensee'sproperty?

A. Yes, if conducted according to the Phase 4 RestoreIllinois Plan related to indoor/outdoor food andbeverage consumption for restaurants/bars.

Q. If I am a liquor store that does not sell food or aconvenience store that sells food and liquor, may Iremain open during Phase 4 of the Restore IllinoisPlan?

A. Yes, all retailers may open under strict guidelinespublished by the Illinois Department of Commerceand Economic Opportunity:https://dceocovid19resources.com/assets/Restore-Illinois/businessguidelines4/retail.pdf

Q. Can on-premises or off-premises licensedestablishments accept deliveries from beer, wineand liquor wholesalers?

A. Yes, all businesses may open, accept deliveries, anddistribute products under strict guidelines published bythe Illinois Department of Commerce and EconomicOpportunity referenced as “External Interactions.”

Q. As a distiller, may I convert my business tomanufacturing hand sanitizer and continue tooperate after the Stay at Home Order?

A. Yes. A licensed distiller make manufacturer alcoholicliquor or making hand sanitizer under the conditionsset forth in this federal bulletin:https://www.fda.gov/media/136289/downloadDistillers are also required to abide by any otherrelevant state and local law.

Q. How may golf courses sell food and beverages?A. • Clubhouses should remain closed.

• Halfway houses are permissible for takeaway serviceand outdoor seating consistent with the outdoorrestaurant guidance.

• Beverage carts are permissible.• Restaurants can remain open for takeaway serviceand outdoor seating consistent with the outdoorrestaurant guidance. The indoor dining room shouldremain closed.

• Food and beverages may be purchased to beconsumed on the course.See this link for further instructions:https://www2.illinois.gov/dceo/RestoreIL_DOCS/J011328%20DCEO%20Restore%20IL%20-%20Guidelines%20-%20Golf%20restrictions%20-%20r7.pdf#search=golf

Q. May social clubs or private clubs with on-premisesliquor licenses permit the consumption of food andbeverages on the premises?

A. Yes. Indoor/outdoor food and beverage operationsshould be conducted pursuant to the DCEOGuidelines for restaurants/bars.https://dceocovid19resources.com/assets/Restore-Illinois/businessguidelines4/restaurantbars.pdfClubs may also permit 50 guests OR 50% of overallroom capacity for private events or meetingspursuant to DCEO guidelines.https://dceocovid19resources.com/assets/Restore-Illinois/businessguidelines4/meetings.pdf

Q. Can on-premises licensed establishments haveprivate meetings, private events, weddings etc.?

A. Indoor and outdoor private events and meetings arepermitted but are limited to lesser of 50 guests OR50% of overall room capacity. See DCEO link forother social event and meeting requirements:https://dceocovid19resources.com/assets/Restore-Illinois/businessguidelines4/meetings.pdf.

Q. Can on-premises licensed establishments haveprivate events if the event brings their own alcoholicbeverages?

A. Yes but the private event is limited to lesser of 50guests OR 50% of overall room capacity and only ifBYO service is permitted by the licensee and locallicensing jurisdiction.

Q. Can growlers and crowlers be sold curbside, viadrive through or via home delivery?

A. On-premises retailers and beer manufacturers thatare currently authorized to sell growlers may



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continue to do so pursuant to the conditions setforth in 235 ILCS 5/6-6.5 and temporary deliveryguidance bulletins.

Q. Can a business licensed to conduct the retail saleson the premises only, sell beer, wine and spirits inthe original package over the counter, for curbsidepickup, for drive-through service, for home delivery,or through other similar sale and delivery options?

A. Yes. Subject to local liquor commission authority andon a temporary basis, all on-premises only retailers maysell and deliver alcoholic liquor in the original packageover the counter, for curbside pickup, for drive-throughservice, and for home delivery (by retailer or 3rd partyhome delivery service). (Businesses licensed tomanufacture alcoholic liquor are temporarily authorizedto deliver alcoholic liquor in the original package).

Q. How may “to go” mixed drinks and cocktails be soldand delivered?

A. Only on-premises retailer licensees (1A licensees)may sell and deliver cocktails to go and only underthe conditions set forth in the bulletin titled: “Salesand Delivery of ‘To Go’ Mixed Drinks or Cocktails”dated June 2, 2020 and 235 ILCS 5/6-28.8. A retailerlicensee may not sell and deliver “to go” mixeddrinks or cocktails by way of a drive-through orthrough a 3rd party home delivery service.

