ILBA INFORMATIONAL UPDATE APRIL 13, 2020
Minimum Wage Delay Requested:
The ILBA is part of a coalition that sent a letter to the Governor requesting a delay in the July 1, 2020 minimum wage increase. Here is an excerpt: We would hope that the leaders of our state would understand the precarious position that our members find themselves in. Again, what is being suggested is a one-year delay. On behalf of employers of all sizes who have been impacted so severely by this epidemic, we are respectfully asking that you reconsider and help give employers the best possible chance to recover. Without them, state and local governments face a dim future.
Illinois Liquor Control Commission recent update on Insurance and FAQ’s: https://www2.illinois.gov/ilcc/Pages/Home.aspx
Product Returns (for beer only):
The Illinois Liquor Control Commission is authorizing the return of beer sold and delivered to a retailer on or before March 23, 2020, only. Any returns from retailers for beer the retailer purchased after March 23, 2020, must strictly comply with the Illinois Liquor Control Act (usual returns are permitted for credit against indebtedness or equal amounts of the same or similar beer, including a similarly priced product). Whether to accept any returns is within the discretion of the distributor and not mandatory.
The current criteria for retailer return of beer while COVID-19 related action is in place require:
The beer must be in the original package and any kegs must be untapped.
The retailer must hold an on-premise retail liquor license—the returns do not apply to off premise retailers.
The beer must have been sold to the on-premise retail licensee for on premise consumption.
Beer may be returned for cash or credit against outstanding indebtedness—we are seeking to clarify with the ILCC that this can mean credit against future purchases in light of the market not making orders. This is a temporary change from the statute and from a temporary policy. Whether to accept returns, to give cash, credit or replace the product is in the discretion of the distributor.
Local authorization for package sales:
The ILCC has now eliminated the requirement that a retailer hold a “Combined” on and off premises state license, but only if the local municipality has authorized package sales for on premise retailers. Unfortunately, there is not a specific resource to track such authorizations.
With regard to wine and spirits sales only, while the ILCC is not extending the thirty (30) day credit provisions under the Liquor Control Act, the ILCC is recognizing a retailer’s inability to pay for wine and spirits as a result of the hardship from the suspension of on premise sales as a “bona fide dispute.” Retailers may now send an email to the ILCC claiming an bona fide dispute for any unpaid invoices and the ILCC will remove the retailer from the delinquency list. This does not apply to orders of retailers already reported to the delinquency list before March 17, 2020. Whether the distributor reporting the delinquency continues to sell product to the delinquent retailer is in the discretion of the distributor. The bulletin in no way prejudices the distributor’s right to pursue an action for collection.
Mayor Lightfoot has announced a temporary ban on liquor sales after 9PM in Chicago:
- Chicago licensed establishments must display a sign reflecting the prohibition of alcohol sales after 9 p.m., which can be downloaded here.
Auto Insurers are issuing $10.5 billion in coronavirus refunds: www.chicagotribune.com
By ABDEL JIMENEZ CHICAGO TRIBUNE |
APR 10, 2020 | 3:56 PM
Secretary of State 90 Day Extensions: Expiration on dates for driver’s licenses, identification cards, vehicle registrations and other transactions and document filings will be extended at least 90 days after Drivers Services Facilities reopen.
Daniel D. Clausner