State Issues New COVID-19 Guidance to Local Liquor Control Commissions
Last
week, in response to the COVID-19 global health crisis, Governor J.B. Pritzker
issued an executive order requiring the closure of all bars
and restaurants for on-premises consumption. To ease financial hardships
imposed by the order and to promote social distancing, the Illinois Liquor
Control Commission issued new guidance to local liquor commissioners across the
state. The new guidance temporarily authorizes the delivery of alcoholic liquor
subject to local approval, and defers to local liquor commissioners whether a municipality will allow “on-premises only
retailers” to engage in off-premises sales.
Under these conditions, the Illinois Liquor Control
Commission allows local liquor commissioners to permit temporary deliveries of
alcoholic liquors. All retail licensees would be temporarily allowed to make
curbside deliveries, home residential deliveries, and any other sale or
delivery intended to promote social distancing. Local liquor control commissioners
may also authorize retailers and temporary delivery licensees to use third
party delivery services. However, all deliveries must be made in the original
container and licensees may not sell or deliver pre-mixed cocktails normally
intended for on-premises consumption. Deliveries made to a residence or to a
curbside vehicle will require the delivery representative to observe the
recipient at a safe social distance, and if necessary, require the examination
of the recipient identification to ensure the recipient is over twenty-one. These
temporary privileges are not generally allowed by law, and will be rescinded
when the state terminates its COVID-19 emergency restrictions.
In additional guidance, the Illinois Liquor Control
Commission announced it will accept the decision of a local liquor control
commissioner to allow “on-premises only” retailers to sell alcoholic liquor off
the licensed premises. License holders that normally have this privilege
include combined (on/off consumption) retailers, off-premises only retailers,
brew pubs, distilling pubs, brewers, and craft distillers. However, local
authorities may now authorize an on-premises only retailer to make “package” or
“to go” sales of alcoholic liquor for consumption off the licensed premises.
The
Illinois Liquor Control Commission has also announced that renewal deadlines for state
liquor licenses expiring March 31, April 30, and May 31 have been extended to
July 31, 2020. As a result, state licenses will remain in effect even if the
expiration date on its face indicates that it has expired.
Local
liquor control commissioners can review the latest guidance on the Illinois
Liquor Control Commission’s website,
and consider authorizing these types of liquor sales that promote social
distancing during the COVID-19 emergency.
By
Daniel J. Bolin and Rain Montero
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