(A) A cocktail or mixed drink 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 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 § 6-27.1 of the Liquor Control Act of 1934, ILCS Ch. 235, Act 5, § 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 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) The sealed container 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 or mixed drink in the sealed container; and
(d) The sealed container was filled less than seven days before the date of sale.
(B) Third-party delivery services are not permitted to deliver cocktails and mixed drinks under this section.
(C) If there is an executive order of the Governor or of the Mayor or an order of the Illinois Department of Public Health or the DuPage County Health Department in effect during a disaster, the employee delivering the mixed drink or cocktail must comply with any requirements of that executive order or order, including, but not limited to, wearing gloves and a mask and maintaining distancing requirements when interacting with the public.
(D) Delivery or carry out of a cocktail or mixed drink 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 mixed drink or cocktail is transported in the passenger area of a vehicle;
(4) A mixed drink or cocktail is delivered by a person or to a person who is under the age of 21; or
(5) The person delivering a mixed drink or cocktail fails to verify the age of the person to whom the mixed drink or cocktail is being delivered.
(E) This section is an additional exception to the prohibition on transporting, carrying, possessing, or having any liquor in or upon or about any motor vehicle upon any public way in the city as set forth in § 111.036 of this code.
(F) This section shall be repealed of its own accord, without further action of the City Council, upon the repeal of § 6/28.8 of the Liquor Control Act of 1934, ILCS Ch. 235, Act 6, § 28.8.
(Ord. 20-30, passed 8-11-20; Am. Ord. 20-41, passed 10-27-20)