104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2052 Introduced 2/6/2025, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED: 235 ILCS 5/6-28.8 Amends the Liquor Control Act of 1934. Removes language repealing a provision concerning the delivery and carry out of mixed drinks on August 1, 2028. Effective immediately. LRB104 12132 RPS 22231 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2052 Introduced 2/6/2025, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED: 235 ILCS 5/6-28.8 235 ILCS 5/6-28.8 Amends the Liquor Control Act of 1934. Removes language repealing a provision concerning the delivery and carry out of mixed drinks on August 1, 2028. Effective immediately. LRB104 12132 RPS 22231 b LRB104 12132 RPS 22231 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2052 Introduced 2/6/2025, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
235 ILCS 5/6-28.8 235 ILCS 5/6-28.8
235 ILCS 5/6-28.8
Amends the Liquor Control Act of 1934. Removes language repealing a provision concerning the delivery and carry out of mixed drinks on August 1, 2028. Effective immediately.
LRB104 12132 RPS 22231 b LRB104 12132 RPS 22231 b
LRB104 12132 RPS 22231 b
A BILL FOR
SB2052LRB104 12132 RPS 22231 b SB2052 LRB104 12132 RPS 22231 b
SB2052 LRB104 12132 RPS 22231 b
1 AN ACT concerning liquor.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Liquor Control Act of 1934 is amended by
5 changing Section 6-28.8 as follows:
6 (235 ILCS 5/6-28.8)
7 (Section scheduled to be repealed on August 1, 2028)
8 Sec. 6-28.8. Delivery and carry out of mixed drinks
9 permitted.
10 (a) In this Section:
11 "Cocktail" or "mixed drink" means any beverage obtained by
12 combining ingredients alcoholic in nature, whether brewed,
13 fermented, or distilled, with ingredients non-alcoholic in
14 nature, such as fruit juice, lemonade, cream, or a carbonated
15 beverage.
16 "Original container" means, for the purposes of this
17 Section only, a container that is (i) filled, sealed, and
18 secured by a retail licensee's employee at the retail
19 licensee's location with a tamper-evident lid or cap or (ii)
20 filled and labeled by the manufacturer and secured by the
21 manufacturer's original unbroken seal.
22 "Sealed container" means a rigid container that contains a
23 mixed drink or a single serving of wine, is new, has never been
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2052 Introduced 2/6/2025, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
235 ILCS 5/6-28.8 235 ILCS 5/6-28.8
235 ILCS 5/6-28.8
Amends the Liquor Control Act of 1934. Removes language repealing a provision concerning the delivery and carry out of mixed drinks on August 1, 2028. Effective immediately.
LRB104 12132 RPS 22231 b LRB104 12132 RPS 22231 b
LRB104 12132 RPS 22231 b
A BILL FOR
235 ILCS 5/6-28.8
LRB104 12132 RPS 22231 b
SB2052 LRB104 12132 RPS 22231 b
SB2052- 2 -LRB104 12132 RPS 22231 b SB2052 - 2 - LRB104 12132 RPS 22231 b
SB2052 - 2 - LRB104 12132 RPS 22231 b
1 used, has a secured lid or cap designed to prevent consumption
2 without removal of the lid or cap, and is tamper-evident.
3 "Sealed container" includes a manufacturer's original
4 container as defined in this subsection. "Sealed container"
5 does not include a container with a lid with sipping holes or
6 openings for straws or a container made of plastic, paper, or
7 polystyrene foam.
8 "Tamper-evident" means a lid or cap that has been sealed
9 with tamper-evident covers, including, but not limited to, wax
10 dip or heat shrink wrap.
