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1 | AN ACT in relation to alcoholic 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 5-1 as follows:
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6 | (235 ILCS 5/5-1) (from Ch. 43, par. 115)
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7 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
8 | Commission
shall be of the following classes:
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9 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
10 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
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11 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||
12 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||
13 | 8.
Limited Wine Manufacturer,
| ||||||
14 | (b) Distributor's license,
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15 | (c) Importing Distributor's license,
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16 | (d) Retailer's license,
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17 | (e) Special Event Retailer's license (not-for-profit),
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18 | (f) Railroad license,
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19 | (g) Boat license,
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20 | (h) Non-Beverage User's license,
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21 | (i) Wine-maker's premises license,
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22 | (j) Airplane license,
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23 | (k) Foreign importer's license,
| ||||||
24 | (l) Broker's license,
| ||||||
25 | (m) Non-resident dealer's
license,
| ||||||
26 | (n) Brew Pub license,
| ||||||
27 | (o) Auction liquor license,
| ||||||
28 | (p) Caterer retailer license,
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29 | (q) Special use permit license.
| ||||||
30 | No
person, firm, partnership, corporation, or other legal | ||||||
31 | business entity that is
engaged in the manufacturing of wine | ||||||
32 | may concurrently obtain and hold a
wine-maker's license and a |
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1 | wine manufacturer's license.
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2 | (a) A manufacturer's license shall allow the manufacture,
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3 | importation in bulk, storage, distribution and sale of | ||||||
4 | alcoholic liquor
to persons without the State, as may be | ||||||
5 | permitted by law and to licensees
in this State as follows:
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6 | Class 1. A Distiller may make sales and deliveries of | ||||||
7 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
8 | distributors, distributors and
non-beverage users and to no | ||||||
9 | other licensees.
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10 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
11 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
12 | rectifiers, importing distributors,
distributors, retailers | ||||||
13 | and non-beverage users and to no other licensees.
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14 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
15 | importing
distributors, distributors, and to non-licensees, | ||||||
16 | and to
retailers provided the brewer obtains an importing | ||||||
17 | distributor's license or
distributor's license in accordance | ||||||
18 | with the provisions of this Act.
| ||||||
19 | Class 4. A first class wine-manufacturer may make sales and | ||||||
20 | deliveries of
up to 50,000 gallons of wine to manufacturers,
| ||||||
21 | importing
distributors and distributors, and to no other | ||||||
22 | licensees.
| ||||||
23 | Class 5. A second class Wine manufacturer may make sales | ||||||
24 | and deliveries
of more than 50,000 gallons of wine to | ||||||
25 | manufacturers, importing distributors
and distributors and to | ||||||
26 | no other licensees.
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27 | Class 6. A first-class wine-maker's license shall allow the | ||||||
28 | manufacture
of up to 50,000 gallons of wine per year, and the
| ||||||
29 | storage
and sale of such
wine to distributors in the State and | ||||||
30 | to persons without the
State, as may be permitted by law. A | ||||||
31 | first-class wine-maker's license shall
allow the sale of no | ||||||
32 | more than 5,000
gallons of the licensee's wine to retailers. | ||||||
33 | The State Commission shall issue
only one first-class | ||||||
34 | wine-maker's license to any person, firm, partnership,
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35 | corporation, or other legal business entity that is engaged in | ||||||
36 | the making of
less than 50,000 gallons of wine annually that |
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1 | applies for a first-class
wine-maker's license. No subsidiary | ||||||
2 | or affiliate thereof, nor any officer,
associate, member, | ||||||
3 | partner, representative, employee, agent, or shareholder may
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4 | be issued an additional wine-maker's license by the State | ||||||
5 | Commission.
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6 | Class 7. A second-class wine-maker's license shall allow | ||||||
7 | the manufacture
of between 50,000 and 100,000 gallons of wine | ||||||
8 | per year, and
the
storage and sale of such wine
to distributors | ||||||
9 | in this State and to persons without the State, as may be
| ||||||
10 | permitted by law. A second-class wine-maker's license shall | ||||||
11 | allow the sale
of
no more than 10,000 gallons of the licensee's | ||||||
12 | wine directly to retailers.
The State Commission shall issue | ||||||
13 | only one second-class wine-maker's license
to any person, firm, | ||||||
14 | partnership, corporation, or other legal business entity
that | ||||||
15 | is engaged in the making of less than 100,000 gallons of wine | ||||||
16 | annually
that applies for a second-class wine-maker's license. | ||||||
17 | No subsidiary or
affiliate thereof, or any officer, associate, | ||||||
18 | member, partner, representative,
employee, agent, or | ||||||
19 | shareholder may be issued an additional wine-maker's
license by | ||||||
20 | the State Commission.
