LIQUOR COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Consider amendments to happy hour restrictions in Section 3-3-12:3.2 of the Naperville Municipal Code
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DEPARTMENT: Legal Department
SUBMITTED BY: Jennifer Bonner, Senior Assistant City Attorney
BACKGROUND:
Following Illinois's 1989 statewide happy hour ban intended to curb binge drinking, the state reversed course on July 15, 2015, by enacting Public Act 99-0046, which authorized regulated happy hour promotions. Exercising its home rule authority, the Naperville Liquor Commission voted on October 5, 2017, to keep the City's local prohibition in place.
At the July 9, 2026, Liquor Control Commission meeting, Kevin Reed (Vice President of Operations, Biaggi's Ristorante Italiano; Ancho & Agave) requested a reconsideration of this prohibition. The Liquor Commission directed staff to place the item on a future meeting agenda.
In considering any amendments to its happy hour restrictions, the City is limited to enacting regulations that are stricter than those of the state.
The Illinois Liquor Control Act permits happy hours subject to the following:
* Time Limits: Discounts cannot exceed 4 hours per day or 15 hours per week. Happy hours are prohibited between 10:00 PM and closing, though nonconsecutive hours are allowed within the daily 4-hour limit.
* Pricing & Equity: Drink prices must apply equally to all patrons (e.g., no "ladies' nights" or costume-based discounts). Single drink prices cannot be tied to conditions or increased alcoholic content without a proportional price change.
* Prohibited Promotions: Unlimited drinks, multi-drink specials (like 2-for-1), drinking games, contests, and free alcohol are strictly banned.
* Notice: Any promotion requires at least 7 days of public notice.
* Permitted Additions: Businesses may offer free food and entertainment at any time, or bundle food and alcohol into a single meal package.
Section 3-3-12:3.2 of the Naperville Municipal Code ("Code") establishes...
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