093_HB0741sam002

 










                                     LRB093 05424 EFG 15464 a

 1                     AMENDMENT TO HOUSE BILL 741

 2        AMENDMENT NO.     .  Amend House Bill  741,  AS  AMENDED,
 3    with  reference  to  the  page  and  line  numbers  of Senate
 4    Amendment No. 1, on page 1, in line  8,  by  replacing  "5-2"
 5    with "5-1, 5-2, 5-3,"; and

 6    on page 1, below line 8, by inserting the following:

 7        "(235 ILCS 5/5-1) (from Ch. 43, par. 115)
 8        Sec. 5-1.  Licenses issued by the Illinois Liquor Control
 9    Commission shall be of the following classes:
10        (a)  Manufacturer's  license  - Class 1. Distiller, Class
11    2.  Rectifier, Class 3.  Brewer, Class 4.  First  Class  Wine
12    Manufacturer,   Class  5.   Second  Class  Wine Manufacturer,
13    Class  6.  First  Class  Winemaker,  Class  7.  Second  Class
14    Winemaker, Class 8. Limited Wine Manufacturer,
15        (b)  Distributor's license,
16        (c)  Importing Distributor's license,
17        (d)  Retailer's license,
18        (e)  Special Event Retailer's license (not-for-profit),
19        (f)  Railroad license,
20        (g)  Boat license,
21        (h)  Non-Beverage User's license,
22        (i)  Wine-maker's premises license,
 
                            -2-      LRB093 05424 EFG 15464 a
 1        (j)  Airplane license,
 2        (k)  Foreign importer's license,
 3        (l)  Broker's license,
 4        (m)  Non-resident dealer's license,
 5        (n)  Brew Pub license,
 6        (o)  Auction liquor license,
 7        (p)  Caterer retailer license,
 8        (q)  Special use permit license.
 9        No person, firm, partnership, corporation, or other legal
10    business entity that is engaged in the manufacturing of  wine
11    may concurrently obtain and hold a wine-maker's license and a
12    wine manufacturer's license.
13        (a)  A    manufacturer's    license   shall   allow   the
14    manufacture, importation in bulk, storage,  distribution  and
15    sale of alcoholic liquor to persons without the State, as may
16    be  permitted  by  law  and  to  licensees  in  this State as
17    follows:
18        Class 1. A Distiller may make  sales  and  deliveries  of
19    alcoholic   liquor   to   distillers,  rectifiers,  importing
20    distributors, distributors and non-beverage users and  to  no
21    other licensees.
22        Class  2. A Rectifier, who is not a distiller, as defined
23    herein, may make sales and deliveries of alcoholic liquor  to
24    rectifiers,  importing  distributors, distributors, retailers
25    and non-beverage users and to no other licensees.
26        Class 3. A Brewer may make sales and deliveries  of  beer
27    to    importing    distributors,    distributors,    and   to
28    non-licensees, and to retailers provided the  brewer  obtains
29    an  importing  distributor's license or distributor's license
30    in accordance with the provisions of this Act.
31        Class 4. A first class wine-manufacturer may  make  sales
32    and   deliveries   of   up  to  50,000  gallons  of  wine  to
33    manufacturers, importing distributors and  distributors,  and
34    to no other licensees.
 
