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92_HB5684ham001
LRB9214032EGfgam01
1 AMENDMENT TO HOUSE BILL 5684
2 AMENDMENT NO. . Amend House Bill 5684 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Liquor Control Act of 1934 is amended by
5 changing Section 5-1 as follows:
6 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
7 Sec. 5-1. Licenses. Licenses issued by the Illinois
8 Liquor Control Commission shall be of the following classes:
9 (a) Manufacturer's license - Class 1. Distiller, Class
10 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
11 Manufacturer, Class 5. Second Class Wine Manufacturer,
12 Class 6. First Class Winemaker, Class 7. Second Class
13 Winemaker, Class 8. Limited Wine Manufacturer,
14 (b) Distributor's license,
15 (c) Importing Distributor's license,
16 (d) Retailer's license,
17 (e) Special Event Retailer's license (not-for-profit),
18 (f) Railroad license,
19 (g) Boat license,
20 (h) Non-Beverage User's license,
21 (i) Wine-maker's premises license,
22 (j) Airplane license,
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1 (k) Foreign importer's license,
2 (l) Broker's license,
3 (m) Non-resident dealer's license,
4 (n) Brew Pub license,
5 (o) Auction liquor license,
6 (p) Caterer retailer license,
7 (q) Special use permit license.
8 No person, firm, partnership, corporation, or other legal
9 business entity that is engaged in the manufacturing of wine
10 may concurrently obtain and hold a wine-maker's license and a
11 wine manufacturer's license.
12 (a) A manufacturer's license shall allow the
13 manufacture, importation in bulk, storage, distribution and
14 sale of alcoholic liquor to persons without the State, as may
15 be permitted by law and to licensees in this State as
16 follows:
17 Class 1. A Distiller may make sales and deliveries of
18 alcoholic liquor to distillers, rectifiers, importing
19 distributors, distributors and non-beverage users and to no
20 other licensees.
21 Class 2. A Rectifier, who is not a distiller, as defined
22 herein, may make sales and deliveries of alcoholic liquor to
23 rectifiers, importing distributors, distributors, retailers
24 and non-beverage users and to no other licensees.
25 Class 3. A Brewer may make sales and deliveries of beer
26 to importing distributors, distributors, and to
27 non-licensees, and to retailers provided the brewer obtains
28 an importing distributor's license or distributor's license
29 in accordance with the provisions of this Act.
30 Class 4. A first class wine-manufacturer may make sales
31 and deliveries of up to 50,000 gallons of wine to
32 manufacturers, importing distributors and distributors, and
33 to no other licensees.
34 Class 5. A second class Wine manufacturer may make sales
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1 and deliveries of more than 50,000 gallons of wine to
2 manufacturers, importing distributors and distributors and to
3 no other licensees.
4 Class 6. A first-class wine-maker's license shall allow
5 the manufacture of up to 50,000 gallons of wine per year, and
6 the storage and sale of such wine to distributors in the
7 State and to persons without the State, as may be permitted
8 by law. A first-class wine-maker's license shall allow the
9 sale of no more than 5,000 gallons of the licensee's wine to
10 retailers. The State Commission shall issue only one
11 first-class wine-maker's license to any person, firm,
12 partnership, corporation, or other legal business entity that
13 is engaged in the making of less than 50,000 gallons of wine
14 annually that applies for a first-class wine-maker's license.
15 No subsidiary or affiliate thereof, nor any officer,
16 associate, member, partner, representative, employee, agent,
17 or shareholder may be issued an additional wine-maker's
18 license by the State Commission.
19 Class 7. A second-class wine-maker's license shall allow
20 the manufacture of between 50,000 and 100,000 gallons of wine
21 per year, and the storage and sale of such wine to
22 distributors in this State and to persons without the State,
23 as may be permitted by law. A second-class wine-maker's
24 license shall allow the sale of no more than 10,000 gallons
25 of the licensee's wine directly to retailers. The State
26 Commission shall issue only one second-class wine-maker's
27 license to any person, firm, partnership, corporation, or
28 other legal business entity that is engaged in the making of
29 less than 100,000 gallons of wine annually that applies for a
30 second-class wine-maker's license. No subsidiary or
31 affiliate thereof, or any officer, associate, member,
32 partner, representative, employee, agent, or shareholder may
33 be issued an additional wine-maker's license by the State
34 Commission.
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1 Class 8. A limited wine-manufacturer may make sales and
2 deliveries not to exceed 40,000 gallons of wine per year to
3 distributors, and to non-licensees in accordance with the
4 provisions of this Act.
