Public Act 097-0606
 
SB1782 EnrolledLRB097 06715 ASK 46802 b

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