                            -3-      LRB093 05424 EFG 15464 a
 1        Class  5. A second class Wine manufacturer may make sales
 2    and deliveries  of  more  than  50,000  gallons  of  wine  to
 3    manufacturers, importing distributors and distributors and to
 4    no other licensees.
 5        Class  6.  A first-class wine-maker's license shall allow
 6    the manufacture of up to 50,000 gallons of wine per year, and
 7    the storage and sale of such  wine  to  distributors  in  the
 8    State  and  to persons without the State, as may be permitted
 9    by law.  A first-class wine-maker's license shall  allow  the
10    sale  of no more than 5,000 gallons of the licensee's wine to
11    retailers.   The  State  Commission  shall  issue  only   one
12    first-class   wine-maker's   license  to  any  person,  firm,
13    partnership, corporation, or other legal business entity that
14    is engaged in the making of less than 50,000 gallons of  wine
15    annually that applies for a first-class wine-maker's license.
16    No   subsidiary   or  affiliate  thereof,  nor  any  officer,
17    associate, member, partner, representative, employee,  agent,
18    or  shareholder  may  be  issued  an  additional wine-maker's
19    license by the State Commission.
20        Class 7. A second-class wine-maker's license shall  allow
21    the manufacture of between 50,000 and 100,000 gallons of wine
22    per   year,  and  the  storage  and  sale  of  such  wine  to
23    distributors in this State and to persons without the  State,
24    as  may  be  permitted  by  law.  A second-class wine-maker's
25    license shall allow the sale of no more than  10,000  gallons
26    of  the  licensee's  wine  directly  to  retailers. The State
27    Commission shall issue  only  one  second-class  wine-maker's
28    license  to  any  person,  firm, partnership, corporation, or
29    other legal business entity that is engaged in the making  of
30    less than 100,000 gallons of wine annually that applies for a
31    second-class   wine-maker's   license.    No   subsidiary  or
32    affiliate  thereof,  or  any  officer,   associate,   member,
33    partner,  representative, employee, agent, or shareholder may
34    be issued an additional wine-maker's  license  by  the  State
 
                            -4-      LRB093 05424 EFG 15464 a
 1    Commission.
 2        Class  8.  A limited wine-manufacturer may make sales and
 3    deliveries not to exceed 40,000 gallons of wine per  year  to
 4    distributors,  and  to  non-licensees  in accordance with the
 5    provisions of this Act.
 6        (a-1)  A manufacturer which is licensed in this State  to
 7    make  sales  or  deliveries  of  alcoholic  liquor  and which
 8    enlists agents, representatives, or individuals acting on its
 9    behalf who  contact  licensed  retailers  on  a  regular  and
10    continual  basis  in  this  State must register those agents,
11    representatives, or persons acting on  its  behalf  with  the
12    State Commission.
13        Registration   of  agents,  representatives,  or  persons
14    acting on behalf of a manufacturer is fulfilled by submitting
15    a form to the Commission.  The form shall be developed by the
16    Commission and shall include the  name  and  address  of  the
17    applicant, the name and address of the manufacturer he or she
18    represents,  the  territory  or  areas assigned to sell to or
19    discuss pricing terms of  alcoholic  liquor,  and  any  other
20    questions deemed appropriate and necessary. All statements in
21    the  forms  required  to  be  made by law or by rule shall be
22    deemed material, and any person who knowingly  misstates  any
23    material  fact  under  oath  in an application is guilty of a
24    Class  B  misdemeanor.    Fraud,   misrepresentation,   false
25    statements,  misleading  statements, evasions, or suppression
26    of material facts in  the  securing  of  a  registration  are
27    grounds for suspension or revocation of the registration.
28        (b)  A  distributor's  license  shall allow the wholesale
29    purchase  and  storage  of  alcoholic  liquors  and  sale  of
30    alcoholic liquors to licensees in this State and  to  persons
31    without the State, as may be permitted by law.
32        (c)  An  importing distributor's license may be issued to
33    and held by those only who are  duly  licensed  distributors,
34    upon  the  filing  of  an  application  by  a  duly  licensed
 