11 (b) A cocktail, mixed drink, or single serving of wine
12 placed in a sealed container by a retail licensee at the retail
13 licensee's location or a manufacturer's original container may
14 be transferred and sold for off-premises consumption if the
15 following requirements are met:
16 (1) the cocktail, mixed drink, or single serving of
17 wine is transferred within the licensed premises, by a
18 curbside pickup, or by delivery by an employee of the
19 retail licensee who:
20 (A) has been trained in accordance with Section
21 6-27.1 at the time of the sale;
22 (B) is at least 21 years of age; and
23 (C) upon delivery, verifies the age of the person
24 to whom the cocktail, mixed drink, or single serving
25 of wine is being delivered;
26 (2) if the employee delivering the cocktail, mixed
SB2052 - 2 - LRB104 12132 RPS 22231 b
SB2052- 3 -LRB104 12132 RPS 22231 b SB2052 - 3 - LRB104 12132 RPS 22231 b
SB2052 - 3 - LRB104 12132 RPS 22231 b
1 drink, or single serving of wine is not able to safely
2 verify a person's age or level of intoxication upon
3 delivery, the employee shall cancel the sale of alcohol
4 and return the product to the retail license holder;
5 (3) the sealed container is placed in the trunk of the
6 vehicle or if there is no trunk, in the vehicle's rear
7 compartment that is not readily accessible to the
8 passenger area;
9 (4) except for a manufacturer's original container, a
10 container filled and sealed at a retail licensee's
11 location shall be affixed with a label or tag that
12 contains the following information:
13 (A) the cocktail or mixed drink ingredients, type,
14 and name of the alcohol;
15 (B) the name, license number, and address of the
16 retail licensee that filled the original container and
17 sold the product;
18 (C) the volume of the cocktail, mixed drink, or
19 single serving of wine in the sealed container; and
20 (D) the sealed container was filled less than 7
21 days before the date of sale; and
22 (5) a manufacturer's original container shall be
23 affixed with a label or tag that contains the name,
24 license number, and address of the retail licensee that
25 sold the product.
26 (c) Third-party delivery services are not permitted to
SB2052 - 3 - LRB104 12132 RPS 22231 b
SB2052- 4 -LRB104 12132 RPS 22231 b SB2052 - 4 - LRB104 12132 RPS 22231 b
SB2052 - 4 - LRB104 12132 RPS 22231 b
1 deliver cocktails and mixed drinks under this Section.
2 (d) If there is an executive order of the Governor in
3 effect during a disaster, the employee delivering the mixed
4 drink, cocktail, or single serving of wine must comply with
5 any requirements of that executive order, including, but not
6 limited to, wearing gloves and a mask and maintaining
7 distancing requirements when interacting with the public.
8 (e) Delivery or carry out of a cocktail, mixed drink, or
9 single serving of wine is prohibited if:
10 (1) a third party delivers the cocktail or mixed
11 drink;
12 (2) a container of a mixed drink, cocktail, or single
13 serving of wine is not tamper-evident and sealed;
14 (3) a container of a mixed drink, cocktail, or single
15 serving of wine is transported in the passenger area of a
16 vehicle;
17 (4) a mixed drink, cocktail, or single serving of wine
18 is delivered by a person or to a person who is under the
19 age of 21; or
20 (5) the person delivering a mixed drink, cocktail, or
21 single serving of wine fails to verify the age of the
22 person to whom the mixed drink or cocktail is being
23 delivered.
24 (f) Violations of this Section shall be subject to any
25 applicable penalties, including, but not limited to, the
26 penalties specified under Section 11-502 of the Illinois
SB2052 - 4 - LRB104 12132 RPS 22231 b
SB2052- 5 -LRB104 12132 RPS 22231 b SB2052 - 5 - LRB104 12132 RPS 22231 b
SB2052 - 5 - LRB104 12132 RPS 22231 b
1 Vehicle Code.
2 (f-5) This Section is not intended to prohibit or preempt
3 the ability of a brew pub, tap room, or distilling pub to
4 continue to temporarily deliver alcoholic liquor pursuant to
5 guidance issued by the State Commission on March 19, 2020
6 entitled "Illinois Liquor Control Commission, COVID-19 Related
7 Actions, Guidance on Temporary Delivery of Alcoholic Liquor".
8 This Section shall only grant authorization to holders of
9 State of Illinois retail liquor licenses but not to licensees
10 that simultaneously hold any licensure or privilege to
11 manufacture alcoholic liquors within or outside of the State
12 of Illinois.
13 (g) This Section is not a denial or limitation of home rule
14 powers and functions under Section 6 of Article VII of the
15 Illinois Constitution.
16 (h) This Section is repealed on August 1, 2028.
17 (Source: P.A. 102-8, eff. 6-2-21; 103-4, eff. 5-31-23.)
SB2052 - 5 - LRB104 12132 RPS 22231 b