Q. How are grocery stores affected?A. Grocery stores are not permitted to sell alcoholic

liquor for on-premises consumption unless they arelicensed for on-premises consumption. If they arelicensed for on-premises consumption, grocerystores shall follow the Phase 4 requirements forbars/restaurants. Grocery stores may continue to sellalcoholic liquor for consumption off-premise underthe retailer business guidelines.https://dceocovid19resources.com/assets/Restore-Illinois/businessguidelines4/restaurantbars.pdfhttps://dceocovid19resources.com/assets/Restore-Illinois/businessguidelines4/retail.pdf

Q. May a hotel/motel with a liquor license continue tosell food and beverages via hotel restaurant, roomservice, mini- bar or to go?

A. Yes. Hotel restaurants may provide indoor/outdoor foodand beverage consumption at licensed establishmentsper the Phase 4 restaurant/bar guidelines.https://dceocovid19resources.com/assets/RestoreIllinois/businessguidelines4/restaurantbars.pdf

Q. May a non-resident dealer or manufacturer ofalcoholic liquor sell or deliver alcoholic liquor to alicensed distributor if the distributor has not

expressly authorized such sale and delivery?A. No.Q. May a retailer return beer, wine or spirits to a

licensed distributor?A. A retailer shall not return beer, wine, and spirits to a

distributor unless under expressly authorized by theIllinois Liquor Control Act (235 ILCS 5/6- 5.5).

Q. May a brewer, class 1 brewer, class 2 brewer, class 1craft distiller, class 2 craft distiller, brew pub ordistilling pub conduct curbside delivery, homedelivery or other similar means of sale?

A. Under special temporary circumstances related tothe COVID-19 outbreak, alcoholic liquormanufacturers, brew pubs and distiller pubs maydeliver alcoholic liquor in the original package if thelicensee holds a local retail liquor license and if thelocal liquor control commission authorizes deliverysales. These license holders are not authorized to sellor deliver pre-mixed cocktails normally intended foron-premises consumption (e.g. pre-mix margaritas,sangrias). If the manufacturer does not hold a localretail license, it is not authorized to conduct retailsales of alcoholic liquor in any form. Local deliveriesonly are permitted. Shipments by way of a commoncarrier are not authorized.

Q. Can an on-premises liquor license holder allowcustomers into a premise for video gaming?

A. Yes but only pursuant to the Illinois Gaming Boardguidelines titled “Protocols for Resumption of VideoGaming Operations” (Updated June 17, 2020)https://www.igb.illinois.gov/FilesPressReleases/Updated%20Illinois%20Video%20Gaming%20Resumption%20Protocols.pdf

Q. May bars and restaurants in airports, hospitals andcollege and university dining halls permiton-premises consumption?

A. Yes. Bars and restaurants in airports, hospitals, andcollege and university dining halls should follow indoorfood and beverage requirements for bars/restaurants.https://dceocovid19resources.com/assets/Restore-Illinois/businessguidelines4/restaurantbars.pdf

Q. Can licensed caterers operate?A. Yes. Caterer services are permitted for indoor and

outdoor private events and meetings but are limitedto lesser of 50 guests OR 50% of overall roomcapacity. See DCEO link for other social event andmeeting requirements:https://dceocovid19resources.com/assets/Restore-Illinois/businessguidelines4/meetings.pdf.



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Q. Which agencies or law enforcement entities will beenforcing all the new restrictions?

A. All agencies with law enforcement authority, includingbut not limited to Illinois Liquor Control Commission,Illinois State Police, Illinois Department of PublicHealth, and Local Law Enforcement may coordinateand enforce the new restrictions as appropriate.

Q. Can I sell “cocktails to go”?A. Yes. A State of Illinois retailer licensee(1A Retailer)

may sell and deliver a mixed drink or cocktail foroff-premises consumption strictly under theconditions set forth in the bulletin titled: “Sales andDelivery of ‘To Go’ Mixed Drinks or Cocktails” datedJune 1, 2020 and 235 ILCS 5/6-28.8.Local municipalities may prohibit or further restrictthe sales and delivery of “to go” mixed drinks/cocktails. Licensed retailers should contact the localliquor control commissioner prior to engaging thesales and delivery of “to go” mixed drinks/cocktailsto ensure compliance with local law.The authorization to sell “cocktails to go” isscheduled to expire on June 2, 2021.