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21 | Class 8. A limited wine-manufacturer may make sales and | ||||||
22 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
23 | distributors, and to
non-licensees in accordance with the | ||||||
24 | provisions of this Act.
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25 | (a-1) A manufacturer which is licensed in this State to | ||||||
26 | make sales or
deliveries of alcoholic liquor and which enlists | ||||||
27 | agents, representatives, or
individuals acting on its behalf | ||||||
28 | who contact licensed retailers on a regular
and continual basis | ||||||
29 | in this State must register those agents, representatives,
or | ||||||
30 | persons acting on its behalf with the State Commission.
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31 | Registration of agents, representatives, or persons acting | ||||||
32 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
33 | to the Commission. The form
shall be developed by the | ||||||
34 | Commission and shall include the name and address of
the | ||||||
35 | applicant, the name and address of the manufacturer he or she | ||||||
36 | represents,
the territory or areas assigned to sell to or |
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1 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
2 | questions deemed appropriate and necessary.
All statements in | ||||||
3 | the forms required to be made by law or by rule shall be
deemed | ||||||
4 | material, and any person who knowingly misstates any material | ||||||
5 | fact under
oath in an application is guilty of a Class B | ||||||
6 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
7 | misleading statements, evasions, or
suppression of material | ||||||
8 | facts in the securing of a registration are grounds for
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9 | suspension or revocation of the registration.
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10 | (b) A distributor's license shall allow the wholesale | ||||||
11 | purchase and storage
of alcoholic liquors and sale of alcoholic | ||||||
12 | liquors to licensees
in this State and to persons without the | ||||||
13 | State, as may be permitted by law.
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14 | (c) An importing distributor's license may be issued to and | ||||||
15 | held by
those only who are duly licensed distributors, upon the | ||||||
16 | filing of an
application by a duly licensed distributor, with | ||||||
17 | the Commission and
the Commission shall, without the
payment of | ||||||
18 | any fee, immediately issue such importing distributor's
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19 | license to the applicant, which shall allow the importation of | ||||||
20 | alcoholic
liquor by the licensee into this State from any point | ||||||
21 | in the United
States outside this State, and the purchase of | ||||||
22 | alcoholic liquor in
barrels, casks or other bulk containers and | ||||||
23 | the bottling of such
alcoholic liquors before resale thereof, | ||||||
24 | but all bottles or containers
so filled shall be sealed, | ||||||
25 | labeled, stamped and otherwise made to comply
with all | ||||||
26 | provisions, rules and regulations governing manufacturers in
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27 | the preparation and bottling of alcoholic liquors. The | ||||||
28 | importing
distributor's license shall permit such licensee to | ||||||
29 | purchase alcoholic
liquor from Illinois licensed non-resident | ||||||
30 | dealers and foreign importers only.
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31 | (d) A retailer's license shall allow the licensee to sell | ||||||
32 | and offer
for sale at retail, only in the premises specified in | ||||||
33 | the
such license,
alcoholic liquor for use or consumption, but | ||||||
34 | not for resale in any form:
Provided that any retail license | ||||||
35 | issued to a manufacturer shall only
permit the
such | ||||||
36 | manufacturer to sell beer at retail on the premises actually
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1 | occupied by the
such manufacturer. For the purpose of further | ||||||
2 | describing the type of business conducted at a retail licensed | ||||||
3 | premises, a retailer's licensee may be designated by the State | ||||||
4 | Commission as (i) an on premise consumption retailer, (ii) an | ||||||
5 | off premise sale retailer, or (iii) a combined on premise | ||||||
6 | consumption and off premise sale retailer.
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7 | After January 1, 1995 there shall be 2 classes of licenses | ||||||
8 | issued under a
retailers license.
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9 | (1) A "retailers on premise consumption license" shall | ||||||
10 | allow the licensee
to sell and offer for sale at retail, | ||||||
11 | only on the premises specified in the
license, alcoholic | ||||||
12 | liquor for use or consumption on the premises or on and off
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13 | the premises, but not for resale in any form.
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14 | (2) An "off premise sale license" shall allow the | ||||||
15 | licensee to sell, or
offer for sale at retail, alcoholic | ||||||
16 | liquor intended only for off premise
consumption and not | ||||||
17 | for resale in any form.