5 (a-1) A manufacturer which is licensed in this State to
6 make sales or deliveries of alcoholic liquor and which
7 enlists agents, representatives, or individuals acting on its
8 behalf who contact licensed retailers on a regular and
9 continual basis in this State must register those agents,
10 representatives, or persons acting on its behalf with the
11 State Commission.
12 Registration of agents, representatives, or persons
13 acting on behalf of a manufacturer is fulfilled by submitting
14 a form to the Commission. The form shall be developed by the
15 Commission and shall include the name and address of the
16 applicant, the name and address of the manufacturer he or she
17 represents, the territory or areas assigned to sell to or
18 discuss pricing terms of alcoholic liquor, and any other
19 questions deemed appropriate and necessary. All statements in
20 the forms required to be made by law or by rule shall be
21 deemed material, and any person who knowingly misstates any
22 material fact under oath in an application is guilty of a
23 Class B misdemeanor. Fraud, misrepresentation, false
24 statements, misleading statements, evasions, or suppression
25 of material facts in the securing of a registration are
26 grounds for suspension or revocation of the registration.
27 (b) A distributor's license shall allow the wholesale
28 purchase and storage of alcoholic liquors and sale of
29 alcoholic liquors to licensees in this State and to persons
30 without the State, as may be permitted by law.
31 (c) An importing distributor's license may be issued to
32 and held by those only who are duly licensed distributors,
33 upon the filing of an application by a duly licensed
34 distributor, with the Commission and the Commission shall,
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1 without the payment of any fee, immediately issue such
2 importing distributor's license to the applicant, which shall
3 allow the importation of alcoholic liquor by the licensee
4 into this State from any point in the United States outside
5 this State, and the purchase of alcoholic liquor in barrels,
6 casks or other bulk containers and the bottling of such
7 alcoholic liquors before resale thereof, but all bottles or
8 containers so filled shall be sealed, labeled, stamped and
9 otherwise made to comply with all provisions, rules and
10 regulations governing manufacturers in the preparation and
11 bottling of alcoholic liquors. The importing distributor's
12 license shall permit such licensee to purchase alcoholic
13 liquor from Illinois licensed non-resident dealers and
14 foreign importers only.
15 (d) A retailer's license shall allow the licensee to
16 sell and offer for sale at retail, only in the premises
17 specified in such license, alcoholic liquor for use or
18 consumption, but not for resale in any form: Provided that
19 any retail license issued to a manufacturer shall only permit
20 such manufacturer to sell beer at retail on the premises
21 actually occupied by such manufacturer.
22 After January 1, 1995 there shall be 2 classes of
23 licenses issued under a retailers license.
24 (1) A "retailers on premise consumption license"
25 shall allow the licensee to sell and offer for sale at
26 retail, only on the premises specified in the license,
27 alcoholic liquor for use or consumption on the premises
28 or on and off the premises, but not for resale in any
29 form.
30 (2) An "off premise sale license" shall allow the
31 licensee to sell, or offer for sale at retail, alcoholic
32 liquor intended only for off premise consumption and not
33 for resale in any form.
34 Notwithstanding any other provision of this subsection
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1 (d), a retail licensee may sell alcoholic liquors to a
2 special event retailer licensee for resale to the extent
3 permitted under subsection (e).
4 (e) A special event retailer's license (not-for-profit)
5 shall permit the licensee to purchase alcoholic liquors from
6 an Illinois licensed distributor (unless the licensee
7 purchases less than $500 of alcoholic liquors for the special
8 event, in which case the licensee may purchase the alcoholic
9 liquors from a licensed retailer) and shall allow the
10 licensee to sell and offer for sale, at retail, alcoholic
11 liquors for use or consumption, but not for resale in any
12 form and only at the location and on the specific dates
13 designated for the special event in the license. An
14 applicant for a special event retailer license must (i)
15 furnish with the application: (A) a resale number issued
16 under Section 2c of the Retailers' Occupation Tax Act or
17 evidence that the applicant is registered under Section 2a of
18 the Retailers' Occupation Tax Act, (B) a current, valid
19 exemption identification number issued under Section 1g of
20 the Retailers' Occupation Tax Act, and a certification to the
21 Commission that the purchase of alcoholic liquors will be a
22 tax-exempt purchase, or (C) a statement that the applicant is
23 not registered under Section 2a of the Retailers' Occupation
24 Tax Act, does not hold a resale number under Section 2c of
25 the Retailers' Occupation Tax Act, and does not hold an
26 exemption number under Section 1g of the Retailers'
27 Occupation Tax Act, in which event the Commission shall set
28 forth on the special event retailer's license a statement to
29 that effect; (ii) submit with the application proof
30 satisfactory to the State Commission that the applicant will
31 provide dram shop liability insurance in the maximum limits;
32 and (iii) show proof satisfactory to the State Commission
33 that the applicant has obtained local authority approval.