Q. My license has expired or will expire in the upcomingmonths. Am I required to renew my license?

A. State law automatically has extended the renewal ofyour liquor license. You will not be required to renewyour license until December 31, 2020 (unless furtherextended by future Executive Orders). IMPORTANT: If you are able to renew your licensebefore December 31, 2020, it is highlyrecommended that you renew it as soon as possiblein order to avoid administrative delays later. Youare encouraged to visit MyTaxIllinois.gov to renewyour license online. You may not receive additionalrenewal notices prior to December 31, 2020.

Q. It has been more than 30 days since I paid mydistributor for a wine and/or spirits delivery. May Icontinue to purchase wine and spirits from adistributor if I have not fully paid the debt?

A. Yes but this allowance will end on July 27, 2020.State law suspended the enforcement of the wineand spirits Delinquency List until July 27, 2020. Untilthat that time, it is not a violation of the LiquorControl Act for a distributor to sell and deliver wineand spirits to a licensed retailer who has an existingunpaid debt for a prior wine and spirits purchase anddelivery (over 30 days).

Q. Do I still need to pay the debt I owe to a distributor?

A. Yes. State law does not forgive the debt owed by aretailer to a distributor. On July 27, 2020, a retailerwho still owes a debt beyond 30 days to a distributorwill be placed on the Delinquent List again and willnot be allowed to purchase wine and spirits from anydistributor until the full debt is paid. Therefore, it ishighly recommended that a retailer pay alloutstanding wine and spirits invoices that are orwill be over 30 days due as soon as possible.

Q. If I owe a debt to a distributor, does the distributorhave to extend credit for a wine and spirits order?

A. No. A distributor may choose to sell wine and spiritsto a retailer “cash on delivery” (cash or cashequivalent like a check). If a distributor chooses toextend credit to a retailer, it shall be required toextend credit to all similarly situated retailers.Distributor criteria for extending credit to a delinquentretailer shall not be based on the volume of businesstransactions between distributor and retailer.

Q. If I have an active state liquor license but mybusiness is closed or I conduct sales and delivery foroff-premises consumption only, do I still need tomaintain liquor liability/dramshop coverage?

A. The State Commission will not issue a citation for alapse in liquor liability/dramshop coverage for closedbusinesses or businesses conducting off-premisessales and delivery only. Businesses SHALL NOT sellalcoholic liquor for consumption in any indoor oroutdoor area of the premises without maintainingactive liquor liability/dramshop coverage. Businessesthat re-open for indoor/outdoor alcohol beverageconsumption in Phase 4 of the Restore Illinois Planwithout active liquor liability/dramshop coverage willbe prosecuted.IMPORTANT: License holders must check with the localcommissioner and local ordinances to verify that locallaws do not require continued insurance coverage forclosed businesses or businesses conducting sales anddelivery for off-premises consumption only.

ILCC Liquor License Renewals

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P.A.101-0631, effective June 2, 2020, amends the Liquor Control Act of 1934, 235 ILCS 5/5-1, 5/5-5,5/5-7(new), 5/6-1 and 5/6-5 with regards to the State of Illinois Liquor License renewals. As a result ofCOVID-19 the new law allows for the automatic extension of liquor license renewals and the suspension oflate filing fees for businesses or business operations that have been suspended in any capacity due to anexecutive order issued on or after March 16, 2020 or any subsequent rule established by the Department ofPublic Health or any other agency of the State as a result of COVID-19.

1. All licenses are automatically extended through December 31, 2020.

2. No renewal fees or late fees will be charged until December 31, 2020 (Renewal will be charged if yourenew before December 31, 2020).

For licensees that require local approval, the licensee will need proof of a local liquor license (in addition toother required documents). Proof of the local license can be:

• A copy of the current unexpired license OR

• A copy of the written authorization of the local liquor control commission to extend the local licenseexpiration date.

IMPORTANT: License holders do not have to wait to renew licenses. If a license holder chooses to renewa license when it originally expires or at any time between original expiration and December 31, 2020,the license holder may renew a license online at MyTaxIllinois.gov. License holders are encouraged torenew licenses prior to December 31, 2020 in order to avoid administrative delays at the end of theyear. If licenses expire due to administrative limitations, there will be no further extensions granted. IMPORTANT: License holders may not receive an additional notice to renew licenses. Even if licenseholders do not receive an additional renewal notice, all license holders are required to renew licensesand pay license fees no later than December 31, 2020. NOTE: The dates cited above are subject to be extended if Executive Orders extend the prohibition onindoor dining and drinking.