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18 | Notwithstanding any other provision of this subsection | ||||||
19 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
20 | event retailer licensee for
resale to the extent permitted | ||||||
21 | under subsection (e).
| ||||||
22 | (e) A special event retailer's license (not-for-profit) | ||||||
23 | shall permit the
licensee to purchase alcoholic liquors from an | ||||||
24 | Illinois licensed distributor
(unless the licensee purchases | ||||||
25 | less than $500 of alcoholic liquors for the
special event, in | ||||||
26 | which case the licensee may purchase the alcoholic liquors
from | ||||||
27 | a licensed retailer) and shall allow the licensee to sell and | ||||||
28 | offer for
sale, at retail, alcoholic liquors for use or | ||||||
29 | consumption, but not for resale
in any form and only at the | ||||||
30 | location and on the specific dates designated for
the special | ||||||
31 | event in the license. An applicant for a special event retailer
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32 | license must
(i) furnish with the application: (A) a resale | ||||||
33 | number issued under Section
2c of the Retailers' Occupation Tax | ||||||
34 | Act or evidence that the applicant is
registered under Section | ||||||
35 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
36 | exemption identification
number issued under Section 1g of the |
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1 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
2 | Commission that the purchase of alcoholic liquors will be
a | ||||||
3 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
4 | not registered
under Section 2a of the Retailers' Occupation | ||||||
5 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
6 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
7 | number under Section 1g of the Retailers' Occupation Tax
Act, | ||||||
8 | in which event the Commission shall set forth on the special | ||||||
9 | event
retailer's license a statement to that effect; (ii) | ||||||
10 | submit with the application proof satisfactory to
the State | ||||||
11 | Commission that the applicant will provide dram shop liability
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12 | insurance in the maximum limits; and (iii) show proof | ||||||
13 | satisfactory to the
State Commission that the applicant has | ||||||
14 | obtained local authority
approval.
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15 | (f) A railroad license shall permit the licensee to import | ||||||
16 | alcoholic
liquors into this State from any point in the United | ||||||
17 | States outside this
State and to store such alcoholic liquors | ||||||
18 | in this State; to make wholesale
purchases of alcoholic liquors | ||||||
19 | directly from manufacturers, foreign
importers, distributors | ||||||
20 | and importing distributors from within or outside
this State; | ||||||
21 | and to store such alcoholic liquors in this State; provided
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22 | that the above powers may be exercised only in connection with | ||||||
23 | the
importation, purchase or storage of alcoholic liquors to be | ||||||
24 | sold or
dispensed on a club, buffet, lounge or dining car | ||||||
25 | operated on an electric,
gas or steam railway in this State; | ||||||
26 | and provided further, that railroad
licensees exercising the | ||||||
27 | above powers shall be subject to all provisions of
Article VIII | ||||||
28 | of this Act as applied to importing distributors. A railroad
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29 | license shall also permit the licensee to sell or dispense | ||||||
30 | alcoholic
liquors on any club, buffet, lounge or dining car | ||||||
31 | operated on an electric,
gas or steam railway regularly | ||||||
32 | operated by a common carrier in this State,
but shall not | ||||||
33 | permit the sale for resale of any alcoholic liquors to any
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34 | licensee within this State. A license shall be obtained for | ||||||
35 | each car in which
such sales are made.
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36 | (g) A boat license shall allow the sale of alcoholic liquor |
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1 | in
individual drinks, on any passenger boat regularly operated | |||||||||||||||||||||
2 | as a common
carrier on navigable waters in this State or on any | |||||||||||||||||||||
3 | riverboat operated
under
the Riverboat Gambling Act, which boat | |||||||||||||||||||||
4 | or riverboat maintains a public
dining room or restaurant | |||||||||||||||||||||
5 | thereon.
