(a) For purposes of this section and subsection (d) of Section 4-60-080, the following definitions shall apply:
"Cocktail" means any: (i) single serving of wine or (ii) beverage obtained by combining ingredients alcoholic in nature, whether brewed, fermented, or distilled, with ingredients nonalcoholic in nature, such as fruit juice, lemonade, cream, or a carbonated beverage.
"Original container" means a container that is filled, scaled, and secured by a retail licensee's employee at the retail licensee's location with a tamper-evident lid or cap.
"Retail licensee" means the holder of a "consumption on premises – incidental activity license" or a "tavern license", but does not include the holder of a "package goods license", as these terms are defined in Section 4-60-010 of the Code.
"Sealed container" means a rigid container that contains a cocktail, 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" 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) If expressly allowed under applicable State of Illinois law, a retail licensee may sell a cocktail placed in a sealed container by the retail licensee at the retail licensee's location for off-premises consumption if the following requirements are met:
(1) the cocktail 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 of the Liquor Control Act of 1934, codified at 235 ILCS 5/6-27.1, at the time of the sal*
* Editor's note – As set forth in Coun. J. 6-25-21, p. 31925, Art. IV, § 10. Future legislation will correct the provision if needed.
(B) is at least 21 years of age; and
(C) upon delivery, verifies the age of the person to whom the cocktail 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 the cocktail 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) the sealed container shall be affixed with a label or tag that contains the following information:
(A) the type of, name of, and ingredients in the cocktail;
(B) the name, license number, and address of the retail licensee that filled the original container and sold the cocktail;
(C) the volume of the cocktail; and
(D) the scaled container was filled less than 7 days before the date of sale.
(c) Third-party delivery services are not permitted to deliver cocktails under this Section.
(d) Delivery or carry out of a cocktail is prohibited if:
(1) a third party delivers the cocktail;
(2) a container of a cocktail is not tamper-evident and sealed;
(3) a container of a cocktail is transported in the passenger area of a vehicle;
(4) a cocktail is delivered by a person or to a person who is under the age of 21; or
(5) the person delivering a cocktail fails to verify the age of the person to whom the cocktail is being delivered.
(e) The Local Liquor Control Commissioner shall have the authority to promulgate rules for the proper administration and enforcement of this Section.
(Added Coun. J. 6-25-21, p. 31925, Art. IV, § 10)