1. Log into your MyTax Illinois account by visitingmytax.illinois.gov on the web.

2. Go to LCC under your accounts and you willneed to select the license number you renewing.

3. Click on the “Renew” link next to the licenseperiod (2021) under your license number.

4. Enter the required information and provideattachments as requested (option to addattachment in left sidebar menu). Note on thefirst page you will need to check the box in thecontact information section in order to enter youremail information you will also need to enter yourlocal liquor license and insurance information.

5. You will be required to attach supportingdocuments- look for required supportingdocuments- yellow arrow will indicate whatSupporting documents are required.

6. You can pay the license fee with an electronicdebit or MasterCard, Discover, AmericanExpress, or Visa credit card. Note: The creditcard service provider will assess a conveniencefee. (New! The credit card payment option isnow available.)

Note if paying with electronic debit make sure tocheck the box- certifying the funds on the top ofthe page.

Steps for the online renewal option:

How to Print ILCC Correspondence Letters & Licenses

10

LICENSING


Most licensed retailers know that they arerequired to pay the full invoiced amount of wine

and spirits products to their licensed distributor nolater than thirty (30) days from the product deliverydate. Many retailers may not know, however, that thelaw gives them recourse if they disagree with theamount to be paid to a distributor. The law allows aretailer to file a “bona fide dispute” with the IllinoisLiquor Control Commission (“State Commission”).More importantly, while the bona fide dispute ispending, the retailer may continue to purchase wineand spirits products from all distributors.

The Illinois Liquor Control Act (“Act”) allows alicensed distributor of wine and spirits (not beer) tosell to a licensed retailer on credit. The Act, however,limits the extension of such credit to a maximum ofthirty (30) calendar days. In other words, if adistributor delivers wine and spirits products to aretailer, the retailer shall pay the distributor no laterthan thirty (30) calendar days after the date of thedelivery of such product. If the retailer does notmake such a payment, the distributor is required bylaw to report the retailer as “delinquent.” Alldistributors are required to report such delinquenciesweekly to the Commission. The retailer is then placedon a “Delinquency List” posted by the Illinois LiquorControl Commission website every Thursday andupdated daily. All distributors of wine and spiritsmust consult the Delinquency List prior to the saleand delivery of wine and spirits to a retailer. If theretailer appears on the Delinquency List, distributorsare legally prohibited from selling wine and spirits tothe retailer on the Delinquency List as well as othercommonly owned licensed retailers.

Bona Fide DisputesA retailer placed on the Delinquency List by adistributor is not without recourse. The Act states:“A retail licensee shall not be deemed to bedelinquent in payment for any alleged sale to him ofalcoholic liquor when there exists a bona fidedispute between …” retailer and licensed distributor.235 ILCS 5/6-5 (emphasis added). The StateCommission has customarily determined that a bona

fide dispute exists when a retailer notifies the StateCommission that the retailer disagrees with thedistributor in the payment amount owed. Once theState Commission receives notification that a retaileris contesting the distributor’s final paymentdetermination, the State Commission will cause theretailer to be removed from the Delinquency List.Removal from the List will enable all distributors tocontinue to sell and deliver wine and spirits productsto the licensed retailer.

Special COVID-19 Suspension of theDelinquency ListDue to COVID-19, the Delinquency List has beensuspended for the period of June 2, 2020 until July27, 2020. As such, distributors may make sales andextend credit to those with an outstanding debt.However, beginning on July 27, 2020, theDelinquency List will be reinstated, and distributorswill be prohibited from making sales to any retailerplaced on the list. Any business that previously filed aBona-Fide dispute which has not been resolved, willneed to file a new Bona-Fide dispute upon theresumption of the Delinquency List. The ILCC haspublished detailed guidance regarding theCOVID-19 suspension of the Delinquency List whichcan be found on the ILCC website.

Delinquencies and Bona Fide Disputes

11

LEGAL


Retailers have a plethora of options when choosingproducts to serve to their consumers. Among those

options are pre-mix drinks and infusions. While these twooptions might appear to be much the same, they aredifferent. Knowing the differences is very important toensure retailers are complying with ILCC regulationsregarding these products.