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6 | (h) A non-beverage user's license shall allow the licensee | |||||||||||||||||||||
7 | to
purchase alcoholic liquor from a licensed manufacturer or | |||||||||||||||||||||
8 | importing
distributor, without the imposition of any tax upon | |||||||||||||||||||||
9 | the business of such
licensed manufacturer or importing | |||||||||||||||||||||
10 | distributor as to such alcoholic
liquor to be used by such | |||||||||||||||||||||
11 | licensee solely for the non-beverage purposes
set forth in | |||||||||||||||||||||
12 | subsection (a) of Section 8-1 of this Act, and
such licenses | |||||||||||||||||||||
13 | shall be divided and classified and shall permit the
purchase, | |||||||||||||||||||||
14 | possession and use of limited and stated quantities of
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15 | alcoholic liquor as follows:
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21 | (i) A wine-maker's premises license shall allow a
licensee | |||||||||||||||||||||
22 | that concurrently holds a first-class wine-maker's license to | |||||||||||||||||||||
23 | sell
and offer for sale at retail in the premises specified in | |||||||||||||||||||||
24 | such license
not more than 50,000 gallons of the first-class | |||||||||||||||||||||
25 | wine-maker's wine that is
made at the first-class wine-maker's | |||||||||||||||||||||
26 | licensed premises per year for use or
consumption, but not for | |||||||||||||||||||||
27 | resale in any form. A wine-maker's premises
license shall allow | |||||||||||||||||||||
28 | a licensee who concurrently holds a second-class
wine-maker's | |||||||||||||||||||||
29 | license to sell and offer for sale at retail in the premises
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30 | specified in such license up to 100,000 gallons of the
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31 | second-class wine-maker's wine that is made at the second-class | |||||||||||||||||||||
32 | wine-maker's
licensed premises per year
for use or consumption | |||||||||||||||||||||
33 | but not for resale in any form. Upon approval from the
State | |||||||||||||||||||||
34 | Commission, a wine-maker's premises license
shall allow the | |||||||||||||||||||||
35 | licensee to sell and offer for sale at (i) the wine-maker's
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36 | licensed premises and (ii) at up to 2 additional locations for |
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1 | use and
consumption and not for resale. Each location shall | ||||||
2 | require additional
licensing per location as specified in | ||||||
3 | Section 5-3 of this Act.
| ||||||
4 | (j) An airplane license shall permit the licensee to import
| ||||||
5 | alcoholic liquors into this State from any point in the United | ||||||
6 | States
outside this State and to store such alcoholic liquors | ||||||
7 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
8 | directly from
manufacturers, foreign importers, distributors | ||||||
9 | and importing
distributors from within or outside this State; | ||||||
10 | and to store such
alcoholic liquors in this State; provided | ||||||
11 | that the above powers may be
exercised only in connection with | ||||||
12 | the importation, purchase or storage
of alcoholic liquors to be | ||||||
13 | sold or dispensed on an airplane; and
provided further, that | ||||||
14 | airplane licensees exercising the above powers
shall be subject | ||||||
15 | to all provisions of Article VIII of this Act as
applied to | ||||||
16 | importing distributors. An airplane licensee shall also
permit | ||||||
17 | the sale or dispensing of alcoholic liquors on any passenger
| ||||||
18 | airplane regularly operated by a common carrier in this State, | ||||||
19 | but shall
not permit the sale for resale of any alcoholic | ||||||
20 | liquors to any licensee
within this State. A single airplane | ||||||
21 | license shall be required of an
airline company if liquor | ||||||
22 | service is provided on board aircraft in this
State. The annual | ||||||
23 | fee for such license shall be as determined in
Section 5-3.
| ||||||
24 | (k) A foreign importer's license shall permit such licensee | ||||||
25 | to purchase
alcoholic liquor from Illinois licensed | ||||||
26 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
27 | than in bulk from any point outside the
United States and to | ||||||
28 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
29 | distributors and to no one else in Illinois;
provided that the | ||||||
30 | foreign importer registers with the State Commission
every
| ||||||
31 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
32 | licensees during the
license period and
provided further that | ||||||
33 | the foreign importer complies with all of the provisions
of | ||||||
34 | Section
6-9 of this Act with respect to registration of such | ||||||
35 | Illinois licensees as may
be granted the
right to sell such | ||||||
36 | brands at wholesale.
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1 | (l) (i) A broker's license shall be required of all persons
| ||||||
2 | who solicit
orders for, offer to sell or offer to supply | ||||||
3 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
4 | offer to retailers to ship or
cause to be shipped or to make | ||||||
5 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
6 | or any other party within or without the State
of Illinois in | ||||||
7 | order that alcoholic liquors be shipped to a distributor,
| ||||||
8 | importing distributor or foreign importer, whether such | ||||||
9 | solicitation or
offer is consummated within or without the | ||||||
10 | State of Illinois.
| ||||||
11 | No holder of a retailer's license issued by the Illinois | ||||||
12 | Liquor
Control Commission shall purchase or receive any | ||||||
13 | alcoholic liquor, the
order for which was solicited or offered | ||||||
14 | for sale to such retailer by a
broker unless the broker is the | ||||||
15 | holder of a valid broker's license.
| ||||||
16 | The broker shall, upon the acceptance by a retailer of the | ||||||
17 | broker's
solicitation of an order or offer to sell or supply or | ||||||
18 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
19 | to the Illinois Liquor
Control Commission a notification of | ||||||
20 | said transaction in such form as
the Commission may by | ||||||
21 | regulations prescribe.
| ||||||
22 | (ii) A broker's license shall be required of
a person | ||||||
23 | within this State, other than a retail licensee,
who, for a fee | ||||||
24 | or commission, promotes, solicits, or accepts orders for
| ||||||
25 | alcoholic liquor, for use or consumption and not for
resale, to | ||||||
26 | be shipped from this State and delivered to residents outside | ||||||
27 | of
this State by an express company, common carrier, or | ||||||
28 | contract carrier.
