SPECIAL ALERT
JULY 20, 2015
HAPPY HOURS, INFUSIONS AND OPEN BAR…
MAJOR CHANGES TO THE ILLINOIS LIQUOR CONTROL
ACT APPROVED BY THE GOVERNOR
Authored by:
Jeffrey M. Stein
Partner in the
Chicago Office
QUESTIONS?
Contact us.
Jeffrey M. Stein
Partner, Chicago Office
312.627.4022
jstein@tresslerllp.com
On July 15, 2015, Public Acts 099-0046 and 099-0047 were signed into law. Those Public Acts amended
the Liquor Control Act, 235 ILCS 5/1 et. Seq. (the “Act”) by creating new provisions in the Act that define
and regulate Happy Hours, open bar events, the use of “infusions,” and training requirements for servers.
While the statute now authorizes and regulates certain activities, it is important to note that local
regulations may remain in place or be created if they are more restrictive than those provisions found
in the Act. Therefore, it is up to your local municipality to determine if these new regulations are to be
adopted in your community.
Happy Hours Are Here Again!
Prior to 1989, Illinois was the land of Happy Hours.
Special pricing for particular drinks during a certain
portion of the day (usually after work on a weekday)
was an often used marketing strategy for bars and
restaurants serving alcoholic beverages. However, in
1989, the Illinois General Assembly did away with Happy
Hours and mandated that all pricing of drinks remain
the same for the day, from open until close. Now, the
Act allows for Happy Hours once again, but in a much
more limited manner than those pre-1989 Happy Hours.
Now, the Act allows for discounted drink specials
during a specific time period if:
a. the price of the drink remains the same
price during the entire discount time;
b. discount time does not exceed 4 hours
per day and 15 hours per week;
c. discount time is not between 10:00 p.m.;
and closing time;
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d. notice of the discount is on the
establishment’s website at least 7 days
prior to the discount time.
The previous 1989 practice of “2-for-1s” or offering more
than one drink for the price of one is still prohibited by
the Act. The Act now expressly authorizes the selling
of pitchers, buckets, carafes or bottles, a common
practice already instituted among establishments.
Excuse Me; I Do Not See Your Name on the List.
“Open bar” packages were allowed as “private
functions,” whereby patrons could pay a flat rate for
an unlimited amount of alcoholic beverages for a given
time period. These events, per statute, were to be for
“private functions not open to the general public” only.
Such restrictions were loosely enforced as they were
loosely defined. Part of the ease of letting patrons
participate in “open bar” packages was that there were
no restrictions on the time such events could last (it
was just restricted as a “set period of time”), and there
was also no requirement that a “private” event be held
in a private space away from the general public.
The Act is now more restrictive regarding open bar
packages. Open bar is now allowed for the newly
defined term “party package” events. Specifically, a
“party package” means a private party, function, or
event for a specific social or business occasion – either
arranged by invitation or reservation for a defined
number of individuals that is not open to the general
public and where attendees are served both food and
alcohol for a fixed price in a dedicated event space.
Party packages can only be offered if the licensee:
a. offers food (free food is allowed) in the
private room/space where the event is held;
b. limits the event to 3 hours;
c. provides identification to event patrons
(i.e., wristbands, lanyards, shirts); and
d. excludes the general public.
Is That Dust in the Pineapple Infused Vodka?
Bars and restaurants follow trends. One trend is the use
of infused spirits. Infused spirits was an unregulated
practice until now. The Act now defines “infusions”
as spirits where ingredients including, but not limited
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HAPPY HOURS, INFUSIONS AND OPEN BAR…MAJOR CHANGES TO THE ILLINOIS
LIQUOR CONTROL ACT APPROVED BY THE GOVERNOR
(Continued...)
Continued from Page 1
to fruits, spices, or nuts, are added to naturally infuse
flavor into the spirit. Infusions are still allowed to be
created, prepared and served at an establishment;
however, they must comply with the following
requirements:
a. the infusion must be mixed and stored on
the premises;
b. infusion containers must have a lid and
be kept in a sanitary condition;
c. the “aging” of the infusion cannot exceed
14 days;
d. the infusion must be used or destroyed
by the 21st day after the end of its aging
process (the life of any infusion cannot
exceed 35 days);
e.records showing the cleaning of the
container must be kept and available for
inspection by the State Commission (and
local commission if the local ordinances
require it);
BASSET Training for All.
In March 2015, Tressler issued a Special Alert describing
the change to the Act that mandated Beverage Alcohol
Sellers/Servers Education & Training (BASSET) for
all “alcohol servers” located in Cook County. That
requirement has now been extended to all alcohol
servers throughout the state.
CLICK HERE to read the March 2015 Special Alert.
Moving Forward.
These new regulations apply to all retail licensees
in Illinois. As stated earlier, local regulation may be
more restrictive or can mirror the state requirements.
Should your community desire to allow Happy Hours
and private package events, we recommend that you
contact your municipal attorney or one of Tressler’s
government attorneys to help draft an amendment to
your current municipal code.
f. the container must be labeled indicating
the infusion’s:
•
•
•
•
production date;
base spirit;
date the aging will finish; and
date of destruction.
QUESTIONS? Contact us.
Jeffrey M. Stein: Partner, Chicago Office, 312.627.4022 | jstein@tresslerllp.com
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This alert is for general information only and is not intended to provide and should not be relied upon for legal advice in any particular
circumstance or fact situation. The reader is advised to consult with an attorney to address any particular circumstance or fact situation.
The opinions expressed in this alert are those of the author and not necessarily those of Tressler LLP or its clients. This alert or some of
its content may be considered advertising under the applicable rules of the Supreme Court of Illinois, the courts in New York and those in
certain other states. For purposes of compliance with New York State Bar rules, our headquarters are Tressler LLP, 233 S Wacker Drive,
22nd Floor, Chicago, IL 60606, 312.627.4000. Prior results described herein do not guarantee a similar outcome. The information
contained in this newsletter may or may not reflect the most current legal developments. The articles are not updated subsequent to
their inclusion in the newsletter when published. | Copyright © 2015
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