First, what is a pre-mixed alcoholic beverage or “pre-mix”?While this term is not specifically defined, a pre-mix is anyconcoction containing alcoholic beverages which has beenmixed ahead of time to more quickly serve the consumer.Some examples of a pre-mix would be Vegas bombs, LongIsland Iced Tea, Bloody Marys, Jello Shots, and sangria.While this list is not exhaustive, it does provide some typicalexamples seen by our Special Agents. If a drink is mixed atthe time of the order or the pre-mixed concoction does NOTcontain alcoholic liquors, this would NOT be considered apre-mix. If the drink is a pre-mix, a retailer must comply witha few laws and/or rules. First, Rule 100.160(e) requires theretailer to comply with prohibitions against refilling found inRule 100.290(c), also found in 235 ILCS 5/6-22. This meansthat a retailer may not use an empty liquor bottle to store orserve a pre-mix. Next, Rule 100.160(e) requires that apre-mix container or system must be drained, contentsdisposed of, and thoroughly cleaned at least once per week.This means that a pre-mix may only be served for up to oneweek after being made before it must be destroyed. Aretailer can prove this is being done with a label placed onthe container or machine. That label should contain the datethe pre-mix was made (i.e., “production date”) and thealcoholic liquor(s) contained therein. If a container ormachine is not labeled, it is assumed that the product is morethan one week old and must be destroyed. Additionally,retailers must maintain a cleaning log for mechanical systemssuch as, but not limited to, frozen margarita machines usedfor the service of pre-mix. This log must contain the date ofthe cleaning(s) and the signature of the person who

performed the cleaning, exactly like the requirements for adraught system cleaning log.

Next, what is an “infusion”? By definition (see 235 ILCS5/6-22.5), an infusion is “a spirit where ingredients,including but not limited to, fruits, spices, or nuts, areadded to naturally infuse flavor into the spirit.” Thisdefinition provides a very important distinction between aninfusion and a pre-mix – an infusion may only be made froma single distilled spirit. An example would be fruit-infusedvodka, which could be made by placing fresh peaches intoa sanitary container of vodka. If the mixture is based on anyother type of alcoholic liquor, such as wine, it cannot beconsidered an infusion. As a result, any type of pre-mixedalcoholic beverage that does not meet this definition will beconsidered a pre-mix and must comply with thoserequirements. The statute also provides specificrequirements for compliance. First, the infusion must bemixed and stored on the licensed premises. A licensee maynot mix it at home and bring it back to the business.Second, the infusion container is required to have a lid andbe in sanitary conditions. Third, the infusion cannot beaged more than 14 days. Aging is considered the timebetween production and service to the consumer where thespirit is infused with the natural flavor of the ingredients.Fourth, the infusion must be used or destroyed within 21after ending the aging process. Fifth, the licensee mustmaintain cleaning records for all containers used to storethe infusion(s). Finally, the infusion container must contain alabel with the following pieces of information: productiondate of the infusion, the base spirit of the infusion, the datethe infusion will end the aging process, and the date bywhich the infusion must be destroyed.

This topic can be very confusing, so we’ve including areference chart below to compare pre-mixes withinfusions. Should you have any further questions, pleasefeel free to contact our office.

What’s the Mix-up? Pre-mix vs. Infusion

12

ENFORCEMENT


Alcoholic liquors usedMust be made and storedon premises?Can be served from emptyalcoholic liquor bottlesAmount of time for agingAmount of time can be usedbefore destruction requiredCleaning log requiredLabel required?Label information required?

Any type and number of alcoholic liquorsYES

NO

None7 days

Only for mechanical systemsYESDate of production and alcoholic liquorsused

A singled distilled spirtYES

NO

No more than 14 days after production21 days after ending the aging process

Yes for all infusion containersYES1. Date of production;2. Base spirit;3. Date aging ended [not more than 14 days

after #1); and4. Date by which product must be destroyed

[not more than 21 days after #3)

Pre-mix Infusion

April is designated "NationalAlcohol Awareness Month," a

time to increase public awarenessand understanding, reduce stigmaand encourage local communitiesto focus on alcohol andalcohol-related issues andconsequences. The ILCC hosted awebinar on April 22nd titled,ALCOHOLISM AND THE BAR:ETHICAL CONSIDERATIONS FORLAWYERS. Alcoholism ratesamong practicing attorneys runtwice the national average. Suchproblems can lead to disciplinaryaction, including license suspensionand revocation. Under theAmended Supreme Court Rule794(d), Illinois attorneys arerequired to take one hour of mentalhealth and substance abuse CLE aspart of their six-hour professionalresponsibility requirement. OurApril 22nd webinar was approvedfor 1.0 hours of professionalresponsibility credit.

