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| [ Senate Amendment 001 ] |
90_HB0903ham001
LRB9000875LDmgam
1 AMENDMENT TO HOUSE BILL 903
2 AMENDMENT NO. . Amend House Bill 903 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Liquor Control Act of 1934 is amended by
5 changing Section 6-6 as follows:
6 (235 ILCS 5/6-6) (from Ch. 43, par. 123)
7 Sec. 6-6. Except as otherwise provided in this Act no
8 manufacturer or distributor or importing distributor shall,
9 directly, or indirectly, sell, supply, furnish, give or pay
10 for, or loan or lease, any furnishing, fixture or equipment
11 on the premises of a place of business of another licensee
12 authorized under this Act to sell alcoholic liquor at retail,
13 either for consumption on or off the premises, nor shall he
14 or she, directly or indirectly, pay for any such license, or
15 advance, furnish, lend or give money for payment of such
16 license, or purchase or become the owner of any note,
17 mortgage, or other evidence of indebtedness of such licensee
18 or any form of security therefor, nor shall such
19 manufacturer, or distributor, or importing distributor,
20 directly or indirectly, be interested in the ownership,
21 conduct or operation of the business of any licensee
22 authorized to sell alcoholic liquor at retail, nor shall any
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1 manufacturer, or distributor, or importing distributor be
2 interested directly or indirectly or as owner or part owner
3 of said premises or as lessee or lessor thereof, in any
4 premises upon which alcoholic liquor is sold at retail.
5 No manufacturer or distributor or importing distributor
6 shall, directly or indirectly or through a subsidiary or
7 affiliate, or by any officer, director or firm of such
8 manufacturer, distributor or importing distributor, furnish,
9 give, lend or rent, install, repair or maintain, to or for
10 any retail licensee in this State, any signs or inside
11 advertising materials except as provided in this Section and
12 Section 6-5. With respect to retail licensees, other than any
13 government owned or operated auditorium, exhibition hall,
14 recreation facility or other similar facility holding a
15 retailer's license as described in Section 6-5, a
16 manufacturer, distributor, or importing distributor may
17 furnish, give, lend or rent and erect, install, repair and
18 maintain to or for any retail licensee, for use at any one
19 time in or about or in connection with a retail establishment
20 on which the products of the manufacturer, distributor or
21 importing distributor are sold, the following signs and
22 inside advertising materials as authorized in subparts (i),
23 (ii), (iii), and (iv):
24 (i) Permanent outside signs shall be limited to one
25 outside sign, per brand, in place and in use at any one
26 time, costing not more than $893, exclusive of erection,
27 installation, repair and maintenance costs, and permit
28 fees and shall bear only the manufacturer's name, brand
29 name, trade name, slogans, markings, trademark, or other
30 symbols commonly associated with and generally used in
31 identifying the product.
32 (ii) Temporary outside signs shall be limited to
33 one temporary outside sign per brand. Examples of
34 temporary outside signs are banners, flags, pennants,
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1 streamers, and other items of a temporary and
2 non-permanent nature. Each temporary outside sign must
3 include the manufacturer's name, brand name, trade name,
4 slogans, markings, trademark, or other symbol commonly
5 associated with and generally used in identifying the
6 product. Temporary outside signs may also include, for
7 example, the product, price, packaging, date or dates of
8 a promotion and an announcement of a retail licensee's
9 specific sponsored event, if the temporary outside sign
10 is intended to promote a product, and provided that the
11 announcement of the retail licensee's event and the
12 product promotion are held simultaneously. However,
13 temporary outside signs may not include names, slogans,
14 markings, or logos that relate to the retailer. Nothing
15 in this subpart (ii) shall prohibit a distributor or
16 importing distributor from bearing the cost of creating
17 or printing a temporary outside sign for the retail
18 licensee's specific sponsored event or from bearing the
19 cost of creating or printing a temporary sign for a
20 retail licensee containing, for example, community
21 goodwill expressions, regional sporting event
22 announcements, or seasonal messages, provided that the
23 primary purpose of the temporary outside sign is to
24 highlight, promote, or advertise the product. In
25 addition, temporary outside signs provided by the
26 manufacturer to the distributor or importing distributor
27 may also include, for example, subject to the limitations
28 of this Section, preprinted community goodwill
29 expressions, sporting event announcements, seasonal
30 messages, and manufacturer promotional announcements.