                            -5-      LRB093 05424 EFG 15464 a
 1    distributor,  with  the  Commission and the Commission shall,
 2    without the  payment  of  any  fee,  immediately  issue  such
 3    importing distributor's license to the applicant, which shall
 4    allow  the  importation  of  alcoholic liquor by the licensee
 5    into this State from any point in the United  States  outside
 6    this  State, and the purchase of alcoholic liquor in barrels,
 7    casks or other bulk  containers  and  the  bottling  of  such
 8    alcoholic  liquors  before resale thereof, but all bottles or
 9    containers so filled shall be sealed,  labeled,  stamped  and
10    otherwise  made  to  comply  with  all  provisions, rules and
11    regulations governing manufacturers in  the  preparation  and
12    bottling  of  alcoholic liquors.  The importing distributor's
13    license shall permit  such  licensee  to  purchase  alcoholic
14    liquor   from  Illinois  licensed  non-resident  dealers  and
15    foreign importers only.
16        An importing distributor may  be  issued  a  supplemental
17    storage  permit upon the filing of a supplemental application
18    with the State Commission. The State Commission  shall,  upon
19    the  payment  of  a  fee  of  $150,  immediately  issue  such
20    supplemental storage permit, which shall allow the storage of
21    alcoholic  beverages  at  a location other than the importing
22    distributor's licensed premises, provided sales of  alcoholic
23    beverages   are  not  made  from  such  supplemental  storage
24    location  and  such  supplemental  storage  location  is  not
25    subject to the provisions of Article VIIA  of  this  Act.  An
26    importing  distributor's supplemental storage permit shall be
27    displayed with the importing  distributor's  license  at  the
28    licensed  premises.  An importing distributor's license shall
29    allow  for  the  issuance  of  one  importing   distributor's
30    supplemental storage permit.
31        (d)  A  retailer's  license  shall  allow the licensee to
32    sell and offer for sale  at  retail,  only  in  the  premises
33    specified  in  such  license,  alcoholic  liquor  for  use or
34    consumption, but not for resale in any  form:  Provided  that
 
                            -6-      LRB093 05424 EFG 15464 a
 1    any retail license issued to a manufacturer shall only permit
 2    such  manufacturer  to  sell  beer  at retail on the premises
 3    actually occupied by such manufacturer.
 4        After January  1,  1995  there  shall  be  2  classes  of
 5    licenses issued under a retailers license.
 6             (1)  A  "retailers  on  premise consumption license"
 7        shall allow the licensee to sell and offer  for  sale  at
 8        retail,  only  on  the premises specified in the license,
 9        alcoholic liquor for use or consumption on  the  premises
10        or  on  and  off  the premises, but not for resale in any
11        form.
12             (2)  An "off premise sale license" shall  allow  the
13        licensee  to sell, or offer for sale at retail, alcoholic
14        liquor intended only for off premise consumption and  not
15        for resale in any form.
16        Notwithstanding  any  other  provision of this subsection
17    (d), a retail  licensee  may  sell  alcoholic  liquors  to  a
18    special  event  retailer  licensee  for  resale to the extent
19    permitted under subsection (e).
20        (e)  A special event retailer's license  (not-for-profit)
21    shall  permit the licensee to purchase alcoholic liquors from
22    an  Illinois  licensed   distributor  (unless  the   licensee
23    purchases less than $500 of alcoholic liquors for the special
24    event,  in which case the licensee may purchase the alcoholic
25    liquors  from  a  licensed  retailer)  and  shall  allow  the
26    licensee to sell and offer for  sale,  at  retail,  alcoholic
27    liquors  for  use  or  consumption, but not for resale in any
28    form and only at the  location  and  on  the  specific  dates
29    designated   for  the  special  event  in  the  license.   An
30    applicant for a  special  event  retailer  license  must  (i)
31    furnish  with  the  application:   (A) a resale number issued
32    under Section 2c of the  Retailers'  Occupation  Tax  Act  or
33    evidence that the applicant is registered under Section 2a of
34    the  Retailers'  Occupation  Tax  Act,  (B)  a current, valid
 