On June 23rd, the ILCC hosted a2nd webinar titled, Social Host Lawin Illinois. National surveys haveshown that most underage access

to alcohol comes from of-agefamily and friends. This is wheresocial host liability can play a rolein preventing underage drinking.Social host liability laws hold adultsresponsible for alcohol served tounderage individuals (those under21) on the adult’s property. JodyHeavilin, from the Prevention FirstAlcohol Policy Resource Center,

provided background research andthe Illinois Youth Survey resultssupporting social host ordinances.ILCC General Counsel PamelaPaziotopoulos went over the Drugor Alcohol Impaired MinorResponsibility Act (DAIMRA), Illinois’social host law. Both webinarswere recorded and posted to theILCC YouTube Channel.

Industry Education

13

INDUSTRY EDUCATION


Community News & Events COMMUNITY

Chairman Cynthia Berg and Commissioners ThomasGibbons, Patricia Pulido Sanchez, Melody Spann Cooper,Julieta LaMalfa, Donald G. O'Connell and recent appointeeSteven M. Powell. Steve was appointed January 21, 2020and this was his first board meeting. The next boardmeeting will be held online July 16, 2020.

ILCC Welcomes Commissioner PowellThe Illinois Liquor Control Commission would like towelcome Commissioner Powell to the Board. ChairPowell was nominated by Governor Pritzker on January21, 2020. Powell is the President of UFCW Local 881and serves as Vice-President of the InternationalExecutive Board. He also holds positions with the UFCWMidwest Health Benefits Fund (Trustee) and Chairs theIndiana Calumet River Region Health and Welfare Fund,and the UFCW Local 655 Health and Welfare Fund(Trustee). We at the ILCC look forward to Chair Powell’sleadership on the Committee.

Community News & Events

14

COMMUNITY


ILCC joined the PreventingAlcohol Abuse in ChicagoTeens (PAACT) coalition ina Social Media Takeover.PAACT is a multi-agencycoalition convened by LurieChildren’s to address theprevention of alcohol useamong 8th – 12th gradersin the City of Chicago.

ILCC shared educationalmaterials regarding

underage drinking preventionwith staffers from offices of

the Illinois General Assembly: 21st Senate district, 42nd Senate district,

45th Representative district,77th Representative district

and the 49th Representative district.

3rd Annual Prom &College Expo atJulian HS in Chicago.Distributed CollegeParent's Guide onUnderage Drinkingand Alcoholpoisoning brochuresto parents.

Celebrated 86 Years ofthe Liquor Control Actof 1934, whichestablished athree-tier systemdesigned to regulatethe way alcohol is

manufactured,distributed, and sold.

Project Sticker Shockasks adults to helpprevent underagedrinking. StevensonHigh School studentsCarson Ezell, left, andRebekah Jin, right,pose with the assistantmanager at SunsetFoods as theydropped off materialsfor this year’s RegionalSticker Shock event onJune 19. (Courtesy ofCarson Ezell)

Illinois Wine Grape Growers and Vintners Alliance Conference (February 24-25)

by Lee J. Roupas, ILCC BASSET Program Manager

The alcoholic beverage industry is classified as ahigh-risk industry. Not only is it a high risk for

investors on the business aspect but more of a risk forlegal ramifications that involve injuries, propertydamage, and deaths as a result of alcohol over serviceor negligence.

If a business does not have a plan for risk managementin place there is the likelihood of facing fines,suspension/revocation of a liquor license, or lawsuits.

The first step is to have not only staff trained in riskmanagement and alcohol server training, but ownersand managers should be trained and educated toenact policies and procedures for everyone in thebusiness to follow. To ensure employees understandactions that must be taken to prevent risks everybusiness should have an employee handbookavailable. To communicate the policies andprocedures are best done at employee orientationsand staff meetings. Every business should haveemployee handbooks distributed with house policiesand procedures to communicate what is expectedand what risks need to be prevented and managed.