31 However, a distributor or importing distributor shall not
32 bear the cost of such manufacturer preprinted signs.
33 (iii) Permanent inside signs, whether visible from
34 the outside or the inside of the premises, include, for
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1 example, neons, illuminated signs, clocks, table lamps,
2 mirrors, tap handles, decalcomanias, window painting,
3 window trim, and spirits or wine lists and menus. All
4 permanent inside signs in place and in use at any one
5 time shall cost in the aggregate not more than $2000 per
6 manufacturer. A permanent inside sign must include the
7 manufacturer's name, brand name, trade name, slogans,
8 markings, trademark, or other symbol commonly associated
9 with and generally used in identifying the product.
10 However, permanent inside signs may not include names,
11 slogans, markings, or logos that relate to the retailer.
12 For the purpose of this subpart (iii), all permanent
13 inside signs may be displayed in an adjacent courtyard or
14 patio commonly referred to as a "beer garden" that is a
15 part of the retailer's licensed premises.
16 (iv) Temporary inside signs shall include, for
17 example, lighted chalk boards, acrylic table tent
18 beverage or hors d'oeuvre list holders, banners, flags,
19 pennants, streamers, and inside advertising materials
20 such as posters, placards, bowling sheets, table tents,
21 inserts for acrylic table tent beverage or hors d'oeuvre
22 list holders, sports schedules, or similar printed or
23 illustrated materials; however, such items, for example,
24 as coasters, trays, napkins, and cups may not be provided
25 to retailers. All temporary inside signs and inside
26 advertising materials in place and in use at any one time
27 shall cost in the aggregate not more than $325 per
28 manufacturer. Nothing in this subpart (iv) prohibits a
29 distributor or importing distributor from paying the cost
30 of printing or creating any temporary inside banner or
31 inserts for acrylic table tent beverage or hors d'oeuvre
32 list holders for a retail licensee, provided that the
33 primary purpose for the banner or insert is to highlight,
34 promote, or advertise the product. For the purpose of
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1 this subpart (iv), all temporary inside signs and inside
2 advertising materials may be displayed in an adjacent
3 courtyard or patio commonly referred to as a "beer
4 garden" that is a part of the retailer's licensed
5 premises.
6 A "cost adjustment factor" shall be used to periodically
7 update the dollar limitations prescribed in subparts (i),
8 (iii), and (iv). The Commission shall establish the adjusted
9 dollar limitation on an annual basis beginning in January,
10 1997. The term "cost adjustment factor" means a percentage
11 equal to the change in the Bureau of Labor Statistics
12 Consumer Price Index or 5%, whichever is greater. The
13 restrictions contained in this Section 6-6 do not apply to
14 signs, or promotional or advertising materials furnished by
15 manufacturers, distributors or importing distributors to a
16 government owned or operated facility holding a retailer's
17 license as described in Section 6-5.
18 No distributor or importing distributor shall directly or
19 indirectly or through a subsidiary or affiliate, or by any
20 officer, director or firm of such manufacturer, distributor
21 or importing distributor, furnish, give, lend or rent,
22 install, repair or maintain, to or for any retail licensee in
23 this State, any signs or inside advertising materials
24 described in subparts (i), (ii), (iii), or (iv) of this
25 Section except as the agent for or on behalf of a
26 manufacturer, provided that the total cost of any signs and
27 inside advertising materials including but not limited to
28 labor, erection, installation and permit fees shall be paid
29 by the manufacturer whose product or products said signs, and
30 inside advertising materials advertise and except as herein
31 provided.
32 No person engaged in the business of manufacturing,
33 importing or distributing alcoholic liquors shall, directly
34 or indirectly, pay for, or advance, furnish, or lend money
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1 for the payment of any license for another. Any licensee who
2 shall permit or assent, or be a party in any way to any
3 violation or infringement of the provisions of this Section
4 shall be deemed guilty of a violation of this Act, and any
5 money loaned contrary to a provision of this Act shall not be
6 recovered back, or any note, mortgage or other evidence of
7 indebtedness, or security, or any lease or contract obtained
8 or made contrary to this Act shall be unenforceable and void.
9 This Section shall not apply to airplane licensees
10 exercising powers provided in paragraph (i) of Section 5-1 of
11 this Act.
12 (Source: P.A. 89-238, eff. 8-4-95; 89-529, eff. 7-19-96.)".