34 (f) A railroad license shall permit the licensee to
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1 import alcoholic liquors into this State from any point in
2 the United States outside this State and to store such
3 alcoholic liquors in this State; to make wholesale purchases
4 of alcoholic liquors directly from manufacturers, foreign
5 importers, distributors and importing distributors from
6 within or outside this State; and to store such alcoholic
7 liquors in this State; provided that the above powers may be
8 exercised only in connection with the importation, purchase
9 or storage of alcoholic liquors to be sold or dispensed on a
10 club, buffet, lounge or dining car operated on an electric,
11 gas or steam railway in this State; and provided further,
12 that railroad licensees exercising the above powers shall be
13 subject to all provisions of Article VIII of this Act as
14 applied to importing distributors. A railroad license shall
15 also permit the licensee to sell or dispense alcoholic
16 liquors on any club, buffet, lounge or dining car operated on
17 an electric, gas or steam railway regularly operated by a
18 common carrier in this State, but shall not permit the sale
19 for resale of any alcoholic liquors to any licensee within
20 this State. A license shall be obtained for each car in
21 which such sales are made.
22 (g) A boat license shall allow the sale of alcoholic
23 liquor in individual drinks, on any passenger boat regularly
24 operated as a common carrier on navigable waters in this
25 State, which boat maintains a public dining room or
26 restaurant thereon.
27 (h) A non-beverage user's license shall allow the
28 licensee to purchase alcoholic liquor from a licensed
29 manufacturer or importing distributor, without the imposition
30 of any tax upon the business of such licensed manufacturer or
31 importing distributor as to such alcoholic liquor to be used
32 by such licensee solely for the non-beverage purposes set
33 forth in subsection (a) of Section 8-1 of this Act, and such
34 licenses shall be divided and classified and shall permit the
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1 purchase, possession and use of limited and stated quantities
2 of alcoholic liquor as follows:
3 Class 1, not to exceed ....................... 500 gallons
4 Class 2, not to exceed ....................... 1,000 gallons
5 Class 3, not to exceed ....................... 5,000 gallons
6 Class 4, not to exceed ....................... 10,000 gallons
7 Class 5, not to exceed ....................... 50,000 gallons
8 (i) A wine-maker's premises license shall allow a
9 licensee that concurrently holds a first-class wine-maker's
10 license to sell and offer for sale at retail in the premises
11 specified in such license not more than 50,000 gallons of the
12 first-class wine-maker's wine that is made at the first-class
13 wine-maker's licensed premises per year for use or
14 consumption, but not for resale in any form. A wine-maker's
15 premises license shall allow a licensee who concurrently
16 holds a second-class wine-maker's license to sell and offer
17 for sale at retail in the premises specified in such license
18 up to 100,000 gallons of the second-class wine-maker's wine
19 that is made at the second-class wine-maker's licensed
20 premises per year for use or consumption but not for resale
21 in any form. Upon approval from the State Commission, a
22 wine-maker's premises license shall allow the licensee to
23 sell and offer for sale at (i) the wine-maker's licensed
24 premises and (ii) at up to 2 additional locations for use and
25 consumption and not for resale. Each location shall require
26 additional licensing per location as specified in Section 5-3
27 of this Act.
28 (j) An airplane license shall permit the licensee to
29 import alcoholic liquors into this State from any point in
30 the United States outside this State and to store such
31 alcoholic liquors in this State; to make wholesale purchases
32 of alcoholic liquors directly from manufacturers, foreign
33 importers, distributors and importing distributors from
34 within or outside this State; and to store such alcoholic
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1 liquors in this State; provided that the above powers may be
2 exercised only in connection with the importation, purchase
3 or storage of alcoholic liquors to be sold or dispensed on an
4 airplane; and provided further, that airplane licensees
5 exercising the above powers shall be subject to all
6 provisions of Article VIII of this Act as applied to
7 importing distributors. An airplane licensee shall also
8 permit the sale or dispensing of alcoholic liquors on any
9 passenger airplane regularly operated by a common carrier in
10 this State, but shall not permit the sale for resale of any
11 alcoholic liquors to any licensee within this State. A
12 single airplane license shall be required of an airline
13 company if liquor service is provided on board aircraft in
14 this State. The annual fee for such license shall be as
15 determined in Section 5-3.
16 (k) A foreign importer's license shall permit such
17 licensee to purchase alcoholic liquor from Illinois licensed
18 non-resident dealers only, and to import alcoholic liquor
19 other than in bulk from any point outside the United States
20 and to sell such alcoholic liquor to Illinois licensed
21 importing distributors and to no one else in Illinois;
22 provided that the foreign importer registers with the State
23 Commission every brand of alcoholic liquor that it proposes
24 to sell to Illinois licensees during the license period and
25 provided further that the foreign importer complies with all
26 of the provisions of Section 6-9 of this Act with respect to
27 registration of such Illinois licensees as may be granted the
28 right to sell such brands at wholesale.