                            -7-      LRB093 05424 EFG 15464 a
 1    exemption identification number issued under  Section  1g  of
 2    the Retailers' Occupation Tax Act, and a certification to the
 3    Commission  that  the purchase of alcoholic liquors will be a
 4    tax-exempt purchase, or (C) a statement that the applicant is
 5    not registered under Section 2a of the Retailers'  Occupation
 6    Tax  Act,  does  not hold a resale number under Section 2c of
 7    the Retailers' Occupation Tax  Act,  and  does  not  hold  an
 8    exemption   number   under   Section  1g  of  the  Retailers'
 9    Occupation Tax Act, in which event the Commission  shall  set
10    forth  on the special event retailer's license a statement to
11    that  effect;  (ii)  submit  with   the   application   proof
12    satisfactory  to the State Commission that the applicant will
13    provide dram shop liability insurance in the maximum  limits;
14    and  (iii)  show  proof  satisfactory to the State Commission
15    that the applicant has obtained local authority approval.
16        (f)  A railroad license  shall  permit  the  licensee  to
17    import  alcoholic  liquors  into this State from any point in
18    the United States  outside  this  State  and  to  store  such
19    alcoholic  liquors in this State; to make wholesale purchases
20    of alcoholic liquors  directly  from  manufacturers,  foreign
21    importers,   distributors  and  importing  distributors  from
22    within or outside this State; and  to  store  such  alcoholic
23    liquors  in this State; provided that the above powers may be
24    exercised only in connection with the  importation,  purchase
25    or  storage of alcoholic liquors to be sold or dispensed on a
26    club, buffet, lounge or dining car operated on  an  electric,
27    gas  or  steam  railway  in this State; and provided further,
28    that railroad licensees exercising the above powers shall  be
29    subject  to  all  provisions  of  Article VIII of this Act as
30    applied to importing distributors.  A railroad license  shall
31    also  permit  the  licensee  to  sell  or  dispense alcoholic
32    liquors on any club, buffet, lounge or dining car operated on
33    an electric, gas or steam railway  regularly  operated  by  a
34    common  carrier  in this State, but shall not permit the sale
 
                            -8-      LRB093 05424 EFG 15464 a
 1    for resale of any alcoholic liquors to  any  licensee  within
 2    this  State.   A  license  shall  be obtained for each car in
 3    which such sales are made.
 4        (g)  A boat license shall allow  the  sale  of  alcoholic
 5    liquor  in individual drinks, on any passenger boat regularly
 6    operated as a common carrier  on  navigable  waters  in  this
 7    State  or  on  any  riverboat  operated  under  the Riverboat
 8    Gambling Act, which boat  or  riverboat  maintains  a  public
 9    dining room or restaurant thereon.
10        (h)  A   non-beverage  user's  license  shall  allow  the
11    licensee  to  purchase  alcoholic  liquor  from  a   licensed
12    manufacturer or importing distributor, without the imposition
13    of any tax upon the business of such licensed manufacturer or
14    importing  distributor as to such alcoholic liquor to be used
15    by such licensee solely for  the  non-beverage  purposes  set
16    forth  in subsection (a) of Section 8-1 of this Act, and such
17    licenses shall be divided and classified and shall permit the
18    purchase, possession and use of limited and stated quantities
19    of alcoholic liquor as follows:
20    Class 1, not to exceed .......................    500 gallons
21    Class 2, not to exceed .......................  1,000 gallons
22    Class 3, not to exceed .......................  5,000 gallons
23    Class 4, not to exceed ....................... 10,000 gallons
24    Class 5, not to exceed ....................... 50,000 gallons
25        (i)  A  wine-maker's  premises  license  shall  allow   a
26    licensee  that  concurrently holds a first-class wine-maker's
27    license to sell and offer for sale at retail in the  premises
28    specified in such license not more than 50,000 gallons of the
29    first-class wine-maker's wine that is made at the first-class
30    wine-maker's   licensed   premises   per   year  for  use  or
31    consumption, but not for resale in any form.  A  wine-maker's
32    premises  license  shall  allow  a  licensee who concurrently
33    holds a second-class wine-maker's license to sell  and  offer
34    for  sale at retail in the premises specified in such license
 
