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| | SB1782 Engrossed | | LRB097 06715 ASK 46802 b |
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1 | | AN ACT concerning liquor.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Liquor Control Act of 1934 is amended by |
5 | | changing Section 6-4 as follows:
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6 | | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
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7 | | Sec. 6-4. (a) No person licensed by any licensing authority |
8 | | as a
distiller, or a wine manufacturer, or any subsidiary or |
9 | | affiliate
thereof, or any officer, associate, member, partner, |
10 | | representative,
employee, agent or shareholder owning more |
11 | | than 5% of the outstanding
shares of such person shall be |
12 | | issued an importing distributor's or
distributor's license, |
13 | | nor shall any person licensed by any licensing
authority as an |
14 | | importing distributor, distributor or retailer, or any
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15 | | subsidiary or affiliate thereof, or any officer or associate, |
16 | | member,
partner, representative, employee, agent or |
17 | | shareholder owning more than
5% of the outstanding shares of |
18 | | such person be issued a distiller's
license or a wine |
19 | | manufacturer's license; and no person or persons
licensed as a |
20 | | distiller by any licensing authority shall have any
interest, |
21 | | directly or indirectly, with such distributor or importing
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22 | | distributor.
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23 | | However, an importing distributor or distributor, which on |
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1 | | January
1, 1985 is owned by a brewer, or any subsidiary or |
2 | | affiliate thereof or any
officer, associate, member, partner, |
3 | | representative, employee, agent or
shareholder owning more |
4 | | than 5% of the outstanding shares of the importing
distributor |
5 | | or distributor referred to in this paragraph, may own or
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6 | | acquire an ownership interest of more than 5% of the |
7 | | outstanding shares of
a wine manufacturer and be issued a wine
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8 | | manufacturer's license by any licensing authority.
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9 | | (b) The foregoing provisions shall not apply to any person |
10 | | licensed
by any licensing authority as a distiller or wine |
11 | | manufacturer, or to
any subsidiary or affiliate of any |
12 | | distiller or wine manufacturer who
shall have been heretofore |
13 | | licensed by the State Commission as either an
importing |
14 | | distributor or distributor during the annual licensing period
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15 | | expiring June 30, 1947, and shall actually have made sales |
16 | | regularly to
retailers.
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17 | | (c) Provided, however, that in such instances where a |
18 | | distributor's
or importing distributor's license has been |
19 | | issued to any distiller or
wine manufacturer or to any |
20 | | subsidiary or affiliate of any distiller or
wine manufacturer |
21 | | who has, during the licensing period ending June 30,
1947, sold |
22 | | or distributed as such licensed distributor or importing
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23 | | distributor alcoholic liquors and wines to retailers, such |
24 | | distiller or
wine manufacturer or any subsidiary or affiliate |
25 | | of any distiller or
wine manufacturer holding such |
26 | | distributor's or importing distributor's
license may continue |
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1 | | to sell or distribute to retailers such alcoholic
liquors and |
2 | | wines which are manufactured, distilled, processed or
marketed |
3 | | by distillers and wine manufacturers whose products it sold or
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4 | | distributed to retailers during the whole or any part of its |
5 | | licensing
periods; and such additional brands and additional |
6 | | products may be added
to the line of such distributor or |
7 | | importing distributor, provided, that
such brands and such |
8 | | products were not sold or distributed by any
distributor or |
9 | | importing distributor licensed by the State Commission
during |
10 | | the licensing period ending June 30, 1947, but can not sell or
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11 | | distribute to retailers any other alcoholic liquors or wines.
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12 | | (d) It shall be unlawful for any distiller licensed |
13 | | anywhere to have
any stock ownership or interest in any |
14 | | distributor's or importing
distributor's license wherein any |
15 | | other person has an interest therein
who is not a distiller and |
16 | | does not own more than 5% of any stock in any
distillery. |
17 | | Nothing herein contained shall apply to such distillers or
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18 | | their subsidiaries or affiliates, who had a distributor's or |
19 | | importing
distributor's license during the licensing period |
20 | | ending June 30, 1947,
which license was owned in whole by such |
21 | | distiller, or subsidiaries or
affiliates of such distiller.
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22 | | (e) Any person having been licensed as a manufacturer shall |
23 | | be
permitted to receive one retailer's license for the premises |
24 | | in which he
or she actually conducts such business, permitting |
25 | | only the retail sale of beer manufactured at such premises and |
26 | | only on
such premises, but no such person shall be entitled to |
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1 | | more than one
retailer's license in any event, and, other than |
2 | | a manufacturer of beer
as stated above, no manufacturer or |
3 | | distributor or importing
distributor, excluding airplane |
4 | | licensees exercising powers provided in
paragraph (i) of |
5 | | Section 5-1 of this Act, or any subsidiary or affiliate
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6 | | thereof, or any officer,
associate, member, partner, |
7 | | representative, employee or agent, or
shareholder shall be |
8 | | issued a retailer's license, nor shall any person
having a |
9 | | retailer's license, excluding airplane licensees exercising |
10 | | powers
provided in paragraph (i) of Section 5-1 of this
Act, or |
11 | | any subsidiary or affiliate thereof, or
any officer, associate, |
12 | | member, partner, representative or agent, or
shareholder be |
13 | | issued a manufacturer's license or importing distributor's
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14 | | license.
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15 | | A person licensed as a craft distiller not affiliated with |
16 | | any other person manufacturing spirits may be permitted to |
17 | | receive one retailer's license for the premises in which he or |
18 | | she actually conducts business permitting only the retail sale |
19 | | of spirits manufactured at such premises. Such sales shall be |
20 | | limited to on-premises, in-person sales only, for lawful |
21 | | consumption on or off premises. A craft distiller licensed for |
22 | | retail sale shall secure liquor liability insurance coverage in |
23 | | an amount at least equal to the maximum liability amounts set |
24 | | forth in subsection (a) of Section 6-21 of this Act. |
25 | | (f) However, the foregoing prohibitions against any person |
26 | | licensed as
a distiller or wine manufacturer being issued a |
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1 | | retailer's license shall not apply:
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2 | | (i) to any hotel, motel or restaurant whose principal |
3 | | business is not
the sale of alcoholic liquors if said |
4 | | retailer's sales of any alcoholic
liquors manufactured, |
5 | | sold, distributed or controlled, directly or
indirectly, |
6 | | by any affiliate, subsidiary, officer, associate, member,
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7 | | partner, representative, employee, agent or shareholder |
8 | | owning more than 5%
of the outstanding shares of such |
9 | | person does not exceed
10% of the total alcoholic liquor |
10 | | sales of said retail licensee; and
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11 | | (ii) where the Commission determines, having |
12 | | considered the public
welfare, the economic impact upon the |
13 | | State and the entirety of the facts
and circumstances |
14 | | involved, that the purpose and intent of this Section
would |
15 | | not be violated by granting an exemption.
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16 | | (g) Notwithstanding any of the foregoing prohibitions, a |
17 | | limited wine
manufacturer may sell at retail at its |
18 | | manufacturing site for on or off
premises consumption and may |
19 | | sell to distributors. A limited wine manufacturer licensee
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20 | | shall secure liquor liability insurance coverage in an amount
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21 | | at least equal to the maximum liability amounts set forth in
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22 | | subsection (a) of Section 6-21 of this Act.
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23 | | (Source: P.A. 95-634, eff. 6-1-08; 96-1367, eff. 7-28-10.)
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24 | | Section 99. Effective date. This Act takes effect upon |
25 | | becoming law.
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