This Section does not apply to any person who | ||||||
29 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
30 | authorized in Section 6-29 of this Act.
| ||||||
31 | A broker's license under this subsection (1) shall not | ||||||
32 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
33 | own account or to take or deliver title to
such alcoholic | ||||||
34 | liquors.
| ||||||
35 | This subsection (1) shall not apply to distributors, | ||||||
36 | employees of
distributors, or employees of a manufacturer who |
| |||||||
| |||||||
1 | has registered the
trademark, brand or name of the alcoholic | ||||||
2 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
3 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
4 | its registrants thereunder.
| ||||||
5 | Any agent, representative, or person subject to | ||||||
6 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
7 | not be eligible to receive a broker's
license.
| ||||||
8 | (m) A non-resident dealer's license shall permit such | ||||||
9 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
10 | State from any point
outside of this State, and to sell such | ||||||
11 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
12 | importing distributors and to no one else in this State;
| ||||||
13 | provided that said non-resident dealer shall register with the | ||||||
14 | Illinois Liquor
Control Commission each and every brand of | ||||||
15 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
16 | licensees during the license period; and further provided
that | ||||||
17 | it shall comply with all of the provisions of Section 6-9 | ||||||
18 | hereof with
respect to registration of such Illinois licensees | ||||||
19 | as may be granted the right
to sell such brands at wholesale.
| ||||||
20 | (n) A brew pub license shall allow the licensee to | ||||||
21 | manufacture beer only
on the premises specified in the license, | ||||||
22 | to make sales of the
beer manufactured on the premises to | ||||||
23 | importing distributors, distributors,
and to non-licensees for | ||||||
24 | use and consumption, to store the beer upon
the premises, and | ||||||
25 | to sell and offer for sale at retail from the licensed
| ||||||
26 | premises, provided that a brew pub licensee shall not sell for | ||||||
27 | off-premises
consumption more than 50,000 gallons per year.
| ||||||
28 | (o) A caterer retailer license shall allow the holder
to | ||||||
29 | serve alcoholic liquors as an incidental part of a food service | ||||||
30 | that serves
prepared meals which excludes the serving of snacks | ||||||
31 | as
the primary meal, either on or off-site whether licensed or | ||||||
32 | unlicensed.
| ||||||
33 | (p) An auction liquor license shall allow the licensee to | ||||||
34 | sell and offer
for sale at auction wine and spirits for use or | ||||||
35 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
36 | accordance with provisions of this Act. An
auction liquor |
| |||||||
| |||||||
1 | license will be issued to a person and it will permit the
| ||||||
2 | auction liquor licensee to hold the auction anywhere in the | ||||||
3 | State. An auction
liquor license must be obtained for each | ||||||
4 | auction at least 14 days in advance of
the auction date.
| ||||||
5 | (q) A special use permit license shall allow an Illinois | ||||||
6 | licensed
retailer to transfer a portion of its alcoholic liquor | ||||||
7 | inventory from its
retail licensed premises to the premises | ||||||
8 | specified in the license hereby
created, and to sell or offer | ||||||
9 | for sale at retail, only in the premises
specified in the | ||||||
10 | license hereby created, the transferred alcoholic liquor for
| ||||||
11 | use or consumption, but not for resale in any form. A special | ||||||
12 | use permit
license may be granted for the following time | ||||||
13 | periods: one day or less; 2 or
more days to a maximum of 15 days | ||||||
14 | per location in any 12 month period. An
applicant for the | ||||||
15 | special use permit license must also submit with the
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16 | application proof satisfactory to the State Commission that the | ||||||
17 | applicant will
provide dram shop liability insurance to the | ||||||
18 | maximum limits and have local
authority approval.
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19 | (Source: P.A. 91-357, eff. 7-29-99; 92-105, eff. 1-1-02; | ||||||
20 | 92-378, eff.
8-16-01; 92-651, eff. 7-11-02; 92-672, eff. | ||||||
21 | 7-16-02.)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
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