Sale of Liquor to be Consumed Off-Premises

As a result of the COVID-19 pandemic, the State of Illinois has temporarily allowed the sale of alcohol, including mixed drinks, for off-premises consumption.  In order for Shorewood restaurants and bars to take advantage of these temporary allowances, the Village Board adopted an ordinance that allows the sale of alcohol, including mixed drinks, to-go consistent with State law.  

Sale of Alcohol for Off-Premises Consumption

That notwithstanding anything to the contrary in the Code of Ordinances the following Classes of Liquor Licenses: A, A-1, B, B-1, B-2 and B-3 shall be permitted to sell alcoholic beverages for off-premises consumption subject to the following:

Delivery and Carry Out of Alcohol Permitted Pursuant to Liquor License Classes.

A cocktail or mixed drink placed in a sealed container by a retail licensee at the retail licensee’s location or a manufacturer sealed product may be transferred and sold for off-premises consumption if the following requirements are met:

1. The cocktail, mixed drink or manufacturer’s sealed product is transferred within the licensed premises, by a curbside pickup, or by delivery by an employee of the retail licensee who: 
   • has been trained in accordance with applicable requirements at the time of the sale;
   • is at least 21 years of age; and
   • upon delivery, verifies the age of the person to whom the cocktail is being delivered.
2. If the employee delivering the product is not able to safely verify a person’s age or level of intoxication upon delivery, the employee shall cancel the sale of alcohol and return the product to the retail license holder;
3. The sealed container is placed in the trunk of the vehicle or if there is no trunk, in the vehicle’s rear compartment that is not readily accessible to the passenger area.  This Section 3 does not apply to manufacturer’s sealed products;
4. The sealed container shall be affixed with a label or tag that contains the following information:
   • the cocktail or mixed drink ingredients, type, and name of the alcohol;
   • the name, license number, and address of the retail licensee that filled the original container and sold the product;
   • the volume of the cocktail or mixed drink in the sealed container;
   • the sealed container was filled less than 7 days before the date of sale; and
   • the requirements of this Section 4 shall not apply to manufacturer’s sealed products.
5. Third-party delivery services are not permitted to deliver cocktails, mixed drinks, or manufacturer’s sealed products under this section.
6. If there is an executive order of the Governor in effect during a disaster, the employee delivering the manufacturer’s sealed product, mixed drink or cocktail must comply with any requirements of that executive order, including, but not limited to, wearing gloves and a mask and maintaining distancing requirements when interacting with the public.
7. Holders of Class K Licenses may sell products for off-premises consumption as permitted by their License subject to compliance with 1, 2, 5, and 6.
8. This Ordinance does not authorize a Liquor Licensee to sell cocktails or mixed drinks unless such sales are already allowed by their license classification.

Delivery Prohibited.

Delivery or carry out of a manufacturer’s sealed product, cocktail or mixed drink is prohibited if:

1. a third party delivers the manufacturer’s sealed product, cocktail or mixed drink;
2. a container of a mixed drink or cocktail is not tamper-evident and sealed;
3. a container of a mixed drink or cocktail is transported in the passenger area of a vehicle;
4. a manufacturer’s sealed product, mixed drink or cocktail is delivered by a person or to a person who is under the age of 21; or
5. the person delivering the manufacturer’s sealed product, a mixed drink or cocktail fails to verify the age of the person to whom the mixed drink of cocktail is being delivered.

The local approval of the sale of alcohol off-premises is valid until June 2, 2021.

In order to sell alcohol to-go, update your Liquor Liability Insurance Certificate to include the sale of alcohol for off-premises consumption listing the Village of Shorewood as the certificate holder.  Email the updated COI to Toni Dulny, Deputy Village Clerk, and copy Kelley Chrisse, Economic Development Director.  Questions can be directed to Kelley Chrisse at (815) 741-7708.

Additional information can be found on the Illinois Liquor Control Commission website.  Specific requirements for premixed cocktails can be found HERE.

Definitions:

“Cocktail” or “mixed drink” means any beverage obtained by combining ingredients alcoholic in nature, whether brewed, fermented, or distilled, with ingredients non-alcoholic in nature, such as fruit juice, lemonade, cream, or a carbonated beverage.

“Manufacturer’s Sealed Product” shall mean that the container is in its original manufacturer’s package, unopened, such as a bottle of wine or beer.

“Original Container” means, for the purposes of this section only, a container that is filled, sealed, and secured by a retail licensee’s employee at the retail licensee’s location with a tamper-evident lid or cap. 

“Sealed Container” means a rigid container that contains a mixed drink, is new, has never been used, has a secured lid or cap designed to prevent consumption without removal of the lid or cap, and is tamper-evident.  “Sealed container” does not include a container with a lid with sipping holes or openings for straws or container made of plastic, paper, or polystyrene foam.

“Tamper-evident” means a lid or cap that has been sealed with tamper-evident covers, including but not limited to, wax dip or heat shrink wrap.