August 3, 2026
On December 12, 2025, Governor JB Pritzker signed Senate Bill 618 into law as Public Act 104-451. Now fully effective as of July 1, 2026, the Act makes numerous changes to the Illinois Liquor Control Act, including significant amendments governing the delivery and carryout of alcoholic beverages.
Of particular importance to municipalities, Public Act 104-451 substantially limits local authority to regulate the delivery of alcoholic liquor. Generally (with the exception of the City of Chicago), home-rule and non-home-rule municipalities may no longer regulate alcohol delivery or require a retailer to obtain a separate or additional delivery license. The new law also makes permanent the COVID-era statewide rules for delivery and carryout of cocktails, mixed drinks, and single servings of wine.
Before Public Act 104-451
The Liquor Control Act establishes the basic statewide framework for retail alcohol delivery. Among other things, it permits a retailer to:
- ship alcoholic liquor to a purchaser for personal use or consumption through a common carrier;
- deliver alcoholic liquor within 12 hours after it leaves the licensed premises;
- make delivery through curbside or parking-lot pickup, through the retailer’s owners or personnel, or through an authorized third-party contractor or agent;
- use its own or a third party’s website, mobile application, or similar platform to facilitate sales and deliveries; and
- contract with a delivery provider that requires age verification through valid identification.
Before Public Act 104-451, municipalities could supplement these state requirements with local rules that did not conflict with state law. For example, a municipality could have required a local delivery permit, charged a delivery-related fee, imposed local reporting or training requirements, or adopted additional restrictions concerning delivery hours, areas, personnel, or methods.
After Public Act 104-451
As of July 1, 2026, municipalities may not regulate the delivery of alcoholic liquor or require a retail licensee to obtain a separate or additional delivery license. The new law bans municipal regulation outright.
The practical consequence is that, outside of Chicago, a municipality generally may no longer create its own delivery-specific regulatory program, even one that arguably complements rather than conflicts with state law.
The new preemption is directed only at the regulation of alcohol delivery itself. Municipalities may instead consider generally applicable licensing, zoning, public-safety, nuisance, parking, traffic, and business-operation requirements that address legitimate local concerns without singling out alcohol delivery. For instance, though municipalities may no longer regulate delivery, the new law does not prohibit a municipality from penalizing a delivery driver for furnishing liquor to an underaged person.
Permanent Rules for Cocktails, Mixed Drinks, and Wine by the Glass
Public Act 104-451 also amends Section 6-28.8 of the Liquor Control Act, which authorizes the carryout and delivery of cocktails, mixed drinks, and single servings of wine. The provision was originally enacted in 2020 as a temporary measure to assist restaurants and bars whose operations were restricted during the COVID-19 pandemic. The new law eliminates the August 1, 2028 sunset date, making that authorization permanent. The ban on municipal regulation of alcohol delivery does not extend to Section 6-28.8 of the Act, meaning that municipalities may further restrict single-serving carryout in their discretion.
Municipal Review Considerations
In light of Public Act 104-451, municipalities should review their local liquor codes and administrative practices for provisions that:
- create a separate delivery permit, license, or endorsement;
- impose delivery-specific fees;
- restrict delivery hours, methods, personnel, or geographic areas;
- regulate websites, mobile applications, or third-party delivery contractors; or
- treat the delivery and carryout authorization in Section 6-28.8 as temporary.
Please contact Marcus Martinez or any Elrod Friedman LLP attorney with questions about updating local liquor regulations, reviewing delivery-related ordinances, or ensuring compliance with Public Act 104-0451.