A. The words and phrases herein defined are used in this Section in the sense given them in the following definitions:
ALCOHOLIC BEVERAGE: As defined in Sec. 3-3-2 in this Chapter.
COCKTAIL or MIXED DRINK: 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:
1. A container that is filled, sealed, and secured by a retail licensee's employee at the retail licensee's location with a tamper-evident lid or cap, or;
2. A container filled and labeled by the manufacturer and secured by the manufacturer's seal unbroken.
SEALED CONTAINER: a rigid container that contains a mixed drink or a 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: 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 or an alcoholic beverage in the manufacturer's original container may be transferred and sold for off-premises consumption if the following requirements are met:
1. The licensee holds a Class M liquor license from the Village of Shorewood.
2. The cocktail, mixed drink or single serving of wine or an alcoholic beverage in the manufacturer's original container 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 Illinois Compiled Statues (235 ILCS 5/6-27.1) with respect to responsible alcohol server training 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 or an alcoholic beverage in the manufacturer's original container is being delivered.
3. If the employee delivering the cocktail, mixed drink or single serving of wine or an alcoholic beverage in the manufacturer's original container, 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.
4. 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.
5. Except for a manufacture's original container, a container fixed 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 7 days before the date of sale.
6. A manufacture's original container shall be affixed with a label or tag that contained the name, license number and address of the licensee that sold the product.
C. Third-party delivery services are not permitted to deliver cocktails and mixed drinks or an alcoholic beverage in the manufacturer's original container, under this Section.
D. Delivery or carry out of a cocktail, mixed drink or single serving of wine or an alcoholic beverage in the manufacturer's original container is prohibited if:
1. A third party delivers the cocktail, mixed drink or single serving of wine or an alcoholic beverage in the manufacturer's original container;
2. A container of a cocktail, mixed drink or single serving of wine 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. The cocktail, mixed drink or single serving of wine or an alcoholic beverage in the manufacturer's original container is delivered by a person or to a person who is under the age of 21;
5. The person delivering a cocktail, mixed drink or single serving of wine or an alcoholic beverage in the manufacturer's original container fails to verify the age of the person to whom the cocktail, mixed drink or single serving of wine or an alcoholic beverage in the manufacturer's original container is being delivered;
6. The licensee does not possess the State Liquor License required to allow delivery or carry out; or
7. The licensee does not possess a Class M Liquor License from the Village of Shorewood.
E. Violations of this Section shall be subject to any applicable penalties, under the Village code, including, but not limited to, the penalties specified under Section 11-502 of the Vehicle Code.
F. Delivery of alcoholic beverages is not authorized where prohibited by law.
G. This Section is repealed on January 3, 2024, unless extended by the State. (Ord. 22-2033, 1-25-2022)