Legislative

Happy Hour Bill 

Wednesday, July 15, 2015 12:47:00 PM

THE GOVERNOR HAS JUST SIGNED THE HAPPY HOUR BILL EFFECTIVE IMMEDIATELY!!!!!!

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THE ILBA HELPS MOVE “HAPPY HOUR” BILL THROUGH THE GENERAL ASSEMBLY 

Thursday, June 04, 2015 3:51:00 PM

THE ILBA HELPS MOVE “HAPPY HOUR” BILL THROUGH THE GENERAL ASSEMBLY 

(“The Culinary and Hospitality Modernization Act of 2015”) 

The Illinois Licensed Beverage Association introduced, testified and helped move the Happy Hour Bill through the General Assembly.  The ILBA worked with other industry members in this coalition effort.  Senate Bill 398 Amendment 2 passed the Illinois House 82 – 31 and the Senate 52 – 1 during the final weekend hours of the Spring 2015 Session.  As of this writing the Bill will be sent to Governor Rauner’s desk for signature approval.  Below find highlights of the new Happy Hour legislation.
 SB 398 HOUSE AMENDMENT 2
THE CULINARY AND HOSPITALITY MODERNIZATION ACT OF 2015

HOUSE SPONSOR: SARA FEIGENHOLTZ  

SENATE SPONSOR: ANTONIO MUÑOZ

CHIEF CO-SPONSORS: REP. RON SANDACK, REP. ED SULLIVAN, REP. MARCUS EVANS, REP. KEN DUNKIN

SB 398, the Culinary and Hospitality Modernization Act of 2015, updates the liquor control act to support our robust hospitality industry. SB 398 takes a balanced approach by increasing safeguards for responsible service while allowing for temporary price reductions and other marketing tools.


SB 398 respects the longstanding Illinois precedent of local liquor control. SB 398 DOES NOT PREEMPT HOMERULE.

SB 398

• Prohibits trade practice policies, restoring JCAR as the rulemaking authority for the Liquor Control Act.

• Permits hotels to purchase one state liquor license per address; currently hotels must purchase a license for every bar in the hotel.

• Ends Sunday Blue laws.

• Creates process for infusions to accommodate the needs of modern mixology.

• Requires state-wide responsible server training for all bartenders.

• Allows for reduced price “Happy Hour” on drinks for 15 hours a weeks with certain restrictions:

    - Max 4 hours a day

    - Must end by 10pm

    - No 2 for 1’s

    - No games, mega drinks or contests

• Allows for meal & party packages for food and drink.

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Illinois State Police Post Approved Concealed Carry Signage Specifications Pursuant To The Firearm Concealed Carry Act 

Tuesday, October 15, 2013 2:30:15 PM

 

 

ISP Seal
 
Press Release Date: October 11, 2013
 

Signs Can Be Posted & Must Meet Regulatory Requirements

SPRINGFIELD – Illinois State Police Officials today released information on regulatory requirements for concealed carry signage under the Firearm Concealed Carry Act (430 ILCS 66/1, et. seq.).

Individuals licensed to carry a concealed firearm under the Firearm Concealed Carry Act are prohibited from carrying a firearm on, or into, any of the prohibited areas listed under Section 65 of the statute.  Private property owners may also prohibit individuals from carrying a concealed firearm on, or into, property under their control.

Owners of any statutorily prohibited area or private property, excluding residences, where the owner prohibits the carrying of firearms must clearly and conspicuously post the Illinois State Police approved sign, in accordance with 430 ILCS 66/1, at the entrance of the building, premises or real property:

HB183, Section 65 (Prohibited Areas) (d) Signs stating that the carrying of firearms is prohibited shall be clearly and conspicuously posted at the entrance of a building, premises, or real property specified in this Section as a prohibited area, unless the building or premises is a private residence. Signs shall be of a uniform design as established by the Department and shall be 4 inches by 6 inches in size….  Please refer to Section 65 (Prohibited Areas) for more information on statutory regulatory requirements for signage as well as where concealed weapons are prohibited.

