Pandemic-caused ‘cocktails to go’ law extended into 2028

Bill permits carryout and delivery of cocktails and glasses of wine until 2028

SPRINGFIELD, Ill. (June 30, 2023) – Governor J.B. Pritzker has signed into law SB 0089, extending Illinois’ cocktails to-go law until August 1, 2028. The pandemic-era law, which allows restaurants and bars to provide carryout, curbside pickup, and delivery of mixed drinks and single servings of wine for off-premises consumption, went into effect in June 2020 and was set to expire on January 3, 2024.

The Illinois Liquor Control Commission (ILCC) wants to remind the public and all qualifying retailer licensees about some of the key requirements of the cocktails to-go law. The law requires that cocktails, mixed drinks, and single servings of wine available to-go:

• May only be sold or delivered by an employee of the retail licensee who is at least 21 and has a valid Illinois Beverage Alcohol Sellers and Servers Education and Training (BASSET) license under Section 6-27.1 of the Illinois Liquor Control Act.
• May not be sold or delivered without age verification; the retail licensee employee must verify that a person is at least 21 before selling or delivering to-go cocktails to that person. If the employee cannot safely verify a person’s age or intoxication level, the sale of the to-go cocktails must be canceled, and the cocktails must be returned to the retail licensee’s establishment.
• Must be packaged in a sealed, tamper-evident container; the container must be labeled with information that includes the cocktail or mixed drink name and ingredients, the name(s) of the alcohol in the drink, and that the sealed container was filled less than 7 days before the date of sale, such as a bottling date or packaging date.
• Must be placed and transported in the trunk of a vehicle or, if the vehicle has no trunk, in the vehicle’s rear compartment that is not readily accessible to the passenger area.
• MAY NOT be transported in the passenger area of a vehicle.
• Third-party delivery services are NOT PERMITTED to deliver cocktails to-go.

“We are happy that the Illinois hospitality industry can continue to receive the economic benefits of cocktails to-go, however, we want to ensure retailers and consumers are able to easily comply with the requirements of the law,” said Illinois Liquor Control Commission Executive Director Lisa Gardner. “It is the ILCC’s responsibility to safeguard the public by ensuring that to-go cocktails are safely transported.”

Illinois law prohibits vehicle drivers and passengers from transporting, carrying, or possessing open containers of alcohol in the driver or passenger area of a vehicle. Drunk driving and drinking while driving are also prohibited under Illinois law, and can lead to fines, criminal charges, and serious bodily harm.

The cocktails to-go requirements are in place to protect the health and safety of consumers, retail licensee employees, and the Illinois public. The ILCC urges both retailers and consumers to continue to enjoy the benefits of to-go cocktails safely by following all the requirements of the law.