                            -9-      LRB093 05424 EFG 15464 a
 1    up to 100,000 gallons of the second-class  wine-maker's  wine
 2    that  is  made  at  the  second-class  wine-maker's  licensed
 3    premises  per  year for use or consumption but not for resale
 4    in any form.  Upon approval  from  the  State  Commission,  a
 5    wine-maker's  premises  license  shall  allow the licensee to
 6    sell and offer for sale  at  (i)  the  wine-maker's  licensed
 7    premises and (ii) at up to 2 additional locations for use and
 8    consumption  and not for resale.  Each location shall require
 9    additional licensing per location as specified in Section 5-3
10    of this Act.
11        (j)  An airplane license shall  permit  the  licensee  to
12    import  alcoholic  liquors  into this State from any point in
13    the United States  outside  this  State  and  to  store  such
14    alcoholic  liquors in this State; to make wholesale purchases
15    of alcoholic liquors  directly  from  manufacturers,  foreign
16    importers,   distributors  and  importing  distributors  from
17    within or outside this State; and  to  store  such  alcoholic
18    liquors  in this State; provided that the above powers may be
19    exercised only in connection with the  importation,  purchase
20    or storage of alcoholic liquors to be sold or dispensed on an
21    airplane;  and  provided  further,  that  airplane  licensees
22    exercising   the   above  powers  shall  be  subject  to  all
23    provisions  of  Article  VIII  of  this  Act  as  applied  to
24    importing distributors.   An  airplane  licensee  shall  also
25    permit  the  sale  or  dispensing of alcoholic liquors on any
26    passenger airplane regularly operated by a common carrier  in
27    this  State,  but shall not permit the sale for resale of any
28    alcoholic liquors to  any  licensee  within  this  State.   A
29    single  airplane  license  shall  be  required  of an airline
30    company if liquor service is provided on  board  aircraft  in
31    this  State.   The  annual  fee  for such license shall be as
32    determined in Section 5-3.
33        (k)  A  foreign  importer's  license  shall  permit  such
34    licensee to purchase alcoholic liquor from Illinois  licensed
 
                            -10-     LRB093 05424 EFG 15464 a
 1    non-resident  dealers  only,  and  to import alcoholic liquor
 2    other than in bulk from any point outside the  United  States
 3    and  to  sell  such  alcoholic  liquor  to  Illinois licensed
 4    importing distributors  and  to  no  one  else  in  Illinois;
 5    provided  that  the foreign importer registers with the State
 6    Commission every brand of alcoholic liquor that  it  proposes
 7    to  sell  to Illinois licensees during the license period and
 8    provided further that the foreign importer complies with  all
 9    of  the provisions of Section 6-9 of this Act with respect to
10    registration of such Illinois licensees as may be granted the
11    right to sell such brands at wholesale.
12        (l) (i)  A broker's license  shall  be  required  of  all
13    persons  who  solicit  orders  for, offer to sell or offer to
14    supply  alcoholic  liquor  to  retailers  in  the  State   of
15    Illinois,  or  who  offer to retailers to ship or cause to be
16    shipped or  to  make  contact  with  distillers,  rectifiers,
17    brewers or manufacturers or any other party within or without
18    the  State  of  Illinois  in  order that alcoholic liquors be
19    shipped to a distributor, importing  distributor  or  foreign
20    importer,  whether  such solicitation or offer is consummated
21    within or without the State of Illinois.
22        No holder of a retailer's license issued by the  Illinois
23    Liquor  Control  Commission  shall  purchase  or  receive any
24    alcoholic liquor,  the  order  for  which  was  solicited  or
25    offered  for  sale  to  such  retailer by a broker unless the
26    broker is the holder of a valid broker's license.
27        The broker shall, upon the acceptance by  a  retailer  of
28    the  broker's  solicitation  of  an order or offer to sell or
29    supply  or  deliver  or  have  delivered  alcoholic  liquors,
30    promptly forward to the Illinois Liquor Control Commission  a
31    notification   of  said  transaction  in  such  form  as  the
32    Commission may by regulations prescribe.
33        (ii)  A broker's license shall be required  of  a  person
34    within  this  State, other than a retail licensee, who, for a
 