Pursuant to Section 65(d) of the Firearms Concealed Carry Act, signs must be of a uniform design and the Illinois State Police is responsible for adopting rules for standardized signs.  The Illinois State Police has proposed rules which require a white background; no text (except the reference to the Illinois Code 430 ILCS 66/1) or marking within the one-inch area surrounding the graphic design; a depiction of a handgun in black ink with a circle around and diagonal slash across the firearm in red ink; and that the image be 4 inches in diameter.  The sign in its entirety will measure 4 in x 6 in.

The Illinois State Police’s proposed administrative rules allow the design and posting of a larger sign if the property owner believes the entrance of the building, premises or real property requires it.  The administrative rules proposed by the Illinois State Police would also permit a larger sign to include additional language.  These administrative rules have been filed with the Illinois Secretary of State pursuant to the Illinois Administrative Procedure Act.  

To download a template of the approved sign for use, visit the ISP website at www.isp.state.il.us/firearms/ccw

Concealed Carry permit applications will be available on the ISP website by January 5, 2014.

Concealed Carry Prohibited Area Sign

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Legislative Victories 

Tuesday, February 05, 2013 12:11:30 PM
 
·        SB1565 – Defeated Minimum Wage Increase from $8.25 to $10.55
 
·        HB1600 – Defeated Trans Fat Bill
 
·        HB3665 – Defeated Mandatory 7 Sick Days per Year for Employees.
 
·        SB3973 – Defeated Ban on Use of Energy Drinks w/Alcohol.
.
·        Instrumental in Repeal of the SOT Tax.
 
·        Delayed Indoor Smoking Ban for 12 Years.  
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2012 LEGISLATIVE UPDATE 

Wednesday, November 21, 2012 2:33:30 PM
 
The Illinois Licensed Beverage Association was very active during the 2012 Spring Session of the General Assembly. A total of 460 bills       passed both Chambers so far this year. Additionally many more bills did not pass out of the Legislature. There are many issues that will be  addressed in the Fall 2012 Veto Session scheduled for November 27 – 29 and December 4 – 6, 2012. With the General Election on Tuesday    November 6, 2012, most elected officials will be campaigning in their districts. The Fall Veto Session must be closely monitored because there are many lame duck members.
      
 
The ILBA has been protecting hospitality interests in 2012. Below find a few updates from the 2012 session of the 97th General Assembly. 
 
ILLINOIS BILLS DEFEATED
 
1.)     Defeated HB 5369 which would set minimum pricing on drinks.
 
2.) Defeated SB 1565 which would have increased the minimum wage to $10.55.
 
3.) Defeated SB 3456 which would have provided Illinois Wineries special use permits 
     for special events year round.
 
4.)   Defeated SB 1531 which would have allowed the closing of a business in Chicago for 30 days if the business had “any” violation.
 
5.)   Defeated HB 5277 which would have changed the basis for voting dry a district from population totals to registered voter totals.
 
 
ILLINOIS BILLS PASSED
 
Passed SB 2900 which requires that taxes on roll your own cigarettes are equal to pre-packed cigarettes taxes.
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Senators Introduce Legislation to Close Tobacco Tax 'Loopholes' 

Monday, May 14, 2012 10:04:51 AM
Would create tax parity for all tobacco products at same per-unit level as cigarettes

CSP Daily News |

WASHINGTON-- U.S.Senators Dick Durbin (D-Ill.), Frank Lautenberg (D-N.J.) and Richard Blumenthal (D-Conn.) have introduced the Tobacco Tax Equity Act to close loopholes in the tax code that allow tobacco companies to avoid the federal cigarette and roll-your-own (RYO) tobacco tax.

Because pipe tobacco is taxed at a lower rate than cigarettes, some companies have begun offering the option of purchasing pipe tobacco and allowing customers to roll their own cigarettes to avoid paying the federal cigarette tax

"The current loopholes in the taxes on tobacco products encourage the use of products like pipe tobacco, smokeless tobacco and 'nicotine candies' as a cheap source of tobacco, particularly among young people. This difference in tax rates doesn't make sense, and we are already seeing tobacco manufacturers abusing them by changing the labels on their products to avoid paying the higher tax. This bill will stop tobacco manufacturers from gaming the system and protect more children and teens from this dangerous habit," Durbin said.

"This legislation will stop big tobacco from exploiting loopholes that cheat the government out of tax dollars," said Lautenberg.