Staff must be educated on the type of risks, identifypotential incidents, and be prepared to respond tothe risks that they can encounter. Here are somecommon types of risk that liquor servingestablishments face:

Types of Risks• Thefts• Violence• Unruly patrons• Floor hazards – slippery floors, broken glass,falls, etc.

• Broken glass injuries• Fake IDs/underage drinking• Third part liability• Food and Liquor bottles contaminated• Fire hazards• Blocked exits• Quality of life issues in the surroundingneighborhood

• Counterfeit money

Recommendations to Control Risks• Identify potential problem drinkers.• Anticipate potential incidents that occur duringpeak hours, last call, and closing hours.

• Communicate constantly with staff and patronsas much as possible.

• Have “floaters” canvassing the establishment.• Place cameras in places that can film the insideand outside of the establishment.

• Put signage for slippery floors after an area hasbeen mopped.

• Examine and check productive inventory to spotany contaminated products.

• Adhere to server training by spotting signs ofintoxication, behavioral cues, and intervene toprevent further service of alcohol.

• Offer to food, or offer a cab, ride share, or afamily member to pick up an impaired customer.

• Have a plan of action for each potential risk.• Have proper lighting at the entrance way andaround the premises.

• Place fire extinguishers and AED devices at theestablishment where every staff member knowthe location.

• Post an emergency evacuation plan and preventblocked exits.

Customer safety and controlling risks is a major key inthe longevity of alcohol serving establishments. It canalso create the necessary goodwill in the communityto maintain a good quality of life in the community.

Controlling Risk

15

BASSET


BASSET Training Required for Alcohol “To Go” and DeliveryTo keep businesses running and staff employed Public Act 101-0631 was passedto allow on-premise establishments (bars and restaurants), to sell cocktails “togo”, for takeout and delivery.

Along with this new mandate,Beverage Alcohol Sellers andServers Education and Training(BASSET) is required for thecurbside and delivery sales toprevent illegal sales of alcoholeither to a minor or intoxicatedperson. Under this law thirdparty delivery companies areprohibited to deliver cocktails ormixed drinks.

By including BASSET training in this act, BASSET certified employees must utilizethe techniques in training to ensure proper carding techniques are utilized,handle refusal situations when necessary, and avoid third party sales and liability.

For BASSET training information go to the ILCC website and click on theBASSET training class directory at https://www2.illinois.gov/ilcc/Education/Pages/BASSET/Training-Class-Directory.aspx to sign up for a BASSET class.

New BASSET Email Address – The email address tosubmit your student rosters and post your classschedules has changed. Please send your rosters andclass schedules to the new BASSET email address [email protected]

BASSET Certification Renewals/ Expiration – Pleaseinform your students and put on your website whentheir BASSET CERTIFICATION expires in three years,THEY WILL HAVE TO TAKE THE COURSE AGAIN TORENEW and GET RECERTIFIED. BASSET License Renewals – The ILCC no longer sendsrenewal applications, instead you will receive an emailwhen you BASSET license is expired and time to renewto teach your courses.

Renew Your BASSET License Online – You can renewyour BASSET license online at mytaxillinois.com. Byrenewing online, you will save $50 on your licenserenewal from $350 to $300.

Online Providers – Please make sure you have a helplineor customer service email address in the event participantshave technical difficulty or questions you will be available.

BASSET Rosters – Make sure students includeapartment numbers or suite numbers for businesses.

BASSET Providers – If you receive calls for lost BASSETcards, give your student their student numbers thendirect them to the ILCC website to print them offhttps://www2.illinois.gov/ilcc/Education/SitePages/BASSETCard.aspx

BASSET Issues and Information

16

MATERIALS & BULLETINS


100 West Randolph StreetSuite 7-801

Chicago, IL 60601

JB PritzkerGovernor

Cynthia BergChairman

Thomas GibbonsPatricia Pulido SanchezMelody Spann Cooper

Julieta LaMalfaDonald G. O'Connell

Steven PowellCommissioners

Order FREE Illinois Liquor ControlCommission materials!

FREE Illinois Liquor Control Commission materials areavailable to all licensees. For free ILCC signage, posters,

and door/cooler decals click on the link below.https://www2.illinois.gov/ilcc/Pages/Order-Signage.aspx

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