                            -11-     LRB093 05424 EFG 15464 a
 1    fee or commission, promotes, solicits, or accepts orders  for
 2    alcoholic  liquor, for use or consumption and not for resale,
 3    to be shipped from this  State  and  delivered  to  residents
 4    outside  of this State by an express company, common carrier,
 5    or contract carrier. This  Section  does  not  apply  to  any
 6    person  who promotes, solicits, or accepts orders for wine as
 7    specifically authorized in Section 6-29 of this Act.
 8        A broker's license under this subsection  (1)  shall  not
 9    entitle  the  holder to buy or sell any alcoholic liquors for
10    his own account or to take or deliver title to such alcoholic
11    liquors.
12        This subsection (1)  shall  not  apply  to  distributors,
13    employees of distributors, or employees of a manufacturer who
14    has  registered the trademark, brand or name of the alcoholic
15    liquor pursuant to Section 6-9 of this Act, and who regularly
16    sells such alcoholic liquor in the State of Illinois only  to
17    its registrants thereunder.
18        Any   agent,   representative,   or   person  subject  to
19    registration pursuant to subsection  (a-1)  of  this  Section
20    shall not be eligible to receive a broker's license.
21        (m)  A  non-resident  dealer's  license shall permit such
22    licensee to ship into and  warehouse  alcoholic  liquor  into
23    this  State from any point outside of this State, and to sell
24    such alcoholic liquor to Illinois licensed foreign  importers
25    and  importing distributors and to no one else in this State;
26    provided that said non-resident dealer  shall  register  with
27    the  Illinois  Liquor Control Commission each and every brand
28    of alcoholic liquor which it proposes  to  sell  to  Illinois
29    licensees  during  the  license  period; and further provided
30    that it shall comply with all of the  provisions  of  Section
31    6-9  hereof  with  respect  to  registration of such Illinois
32    licensees as may be granted the right to sell such brands  at
33    wholesale.
34        (n)  A  brew  pub  license  shall  allow  the licensee to
 
                            -12-     LRB093 05424 EFG 15464 a
 1    manufacture beer  only  on  the  premises  specified  in  the
 2    license,  to  make  sales  of  the  beer  manufactured on the
 3    premises to  importing  distributors,  distributors,  and  to
 4    non-licensees for use and consumption, to store the beer upon
 5    the  premises,  and to sell and offer for sale at retail from
 6    the licensed premises, provided  that  a  brew  pub  licensee
 7    shall  not sell for off-premises consumption more than 50,000
 8    gallons per year.
 9        (o)  A caterer retailer license shall allow the holder to
10    serve alcoholic liquors as  an  incidental  part  of  a  food
11    service that serves prepared meals which excludes the serving
12    of  snacks as the primary meal, either on or off-site whether
13    licensed or unlicensed.
14        (p)  An auction liquor license shall allow  the  licensee
15    to  sell  and  offer for sale at auction wine and spirits for
16    use or consumption, or  for  resale  by  an  Illinois  liquor
17    licensee  in  accordance  with  provisions  of  this Act.  An
18    auction liquor license will be issued to a person and it will
19    permit the  auction  liquor  licensee  to  hold  the  auction
20    anywhere  in  the  State.   An auction liquor license must be
21    obtained for each auction at least 14 days in advance of  the
22    auction date.
23        (q)  A special use permit license shall allow an Illinois
24    licensed  retailer  to  transfer  a  portion of its alcoholic
25    liquor inventory from its retail  licensed  premises  to  the
26    premises specified in the license hereby created, and to sell
27    or  offer  for sale at retail, only in the premises specified
28    in the license  hereby  created,  the  transferred  alcoholic
29    liquor  for  use  or  consumption,  but not for resale in any
30    form.  A special use permit license may be  granted  for  the
31    following  time periods: one day or less; 2 or more days to a
32    maximum of 15 days per location in any 12 month  period.   An
33    applicant for the special use permit license must also submit
34    with   the   application  proof  satisfactory  to  the  State
 
                            -13-     LRB093 05424 EFG 15464 a
 1    Commission  that  the  applicant  will  provide   dram   shop
 2    liability  insurance  to  the  maximum  limits and have local
 3    authority approval.
 4    (Source: P.A. 91-357,  eff.  7-29-99;  92-105,  eff.  1-1-02;
 5    92-378,  eff.  8-16-01;  92-651,  eff.  7-11-02; 92-672, eff.
 6    7-16-02.)"; and

 7    on page 2, below line 8, by inserting the following:

