Liquor Control Act Amended to Include Liquor Delivery and Curbside Pickup Effective January 1, 2022April 12, 2021
On April 2, 2021, Governor Pritzker approved Public Act 101-0668, amending the Liquor Control Act of 1934 (the “Act”) to allow pickup and home delivery of alcoholic liquor in Illinois starting in 2022. The additions to the Act codify some of the Temporary Authorizations for Delivery of Alcoholic Liquor permitted by COVID-19 emergency restrictions, including the use of third parties to deliver alcoholic liquor from retailers directly to consumers.
The amended provisions of the Act, specifically 235 ILCS 5/5-1(d), allows properly licensed retailers to “ship” alcoholic liquor to consumer purchasers. “Shipping” is defined as: “[t]he movement of alcoholic liquor from a licensed retailer to a consumer via a common carrier”. A common carrier in this context includes carriers of mail, packages, etc. Shipping is restricted to persons 21 or older and the limits on wine shipper licensees apply.
The Act further provides for “delivery”, which must take place within 12 hours from the time the alcoholic liquor leaves the retailer. “Delivery” is defined as:
“[t]he movement of alcoholic liquor purchased from a licensed retailer to a consumer through the following methods:
- Delivery within licensed retailer’s parking lot, including curbside, for pickup by the consumer;
- The delivery by an owner, officer, director, shareholder, or employee of the licensed retailer; or
- Delivery by a third-party contractor, independent contractor, or agent with whom the licensed retailer has contracted to make deliveries of alcoholic liquors.”
The Act applies to all municipalities throughout the state, including all home rule units except Chicago.