(A) In this section:
COCKTAIL or MIXED DRINK means any beverage obtained by combining ingredients alcoholic in nature, whether brewed, fermented, or distilled, with ingredients non-alcoholic in nature, such as fruit juice, lemonade, cream, or a carbonated beverage.
ORIGINAL CONTAINER means, for the purposes of this section only, a container that is (i) filled, sealed, and secured by a retail licensee’s employee at the retail licensee’s location with a tamper-evident lid or cap, or (ii) filled and labeled by the manufacturer and secured by the manufacturer’s unbroken seal.
SEALED CONTAINER means a rigid container that contains a mixed drink or single serving of wine, is new, has never been used, has a secured lid or cap designed to prevent consumption without removal of the lid or cap, and is tamper-evident. SEALED CONTAINER includes a manufacturer’s original container as defined in this subsection. SEALED CONTAINER does not include a container with a lid with sipping holes or openings for straws or a container made of plastic, paper, or polystyrene foam.
TAMPER-EVIDENT means a lid or cap that has been sealed with tamper-evident covers, including, but not limited to, wax dip or heat shrink wrap.
(B) A cocktail, mixed drink or single serving of wine placed in a sealed container by a retail licensee at the retail licensee’s location may be transferred and sold for off-premises consumption if the following requirements are met:
(1) The cocktail, mixed drink or single serving of wine is transferred within the licensed premises, by a curbside pickup, or by delivery by an employee of the retail licensee who:
(a) Has been trained in accordance with Section 6-27.1 at the time of the sale;
(b) Is at least 21 years of age; and
(c) Upon delivery, verifies the age of the person to whom the cocktail, mixed drink or single serving of wine is being delivered;
(2) If the employee delivering the cocktail is not able to safely verify a person’s age or level of intoxication upon delivery, the employee shall cancel the sale of alcohol and return the product to the retail license holder;
(3) The sealed container is placed in the trunk of the vehicle or if there is no trunk, in the vehicle’s rear compartment that is not readily accessible to the passenger area;
(4) Except for a manufacturer’s original container, a container filled and sealed at a retail licensee’s location shall be affixed with a label or tag that contains the following information:
(a) The cocktail or mixed drink ingredients, type, and name of the alcohol;
(b) The name, license number, and address of the retail licensee that filled the original container and sold the product;
(c) The volume of the cocktail, mixed drink or single serving of wine in the sealed container; and
(d) The sealed container was filled less than seven days before the date of sale.
(C) Third-party delivery services are not permitted to deliver cocktails, mixed drinks or single servings of wine under this section.
(D) Delivery or carry out of a cocktail, mixed drink or single serving of wine is prohibited if:
(1) A third party delivers the cocktail or mixed drink;
(2) A container of a mixed drink or cocktail is not tamper-evident and sealed;
(3) A container of a cocktail, mixed drink or single serving of wine is transported in the passenger area of a vehicle;
(4) A cocktail, mixed drink or single serving of wine is delivered by a person or to a person who is under the age of 21; or
(5) The person delivering a cocktail, mixed drink or single serving of wine fails to verify the age of the person to whom the cocktail, mixed drink or single serving of wine is being delivered.
(E) Violations of this section shall be subject to any applicable penalties, including, but not limited to, the penalties specified under § 11-502 of the Illinois Vehicle Code.
(F) This section is repealed on January 3, 2024.
(G) This section shall apply to all Class A, B and H licenses and those Class K licenses which have a license permitting such sales issued by the State of Illinois.
(Ord. 2078, passed 2-7-22; Am. Ord. 2104, passed 12-5-22)