 8        "(235 ILCS 5/5-3) (from Ch. 43, par. 118)
 9        Sec. 5-3.  License and permit fees.  Except as  otherwise
10    provided herein, at the time application is made to the State
11    Commission  for  a  license  or  permit  of  any  class,  the
12    applicant   shall   pay  to  the  State  Commission  the  fee
13    hereinafter provided  for  the  kind  of  license  or  permit
14    applied for.
15        The  fee  for  licenses  and  permits issued by the State
16    Commission shall be as follows:
17        For a manufacturer's license:
18        Class 1. Distiller ...........................     $3,600
19        Class 2. Rectifier ...........................      3,600
20        Class 3. Brewer ..............................        900
21        Class 4. First-class Wine Manufacturer .......        600
22        Class 5. Second-class
23             Wine Manufacturer .......................      1,200
24        Class 6. First-class wine-maker ..............        600
25        Class 7. Second-class wine-maker .............       1200
26        Class 8.  Limited Wine Manufacturer...........        120
27        For a Brew Pub License .......................      1,050
28        For a caterer retailer's license..............        200
29        For a foreign importer's license .............         25
30        For an importing distributor's license .......         25
31        For an importing distributor's
32             supplemental storage permit..............        150
33        For a distributor's license ..................        270
 
                            -14-     LRB093 05424 EFG 15464 a
 1        For a non-resident dealer's license
 2             (500,000 gallons or over) ...............        270
 3        For a non-resident dealer's license
 4             (under 500,000 gallons) .................         90
 5        For a wine-maker's premises license ..........        100
 6        For a wine-maker's premises license,
 7             second location .........................        350
 8        For a wine-maker's premises license,
 9             third location ..........................        350
10        For a retailer's license .....................        175
11        For a special event retailer's license,
12             (not-for-profit) ........................         25
13        For a special use permit license,
14             one day only ............................         50
15             2 days or more ..........................        100
16        For a railroad license .......................         60
17        For a boat license ...........................        180
18        For an airplane license, times the
19             licensee's maximum number of aircraft
20             in flight, serving liquor over the
21             State at any given time, which either
22             originate, terminate, or make
23             an intermediate stop in the State .......         60
24        For a non-beverage user's license:
25             Class 1 .................................         24
26             Class 2 .................................         60
27             Class 3 .................................        120
28             Class 4 .................................        240
29             Class 5 .................................        600
30        For a broker's license .......................        600
31        For an auction liquor license ................         50
32        Fees collected under this Section shall be paid into  the
33    Dram  Shop  Fund.   Beginning June 30, 1990 and on June 30 of
34    each subsequent year, any balance over  $5,000,000  remaining
 
                            -15-     LRB093 05424 EFG 15464 a
 1    in  the  Dram  Shop  Fund  shall  be credited to State liquor
 2    licensees and applied against their  fees  for  State  liquor
 3    licenses  and  permits  for  the  following year.  The amount
 4    credited to each  licensee  shall  be  a  proportion  of  the
 5    balance  in  the Dram Fund that is the same as the proportion
 6    of the license and permit fees fee paid by the licensee under
 7    this  Section  for  the  period  in  which  the  balance  was
 8    accumulated to the  aggregate  fees  paid  by  all  licensees
 9    during that period.
10        No  fee  shall  be  paid for licenses issued by the State
11    Commission to the following non-beverage users:
12             (a)  Hospitals, sanitariums, or clinics  when  their
13        use   of   alcoholic  liquor  is  exclusively  medicinal,
14        mechanical or scientific.
15             (b)  Universities, colleges of learning  or  schools
16        when   their  use  of  alcoholic  liquor  is  exclusively
17        medicinal, mechanical or scientific.
18             (c)  Laboratories when their use is exclusively  for
19        the purpose of scientific research.
20    (Source:  P.A.  91-25,  eff.  6-9-99;  91-357,  eff. 7-29-99;
21    92-378, eff. 8-16-01.)"; and

22    on page 16, below line 24, by inserting the following:

23        "Section 99.  Effective date.  This Act takes effect upon
24    becoming law.".