"I am proud to cosponsor the Tobacco Tax Equity Act to eliminate disparities in tobacco tax rates, closing a harmful loophole in our tax code that taxes repackaged pipe tobacco and other tobacco products at lower levels than cigarettes, small cigars and roll-your-own tobacco. This bill equalizes the federal tax rate for all tobacco products to that of cigarettes. It will generate more than a billion dollars in revenue."

They cited a Government Accountability Office (GAO) report published last month that said RYO tobacco products are currently being sold in packages labeled as pipe tobacco--which is taxed at a lower rate--with no change to the product. Also, they cited a recent report by the Centers for Disease Control & Prevention (CDC) that claimed more than $1.3 billion in state and federal revenue has been lost as a result of tobacco manufacturers relabeling RYO tobacco as pipe tobacco. By establishing tax parity and closing loopholes in the tobacco tax code, this bill would generate approximately $4 billion in revenue over five years.

The Tobacco Tax Equity Act would create tax parity by establishing the tax rate on all tobacco products at the same per-unit level as cigarettes. This legislation would eliminate the current tax incentive for tobacco companies to label RYO tobacco as pipe tobacco in order to sell their product at a lower cost, the senators said.

Source: CSP Daily News
Related Terms: Tobacco, Cigarettes, RYO

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The Department of Revenue proposed an amendment that will impact establishments that sell alcohol at retail:  

Friday, January 06, 2012 4:25:57 PM

 

 

The Department of Revenue proposed an amendment that will impact establishments that sell alcohol at retail:         
The Department of Revenue proposed an amendment to "Retailers' Occupation Tax" (86 Ill. Adm. Code 130; 35 Ill. Reg. 19649) requiring liquor retailers who sell alcoholic liquor at retail through a liquor store, tavern, or restaurant to file a monthly statement listing the total amount paid for liquor during the preceding calendar month electronically beginning 2/1/12. The amendment also allows the taxpayer to petition DOR for a waiver of the electronic filing requirement if the taxpayer does not have access to the Internet. (DOR states that it is curtailing the option to file the information by telephone.) 
Bottom Line: This rulemaking is proposed as part of an effort to eliminate the Department of Revenue's TeleFile program. These rules currently require liquor retailers to file a monthly statement of liquor purchases on an ST-1 return that is Tele-filed. This amendment eliminates the requirement to TeleFile the ST-1 return and instead requires that liquor retailers filing their monthly statement of liquor purchases include this statement on an ST-1 return that is electronically filed. The rules specify that this change will be effective for returns due on and after February 1, 2012. The statute mandating that liquor retailers file a monthly statement allows the Department to adopt rules requiring the statement to be filed either electronically or telephonically. Originally the Department chose to require telephonic filing; however, the number of telephonic filers has dropped significantly, while the number of electronic filers has increased significantly. Due to these factors, as well as budgetary constraints, the Department has chosen to discontinue its TeleFile program. These rules implement that determination. The rules do provide however that a taxpayer may petition for a waiver of the electronic filing requirement. The Department has made this accommodation for taxpayers that demonstrate they do not have access to the Internet. Persons who wish to submit comments or have questions are encouraged to contact Jerilynn Troxell-Gorden, Illinois Department of Revenue's Legal Services Office at (217) 782-2844 or Jerilynn.Gorden@Illinois.gov. Click here to submit comments.

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NLRB Extends Deadline to January 31, 2012 

Friday, January 06, 2012 4:22:45 PM
The National Labor Relations Board has postponed the implementation date for its new notice-posting rule by more than two months in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.  the new effective date of the rule is January 31, 2012. 
  
The decision to extend the rollout period followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board's jurisdiction, and was made in the interest of ensuring broad voluntary compliance.  No other changes in the rule, or in the form or content of the notice will be made.
  
Most private sector employers will be required to post the 11X17 inch notice, which is available at no cost from the NLRB through its website either by downloading and printing, or by ordering a print in the mail. 
The poster which describes employee rights under the National Labor Relations Act is now available for free download from the NLRB website at www.nlrb.gov/poster.
  
