State of Illinois

Illinois Permanently Legalizes Cocktails-To-Go, Expands Craft Distillery Options

Governor JB Pritzker signed changes to Illinois’ liquor laws on December 12, making cocktails-to-go a permanent fixture and creating new pathways for craft distilleries to grow their businesses.

Public Act 104-0451, which originated as Senate Bill 618, is one of the most significant updates to the Illinois Liquor Control Act of 1934 in recent years. 

The most visible change for consumers is the permanentization of what began as a temporary pandemic relief measure. Restaurants and bars can now continue selling sealed cocktails, mixed drinks, and single servings of wine for delivery and curbside pickup indefinitely.

The law establishes strict safety requirements. Beverages must be placed in tamper-evident sealed containers that are rigid, new, and never previously used. Each container filled at a retail location must be labeled with ingredients, alcohol type and name, the retailer’s name and license number, volume, and confirmation the drink was sealed within seven days of sale.​

Delivery personnel must be at least 21 years old, trained under Section 6-27.1 of the Liquor Control Act, and verify the recipient’s age upon delivery. Cocktails must be transported in vehicle trunks or rear compartments not accessible to passengers.

The legislation creates a new Class 3 craft distiller license designed for small and mid-sized producers seeking room to expand beyond existing license categories.​​

Under the new license, distilleries can manufacture up to 100,000 gallons of spirits annually.​​

Class 3 craft distillers can sell spirits directly from their licensed premises to retail licensees, Class 3 brewers, and other Class 3 craft distillers, as long as they don’t exceed the 100,000-gallon annual production limit and are not affiliated with larger manufacturers.​

The license also permits self-distribution of up to 5,000 gallons of spirits per year to retail licensees, subject to State Commission approval. Applicants must demonstrate efforts to establish distributor relationships and confirm the exemption is necessary to facilitate marketing.

Class 3 craft distiller licensees must annually certify their production volumes to the Illinois Liquor Control Commission and can face fines, suspension, or revocation for material misrepresentations, revenue law violations, or exceeding production limits.

The law also establishes a spirits showcase permit, allowing Class 1, Class 2, and Class 3 craft distillers to transfer spirits from their licensed premises to designated temporary locations for specific events such as festivals, tastings, and promotional activities.​​

The permit sets clear limits on quantities that may be transferred and sold per person at these events. Lawmakers emphasized these restrictions ensure controlled event-based sales without creating alternative retail channels outside the traditional three-tier licensing system.

Most provisions of Public Act 104-0451 take effect July 1, 2026, giving businesses and regulators time to adjust to the new framework. However, the cocktails-to-go provisions and changes regarding third-party delivery took effect immediately upon the governor’s signature.

The law does not preempt municipalities with populations over one million from regulating alcoholic beverage delivery, preserving Chicago’s ability to set its own rules. However, it does restrict other home rule and non-home rule municipalities from regulating delivery inconsistently with state law.

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