29 (l) (i) A broker's license shall be required of all
30 persons who solicit orders for, offer to sell or offer to
31 supply alcoholic liquor to retailers in the State of
32 Illinois, or who offer to retailers to ship or cause to be
33 shipped or to make contact with distillers, rectifiers,
34 brewers or manufacturers or any other party within or without
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1 the State of Illinois in order that alcoholic liquors be
2 shipped to a distributor, importing distributor or foreign
3 importer, whether such solicitation or offer is consummated
4 within or without the State of Illinois.
5 No holder of a retailer's license issued by the Illinois
6 Liquor Control Commission shall purchase or receive any
7 alcoholic liquor, the order for which was solicited or
8 offered for sale to such retailer by a broker unless the
9 broker is the holder of a valid broker's license.
10 The broker shall, upon the acceptance by a retailer of
11 the broker's solicitation of an order or offer to sell or
12 supply or deliver or have delivered alcoholic liquors,
13 promptly forward to the Illinois Liquor Control Commission a
14 notification of said transaction in such form as the
15 Commission may by regulations prescribe.
16 (ii) A broker's license shall be required of a person
17 within this State, other than a retail licensee, who, for a
18 fee or commission, promotes, solicits, or accepts orders for
19 alcoholic liquor, for use or consumption and not for resale,
20 to be shipped from this State and delivered to residents
21 outside of this State by an express company, common carrier,
22 or contract carrier. This Section does not apply to any
23 person who promotes, solicits, or accepts orders for wine as
24 specifically authorized in Section 6-29 of this Act.
25 A broker's license under this subsection (1) shall not
26 entitle the holder to buy or sell any alcoholic liquors for
27 his own account or to take or deliver title to such alcoholic
28 liquors.
29 This subsection (1) shall not apply to distributors,
30 employees of distributors, or employees of a manufacturer who
31 has registered the trademark, brand or name of the alcoholic
32 liquor pursuant to Section 6-9 of this Act, and who regularly
33 sells such alcoholic liquor in the State of Illinois only to
34 its registrants thereunder.
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1 Any agent, representative, or person subject to
2 registration pursuant to subsection (a-1) of this Section
3 shall not be eligible to receive a broker's license.
4 (m) A non-resident dealer's license shall permit such
5 licensee to ship into and warehouse alcoholic liquor into
6 this State from any point outside of this State, and to sell
7 such alcoholic liquor to Illinois licensed foreign importers
8 and importing distributors and to no one else in this State;
9 provided that said non-resident dealer shall register with
10 the Illinois Liquor Control Commission each and every brand
11 of alcoholic liquor which it proposes to sell to Illinois
12 licensees during the license period; and further provided
13 that it shall comply with all of the provisions of Section
14 6-9 hereof with respect to registration of such Illinois
15 licensees as may be granted the right to sell such brands at
16 wholesale.
17 (n) A brew pub license shall allow the licensee to
18 manufacture beer only on the premises specified in the
19 license, to make sales of the beer manufactured on the
20 premises to importing distributors, distributors, and to
21 non-licensees for use and consumption, to store the beer upon
22 the premises, and to sell and offer for sale at retail from
23 the licensed premises, provided that a brew pub licensee
24 shall not sell for off-premises consumption more than 50,000
25 gallons per year.
26 (o) A caterer retailer license shall allow the holder to
27 serve alcoholic liquors as an incidental part of a food
28 service that serves prepared meals which excludes the serving
29 of snacks as the primary meal, either on or off-site whether
30 licensed or unlicensed.
31 (p) An auction liquor license shall allow the licensee
32 to sell and offer for sale at auction wine and spirits for
33 use or consumption, or for resale by an Illinois liquor
34 licensee in accordance with provisions of this Act. An
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1 auction liquor license will be issued to a person and it will
2 permit the auction liquor licensee to hold the auction
3 anywhere in the State. An auction liquor license must be
4 obtained for each auction at least 14 days in advance of the
5 auction date.
6 (q) A special use permit license shall allow an Illinois
7 licensed retailer to transfer a portion of its alcoholic
8 liquor inventory from its retail licensed premises to the
9 premises specified in the license hereby created, and to sell
10 or offer for sale at retail, only in the premises specified
11 in the license hereby created, the transferred alcoholic
12 liquor for use or consumption, but not for resale in any
13 form. A special use permit license may be granted for the
14 following time periods: one day or less; 2 or more days to a
15 maximum of 15 days per location in any 12 month period. An
16 applicant for the special use permit license must also submit
17 with the application proof satisfactory to the State
18 Commission that the applicant will provide dram shop
19 liability insurance to the maximum limits and have local
20 authority approval.
21 (Source: P.A. 91-357, eff. 7-29-99; 92-105, eff. 1-1-02;
22 92-378, eff. 8-16-01; revised 10-10-01.)".