In addition, copies of the Notice will soon be available without charge from any NLRB regional office
  
For further information about the posting, including a detailed discussion of which employers are covered by the NLRB, and what to do if a substantial share of the workplace speaks a language other than English, please see the NLRB's Frequently Asked Questions.    
 
For questions on any of the above, contact Katy Khayyat at Katy.Khayyat@Ilinois.gov, or call (800) 252-2923 or (217) 785-8020. 
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New Mandatory Notice of Employee Rights Under The National Labor Relations Act 

Thursday, November 03, 2011 12:05:29 PM
NEW MANDATORY NOTICE OF
EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
 
            All Employers need to be aware that the National Labor Relations Board [NLRB] is about to start requiring virtually all private-sector Employers to post an official NLRB Notice spelling out the rights of employees to organize for the purpose of bargaining collectively with their Employer and to engage in other "protected concerted activity," free from any interference or retaliation by their Employer.
            The new NLRB rule does not create any new employee rights. Since 1935, private sector employees have had a federally-protected right to form a union, to support a union, or to act in concert regarding their wages, hours and working conditions. (They also have a right to refrain from doing so, if that is what they prefer.) It is an "unfair labor practice" for an Employer to interfere with those rights, or to threaten, coerce or restrain employees. But requiring Employers to inform workers of those rights will be new for most Employers.
(Government contractors are already required by the U.S. Department of Labor [DOL] to post a similar notice at their workplaces. Government contractors who post the DOL notice will not be required to also post the NLRB notice.)
The official Notice [a copy of which is enclosed] can be obtained from your local NLRB office or downloaded from the NLRB website: http://www.nlrb.gov/poster. (Note that the official poster used in the workplace must be 11 x 17 inches.   If you are going to download it, set your printer accordingly.) You'll probably be inundated with offers to sell you a set of posters, but there's no need to purchase them from a commercial vendor.
            Under the new NLRB rule, Employers are expected to post the notice on and after November 14, 2011. They will need to keep it posted from then on, wherever other employee notices are posted. If anyone removes or defaces it, you are expected to replace it with a clean copy. If the Employer posts employee policies or notices on an internet or intranet site, it will be expected to also post the NLRB Notice there as well.
            If at least 20% of an Employer's employees are not proficient in English and speak a particular other language, it will be required to post a Notice in that other language. Translations of the poster into that other language can be obtained from the NLRB.   The Spanish poster is available on the NLRB website.
            Various Employer groups have filed lawsuits seeking to overturn the new NLRB regulation. But unless and until a court rules against the NLRB or enters a temporary restraining order putting the regulation on hold, the NLRB will enforce its regulation starting on November 14th.
            How will the NLRB know whether or not an Employer posts the required Notice?
An Employer's non-compliance will be brought to the NLRB's attention if an employee or a union organizer blows the whistle on the Employer, or in the course of investigating some unrelated unfair labor practice ["ULP"] charge.
What are the consequences for an Employer who fails to post the Notice?   The regulation says that failure to post is a ULP. If a failure to post is inadvertent, and the Employer posts the Notice once a Board agent calls the omission to the Employer's attention, no further steps will be taken. But if the Employer willfully refuses to post, presumably the NLRB will find the Employer guilty of a ULP and will enter a formal order compelling the Employer to post the Notice.
Are there other potential consequences? Yes. Normally, there is a six-month statute of limitations for unfair labor practice charges. That means that if an Employer commits a ULP (such as interference or coercion of employees) but no charge is filed within six months, the NLRB normally cannot take action against the Employer. But the new NLRB regulation suggests that if that Employer did not post the "Employee Rights Notice," then the Board may decide to extend the six-month statute of limitations for ULP charges. Also, if the Employer is ever charged with some other ULP, the Board may consider the failure to post the Notice as evidence of unlawful anti-union motive in the ULP proceedings.    
            If an Employer decides to comply with the new NLRB regulation and post the official "Employee Rights" Notice, supervisors should be coached on what they lawfully can and cannot say to employees, in case the Notice prompts any employee questions. Finally, any non-unionized Employer that would prefer to remain union-free should consider whether to also post or distribute a separate notice telling employees why it is posting the NLRB notice and explaining (in a lawful, non-coercive manner) why the Employer's philosophy is to encourage its employees not to go union.
 
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