Illinois residents hoping to enjoy a cocktail, but not wanting to face the cold weather or deal with strict social distancing practices, can now have spirits delivered directly to their home via smartphone apps. On January 13, 2021, the Illinois General Assembly passed a bill allowing third party service companies, such as Grubhub and Doordash, to deliver spirits and wine from liquor stores, directly to Illinois residents. The bill follows up on laws passed in the spring of 2020, intending to provide relief to the hospitality industry, struggling to stay afloat during the COVID-19 pandemic.
Senate Bill 54 amends the Liquor Control Act of 1934, expanding and clarifying the rights of alcohol retailer licensees to ship and deliver alcohol to customers. Prior to these revisions, “deliver” and “shipping” were not defined in the act and were left to local law or ordinance. However, the new legislation provides that nothing in the act limits a liquor retailer’s rights to deliver alcohol to a purchaser for use or consumption.
“[The bill] provides that a retailer may use the services of a third-party facilitator by means of the Internet or mobile application to facilitate the sale of alcoholic liquors to be delivered to the home or other designated location of a consumer in this State if specified conditions are met, including verifying that the individual accepting the delivery is at least 21 years of age.”
Despite expanding retailer’s shipping and delivery rights, not all parties in the alcoholic beverage industry are satisfied with the legislation. The Illinois Craft Brewers Guild testified before a House committee, requesting that the bill permit small brewers and distillers to deliver their own products, which the measure does not allow. Danielle D’Alessandro, Executive Director of the Guild also expressed disappointment, stating “this is the second liquor delivery bill now that excludes the ability of small brewers and distillers to be able to deliver and ship to consumers in Illinois.”
Illinois joins twelve other states that allow for beer, wine, and spirits to be delivered to homes, and over thirty states allow for delivery of strictly beer and wine. The amendments are to stay in place until 2023.
If you would like more information on Illinois’ new alcohol home delivery laws, contact the attorneys at Rock Fusco & Connelly, LLC